AS REPRESy

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/° RECEIVED a
are, YUL 2 3 ang
Republic of the Philippines i o
HOUSE OF REPRESENTATIVES, TIME: p08

Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2547

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

EXPLANATORY NOTE

Overseas Filipino Workers (OFWs) are dispersed all around the world so wherever
nook or cranny you may find yourself in, you are most likely to bump into a fellow
Filipino. It has become one of the largest diaspora populations in the world, spanning
‘over 100 countries’. According to official records by the Philippine Statistics Authority,
the number of OFWs who worked abroad at any time during the April to September in
2018 was estimated at 2.3 million. The OFW population is increasing through the
years, largely through the government's thrust in outflow of contractual workers from
the country.

Our country takes pride in our overseas workers, often being described as heroes of
the nation. They have greatly contributed to the development of the Philippine
economy with remittances, which grew to $31 billion or nearly 10% of the GDP in
2018°. This thrust in sending our own abroad to work is supported by current policies
and government programs and agencies were created from the Marcos administration
to cater to this concern. From 3 government agencies created to tend to the needs of
Filipino migrant workers, it was consolidated into the Philippine Overseas Employment

Administration (POEA) in 1982 as an attached agency of the Department of Labor and
Employment.

" David K. Yoo: Bichiro Azuma (4 January 2016). The Orford Handbook of Asian American History. Oxford University Press. p. 402.
ISBN 978.0-19-986087-0,

* Statistical Tables on Overseas Filipino Workers. 2018, Philippine Statistics Authority
» Almendral, Aurora; Reyes Morales, Hannah. December 2018. "Why 10 million Filipinos endure hardship abroad as overseas workers"
National Geographic. United States. Retrieved 4 July 2019,



However, despite government efforts in helping the overseas workers, there is still
room to improve on the current coordination of agencies, especially in addressing the
highly-specialized concerns of our OFWs. The increasing number of migrant workers
alone is a cause to expand the operations of the government agencies that handle
their concerns. In 2018, the Overseas Workers Welfare Administration (OWWA)
complained about lacking the staff to handle the concerns of 10 million OFWs*.

This bill proposes to create the Department of Overseas Filipino to be the primary
government agency handling overseas labor and employment. It is tasked to formulate
and undertake a systematic program for promoting the welfare of OFWs and
monitoring their overseas employment. It shall also be the primary policymaking body
to look after and protect their rights to fair and equitable employment practices.

The proposed measure also creates an Overseas Filipinos Assistance Fund to provide
financial support for Filipino migrants in distress, including repatriation and provisions
for life-saving funds in times of great emergency of distress. If and when overseas
Filipinos decide to return to the Philippines, they will be welcome with open arms and
provision of training and livelihood loans by the proposed Department.

Our Filipino migrant workers deserve to be given primary care and attention. We hope
to give them what is due through this legislation, which filed as a counterpart bill to
Senator Bong Go's version in the Senate.

The approval of this bill is earnestly sought.

LUIS ID “LA ” F. VILLAFUERTE, JR.

‘Macon Ramos-Araneta. February 11,2019, Manila Standard, hip://manilastandard netnews/nationa/287583/koko-seeks-creation-of ofW-
department mt


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House BILL No, 234?

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
CREATING THE DEPARTMENT OF OVERSEAS FILIPINOS, DEFINING ITS
POWERS AND FUNCTIONS, APPROPRIATING FUNDS THEREFOR,
RATIONALIZING THE ORGANIZATION AND FUNCTIONS OF GOVERNMENT
AGENCIES RELATED TO MIGRATION, AND FOR OTHER PURPOSES

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

CHAPTER I
GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the “Department of OFW Act of
2019."

SECTION 2. Declaration of Policies. -

(a) In the pursuit of an independent foreign policy and while considering national
sovereignty, territorial integrity, national interest, and the right to self-determination
paramount in its relations with other states, the State shall, at all times, uphold the
dignity of its citizens, whether in country or overseas, in general, and Filipino migrant
workers, in particular, continuously monitor international conventions, adopt/be
signatory to and ratify those that guarantee protection to our migrant workers, and
endeavor to enter into bilateral agreements with countries hosting overseas Filipino
workers;


(b) The State shall afford full protection to OFWs, promote full employment,
ensure equal work opportunities regardless of sex, gender, race, creed or religion,
regulate the relations between OFWs and their employers, and promote their welfare
and well-being at all times. The State shall protect the rights of the workers to security
of tenure, and just and humane conditions of work. Towards this end, the State shall
provide adequate and timely social, economic, and legal services to OFWs;

