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Republic of the Philippines RECEIVED

House of Representatives
Quezon City

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SEVENTEENTH CONGRESS | ey (dy

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First Regular Session

House Bill No., 288

Introduced by Hon. Michael Odylon L. Romero

EXPLANATORY NOTE

thas been said that one can find a Filipino in practically any part of the
world. The Commission on Filipinos Overseas reports that as of December
2009, there were 8,579,378 Filipinos overseas, more than half of which or
about 4,522,438 were temporary workers, While the United States remains
the top destination for permanent residency, the same data reports that one
Filipino is a permanent resident in the Falkland Islands, and also one in
Montenegro in Europe. And while Saudi Arabia remains to be traditional
destination for temporary workers, there were 15 Filipinos working in
Kyrgyzstan, and 41 Filipinos in the Isle of Man, a little known self-governing
dependency of the United Kingdom, which can be found in the Irish Sea
somewhere between Great Britain and Ireland, Even at a time when the
government bans the deployment of workers to certain countries like Iraq and
Afghanistan, the record shows that still, Filipinos went there to work. North
Korea, infamous for threatening the world with its nuclear power, was the
employment destination of 15 Filipinos in 2009.

Such is the Filipino diaspora that, especially in the last 30 years,
remittances from overseas Filipinos had steadily grown and consistently
bolstered the economy especially in times of economic crises. Preliminary
data from the Banko Sentral ng Pilipinas show that from January to December
2010, total remittances stood at US$18.763 billion or Php 846.398 billion,
which is 8.68 percent of our gross national product for the same year. These
remittances are pumped into the economy through the increased spending of
the families of the migrant workers. The absence of this spending would lead
to the contraction of the economy. Collorarily, if the overseas remittances


were ty 96 to the’ national coffers, this amount would have funded more than
half of the national budget which in 2010, was at PhP1.54 trillion.

‘The remittances for 2010 is 18.16 percent higher than the PhP17,348
billion remittance in 2009. It has been steadily increasing aver the years and
is expected to Increase even more. This is not surprising considering that,
according to the Philippine Overseas Employment Administration (POEA),
about 3,000 Filipinos leave daily for employment abroad.

Despite the significant contributions of our overseas Filipino workers:
over the years, there Is no single agency in the government which attends to
their needs. Recent events like the floods in Australia and the earthquake in
New Zealand, the uprisings in Egypt and in Libya, and the most recent, the
massive earthquake followed by the destructive tsunami in Japan, have
highlighted once again the need to enhance our capability in servicing migrant
Filipino workers. It is during emergencies, that our people are very vulnerable
due to the lack of manpower and resources to address their immediate
concerns.

In the case of Libya, while we commend the new Secretary of Foreign
Affairs for immediately responding to the needs of our OPWs as soon as he
was sworn into office, it cannot be denied that there was already a lag time
between the start of the crisis up to the time that we were able to repatriate
many of our OFWs in Libya. Before then, our OFWs were reported to have
complained that they hardly felt any government assistance in their run for
safety. In the tsunaml-damaged Japan, we could only heave a sigh of relief
‘that there is no Filipino casualty. But had the results been different, it would
have mounted even more pressure on our government.

It is about time therefore for government to realign its resources so
that we can be responsive to the needs of our OFWs. Let us create an agency
which can take full charge in their deployment or repatriation, when the need
arises. There should be one which will be made accountable to the OFWs and
their families.

If there is even just one Filipino who wants to leave any counby
because he does not feel safe there anymore, then it is the moral duty of the
government to bring him to safety. It is not enough that we call them our
“Bagong Bayani"; It is about time that we convert this label into action. Let us
create the Department of Overseas Workers, NOW!

MICHPEL ODYLON L. ROMERO


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‘Republic of the Philippines
‘HOUSE OF REPRESENTATIVES
: Quezon Cty

FIFTEENTH CONGRESS

FIRST REGULAR SESSION
House Bill No, 288

Introduced by Hon. Michael Odylon L. Romero

AN. ACT
‘CREATING THE DEPARTMENT OF OVERSEAS WORKERS, RATIONALIZING
‘THE ORGANIZATION AND FUNCTIONS OF GOVERNMENT AGENCIES
RELATED TO.
OVERSEAS EMPLOYMENT, AND FOR OTHER PURPOSES:

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

CHAPTER IT
GENERAL PROVISIONS

Section 1. Short Title. — This Act shall be known as the “Department of
Overseas Workers Act’.

