Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS.
First Regular Session

3663

House Bill No.

INTRODUCED BY HONORABLE LIANDA B. BOLILIA

EXPLANATORY NOTE

The Philippine economy is in a sound position today in part because of the steady
growth and size of remittances of Overseas Filipino Workers (OFWs) to the country. In
2017, the personal remittances of OFWs accounted for 10 percent of GDP. The billions of
dollars they are sending back home have huge impact on the country’s net dollar receipts
and macro-fundamentals. It is why they are called “bagong bayani” (new heroes).

But not all of the unsung heroes have stories of success to tell - many of them have
faced and are facing misfortunes akin to a Greek tragedy. They have to endure trafficking,
illegal recruitment, abusive working and living conditions, contract violations,
exploitation, discrimination, and social exclusion. Some have been totally deprived of
liberty and are being treated like slaves. Some have met their end at the hands of their
employers. Back home, their marriages are irretrievably breaking down, and children are
left to fend for themselves. Returning OFWs struggle to reintegrate, facing unemployment
prospects.

‘There are several governmental agencies tasked to address the needs of some 10
million OFWs. But these entities are under different departments and have overlapping
and redundant functions. The lack of coordination becomes problematic as multiple
agencies have the same jurisdiction.

The creation of the Department of Overseas Filipino Workers is long overdue. It
will harmonize, streamline, and reengineer all national policies and agencies to better
serve and protect our OFWs. No less than President Rodrigo te himself pushed for
the creation of such department in his latest State of the NatiopAddress.

In view of the foregoing, the immediate enactmenf and approval of this bill is
earnestly sought.

LIANDA B.
Representative
4th District, Batangas

ILIA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

3663
House Bill No.

INTRODUCED BY HONORABLE LIANDA B. BOLILIA

AN ACT
CREATING THE DEPARTMENT OF OVERSEAS FILIPINO WORKERS,
DEFINING ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDS
‘THEREFOR, AND FOR OTHER PURPOSES

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

SECTION. 1. Title. - This Act shall be known as the “Department of Overseas
Filipino Workers Act.”

SEC. 2. Declaration of Policy. - It shall be the policy of the State to ensure the
protection of the rights of our overseas Filipino workers and the promotion of their
welfare and safety. The State shall effect vital changes in governmental bodies that
promote, manage, and protect the overseas Filipino workers for rationalization and
promotion of efficient and effective delivery of services to our OFWs.

SEC. 3. Creation and Mandates. - A Department of Overseas Filipino Workers
(OFWs), hereinafter referred to as the Department, is hereby created to serve as the
primary agency under the Executive Branch tasked to formulate, plan, coordinate,
promote, administer and implement policies, including, but not limited to, the
national development agenda for OFWs. It shall render an annual report of its
activities and achievements to the President and to Congress.

SEC. 4. Powers and Functions. - To carry out its mandates, the Department shall
exercise the following powers and functions:

(a) Formulate, recommend, and implement national policies, plans, programs,
and guidelines that will ensure the protection of OFWs and address the
problems that they encounter abroad in consultation with all relevant
stakeholders;

(b) Assess, review, harmonize, and coordinate OFW-related policies and
procedures, and international agreements;

(©) Improve cooperation and coordination with OFW host countries and
monitor labor developments in these jurisdictions to ensure that the terms

1


and conditions of work afforded to OFWs are in accordance with
applicable and appropriate local, on-site, and international standards;

(d) Employ a proactive approach in providing assistance to OFWs in times of
war, civil unrest, or other analogous circumstances, whether potential or
actual;

(e) Encourage and enhance information and resource-sharing, develop an
electronic database to improve services for OFWs and linkages among
government agencies, consistent with national and OFW-focused
objectives;

(f) 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;

(g) 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;

(h) Assist and provide timely assistance to OFW in distress and, for this
purpose, tap the services of local and foreign-based personnel, lawyers,
labor experts, security providers, and other professionals;

(i) Represent Philippine interests and negotiate on matters pertaining to
migrant workers in international bodies, in coordination with the DFA and
DOLE;

() Conduct research and studies, and submit policy recommendations on
migration and development to the President and to Congress;

(k) Promulgate rules and regulations for the implementation of pertinent laws
and related polices;

() Administer, accept, hold, and utilize property, both personal and real,
subject to limitations set by existing laws, in pursuit of the mandates of the
Department stated herein;

(m) 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 are hereby transferred to the Department; and

(n) Perform such other functions as many be necessary to achieve the
objectives provided for by this Act.

SEC. 5. Composition. - The Department shall be headed by a Secretary. The
Department proper shall be composed of the Office of the Secretary and the Offices
of the Undersecretaries and the Assistant Secretaries.