(c) While recognizing the significant contribution of Filipino migrant workers and
overseas Filipinos to the national economy through their foreign exchange remittances
and investments, the State does not promote overseas employment as a means to
sustain economic growth and achieve national development. The existence of the
overseas employment program rests solely on the assurance that the dignity and
fundamental human rights and freedoms of the Filipino citizens shall not, at any time,
be compromised or violated. The State, therefore, shall continuously create local
employment opportunities and promote the equitable distribution of wealth and the
benefits of development. Toward this end, the State shall continually aim to make
migration a choice and not a necessity for every Filipino worker;

(d) The State affirms the fundamental equality before the law of women and
men and the significant role of women in nation building. Recognizing the contribution
of overseas migrant women workers and their particular vulnerabilities, the State shall
apply gender sensitive criteria in the formulation and implementation of policies and
programs affecting migrant workers and the composition of bodies tasked for the
welfare of migrant workers;

(e) Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty. In this regard, it is
imperative that an effective mechanism be instituted to ensure that the rights and
interests of distressed overseas Filipinos, in general, and Filipino migrant workers, in
particular, whether regular/documented or irregular/undocumented, are adequately
protected and safeguarded;

(f) The right of Filipino migrant workers and of all overseas Filipinos to
participate in the democratic decision-making processes of the State and to be


represented in institutions relevant to overseas employment is recognized and
guaranteed;

(g) The State recognizes non-governmental organizations, trade unions,
workers associations, business organizations and other stakeholders duly recognized
as legitimate, as partners of the State in the protection of Filipino migrant workers and
in the promotion of their welfare. The State shall cooperate with them in a spirit of trust
and mutual respect. The significant contribution of recruitment and manning agencies
shall form part of this partnership;

{h) The State shall protect every citizen desiring to work locally or overseas by
securing for him or her the best possible terms and conditions of employment. The
State shall endeavor to facilitate a free choice of available employment by persons
seeking work and regulate the movement of workers in conformity with the national
interest;

(i) The State further affirms that the Filipino family, as a basic autonomous
social institution, is the foundation of the nation. Accordingly, the solidarity of the
families of OFWs shall be strengthened and their total development shall be actively
promoted;

()) The State shall endeavor to fulfill its commitment in the fulfillment of the 23
objectives of the Global Compact for Safe, Orderly and Regular Migration (GCM).

SECTION 3. Definition of Terms. - The following terms, as used in this Act, shall
mean:

a) Act refers to the “Department of Overseas Filipinos Act”;

b) Authority refers to a document issued by the Secretary authorizing the officers,
personnel, agents, or representatives of licensed recruitment/manning agency
to conduct recruitment and placement activities as a private recruitment entity;

¢) Irregular/Undocumented Filipino Migrant Workers refers to the following:

(1) Those who acquired their passports through fraud or misrepresentation;
(2) Those who possess expired visas or permits to stay;
(3) Those who have no travel documents whatsoever;


d

9)

h)

k)

(4) Those who have valid but inappropriate visas; or

(5) Those whose employment contracts were not approved by the Department.
License refers to the document issued by the Secretary authorizing a person,
partnership or corporation to operate a private recruitment/manning agency;
Manning Agency refers to any person, partnership or corporation duly licensed
by the Secretary to engage in the recruitment and placement of seafarers for
ships plying international waters and for related maritime activities;

Overseas employment refers to employment of a worker outside the
Philippines;

Overseas Filipinos refers to migrant workers, other Filipino nationals, and their
dependents abroad, including Filipinos who are permanent residents abroad;
Overseas Filipino Worker or Migrant Worker refers to a Filipino who is to be
‘engaged, is engaged, or has been engaged in remunerated activity in a state
of which he or she is not a citizen, or on board a vessel navigating the foreign
seas other than a government ship used for military or non-commercial
Purposes, or on an installation located offshore or on the high seas. A “person
to be engaged in a remunerated activity” refers to an applicant worker who has
been promised or assured employment overseas;
Overseas Filipino Worker in Distress refers to an Overseas Filipino Worker who
has a medical, psycho-social or legal assistance problem requiring treatment,
hospitalization, counselling, legal representation, or any kind of intervention
with the authorities in the country where he or she is found;
Private Recruitment/Employment Agency refers to any person, partnership or
corporation duly licensed by the Secretary to engage in the recruitment and
placement of workers for overseas employment for a fee which is charged,
directly or indirectly, from the workers who renewed their employment contracts
with the same principal;
Regular/Documented Overseas Filipino Workers refers to the following:
(1) Those who possess valid passports and appropriate visas or permits to
‘stay and work in the receiving country; and
(2) Those whose contracts of employment have been approved by the
Department.
Seafarer refers to any person who is employed or engaged in overseas
employment in any capacity on board a ship other than a government ship used


for military or non-commercial purposes. The definition shall include fisher folk,
cruise ship personnel, and those serving on mobile offshore and drilling units in

the high seas;
m) Secretary refers to the Secretary of the Department of Overseas Filipinos and
Migrant Workers;
CHAPTER Il
THE DEPARTMENT PROPER

SECTION 4. Creation. - The Department of Overseas Filipinos, hereinafter referred
to as the Department, is hereby organized, structurally and functionally in accordance
with the provisions of this Act.

