SEVENTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES _ )
First Regular Section )

HOUSE OF REPRESENTATIVES
House Bill No. 96.19

Introduced by Representative Victor A. Yap

EXPLANATORY NOTE

Each and every Filipino youth languishing in the streets is a lost opportunity cost to the
country. Our goal has always been to send every child to school. However, we recognize certain
realities that beset the Philippine society. Foremost of which is the lack of resources of our less

fortunate citizens to send their children to school.

According to the 2013 Functional Literacy, Education and Mass Media Survey
(FLEMMS), there are around 36 million Filipinos aged 6 to 24 years. One in every ten ot about 4
million Filipino children and youth was out of school in 2013. The 2013 FLEMMS results also
showed that of the nearly 4 million out-of-school children and youth, 22.9 percent have entered
union or marriage, 19.2 percent cited insufficient family income and 19.1 lacks the interest in

attending school.

While we continue our campaign to give every Filipino an opportunity to go to school,
we must ensure that those that are not able to are being treated fairly. The tragedy of out-of-
school youth is that not only are they one of the most vulnerable sector in the society, they are
also one of the most discriminated against. It is high time that we stop this trend. As
representatives of the People, we are needed now more than ever by our children and youth to

have their rights protected.


This bill therefore seeks to provide for a Magna Carta of the out-of-school youth that will
protect their rights. This act shall mandate an affirmative action program by the government to

ensure the welfare of the out-of-school youth and enhance their quality of life.
This bill is a counterpart of Senate Bill No. 1000 filed by Senator Win Gatchalian.

In the interest of social justice and equity, support for the passage and approval of this

legislation is earnestly sought.

Representafive, Second District, Tarlac


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SEVENTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES _ )
First Regular Section )

HOUSE OF REPRESENTATIVES

5619

House Bill No.

Introduced by Representative Vietor A. Yap

AN ACT
PROVIDING FOR THE MAGNA CARTA OF THE OUT-OF-SCHOOL YOUTH

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

assembled:
CHAPTERI
GENERAL PROVISIONS
SECTION 1.Short Title. — This Act shall be known as the “Magna Carta of the Out-of-

SchoolYouth."

SEC. 2. Declaration of Policies.-It is hereby declared that the State values the dignity of every
human person and guarantees full respect for human rights. The State therefore recognizes the right of
out-of-school youth to social protection and development. Towards this end, the State shall promulgate

‘measures to achieve the following objectives:
) __ Inspire and encourage the out-of-school youth to contribute to nation building;
b) Recognize the rights of out-of-school youth in the society;

©) Provide an Alternative Learning System and a program for technical/vocational education

for the out-of-school youth;

4) Give full support to the improvement of the total well-being of the out-of-school youth by

providing educational development and employment opportunities; and

©) Recognize the important role of the private sector in the improvement of the welfare of

out-of-school youth and to actively seek their partnership.

CHAPTER IL
DEFINITION OF TERMS


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SEC 3.Definitions. ~ As used in this Act:

a) Alternative Learning System refers to a parallel learning system in the Philippines that
provides a practical option to the existing formal instruction. It includes both the non-formal and

informal sources of knowledge and skills;

b) — Ou-of-School Youth refers to family members 6 to 17 years old who are not attending
formal school and family members 18 to 24 years old who are currently out of school, not

gainfully employed, and have not finished college or a post-secondary course;

©) Social Protectionrefers to policies and programs that seek to reduce poverty and
vulnerability to risks and enhance the social status and rights of all out-of-schoolyouth by
promoting and protecting livelihood and employment, protecting against hazards and sudden loss
of income, and improving people's capacity to manage risk. Its components are labor market
programs, social insurance, social welfare, and social safety nets;

4) Substantive Equalityrefers to the full and equal enjoyment of rights and freedoms
contemplated under this Act and encompasses de jure and de facto equality and also equality in

outcomes;

©) Technical/Vocational Educationrefers to training for a specific occupation in agriculture,
trade, or industry through a combination of theoretical teaching and practical experience provided
by many high schools in their commercial and technical divisions, and by special institutions of

collegiate standing; and

) _ TESDA Graduate refers to out-of-school youth who completed a technical/vocational
course with the Technical Education and Skills Development Authority (TESDA).