SEC. 6. Secretary of the Department of Overseas Filipino Workers. - 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 economical
operation of the Department, in accordance with the programs of
government;

(©) Review and approve requests 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 regional and
assistant regional directors, in accordance with the civil service laws, rules,
and regulations;

(©) Exercise disciplinary powers over officers and employees of the
Department in accordance with law, including their investigation and the
designation of a committee or officer to conduct such investigation;

() Coordinate with other agencies and public and private interest groups,
including non-government organizations and people’s organizations, on
Department policies and initiatives;

(g) Prepare and submit to the President through the Department of Budget
and Management (DBM) an estimate of the necessary expenditures of the
Department during the next fiscal year, on the basis of the reports and
estimates submitted by bureaus and offices under the Department;

(h) Advise the President on the promulgation of executive and administrative
orders and formulation of necessary regulatory and legislative proposals
on matters pertaining to OFWs;

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

() Perform such other tasks as may be provided by law or assigned by the
President.

SEC. 7. 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 two (2) of the undersecretaries shall
be career officers coming from the ranks of existing government labor agencies.

SEC. 8. Assistant Secretaries. - The Secretary shall be assisted by five (5) assistant
secretaries who shall be appointed by the President upon the recommendation of the
Secretary: Provided that three (3) of the assistant secretaries shall be career officers
coming from the ranks of existing government labor agencies.

SEC. 9. 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 at least six (6)
years of competence and expertise in labor law or migrant workers affairs.

SEC. 10. Regional Offices. - The Department shall establish, operate, and maintain a
regional office in all the administrative regions of the country, and such lower level
offices as may be deemed necessary. Each regional office shall be headed by a
Regional Director, who may be assisted by one (1) Assistant Regional Director. The

3


1
2
3
4
5
6
7
8
9

10
coe
12
13
14
15
16
17
18
19
20
21
22
23

Regional Director and Assistant Regional Director shall be appointed by the
President. The regional offices shall have, within their respective administrative
jurisdictions, the following functions:
(a) Implement laws, policies, plans, programs, and projects, and enforce
compliance with rules and regulations of the Department;
(b) Provide timely, affordable, efficient, and effective services to the people in
line with Department policies and programs;
(©) Coordinate with regional offices of other departments, offices, and
agencies;
(d) Coordinate with the local government units (LGUs); and
(c) Perform such other necessary functions as may be provided by law or
assigned by the Secretary.

SEC. 11. Transfer of Agencies, Bureaus, and Offices. - The following agencies and
their functions are hereby specifically transferred to the Department:
(a) Office of the Legal Assistant for Migrant Workers Affairs (Department of
Foreign Affairs);
(b) Office for the Overseas Filipino Workers Affairs (Department of Foreign
Affairs);
(c) Commission on Filipino Overseas (Office of the President);
(d) All Philippine Overseas Labor Offices (Department of Labor and
Employment);
(e) The National Reintegration Center for OFWs (Department of Labor and
Employment);
(Q The International Labor Affairs Bureau (Department of Labor and
Employment);
(g) The Philippine Overseas Employment Administration (POEA);
(h) Overseas Workers Welfare Administration (OWWA).

SEC. 13. 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: Provided, That the recruitment in the ranks
of labor attachés shall be exclusively through open competitive examinations to
determine the competence, fitness and aptitude of candidates.

SEC. 14. Separation 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. 15. Special Assistance to Nationals Fund. - The Legal Assistance Funds
provided for under Section 25 of R.A. No. 8042, as amended, is abolished. In its stead,
a Special Assistance to Nationals Fund (SATNAF) for OFWs in distress, in the
amount of Three Billion Pesos (Php3,000,000,000.00), is hereby created, to be
administered and maintained by the Department. The fund shall be utilized for the
following purposes:

(@) Repatriation;

(b) Medical and hospitalization expenses;

4


(©) Legal retainers and lawyers’ fees and other legal fees and costs;

(d) Payment of blood money, when necessary;

(c) Other needs of OFWs caught in emergencies or are detained; and

(Livelihood training program or re-training of returning OFWs in new
skills and literacy.

SEC. 16, Implementing Rules and Regulations. - Within sixty (60) days from the
effectivity of this Act, 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.

SEC. 17. Appropriations. - The appropriation allotted for the Office of the Legal
Assistant for Migrant Workers Affairs, Office for the Overseas Filipino Workers
Affairs, Commission on Filipino Overseas, all Philippine Overseas Labor Offices, the
National Reintegration Center for OFWs, the International Labor Affairs Bureau, the
Philippine Overseas Employment Administration, and the Overseas Workers
Welfare Administration shall be transferred to the Department of Overseas Filipino
Workers: 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 to the Department of Overseas Filipino Workers. Thereafter, the amount
needed for the operation and maintenance of the Department shall be included in
the General Appropriations Act.

SEC. 18.Separability Clause.- Should any provision herein be declared
unconstitutional, the same shall not affect the validity of the other provisions of this
Act.

SEC. 19. Repealing Clause. - All laws, decrees, orders, rules, and regulations or other
issuances or parts inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

SEC. 20. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of general circulation.

Approved,