The Department is hereby created to serve as the primary agency under the
Executive Branch tasked to promote the welfare of overseas Filipinos; formulate, plan,
coordinate, promote, administer, implement policies, and undertake a systematic
national development program for managing and monitoring the overseas/foreign
employment of Filipino workers, including seafarers, domestic helpers, skilled and
unskilled workers taking into consideration domestic manpower requirements and the
need to protect their rights to fair and equitable employment practices.

The Department shall render an annual report of its activities and achievements
to the President and to Congress. In addition, it shall have original and exclusive
jurisdiction over all cases involving employer-employee relations, documented/regular
or undocumented/irregular workers, arising out of or by virtue of any law or contract
involving Filipino workers for overseas employment.

SECTION 5. Powers and Functions. - In pursuit of its mandate, the Department shall
have the following powers and functions:

(a) Formulate, recommend, and implement national policies, plans, programs, and
guidelines that will ensure the protection of Over\seas Filipinos and Migrant
Workers, and address the problems that they face abroad in consultation with all
relevant stakeholders;


(b)

(c)

(a)

)

(9)

(h)

(i)

0)

Conduct in-depth studies on all policy areas and options that will ensure
protection of OFW and address perennial issues OFWs face abroad, in
consultation with the relevant stakeholders;

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;

Protect and promote the interest of every citizen desiring to work overseas by
securing for him/her the most equitable terms and conditions of employment, and
by providing social and welfare services;

Protect and promote the welfare, well-being, and interests of the families of
OFWs;

Formulate general guidelines concerning wage and income policy subject to the
limitations imposed by the laws of the foreign countries;

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

Assess, review, harmonize, and coordinate applicable policies and procedures,
as well as multilateral or bilateral treaties and agreements with OFW countries of
destination and other migrant countries of origin, the United Nations and its
affiliate organizations, and other international and regional organizations, fora,
and processes, in coordination with the Department of Labor and Employment
(DOLE) and the Department of Foreign Affairs (DFA);

Represent Philippine interests and negotiate on matters pertaining to overseas
Filipinos and migrant workers in international bodies, in coordination with the
Department of Foreign Affairs and the Department of Labor and Employment;

Be the primary agency in countries of destination in charge of Overseas Filipinos
and Migrant Workers concerns under the control and supervision of the head of


(k)

0)

(m

(n)

(0)

(p)

(a)

10)

(s)

Post in the person of the Ambassador or Consul General following the One
Country Team Approach (OCTA);

Employ a proactive approach in providing assistance to the Overseas Filipinos
and Migrant Workers in times of war, civil unrest, or other analogous
circumstances, whether potential or actual;

Assist and provide timely assistance to Overseas Filipinos and Migrant Workers
in distress and, for this purpose, tap the services of local and foreign-based
personnel, lawyers, labor experts, security providers and other professionals;

Provide social and welfare services to OFWs, including insurance, social work
assistance, legal assistance, cultural services, and remittance services;

Provide job matching services to the public, in cooperation with the Department
of Education, the Commission on Higher Education, the Technical Education and
Skills Development Authority, and other government agencies, civil society and
non-governmental organizations, with the view of promoting the global
competitiveness of the Filipino;

Promote knowledge, information and resource sharing, and develop a database
system complete with information on the status and location of Overseas
Filipinos and Migrant Workers anywhere in the world;

Coordinate and support the generation and build-up of resources or funds for the
use of Overseas Filipinos and Migrant Workers;

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

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

Regulate the operation of private recruitment agencies and other relevant


business entities involved in the deployment of OFWs taking into account the
primacy of upholding the welfare and protection of OFWs, and with due
consideration to relevant market conditions;

(t) Assist in the professionalization, training and capacity building of private
recruitment agencies, and recognize their freedom of association for the purpose
of self-regulation, raising accountability and effective representation, and the
adoption of a code of ethical conduct among its members, and provide a system
of incentives therefor;

(u) Assume all other powers, functions, and responsibilities assigned to the DOLE
relating to OFWs provided for under Republic Act No. 8042, as amended,
otherwise known as the Migrant Workers Act of 1995, R.A. No. 10801 otherwise
known as the Overseas Workers Welfare Administration Act, and other related
laws; and

(v) Promulgate rules and regulations for the implementation of its guidelines and
policies and related laws.