CHAPTER III
DUTIES RELATED TO THE HUMAN RIGHTS OF OUT-OF-SCHOOL-YOUTH
SEC. 4. The State as the Primary Duty-Bearer. ~ The State, as the primary duty-bearer, shall:
a) __ Refrain from discriminating against out-of-school youth and violating their rights;

b) Protect the out-of-school youth against discrimination and from violation of their rights by

private corporations, entities, and individuals; and

©) Promote and fulfill the rights of out-of-school youth in all spheres, including their rights

to substantive equality and non-discrimination.

The State shall fulfill these duties through law, policy, regulatory instruments, administrative

guidelines, and other appropriate measures, including temporary special measures,


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The State shall keep abreast with and be guided by progressive developments in human rights of
out-of-school youth under international law and design of policies, laws, and other measures to promote
the objectives of this Act,

SEC. 5. Duties of the State Agencies and Instrumentalities. — The duties of the State as stated in
Section 4 of this Act shall extend to all state agencies, offices, and instrumentalities at all levels and
government-owned and -controlled corporations, subject to the Constitution and pertinent laws, policies,
or administrative guidelines that define specific duties of state agencies and entities concerned.

CHAPTER IV
RIGHTS AND EMPOWERMENT

SEC. 6. Human Rights of Out-of-School Youth, ~ All rights in the Constitution and those rights
recognized under international instruments duly signed and ratified by the Philippines, in consonance with
Philippine law, shall be rights of out-of-school youth under this Act to be enjoyed without discrimination.

SEC. 7. Protection from Violence. ~ The State shall ensure that all out-of-school youth shall be
protected from all forms of violence, particularly cases of physical abuse, sexual exploitation, and human
trafficking, as provided for in existing laws. Agencies of government shall give priority to the defense and

protection of out-of-school youth and help them to attain justice and healing.

SEC 8. Equal Treatment Beforethe Law.— The State shall take steps to review and, when

necessary, amend, or repeal existing laws that are discriminatory to out-of-school youth.

SEC 9. Non-discriminatory and Non-derogatory Portrayal of Out-of-School Youth in Media
and Film, — The State shall formulate policies and programs for the advancement of out-of-school youth,

in collaboration with government and nongovernment media-related organizations.

For this purpose, the State shall ensure allocation of space, airtime, and resources, strengthen
programming, production, and image-making that appropriately present out-of-school youth's needs,

issues, and concerns in all forms of media, communication, information dissemination, and advertising.

SEC. 10. Recognition and Preservation of Cultural Identity and Integrity. — The State shall
recognize and respect the rights of Moro and indigenous out-of-school youth to practice, promote, protect,

and preserve their own culture, traditions, and institutions and to consider these rights in the formulation

and implementation of national policies and programs.

To this end, the State shall adopt measures in consultation with the sectors concerned to protect
their rights, their indigenous knowledge systems and practices, traditional livelihood, and other
manifestations of their cultures and ways of life: Provided, That these cultural systems and practices are

not discriminatory to the out-of-school youth.

CHAPTER V
GOVERNMENT ASSISTANCE AND SUPPORT


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SEC. 11. Government Assistance. The National Government, through its agencies and

instrumentalities shall provide the following:

a) Education — The Department of Education (DepEd), TESDA and the Commission on
Higher Education (CHED), in consultation with non-government organizations (NGOs) shall

institute a program that will ensure access to formal and non-formal educati

b) Health - The Department of Health (DOH), in coordination with local government units

(LGUs), and NGOs shall institute a national health program and shall provide an integral health

service for out-of-school youth;

©) Social Services - The Department of Social Welfare and Development (DSWD), in
cooperation with the Out-of-School Youth and Welfare Council created under Section 28 of this
Act, LGUs, and NGOs shall develop and implement programs on social services for out-of-school

youth, the components of which are:

1) Social Enhancement Services which provide the out-of-school youth with

opportunities for socializing, organizing creative expression, and improvement of self;

2) After Care Services for out-of-school youth who are discharged from the homes
or institutions of the DSWD, especially those who have problems of reintegration with family

and community.