Sec. 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


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whether in the country or overseas, in general, and Filipino migrant
workers, in particular, continuously monitor international coriventions,
adoptybe 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 labor, local and
overseas, organized and unorganized, and promote full employment
and equality of employment opportunities for all, Towards this end, the
State shall provide adequate and timely social, economic and legal
services to Filipino InGTaNE, wOTRENS:

(c) While recognizing the significant contribution of Filipino
migrant workers to the national economy through their foreign
exchange remittances, the State does noi 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 focal employment opportunities and promote the
equitable distribution of wealth and the benefits of development.

(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

qriteria in the formulation and implementation of policies and programs
affecting migrant workers and the composition of bodies tasked for the
welfare of migrant workers.


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(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 interest of distressed
overseas Filipinos, in general, and Filipino migrant workers in particular,
whether or not with the required documentation, are adequately
protected and safeguarded.

(Ff) 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 that the most effective tool for
empowerment is the possession of skills by fnigrant workers. The
government shall expand skills development and. enhancement
programs of the concemed agencies and shall facilitate access of
overseas Filipino workers to these programs through scholarships
and/or training subsidies/grants. Pursuant to this and as soon as
practicable, the government shall deploy and/or allow the deployment
only of skied Filipino workers.

(h) The State recognizes that non-governmental organizations,
trade unions, workers associations, and other similar duly accredited
entities, are 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.


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Sec. 3. Definition of Terms. — The following terms, as used In
this Act, shall mean: ,

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

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

¢) “Bonafide Non-Government Organizations (NGOs)” refers to
non-government or vii sodety or falth-based organizations duly
recognized by the Philippine Embassy as active partners of the
Philippine Government in the protection of Filipino migrant workers and
the promotion of their welfare; i

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d) “Contracted Workers” refers to Filipino workers with
employment contracts already approved by the Department for
overseas deployment;

e) “Direct Hires’ refers to workers directly hired by employers for
overseas employment as authorized. by the Secretary of Labor and
Employment and processed by the Department, including:

1. Those hired by international organizations;
2. Those hired members of the diplomatic corps; and

3. Name hires or workers who are able to secure overseas
employment opportunity with an employer without the
assistance or participation of any agency;

f} “Employment Contract” refers to the following:


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1, For land-based workers hired by private
recruitment/employment agencies - a written agreement
between the foreign principal/employer and the worker
based on the master employment contract approved by the
Department; and

2. For seafarers — a written standard Department-approved
employment contract stipulating a specific period of
employment and formulated through tripartite consultation,
individually adopted and agreed. upon by the
princlpalfemplover and the seafarer;

g) “Service Contractor” refers to any person, partnership or
corporation, as defined under the Corporation Code, duly licensed
as a private recruitment agency by the Secretary to recruit
workers for its accredited projects or contracts overseas;

h) “Gender Sensitivity” is the recognition of the inequalities and
inequities prevalent in society between women and men and a
commitment to address these concerns;

i) “Head” or “Manage” refers to any of the following acts:

4. Control and supervise the operations of a
recruitment/manning agency or branch thereof of which
they are employed; or

2. Exercise the authority to hire or fire employees and lay
down and execute management policies of a
recruitment/manning agency or branch thereof;


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j) “Joint and Several Liability” refers to the liability of the foreign
principal/employer and the recruitment/manning agency, for any
and ail claims arising out of the implementation of the
employment contract Involving Filipino workers for overseas
deployment. If the recruitment/manning agency is a juridical
entity, the corporate officers and directors and partners, as the
case may be, shall themselves be jointly and severally liable with
the corporation or partnership for the aforesaid claims and
damages;

k) “Urregular/Undocumented Filipino Migrant Workers" refers to
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the following:

(1) Those who acquired thelr passports through fraud or

misrepresentation;
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xy (2) Those who possess expired visas or permits to stay;
(3) Those who have no travel document whatsoever;
(4) Those who have valid but inappropriate visas; or

(5) Those whose employment contracts were not
processed by the Department or subsequently verified and
registered on-site by the Philippine Overseas Labor Offices
(POLOs), if required by law or regulation;

m) “License” refers to the document issued by the Secretary
authorizing a person, partnership or corporation to operate a
private recruitment/manning agency;

n) “Manning Agency” refers to any person, partnership or
corporation duly licensed by the Secretary to engage in the