SECTION 6. Composition. - The Department shall consist of the Department proper
comprising of the Office of the Secretary, the Office of the Undersecretaries and
Assistant Secretaries, the Service Units and the Staff Bureaus, and its Regional
Offices.

The Secretary shall be appointed by the President and confirmed by the
Commission of Appointments. The Undersecretaries and Assistant Secretaries shall
be likewise be appointed by the President upon the recommendation of the Secretary.

SECTION7. Secretary of the Department of Overseas Filipinos. - The authority and
responsibility for the exercise of the mandate of the Department and for the discharge
of its powers and functions shall be vested in the Secretary of Overseas Filipinos,
hereinafter referred to as the Secretary, who shall have supervision and control over

the Department. For such purposes, the Secretary shall have the following powers and
functions:


(a)

(b)

(c)

(d)

(e)

(9)

(h)

(i)

0)
(k)

()

Establish the policies and standards for the operation of the Department pursuant
to the approved programs of government;

Exercise jurisdiction over al bureaus, offices, agencies and corporations under
the Department as are provided by law, and in accordance with the applicable
relationships as specified in Chapters 7,8, and 9 of the Administrative Code of
1987;

Delegate authority for the performance of any function to officers and employees
of the Department

Advise the President on the promulgation of executive and administrative orders,
other regulative issuances, and legislative proposals on matters pertaining to
foreign labor and employment;

Formulate policies, guidelines, rules and regulations and other issuances
essential and necessary to carry out Department policies, plans, programs and
projects;

Issue orders, directives, rules and regulations, and other issuances to carry out
foreign labor and employment policies, plans, programs and projects;
Coordinate with other government offices, labor, organizations, employers’
associations, and any other group to carry out the mandate of the Department;
Negotiate with foreign governments in coordination with the Department of
Foreign Affairs treaties, agreements, compacts, and other instruments that are
related to labor migration;

Evaluate the policy, plans, programs and project accomplishments of the
Department;

Prepare reports for the President and for the public;

Administer and manage the Overseas Filipinos Assistance Fund, and issue
guidelines for the proper utilization of the Fund; and

Exercise such other powers and functions as may be provided by law or assigned
by the President.

SECTION 8. Department Units. — The following units are hereby created to be each
headed by an Assistant Secretary and assisted by other officers and staff:

The Policy Planning, Research, and Legal Affairs Unit which shall:

nf


4. Undertake research necessary in preparation and evaluation of policy
reports, treaties, and multilateral and bilateral agreements;

2. Assist and draft policies in line with the functions of the Office of the
Secretary and the Department;

3. Ensure that development policies are in line with national development;

4. Analyze data in order to make informed decisions and to guide policy
intervention with regard to migration and foreign employment;

5. Ensure collection of accurate and quality statistics to conduct analysis of
the changes in the labor and foreign market;

6. Advise and assist the Secretary and the Undersecretaries in the formulation
of the Department's over-all long-range and short-term plans and programs
on overseas employment, with special focus on the government's
compliance with international labor agreements;

7. Reviews and evaluates the progress/status of projects and
accomplishments in relation to set standards, objectives and schedules;
and

8. Perform such other functions as may be provided by law or assigned by the
Secretary and/or Undersecretaries from time to time.

Administrative Unit which shall provide the Department with efficient, effective
and, economical services relating to records, management, supplies, equipment,
collections, disbursements, building administration and maintenance, security,
and custodial work;

Human Resource Development Unit which shall provide the Department with a
program and corresponding projects that shall make available training,
education, and development opportunities needed to upgrade the levels of
competence and productivity of Department managers and personnel. It shall
absorb the powers and functions of the Administrative Service in relation to the
development and administration of personnel programs including selection and
placement, development, performance evaluation, employee relations, and
welfare;

Financial Management Unit which shall be responsible for providing the
Department with efficient, effective, and economical services relating to
budgetary, financial, management improvement, and internal control matters;
Information and Publication Unit which shall be responsible for promoting rapport

12


and understanding between the Department and the public through the
development of public relations programs and the dissemination of accurate and
updated information on foreign labor and employment, by means of publication,
radio, television, and social media coverage of special events and related
matters on the Department's policies, plans, programs, and projects. The Service
shall likewise be responsible for providing answers to queries from the public
regarding the Department's policies, rules, regulations, programs, activities, and
services; and

f. | The Overseas Filipinos Assistance Fund Unit which shall be responsible for
assisting the Secretary in the management and use of the Overseas Filipinos
Assistance Fund.