4) Employment ~ The Department of Labor and Employment (DOLE), in coordination with

other government agencies such as, but not limited to, the Technology and Livelihood Resource
Center (TLRC) and the Department of Trade and Industry (DTI), shall assess, design, and
implement training programs that will provide skills and welfare or livelihood support for out-of-
school youth.

CHAPTER VI
EDUCATION

SEC. 12, Mandatory Technical/Vocational Education \t shall be the duty of the State to
provide mandatory technical/vocational education to out-of-school youth. The course shall be regulated by
‘TESDA and shall be for a period of at least six (6) months.

SEC. 13. Education Cost and Support. The technical/vocational education shall be offered by
the Statefree of charge to the out-of-school youth. The State shall likewise provide materials, instruments,

and tools that the out-of-school youth may need while enrolled in a technical/vocational course.

SEC. 14. TESDA Adviser.— An officer of the TESDA shall be assigned as a TESDA Adviser who
will monitor the progress and development of the out-of-school youth in the chosen technical/vocational

course.


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SEC. 15. Promotion to Formal Tertiary Education. The TESDA adviser, subject to review by
the Out-of-School Youth Welfare Council as provided for in Section 26of this Act, may recommend an
out-of-school youth to be a recipient of a scholarship grant from the CHED. Without prejudice to
Republic Act No. 10687 or the Unified Student Financial System for Tertiary Education Act (UniFAST),
the scholarship grant shall include tuition fee, boarding allowance, and a monthly stipend.

SEC. 16. Scholarship Bond. The out-of-school youth who avails of the scholarship from the
government shall execute a scholarship bond. The scholarship bond shall provide that upon successfully
completing tertiary education, the out-of-school youth shall render service to the government for at least
two (2) years.

SEC. 17. Entrepreneurial Education.The TESDA shall conduct a training program to provide
the out-of-school youth with the knowledge, skills and motivation to encourage entrepreneurial success.
The program shall include small business management education and new approaches on how to promote
innovation or introduce new products or services to the markets.

SEC. 18. Alternative Learning System. The Alternative Learning Mode of Education shall be
made available to out-of-school youth in the barangays.

For out-of-school youth who are in the custody of a home or an institution managed by the
DSWD, the latter shall conduct the Alternative Learning System under its premises.

CHAPTER VII
EMPLOYMENT AND ENTREPRENEURAL FACILITATION

SEC. 19. Employment.— Out-of-school youth who have the capacity and desire to work shall be

provided employment opportunities to enable them to be productive members of the society.

SEC. 20. Entrepreneurial Facilitation. ~ The State shall establish a community-based method of
addressing the needs and barriers facing out-of-school youth entrepreneurs. The objective of
entrepreneurial facilitation is to encourage and retain a diverse and robust local entrepreneurial economy
that leads to more opportunities for the out-of-school youth

SEC. 21. Right to Decent Work. ~ The State shall progressively realize and ensure decent work
standards for TESDA graduates, which involve the creation of jobs of acceptable quality in conditions of
freedom, equity, security, and human dignity.

‘The State shall further ensure:

@) Decent work involves opportunities for work that are productive and fairly remunerative
as family living wage, security in the workplace, and social protection for families, better
prospects for personal development and social integration, freedom for people to express their
concerns, organize, and participate in the decisions that affect their lives, and equality of

opportunity and treatment for all women and men; and



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b) That the State shall exert all efforts to address the causes of out-migration, in recognition
of the temporary nature of overseas work, by developing local employment and other economic
opportunities for TESDA graduates and by introducing measures to curb violence and forced and
involuntary displacement of local employees. The State shall ensure the protection and promotion
of the rights and welfare of migrant TESDA graduates regardless of their work status, and protect

them against discrimination in wages, conditions of work, and employment opportunities in host

countries.
SEC. 22. Social Protection.—

a) The State shall ensure that out-of-school youth workers and TESDA graduates shall have

a mandatory life, accident, and health insurance coverage to be provided for by their employer.

b) The State shall institute policies and programs that seek to reduce the poverty and
vulnerability to risks and enhance the social status and rights of out-of-school youth by promoting
and protecting livelihood and employment, protecting against hazards and sudden loss of income,

and improving people’s capacity to manage risks.

