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

FIFTEENTH CONGRESS
Third Regular Session

$402
House Bill No,__ 9402

~~ Introduced by HON. LINABELLE RUTH R. VILLARICA
4TH DISTRICT, BULACAN.

EXPLANATORY NOTE,

The Public Employment Service Office (PESO), as provided for under R.A. No. 8759 must
perform the task of facilitating the access of job seekers to employment opportunities. This institutional
employment services arm of the government is duty-bound to stimulate employment in times of
economic slowdown.

While over the last three years, the average growth of employment was at 2.9%, in 2009 the
unemployment rate in the Philippines was at 7.5%, the second highest in the region next to Indonesia at
7.9%, The State can contribute to improve the employment situation by upgrading pertinent laws.

This bill seeks to amend the present PESO Law so as to substantially implement it by allocating
funds for the establishment, operation and maintenance of the PESO office. This bill will establish a
labor market information infrastructure at the grassroots for a more efficient and effective provision of
employment services.

Support for the enactment of this measure is earnestly sought.

SV Mane

REP. LINABELLE RUTHR. VILLARICA


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

FIFTEENTH CONGRESS
Third Regular Session

64

House Bill No.

Introduced by HON. LINABELLE RUTH R. VILLARICA
4TH DISTRICT, BULACAN

AN ACT DEFINING THE ROLE OF THE DEPARTMENT OF LABOR AND EMPLOYMENT
(DOLE) AND THE LOCAL GOVERNMENT UNITS (LGUs) ON THE ESTABLISHMENT AND.
OPERATION OF THE PUBLIC EMPLOYMENT SERVICE OFFICE (PESO), AND THE
OPERATION OF JOB PLACEMENT OFFICE IN SUCs AND NGOs, AMENDING FOR THE
PURPOSE SECTIONS 3, 6, 7 AND 9 OF REPUBLIC ACT No. 8759, OTHERWISE KNOWN AS.
THE PUBLIC EMPLOYMENT SERVICE OFFICE ACT OF 1999

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

SECTION 1. Section 3 of R.A. No. 8759, otherwise known as the “Public Service Employment
Office Act of 1999” is hereby amended to read as follows:

“SECTION 3. Establishment of the Public Employment Service Office.

“To carry out the above-declared policy, there shall be established in all
[capital towns of] provinces, [key] cities, and [other strategic areas}
MUNICIPALITIES a Public Employment Service Office, hereinafter referred to
as “PESO”, which shall be {community-based and] OPERATED AND
maintained [largely] by local government units (LGUs). [and a number of non-
governmental organizations (NGOs) and state universities and colleges (SUCs)].
‘The PESO shall be linked to the regional offices of the Department of Labor and
Employment (DOLE) for coordination and technical supervision, and to the
DOLE central office, to constitute the national PUBLIC employment service
network

UPON THE REQUEST OF THE NGO OR SUC, THE DOLE MAY
ENTER INTO A MEMORANDUM OF AGREEMENT FOR THE FORMER
TO ESTABLISH, OPERATE AND MAINTAIN A JOB PLACEMENT OFFICE.

TO HARMONIZE THE PROVISION OF EMPLOYMENT SERVICES
IN A GIVEN TERRITORIAL JURISDICTION, THE JOB PLACEMENT
OFFICE AT THE NGO AND SUC SHALL COORDINATE THEIR
ACTIVITIES WITH THE NEAREST PESO.


SEC. 2. Section 6 of the same law is hereby amended to read as follows:
“SECTION 6. Other Services of the PESO.

“In addition to the functions enumerated in the preceding section, every
PESO shall [also] undertake [the following] STRATEGIES, programs and
activities [:] TO MAKE THE PROVISION OF EMPLOYMENT SERVICES
EFFECTIVE AND EFFICIENT.”

[(a) Jobs Fairs - These shall be conducted periodically all over the country to
bring together in one venue job seekers and employers for immediate matching;]

[(b) Livelihood and Self-employment Bazaars ~ These will give clients
information on the wide array of livelihood programs they choose to avail of,
particularly in the rural area:]

[(C) Special Credit Assistance for Placed Overseas Workers - This type of
assistance will enable poor but qualified applicants to avail of opportunities for
overseas employment;

{(@) Special Program for Employment of Students and Out-of-School Youth
(SPESOS) ~ This program shall endeavor to provide employment to deserving,
students and out-of-school youths coming from poor families during summer and
Jor Christmas vacations as provided for under R.A. No. 7323 and. its
implementing rules, to enable them to pursue their education;}

[(@) Work Appreciation Program (WAP) ~ This program aims to develop the
values of work appreciation and ethics by exposing the young to actual work
situations;]

[( Workers Hiring for Infrastructure Projects (WHIP) ~ This program is in
pursuance of R.A. No. 6685 which requires construction companies, including,
the Department of Public Works and Highways contractor for government-
funded infrastructure projects, to hire thirty percent (30%) of skilled and fifty
percent (50%) of unskilled labor requirements from the areas where the project is
constructed/located; and]

[(g) Other programs/activities developed by DOLE to enhance provision of
employment assistance to PESO clients, particularly for special groups of
disadvantaged workers such as persons with disabilities (PWDs) and displaced
workers.]”