SECTION 9. Undersecretaries. - The Secretary shall be assisted by not more than
six (6) Undersecretaries who shall be appointed by the President upon the
recommendation of the Secretary. The following offices are hereby created to be each
headed by an Undersecretary and assisted by other officers and staff:

a. Office of the Undersecretary for Administration and Finance which shall
provide the Department with efficient, effective and, economical services
relating to records, management, supplies, equipment, collections,
disbursements, building administration and maintenance, security, and
custodial work; administer personnel programs including selection and
placement, development, performance evaluation, employee relations, and
welfare; manage internal budgetary and financial matters. The Office shall
supervise the operational activities of the Administrative Unit, Human
Resource Development Unit and the Financial Management Unit;

b. Office of the Undersecretary for Foreign Employment which shall absorb the
mandates and functions of the Philippine Overseas Employment
Administration under Executive Order 247 s. 1987 and Republic Act No.
8042, as amended, and shall have the following additional functions:

1. Advise and assist the Secretary in the formulation of the Department's
over-all long-range and short-term plans and programs on overseas
employment, with special focus on the government's compliance with
international labor agreements;

2. Review and evaluate the progress/status of projects and

13


accomplishments in relation to set standards, objectives and schedules;

. Supervise the operational activities of the Policy Planning, Research and

Legal Affairs Unit, and the Information and Publication Unit; and

}. Perform such other functions as may be provided by law or assigned by

the Secretary from time to time.

;. Office of the Undersecretary for Reintegration and Social Services which
shall absorb the mandates and functions of the Overseas Workers Welfare
Administration under Republic Act No. 10801, implement and deliver

programs and services through regional and on-site operations and shall
have the following additional functions:

L

Develop support programs and projects for _livelihood,
entrepreneurship, savings, investment and financial literacy for
returning Filipino overseas migrant workers and their families, in
coordination with relevant stakeholders, service providers and
international organizations;

Coordinate with appropriate stakeholders, service providers and
relevant international organizations for the promotion, development and
the full utilization of the skills and potentials of returning overseas
Filipino workers;

Institute, in cooperation with other government agencies concerned, a
computer-based information system on returning Filipino overseas
migrant workers which shall be accessible to all local recruitment
agencies and employers, both public and private;

Provide a periodic study and assessment of job opportunities returning
Filipino overseas migrant worker;

Develop and implement other appropriate programs to promote the
welfare of returning Filipino overseas migrant workers;

Maintain an interest-based communication system for on-line
registration of returning OFWs and interaction with clients, and maintain
and upgrade computer-based service capabilities of the Department;
Develop capacity-building programs for returning overseas Filipino
workers and their families, implementers, service providers and
stakeholders;


8. Conduct research for policy recommendations and program
development;

9, Administer the OWWA Fund;

10. Administer the Migrant Workers Loan Guarantee Fund; and

11. Undertake other programs and activities as may be determined by the

Department.
|. Office of the Undersecretary for Overseas Filipinos which shall have the
following functions:

1. Formulate, in coordination with agencies concerned, an integrated
program for the promotion of the welfare of Filipinos overseas for
implementation by suitable existing agencies;

. Coordinate and monitor the implementation of such an integrated

program;

Initiate and directly undertake the implementation of special projects and

programs, whenever necessary, to promote the welfare of Filipinos

overseas with respect to their interests and activities in the Philippines;

Serve as a forum for preserving and enhancing the social, economic and

cultural ties of Filipinos overseas with their motherland;

5. Provide liaison services to Filipinos overseas with appropriate
government and private agencies in the transaction of business and
similar ventures in the Philippines; and

N

ed

a

6. Perform such other functions as may be provided by law or assigned by
the Secretary from time to time.

.. Office of the Undersecretary for Assistance to Overseas Filipinos in Distress
which shall have the following functions:

1. Provide prompt and appropriate response to global emergencies or
crisis situations affecting OFWs and their families;

2. Recommend to the Secretary the grant of the use of Overseas Filipinos
Assistance Fund;

3. Undertake all repatriation activities, in coordination with the Office of the
Undersecretary for Foreign Employment, Office of the Undersecretary
for Reintegration and Social Services, and other government agencies,
in cases of war, epidemic, disasters or calamities, natural or man-made,


and other similar events without prejudice to reimbursement by the
responsible principal or agency;

4. Draft the guidelines, procedures and criteria for the provisions of
Overseas Filipinos Assistance Fund to Overseas Filipino and Migrant
Workers;

5. Ensure effective coordination and cooperation with other agencies and
the Foreign Service Posts in the provision of assistance from the
Overseas Filipinos Assistance Fund to Overseas Filipino and Migrant
Workers;

6. Coordinate with the Office of the Undersecretary for Foreign
Employment, Office of the Undersecretary for Reintegration and Social
Services, and other government agencies concerned, as well as with
non-governmental organizations assisting migrant workers, to ensure
effective coordination in providing legal assistance to migrant workers;