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recruitment and placement of seafarers for ships plying
international waters and for related maritime activities;

0) “Non-licensee” refers to any person, partnership or corporation
engaged in the recruitment and placement of overseas Filipino
workers without a license, or whose license has been revoked,
cancelled, terminated, has expired or otherwise delisted from the
roll of licensed recruitment/manning agencies registered with the
Department;

Pp) “Overseas Filipinos” refers to migrant workers, other Filipino
nationals and their dapendents abroad;

q) “Overseas Filipino in Distress” refers to an Overseas Filipino
who has a medical, psycho-social or leaq assistance problem
requiring treatment, hospitalization, ¢ counseling, —_ legal
representation, or any other kind of intervention with the
authorities in the country where he or she is found;

1) “Overseas Filipino Worker” or “Migrant Worker” refers to a
person who is to be engaged, is engaged, or has been engaged
in a 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 goverment 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;


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s) “Placement Fees” refers to any and all amounts charged by a
private recruitment/manning agency from a worker for its
recruitment and placement services as prescribed by the
Secretary;

t) ‘Principal’ refers to a forelgn employer or placement agency
hiring or engaging Filipino workers for overseas employment
through a licensed private recruitment/manning agency;

u) “Private Recruitment/Employment Agency” refers to any
person, partnership or corporation duly licensed by the Secretary
to engage in the Yecruitment 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; i

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v) “Rehires” refers to land-based workers who tenewed their
employment contracts with the same principal;

w) “Regular/Documented Filipino Overseas Migrant 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
processed by the Department, or subsequently verified and
registered on-site by the POLO, if required by jaw or
regulation;


x) ‘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 fisherfolk, cruise ship personnel, and
those serving on mobile offshore and drilling units in the high

seas;

y) “Secretary” refers to the Secretary of the Department of

Overseas Workers;

2) “Skilled Filipino Workers” refers to those who have obtained an
academic degree, qualification, or experience, or those who are
in possession of an appropriate level of competence, training and
certification, for the job they are applying, as certified to by the
appropriate government agency; and 1

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aa) “Underaged Migrant Workers” refers to those who are below
18 years or below the minimum age requirement for overseas
employment as determined by the Secretary.

Sec. 4. Department of Overseas Workers. - To implement the above
declared policies, there is hereby created the Department of Overseas
Workers, hereinafter referred to as the Department, which shall prepare,
integrate, coordinate, supervise, and control all plans, programs, projects, and
activities of the Government relative to overseas employment.

Sec. 5. Powers and Functions. - The Department shall be the lead
goverment agency responsible for the formulation and implementation of
policies and programs for the overseas employment of Filipino workers. In
coordination with appropriate entities, it shall formulate and undertake a
systematic program for promoting and monitoring the overseas employment


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of Filipino workers, including seafarers, taking into consideration domestic
manpower requirements and the need to protect their rights to fair and
equitable employment practices. It shall have original and exclusive
jurisdiction over all cases involving employer-employee relations, documented
or undocumented/irregular workers, arising out of or by virtue of any law or
contract involving Filipino workers for overseas employment.

CHAPTER II
THE DEPARTMENT PROPER
a
Sec. 6. Composition. ~ The Department Proper shall be composed of

the Office of the Secretary and the Offices of the Undersecretaries and
Assistant Secretaries, and divisions of the Departrifent. The Secretary,
Undersecretaries, and Assistant Secretaries shall bé appointed by the
President. ,

Sec. 7. Office of the Secretary. - The Office of the Secretary shall
consist of the Secretary and his immediate staff.

The Secretary shall have the following powers and functions:

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

(2) Promulgate rules and regulations necessary to carry out department
* objectives, policies, functions, plans, programs and projects;

(3) Promulgate administrative issuances necessary for the efficient
administration of the offices under the Secretary and for proper
execution of the laws relative thereto. These issuances shall not

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prescribe penalties for their violation, except when expressly authorized
by law;

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

(5) Appoint all officers and employees of the Department except those
whose appointments are vested in the President or in some other
appointing authority; Provided however, That where the Department is
regionalized on a department-wkde basis, the Secretary shalt appoint
employees to positions Inthe: second level in the regional offices as
defined in the Administrative Code of 1987;

(6) Exercise jurisdiction over all 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;

(7) Delegate authority to officers and employees under the Secretary's
direction in accordance with this Act; and

(8) Perform such other functions as may be provided by law.