SEC. 3. Section 7 of the same law is hereby amended to read as follows:
“SECTION 7. Role of DOLE [,] and LGU|s, NGOs, CBOs and SUCs]
[Upon the request of the LGUs, NGOs, CBOs, SUCs which do not have existing
PESOs, the establishment, operation and maintenance of PESOs shall be
undertaken by the DOLE. The DOLE shall enter into memoranda of agreements
with the concerned LGUs, NGOs. CBOs, SUCs for the establishment, operation
and maintenance of PESOs in their respective areas of jurisdiction and the

2


institutionalization of existing PESOs.] THE DOLE AND THE LGUs SHALL
JOINTLY ESTABLISH THE PESO.

It shall be the responsibility of the DOLE to:

(a) PROVIDE TECHNICAL SUPERVISION, COORDINATION AND
CAPACITY-BUILDING TO THE PESO;

(b) Establish and maintain a computerized [national manpower] HUMAN
RESOUCE AND JOB registr[yJIES [of skills and employment and business
opportunities] to facilitate the provision and packaging of employment assistance
to PESO cliermts and the] TO set{ting-Jup [of] intra- and inter-regional job
clearance system as part of the overall employment service network;

[(b) Provide office space, equipment and/or supplies, as well as necessary
personnel complement to manage, operate and maintain the PESO;]

{(©) Designate in consultation with the LGU, NGO, CBO or SUC concemed, a
qualified [project manager and/or key personnel who shall be responsible fo the
operation and management of the PESO;}

({d]e) Provide technical assistance and allied support services to the PESO[;],
INCLUDING, BUT NOT LIMITED TO, TRAINING OF PESO PERSONNEL
IN THE VARIOUS ASPECTS OF EMPLOYMENT FACILITATION
FUNCTIONS;

({eJd) [Train PESO personnel in the various aspects of employment facilitation
functions] SET STANDARDS FOR THE ESTABLISHMENT AND
OPERATION OF THE PESO OFFICE, AND QUALIFICATION STANDARDS
FOR THE PESO PERSONNEL;

({fle) Extend {/facilitate such] other packageS of employment services {to the
provisions of employment assistance] to [clients of] the LGU, NGO, or SUC
concemed, including the conduct of job fairs, CAREER ADVISE, ETC.. {and
other activities); and

({h}f) [Undertake] Monitor, assess, and evaluate the PERFORMANCE OF THE
PESO NETWORK, INCLUDING THE JOB PLACEMENT OFFICES AT THE
SUC AND NGO [the PESO program implementation).

(For their part the LGUs, NGOs, CBOs or SUCs shall extend the following
assistance and services as may be necessary in the promotion of employment
within their respective areas of jurisdiction.] FOR THEIR PART, PERSONS
WHO ARE SEEKING EMPLOYMENT, PARTICULARLY THE
UNEMPLOYED, SHALL REGISTER AT THE PESO FOR EMPLOYMENT
FACILITATION ASSISTANCE. THE ESTABLISHMENTS, ON THE OTHER
HAND, SHALL SUBMIT THEIR JOB VACANCIES AS WELL AS
APPLICANTS HIRED TO THE PESO TO ENSURE THE AVAILABILITY OF
ACCURATE INFORMATION ON SUPPLY AND DEMAND FOR SKILLS IN
‘THE LABOR MARKET.

we


IT SHALL BE THE RESPONSIBILITY OF THE CONCERNED LGU
TO:

(A) OPERATE AND MAINTAIN THE PESO;

(B) ENSURE COMPLIANCE WITH THE OPERATIONAL STANDARD SET
BY THE DOLE;

(C) EXTEND SUCH ASSISTANCE AND SERVICES AS MAY BE
NECESSARY IN THE PROMOTION OF EMPLOYMENT WITHIN THE
AREA OF JURISDICTION: AND

(0) SUBMIT TO THE DOLE PERIODIC
PERFORMANCE/ACCOMPLISHMENT REPORTS.”

SEC. 4. Section 9 of the same law shall be amended to read as follows:

SECTION 9. Funding. [The amount necessary for the initial
implementation of this Act shall be charged against the existing appropriation of
the DOLE and its operating agencies. Thereafter, the amount needed for the full
implementation of this Act shall be included in the budget of the DOLE in the
succeeding General Appropriations Act.]

THE ANNUAL BUDGETARY REQUIREMENT OF ITS PESO SHALL,
BE INCLUDED IN THE ANNUAL BUDGETARY APPROPRATION OF THE
LGU. THE SUC AND NGO SHALL PROVIDE THE RESOURCES FOR THE
OPERATION OF THEIR JOB PLACEMENT OFFICES.

FUNDS FOR THE PROVISION OF TECHNICAL ASSISTANCE,
TRAINING AND SUPERVISION OF THE PESO SHALL BE INCLUDED IN
THE BUDGET OF THE DOLE IN THE GENERAL APPROPRIATIONS ACT.

SEC. 5. Implementing Rules and Regulations. - The Secretary of Labor and Employment shall
issue the necessary rules and regulations for the effective implementation of this Act within ninety (90)
days after its effectivity.

SEC. 6. Repealing Clause. - All laws, decrees, executive orders, proclamations, rules and
regulations or any part thereof, which are inconsistent with the provisions of this Act, are hereby
deemed repealed or modified accordingly.

SEC. 7. Separability Clause. - If for any reason, any section or provision of this Act or any part
thereof, or the application of such section, provision or portion is declared invalid or unconstitutional,
the remainder thereof shall not be affected by such declaration

SEC. 8. Effectivity. - This Act shall take effect after fifteen (15) days from the date of its
Publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,