7. Tap the assistance of the Integrated Bar of the Philippines (IBP), other
bar associations, legal experts on labor, migration and human rights
laws, reputable law firms, and other civil society organizations, to
complement government services and resources to provide legal
assistance to migrant workers; and

8. Supervise the operational activities of the Overseas Filipinos Assistance
Fund Unit.

f. Office of the Undersecretary for International Labor Affairs which shall have
the following functions:

1. Monitor the observance and implementation of the Philippines’
obligations and commitments to international organizations and treaties;

2. Supervise and monitor the activities of the Philippine Overseas Labor
Offices;

3. Coordinate with the Department of Foreign Affairs regarding treaties,
agreements, compacts, and other instruments that are related to labor
migration; and

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

SECTION 10. Regional Offices. - The Department is hereby authorized to establish,

16


operate, and maintain such Department-wide Regional Offices in each of the
administrative regions of the country, insofar as necessary, which shall be headed by
a Regional Director who shall have supervision and control thereof. The Regional
Director, whenever necessary, shall be assisted by an Assistant Regional Director. A
Regional Office shall have, within its regional area, the following functions:
(a) Implement laws, policies, plans, programs projects, rules and regulations of the
Department;
(b) Provide economical, efficient and effective service to the people;
(c) Coordinate with regional offices of other departments and agencies;
(d) Coordinate with local government units; and
(e) Perform such other functions as may be provided by law or assigned by the
Department.

SECTION 11. Qualifications. — No person shall be appointed Secretary,
Undersecretary, or Assistant Secretary of the Department unless he or she is a citizen
and resident of the Philippines, of good moral character, of proven integrity and with
competence and expertise in the plans, programs, projects and activities of the
government relative to overseas labor and employment.

SECTION 12. Sectoral and Industry Task Forces. - 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, local
government units, and government-owned and controlled corporations, may be
appointed to these working groups.

CHAPTER Ill
OFW CENTERS

SECTION 13. Establishment of OFW Centers. - The Migrant Workers and other
Overseas Filipinos Resource Center shall be transformed into the OFW Center
established initially in countries where there are large concentration of OFWs, as
determined by the Secretary. The OFW Center shall act as a one-stop shop for

7


Overseas Filipinos in the countries of destination. It shall be established within the
premises of the Philippine Embassy or the Consulate and be under the administrative
jurisdiction of the Philippine Embassy. Within five (5) years from the effectivity of this
Act, OFW Centers shall be established in all Philippine Embassies or Consulates

abroad.

‘When the OFW Center is established outside the premises of the Embassy or

Consulate, the Department of Foreign Affairs shall exert its best effort to secure

appropriate recognition from the receiving government in accordance with applicable
laws and practices.

SECTION 14. Functions. — The OFW Center shall provide the following services:

a.
b.

Counseling and legal services;

Welfare assistance including the procurement of medical and hospitalization
services;

Information, advisory programs to promote social integration such as post-
arrival orientation, settlement and community networking services and
activities for social interaction;

Registration of irregular/undocumented workers to bring them within the
purview of Republic Act 8042, as amended;

Implementation of Department Programs;

Gender-sensitive programs and activities to assist particular needs of migrant
workers;

Orientation program for returning workers and other migrants;

Monitoring of the daily situation, circumstances and activities affecting migrant
workers and other overseas Filipinos;

Ensuring that labor and social welfare laws in the receiving country are fairly
applied to migrant workers and other overseas Filipinos; and

Conciliation of disputes arising from employer-employee relationship, in
accordance with this Rule.

SECTION 15. Personnel. - Each OFW Center shall be staffed by the following:
(a) Foreign Service personnel;
(b) A Labor Attaché who shall undertake its current functions under Republic Act

18


8042, as amended and shall be the representative of the Department on-site;

(c) A Police Attaché who shall establish and maintain liaison with principal law
enforcement and security services in destination countries, and shall be
appointed by the Chief of the Philippine National Police;

(d) A Justice Attaché who shall render assistance to address legal needs of
Overseas Filipinos and assist the Labor Attaché in matters relating to
Overseas Filipinos in distress, and shall be appointed by the Secretary of the
Department of Justice; and

(e) Other service attachés or officers who represent Philippine government
agencies abroad.

The following personnel shall assist the attachés and be assigned to the Center:

a. Psychologists, Social Workers, and a Shari'a or Human Rights Lawyers;

b. Individual volunteers and representatives from bona fide non-government
organizations from the receiving countries, if available and necessary as
determined by the Labor Attaché in consultation with the Chief of Mission;

c. Public Relations Officer or Case Officer conversant, orally and in writing, with
the local language, laws, customs and practices; and

d. Legal Officers and such other professionals deemed necessary by the
Secretary.