Sec. 8. The Undersecretaries. - The Secretary shall be assisted by four

(4) Undersecretaries, one each for the International Labor Affairs Office, the
Funds “and Investment Management Office, the Licensing and Regulation
Office, and for the Employment and Welfare Office.

A ‘The general functions of the Undersecretaries are as follows:


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i)

2)

4)

5)

6)

Advise and assist the Secretary in the formulation and
implementation of department objectives and policies;
Oversee all the operational activities of the department for
which he shalt be responsible to the Secretary;

Coordinate the programs and projects of the department
and be responsible for its economical, efficient and
effective administration;

Serve as deputy to the Secretary in all matters relating to
the operations of the department;

Temporarily discharge the duties of the Secretary in the
latter's absence or inability to discharge his duties for any
cause, or in case of vacancy of the said office, unless
otherwise provided by law. Where there are more than
one undersecretary, the Secretary shall allocate the
foregoing powers and dutles among them. The President
shall likewise make the temporary designation of Acting
Secretary from among them; and

Perform such other functions and duties as may be
provided by law.

B. Specific Functions

1. Undersecretary for Intemational Labor Affairs Office shall
advise the Secretary on the various international labor agreements to

which the government is a party and monitor our compliance therewith.

He/she shail exercise technical supervision over the POLOs, ensuring

* that programs and projects of the labor offices in the different parts of

the globe are consistent with intemational labor and department
policies. Moreover, where there are a number of OFW- and labor-

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related concerns, Filipino Workers Resource Centers (FWRCs) shall be
established and the operations of which shall be supervised by POLOs.

The International Labor Affairs Office shall have the following
divisions: Asian Affairs Division, American and Pacific Affairs Division,
European Affairs Division, and the Middle Eastern and African Affairs

Division.

2. Undersecretary for Funds and Investment Management Office
shall provide the services for the efficient and effective management of
the Overseas Workers Trust Fund created in Section 12, including the
maintenance of computergased financial data management system
pertaining to collection, fund transfer, investment and assets
management. It shall consolidate all Department collections and
contributions, and ensure an efficient collection ahd reparting system.
The Undersecretary shall head the Board which is ‘created in Section 13
and shall also be tasked to formulate a medium and annual term
investment plan for the Trust Fund, for approval of the Board.

3. Undersecretary for Licensing and Regulation shall have the
following powers and function:

a. Process applications for license or authority to operate
recruitment or manning entities, and recommend to the

Secretary appropriate action thereon;
b. Recommend to the Secretary appropriate actions for violations

of the conditions of license or authority including the
suspension or cancellation or revocation thereof;

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g.

. Monitor the status of cash and surety bonds and require the

replenishment or renewal thereof;

|. Maintain an updated {ist of licensed or authorized employment

agencies for the guidance of the public;

. Prepare and implement an inspection program for the

effective supervision and evaluation of the activities of private

employment or manning agencies;

. Prepare and implement an inspection program for the

eradication of illegal recruitment activities and provide support
services to the inter-agency council on illegal recruitment in its
campaign against illegal recruitment; q

Prepare and implement programs for the ‘evaluation of
employment agencies and manning companies in pursuance of
the regulatory functions of the office and in aid of policy
formulation;

. Formulate and implement programs for standardization of

allowable fees to be charged by private employment entities,
medical clinics and testing centers;

Review and evaluate requirements for issuance of license and
authorities;


4 j. Review and evaluate service or employment and shipping

2 agencies, specifying therein the minimum terms and
3 conditions of employment of overseas Filipino workers;

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5 k. Formulate and implement programs for the effective
6 monitoring of foreign exchange remittances of overseas
7 contract workers.

B

9 4, Undersecretary for Employment and Welfare shall implement
10 and deliver programs and services through regional and on-site
tt operations. It shall supervige the operations of the following:

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13 a, Regional Operations Coordination Service — Supervises and
14 provides technical and adiiiatatig HUPpSEt to Regional
15 Welfare Offices (RWOs), .

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v7 1. Regional Welfare Offices (RWOs)

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19 a, Administrative and Finance Unit -— provides
20 administrative support services to the RWO and
2u maintains a sound and adequate regional branch
22 accounting system.

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24 . b. Program Services Division - administers and
25 implements efficient delivery of programs and services
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23 2, Overseas Operations Coordination Services — Supervises
29 and provides administrative and technical support to Overseas

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Welfare Offices (OWO). It shall provide technical assistance to
the Overseas Office Operations.

a. Overseas Welfare Office - Implements programs and
services to member-OFWs.