©) The State shall establish a health insurance program for the out-of-school youth.

CHAPTER VIII
ESPECIALLY DIFFICULT CIRCUMSTANCE

SEC. 23. Especially Difficult Circumstance.-Out-of-school youth who are in especially difficult
circumstances such as victims and survivors of sexual and physical abuse, illegal recruitment,
Prostitution, trafficking, armed conflict, out-of-school youth in detention, victims and survivors of rape
and incest, and such other related circumstances which have incapacitated them functionally, shall be

provided with services and interventions as necessary such as but not limited to the following:
a) Temporary and protective custody;
b) Medical and dental services;
©). Psychological evaluation;
4) Counseling;
©) Psychiatric evaluation;

£) Legal servi

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8) Productivity skill capability building;
h) Livelihood assistance; and

i) Financial assistance.


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SEC. 24. Inter-agency Support. — The Out-of-School Youth Welfare Council(OSYWC) shall
ensure that the out-of-school youth in especially difficult circumstances will be provided for with the
aforementioned interventions and services when necessary. The DSWD, DOJ, and DOH in coordination
with the appropriate LGU shall lead the rehabilitation of the out-of-school youth.

SEC. 25. Duty of the LGU. — It is the duty of the LGU where the out-of-school youth resides to

deliver the necessary services and interventions under their respective jurisdictions.

CHAPTER IX,
ADMINISTRATION AND ENFORCEMENT.

SEC. 26. Out-of-School Youth Welfare Council; Board of Directors. ~ There is hereby
established an inter-agency council known as the Out-of-School Youth Welfare Council (OSYWC). Its
administration shall be vested exclusively in its Board of Directors which shall be composed of the

following:
a) DSWD Secretary or a duly authorized representative, as Chairperson;
b) __DepEdSecretary or a duly authorized representative, as Vice-Chairperson;
©) DOH Secretary or a duly authorized representative, as member;
4) DOLE Secretary or a duly authorized representative, as member;
€) __ TESDA Director General or a duly authorized representative, as member;

f) National Youth Commission (NYC) Chairperson or a duly authorized representative, as

member;
8) Two (2) representatives from the private sector, as members; and

hh) One (1) representative from an NGO known for its work and advocacy in promoting the

rights and welfare of out-of-school youth, as member.

The members of the Board from the private sector and from a recognized NGO shall be appointed
by the President for a term of three (3) years and are eligible for reappointment to another term.

‘The DSWD shall establish the necessary secretariat for the Council.

SEC. 27. Powers and Responsibilities. ~The OSYWC shall exercise the following powers and

functions:

a) To plan, implement, and monitor yearly work programs in pursuance to the objectives of
this Act;

b) To provide funds and supervision for provincial and municipal offices for the

implementation of this Act.


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©) To assist the out-of-school youth in filing complaints or charges against any person,
establishment, institution, or agency refusing to comply with the rights under this Act before the
Department of Justice (DOJ) or the appropriate courts.

SEC. 28. Responsibility of Local Governments. ~ It shall be the responsibility of the local chief
executive of the cities or municipalities to ensure the effective implementation of the provisions of this
Act.

SEC. 29. Out-of-School Youth Office (OSYO). - There may be established in cities and
municipalities, if they deem it necessary, an Out-of-School Youth Office (OSYO) to be headed by a
Person known to be an advocate in promoting the rights and welfare of out-of-school youth, to be
appointed by the municipal or city mayor. The term of office of the head of the OSYO shall be
coterminous with the appointing authority unless sooner removed for causes mentioned in the civil

service rules and regulations.