SECTION 16. Administration of the Center. The Philippine Overseas Labor Office
through the Labor Attaché shall supervise and coordinate the operations of the OFW
Center and shall keep the Chief of Mission informed and updated on all matters
affecting it at least quarterly through a written report addressed to the Chief of Mission.

SECTION 17. Round-the Clock Operations. The OFW Center shall operate on a 24-
hour basis including Saturdays, Sundays and holidays. A counterpart 24-hour
Information and Assistance Center to ensure a continuous network and coordinative
mechanism shall be established at the Department.

SECTION 18. Budget. - The establishment, yearly maintenance and operating costs
of the OFW Centers, including the costs of services and programs not specially funded
under the Act, shall be sourced from the General Appropriations Act (GAA) and shall

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be included in the annual budget of the Department.

The salaries and allowances of overseas personnel shall be sourced from the
respective agencies’ budgets.

SECTION 19. OFW Malasakit Center. - The Department, in partnership with other
government agencies and local government units, shall establish a one-stop shop
OFW assistance center to be known as “OFW Malasakit Center” in all provinces and
major cities to ensure prompt and efficient provision of services to OFWs and their
families such as acquisition of government permits, validation of overseas job offers,
grievance and complaints desks and reintegration services.

CHAPTER IV
TRANSFER OF AGENCIES

SECTION 20. Transfer of Bureaus, Offices, Agencies. - (a) The following agencies
are hereby abolished, and their powers and functions under Republic Act 8042, as
amended by Republic Act 10022, and other applicable laws, and the funds and
appropriations, records, equipment, property, and personnel are likewise transferred
to this Department:

(1) Overseas Workers Welfare Administration (OWWA);

(2) Philippine Overseas Employment Administration (POEA);

(3) Commission on Filipino Overseas (CFO);

(4) International Labor Affairs Bureau of the Department of Labor and

Employment (DOLE) and
(5) National Reintegration Center for OFWs (NRCO)

The powers and functions of the Office of the Undersecretary for Migrant
Workers Affairs under the Department of Foreign Affairs and all Philippine Overseas
Labor Offices and their officials under the DOLE are hereby transferred to this
Department.

In the case of OWWA, all its membership records, funds appropriated under the
GAA, and all its trust funds are transferred to this Department. The Department shall

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issue guidelines on the transfer of records and funds: Provided, That existing members
shall not be required to re-apply for a new membership: Provided, further, That in no
case shall individual membership contributions be increased: Provided, finally, That
benefits and services to OFW members shall not be diminished.

The laws and rules on government reorganization as provided for by Republic
Act 6656, otherwise known as the Reorganization Law, and other relevant civil service
laws and regulations shall govern the reorganization process of the Department.

CHAPTER V
TRANSITORY PROVISIONS

SECTION 21. New Structure and Pattern. - Upon the approval of this Act, the
relevant officers and employees of the transferred entities under Section 20 of this Act,
shall in a hold over capacity, continue to perform their respective duties and
responsibilities and receive the corresponding salaries and benefits unless in the
meantime they are separated from government service as may be provided by law.

Subject to the approval of the Department of Budget and Management, the
Department shall, within six (6) months from the effectivity of this Act, determine its
organizational structure, staffing pattern, operating system, 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 22. Absorption or Separation from Service of Employees of the
Consolidated Agencies. - The existing employees of the agencies transferred under
the Department shall enjoy security of tenure and shall be absorbed by the
Department, in accordance with the new staffing pattern and organizational structure
as provided for in Section 21 of this Act, and the selection process as prescribed under
Republic Act No. 6656, otherwise known as the “Government Reorganization Law”.

Employees opting to be separated from the service as a consequence of the
consolidation and reconstitution under the provisions of this Act shall within one (1)
month from their separation or phase out from the service, receive separation benefits

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in accordance with existing laws. In addition, those who are qualified to retire shall be
allowed to retire and be entitled to all benefits provided, under any of the existing
retirement laws.