Sec. 9, Assistant Secretaries. - The Secretary shall also be assisted by
three (3) Assistant Secretarles, one (1) for Management Services, one (1) for
Policy and International Affairs, one (1) for Regional Operations and

Licensing.

‘Se x

A. The general functions of the Assistant Secretaries are as follows:

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. Advise and assist the Secretary and/or Udersecretaries in the

formulation, determination and implementation of laws, policies,
plans, programs and projects on overseas labor and employment;

. Oversee the day-to-day administration of the constituent units of

the Department;

Perform the duties of the Undersecretaries during their absence
or in case of vacancy of such position in the Department upon
designation by the Secretary; and

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

assigned by the Secretary and/or Undersecretaries from time to
time.

B. Specific Functions

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1. Assistant Secretary for Management Services shall have the

following functions:

a. Advises and assists the Secretary and the
Undersecretaries in the formulation and implementation
of the Department's policies, plans, progress and
projects as they relate to general management,
information and publication, personnel, finance and
other support services under the Department Proper.

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b, Supervises the operational activities of the following

offices:
1, Administrative Service } .
2. Financial and Management Service ,
3. Human Resource Development Service
4. Information and publication Service

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

. 2. Assistant Secretary for Policy and Internationa Affairs shall
have the following functions:

a. Advises and assists the Secretary and the
Undersecretaries in the formulation of the Department's

over-all long-range and short-term plans and programs

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on overseas employment, with special focus on the
government's compliance with international labor

agreements;

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

c. Supervises the operational activities of the Intemational
Labor Affairs Service and Planning Service; and
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d. Perform such other functions as may be provided by law
or assigned by the Secretary and/or Undersecretaries
from time to time. t

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3. Assistant Secretary for Regional Operations shall have the
following functions;

a. Advises and assists the Secretary and the
Undersecretaries in the formulation and implementation
of the Department’s objectives and policies at the
regional level;

b. Supervises the administration and operations of the
regional offices;

c. Promotes coordination of efforts between and among
the regional offices and the regional branches of

attached agencies to insure efficient, effective and

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economical implementation of the Department's policies,
plans, programs and projects at the regional level;

d. Monitors and assesses developments in the regions with
a View to providing the divisions and other offices In the
Department, necessary information for policy and
program formulation and implementation;

e. Advises and assists the Secretary and the
Undersecretaries in the resolution of appealed labor
standards\cases; and

f. Performs such other functions as may be provided by
law or assigned by th Secretary and/or
Undersecretaries from time to tiie.

Sec. 10. Office of the Legal Adviser. - The Office of the Legal Adviser
shall be headed by a Legal Adviser, who shall be a career officer and shalt be
reporting directly to the Secretary. However, the Legal Adviser may be
appointed by the President upon the recommendation of the Secretary, from
outside the career service. His term shall be co-terminus with the tenure of
the Secretary, unless sooner terminated. The Legal Adviser shalt provide legal
advise and services to the Department.

Tt shail provide legal service for the Department's internal and external
requirements, including but not limited to, the drafting of legislative proposal
and provision of opinion on bills, and rules and regulations affecting the
Departments and its operations.

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The Office of the Legal Adviser shall have a staff complement of
personne! with the necessary competency and skills requirement.

Sec, 11. Offices and Divisions. — Subject to the power of the Secretary
with the approval of the President, to reorganize, restructure, and redefine
the functions of the offlces and divisions for the effective discharge of the
powers and functions of the Department under this Act, the Department shall
have the following offices and divisions:

The divisions and offices shall have the following powers and function:
“

A. Internal Audit Divisiory - Reviews and evaluates the soundness,
adequacy and application of accounting, financial and other
management procedures and promotes an oftectife control system at
reasonable costs.

B, Membership Processing Center - Provides and implements
policy guidelines on membership and contribution of OFWs.

C. Procurement and Property Management - Manages the
Procurement, storage and issuance of supplies, materials and
equipments as well as the disposal of obsolete and excess materials and
supplies.

D. Human Resources Management and Development Division —
“Manages and administers a comprehensive personnel program
pertaining to recruitment, placement, career and employee
development, and other personnel services and actions.

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E. Engineering and General Services Division - Formulates and
implements a building and equipment maintenance program.