The head of the OSYO shall be entitled to receive an honorarium of an amount at least equivalent

to Salary Grade 10 to be approved and appropriated for in an ordinance by the LGU concerned.

The head of the OSYO shall be assisted by the City Social Welfare and Development Officer, in

coordination with the Social Welfare and Development Office.

The Office of the Mayor shall exercise supervision over the OSYO relative to their plans,
activities and programs for the out-of-school youth. The OSYO shall work together and establish linkages
with accredited NGOs and the barangays in their respective areas.

‘The OSYO shall have the following functions:

a) To draw up a list of available and required services which can be provided for out-of-

school youth;

b) To maintain and regularly update on an annual basis the list of out-of-school youth and to
issue nationally uniform individual identification cards, free of charge, which shall be valid

anywhere in the country;

©) To serve as a general information and liaison center to serve the needs of the out-of-

school youth;
4) To coordinate with the OSYWC and monitor compliance of the provisions of this Act;

©) To report to the mayor, any individual, establishments, business entity, institutions, or

agency found violating any provision of this Act; and

1) To require all establishments covered by this Act to prominently display posters, stickers,
and other notices that will generate public awareness on the right and welfare of out-of-school

youth and to ensure that the provisions of this Act are implemented to its fullest.

SEC 30. Role ofNon-Government Organizations. Non-government organizations or private
volunteer organizations dedicated to the promotion, enhancement, and support of the welfare of out-of-

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school youth are hereby encouraged to become partners of government in the implementation of programs

and projects for the out-of-school youth,

CHAPTER X
FINAL PROVISIONS

SEC 31. Penalties. Any person who violates any provision of this Act shall, upon conviction,

suffer the following penalties:

a) For the first violation, imprisonment of not less than six (6) months but not more than two
(2) years and fine of not less than Fifty Thousand pesos (PS0,000.00) but nor more than One
Hundred Thousand Pesos (P100,000.00);

b) For any subsequent violation, imprisonment of not less than two (2) years but not more
than six (6) years and a fine of not less than One Hundred Thousand Pesos (P100,000.00) but not
‘more than Two Hundred Thousand Pesos (P200,000.00); and

©) Any person who avails of any of the benefits and privileges granted under this Act who is
not qualified to avail the same, imprisonment of not less than six (6) months and fine of not less
than Fifty Thousand Pesos (P50,000.00) but not more than One Hundred Thousand Pesos
(P100,000.00).

If the offender is a corporation, organization or any similar entity, the officials thereof directly

involved in the violation or abuse shall be liable therefor.

If the offender is an alien or foreigner, he shall be deported immediately upon service of sentence

without further proceedings.

Upon filing of the appropriate complaint or information, the proper authorities, in coordination
with the concerned LGU, shall cause the cancellation or revocation of the business permit, permit to
operate, franchise, and other similar privileges granted to any business entity or person that fails to abide

by or violates the provisions of this Act.

SEC, 32. Implementing Rules and Regulations. — Within ninety (90) days from the effectivity of
this Act, the Board of Directors of the OSYW Council shall promulgate the implementing rules and
regulations as may be necessary to ensure the efficient and effective implementation of this Act, in
consultation with other stakeholders including NGOs or peoples organizations for the out-of-school youth
duly accredited by the DSWD.

SEC. 33. Appropriations. - The necessary appropriations for the initial operation and
maintenance of the OSYWC shall be appropriated from any available funds from the National Treasury.
Thereafter, any such sums as may be needed for the continued implementation of this Act shall be

included in the annual General Appropriations Act of the respective agencies.


SEC. 34.Separability Clause. ~ Should any part of this Act be declared unconstitutional, the rest.
of the provisions of this Act not affected shall continue to be in effect and subsisting.

SEC. 35.Repealing Clause. ~ The prov

regulations inconsistent with this Act are hereby repealed, amended, or modified accordingly.

ns of other laws, decrees, executive orders, rules and

SEC. 36.Effectivity. - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in at least two (2) national newspapers of general circulation.

Approved,

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