SECTION 23. Rationalization and Other Transitory Provisions. - \n the transfer of
entity functions as prescribed in the Act, the following rules shall be provided:

(a) Any transfer of entities shall include the functions, appropriations, funds,
records, equipment, facilities, other properties, assets, and liabilities of the transferred
entity as well as the personnel thereof as may be necessary, who shall, in a hold over
capacity, continue to perform their respective duties and responsibilities and receive
the corresponding salaries and benefits, unless in the meantime they are separated
from government service pursuant to existing laws. Those personnel from the
transferred entity whose positions are not included in the new position structure and
staffing pattern approved by the Secretary or who are not reappointed shall be entitled
to the benefits provided in the second paragraph of Section 22 hereof;

(b) Any transfer of functions which results in the abolition of the entity that has
exercised such transferred functions shall include, as may be necessary to the proper
discharge of the transferred functions, the appropriations, funds, records, equipment,
facilities, other assets, and personnel of the entity from which such functions have
been transferred. The remaining appropriations and funds shall revert to the General
Fund and the remaining records, equipment, facilities, and other assets shall be
allocated to such appropriate units as the Secretary shall determine or otherwise shall
be disposed of, in accordance with the pertinent laws, rules and regulations. The
liabilities, if any, of the abolished entity shall be treated likewise in accordance with
pertinent laws, rules and regulations. Incumbents of the abolished entity shall, in a
hold over capacity, continue to perform their respective duties and responsibilities and
receive the corresponding salaries and benefits unless in the meantime they are
separated from government service pursuant existing laws. Any such personnel
whose position is not included in the new position structure and staffing pattern
approved by the Secretary or who is not reappointed shall be entitled to the benefits
provided in the second paragraph of Section 22 hereof; and

(c) Any transfer of functions which does not result in the abolition of the entity

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that has exercised such transferred functions shall include the appropriations, funds,
records, equipment, facilities, other assets as well as the personnel of the entity from
which such functions have been transferred that are necessary to the proper discharge
of such transferred functions. The liabilities, if any, which have been incurred in
connection with the discharge of the transferred functions, shall be allocated in
accordance with pertinent laws, rules and regulations. Such personnel shall, in a hold
‘over capacity, continue to perform their respective duties and responsibilities and
receive the corresponding salaries and benefits unless in the meantime they are
separated from government service pursuant to existing laws. Any such personnel
whose position is not included in the new position structure and staffing pattern
approved by the Secretary or who is not reappointed shall be entitled to the benefits
provided in the second paragraph of Section 15 hereof.

CHAPTER VI
THE OVERSEAS FILIPINO WORKERS DISTRESS
AND ASSISTANCE FUND

SECTION 24. Overseas Filipinos Assistance Fund. — The Legal Assistance Funds
provided for under Section 25 of Republic Act No. 8042, as amended, is abolished. In
its stead, an Overseas Filipinos Assistance Fund to address the needs of regular and
irregular OFWs in distress, and those OFWs returning to the Philippines for good, in
the amount of Five Billion Pesos (P5,000,000,000) is hereby created. The fund shall
be allocated for the following purposes:

(a) Repatriation;

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

(c) Defraying necessary expenses and making payments for the life-saving rescue,
medical and hospitalization expenses, retrieval, and rehabilitation of OFWs in
distress, as needed;

(d) Basic necessities of OFWs in emergency situations or in detention; and

(e) Livelihood training and loans for OFWs who have decided to return to the
Philippines for good.

The Emergency Repatriation Fund created in Republic Act No. 8042, as

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amended, shall form part of the Overseas Filipinos Assistance Fund. The Secretary
shall issue guidelines, rules and regulations on the proper management, utilization
and disbursement of the Fund. The Department shall submit a quarterly fund
utilization report to the Office of the President, copies of which shall be made
available to Congress.

CHAPTER VII
APPROPRIATIONS

SECTION 25. Appropriations. - The amount of One Billion Pesos
(P1,000,000,000.00) for the initial operation of the Department shall be sourced from
the Contingent Fund of the President as well as from the existing funds of the attached
offices, bureaus, and agencies. Subsequent funding requirements shall be included in
the annual General Appropriations Act. The Department shall include in its proposed
budget the necessary amount to enable it to achieve its mandate.

CHAPTER VIII
MISCELLANEOUS

SECTION 26. Implementing Rules and Regulations. — The DFA, DOLE, DBM,
POEA, OWWA, CFO, NCRO and the Civil Service Commission shall, within sixty (60)
days after the effectivity of this Act, promulgate such rules and regulations necessary
to implement this Act.

SECTION 27. Implementing Authority of the Secretary. - The Secretary shall issue
such rules, regulations, and other issuances as may be necessary to ensure the
effective implementation of the provisions of this Act.

SECTION 28. Separability Clause. - Any portion or provision of this Act that is
declared unconstitutional shall not have the effect of nullifying other portions or
provisions hereof as long as such remaining portions can still subsist and be given
effect in their entirety.

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SECTION 29. Repealing Clause. - All laws, ordinances, rules, regulations, other
issuances or parts thereof, which are inconsistent with this Act, are hereby repealed
or modified accordingly. This Act does not repeal any benefits already provided and
accorded to Overseas Filipinos and Migrant Workers in other laws, ordinances, rules,
regulations and other issuances.

SECTION 30. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,

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