F. Records Management Division - Develops and maintains a
system of retrieval, maintenance, safekeeping, authentication and
disposal of documents and records.

G. Budget Division —- Manages the budgetary system and
monitors fund utilization and provides annual budget guidelines.

H, Accounting Divisian —. Implements systems and procedures for
appropriate accounting: and financial transactions including «the
management of sub-systems in the regional and overseas operating
units, It shall ensure compliance with New Gdyernment Accounting
System (NGAS). t .

I, Cash Division - Implements systems and procedures on
collection and disbursement.

J. Repatriation and Assistance Division — Facilitates family
inquiries regarding cases and circumstances of their OFW-relatives,
documented or irregular/undocumented Filipino overseas workers. It
shall maintain a case management and documentation system, and
manage the repatriation program to include airport assistance and
provision of counseling services, medical and rehabilitation assistance to
OFWs.

K. Program Services Divisions ~ Administers and implements
efficient delivery of programs and services for the OFWs in the region.

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L. Advocacy and Social Marketing Division - Establishes and
maintains public information counters, website and hotlines. It shall
cause the mounting of membership campaigns and development of
Information materials, press releases and mass media packages
designed to manage public perception of the Department.

M. Grievance and Adjudication Division shall have the following
powers and function:

1. Provides legal assistance to OFWs;

. Provides mandatory conciliation of complaints;

. Performs legal research and docketing of cases;

. Hears and arbitrates complaints and pses filed against
recruitment and manning agencles, foreign principals and
employers through their agents, and OFWs for reported
violation of Department Rules and Regulation; and

5. Enforce all writs,

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N. National Reintegration Center for OFWs Division ~ The NRCO
shall undertake the following:

1. 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;

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. 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 Fillpino 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; .

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. Provide a periodic study and assessment of job

opportunities for returning Filipino overseas migrant
worker; ‘]

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. Develop and implement other appropriate programs to

promote the welfare of returning Filipino overseas migrant
workers;

. Maintain an internet-based communication system for on-

line registration of retuming OFWs and interaction with
clients, and maintain and upgrade computer-based service
capabilities of the NRCO;

. Develop capacity-building programs for returning overseas

Filipino workers and their families, implementers, service
providers and stakeholders;

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8. Conduct research for policy recommendations and program
development; and

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

©. Pre-Departure Division shall have the following powers and
function:

1. Maintains a manpower registry of applicants for overseas
and seafaring employment.

. Accredits foreign employers and principals.

Processes and documents employment contracts,

. Assists and validates documents at exit points.

. Undertakes global mapping and profiling of OFWs.

. Client servicing for government employers hiting through
government to goverment arrangements.

7. Issues Seafarers Identification Document.

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P. Internationa! Relations Division — shall have the following
powers and functions:

1. Develops and monitors new markets and conducts market
research; and

2. Enters into a Memoranda of Understanding on the hiring of
Filipino workers with labor-receiving countries.

Q. Crisis Management Center - shall provide an under the Office
of the Secretary, shall operate on a 24-hour basis including Saturdays,

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Sundays, and holidays, A counterpart 24-hour Information and
Assistance Center to ensure a continuous network and coordinative
mechanism shail be established at the DFA and the DOLE/Department.

T. Administrative and Financial Management Office — Supervises
administrative and support services. It shall manage all financial
transactions and concerns of the Secretariat; formulate, review and
implement administrative and financial systems and procedures.

1. General Administrative Service - Manages the
administrative systems and procedures relating to human
resource, property, procurement and maintenance, records
management and general services.

2. Financlal Management Service — Formulates, reviews and
implements systems and procedures on budget, accounting
and cashiering.

CHAPTER IIT
THE OVERSEAS WORKERS TRUST FUND

Sec. 12. Overseas Workers Trust Fund. — There is hereby created an
Overseas Workers Trust Fund, hereinafter referred to as the Trust Fund which
shall be lodged in the Department. All fees and charges paid by an overseas
worket pursuant to an approved overseas employment contract shall accrue
to the Trust Fund.

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The existing overseas fund lodged in the OWWA shall be transferred to
the Trust Fund herein created.

Sec. 13. Overseas Workers Trust Fund Board. — In order to manage and
administer the Trust Fund, an Overseas Workers Trust Fund Board is hereby
created. The Board shall be composed of the Undersecretary for Funds and
Investment Management who shall be designated as the Chairperson, and six
members to be appointed by the President of the Philippines upon the
recommendation of the Secretary. Four members shalt have distinguished
themsetves in the fleld of finance, economics, law, or related disciplines either
in public or private capacity for atjeast 10 years; Provided, That, at least two
of the four shall be certified public accountants. The fifth and sixth members
shall come from the overseas workers sector and shall be nominated by duly
accredited OFW organizations; Provided, That, the nomifiees shail have been
an overseas worker for at least three years. At least two members of the
Board shalt be female. ;

CHAPTER IV
TRANSITORY PROVISIONS

Sec. 14. Transfer of Powers and Functions. - The powers and functions
of the OWWA and POEA and pertinent offices under the Department of Labor
and Employment (DOLE) and Department of Foreign Affairs (DFA) are hereby
transferred to the Department. The foregoing transfer of powers and
functions shall include all applicable funds, personnel, records, property and
equipment, as may be necessary. The same shall apply to agencies which
have been attached to the Department by virtue of this Act.

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Sec. 15. Transfer of Rights, Assets, and Liabilities, - The Department.
shall, by virtue of this Act, be subrogated to all rights and assume all the
liabilities of OWWA and POEA and all other agencles or government units
whose functions and powers have been transferred to the Department. All
funds, including unexpended appropriations and/or. allocations, records,
property, assets, and such personnel as necessary, shall likewise be
transferred to the Department. All contracts and liabilities of said offices,
agencies, and goverment units are hereby transferred to and assumed by
the Department and shall be acted upon In accordance with the Auditing Code
and other pertinent laws, rules, and regulations; Provided, That the officers
and employees of said offices, agencies, and government units shall continue
in'a holdover capacity until such time’as the new offices and employees of the
Department shall have been duly appointed pursuant to the provisions of this

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Sec. 16. Structure and Staffing Patter. — The organizational framework
and staffing pattern of the Department shall be prescribed and approved by
the Secretary within sixty (60) days after the approval of this Act and
authorized positions created therein shall be filled by regular appointments by
the President or the Secretary, as the case may be: Provided, that, in the
filing of positions created, preference shall be given to the personnel of the
affected agencies.

Sec. 17. Separation From Service. — Employees separated from the
service as a result of this reorganization shall, within six (6) months from their
separation from the service, receive the retirement benefits to which they may
be entitled under existing laws, rules, and regulations.

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CHAPTER V
APPROPRIATION

Sec. 18. Appropriations. - Such sums as may be necessary for the
implementation of this Act shall be taken from the current fiscal year
appropriations of the OWWA and POEA and pertinent offices of the DOLE and
DFA. Thereafter the amount needed for the operation and maintenance of the
Department shall be included in the annual General Appropriations Act.

CHAPTER VI
MISCELLANEOUS PROVISIONS

Sec. 19, Disclosure and Divestment of Financial Interest. — Before
assumption of office, the Secretary, the Undersecretarfes, and the Assistant
Secretaries shall submit to the Civil Service Commission a list of all companies,
partnership, or business enterprises, including nonprofit organizations, in
which he/she, or any immediate member of their families within the second
degree of consanguinity or affinity have any form of financial interests or
employment relationship, including consultancy: Provided, however, That alt
other forms of employment relationship held by the heads of the offices of the
Department shail be immediately terminated upon assumption of office.

Within thirty (30) days thereafter, complete divestments of financial
interests in any institution, firm, or company which fall under the supervisory
or regulatory jurisdiction of the Department shall be made: Provided,
however, That in cases where confirmation of appointment by the
Commission on Appointments is required, the divestment mandated herein
shall be complled with within thirty (30) days after such confirmation.

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The divestment prescribed in the preceding paragraph shall likewise
apply to the member of the immediate family within the second degree of
consanguinity having interest in any institution or activity which falls under
the regulatory jurisdiction or supervision of the Department and its attached

agencies.

Sec. 20. Suppletory Clause. — The Labor Code of the Philippines, as
amended, shall have suppletory applicability.

Sec. 21, Repealing Clause. - All laws, presidential decrees, executive
orders, and rules and regulationg, or parts thereof, Inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

Sec. 22. Separability Clause. — If, for any redgon, any section or
provision of this Act is held unconstitutional or invalid, the other sections or

provisions hereof shall not be affected thereby.

Sec. 23. Effectivity Clause. - This Act shall take effect after its complete
publication in at least two (2) national newspapers of general circulation.

Approved,

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