EIG H TEEN TH  CONGRESS OF THE 
REPUBLIC OF THE PH ILIPPIN ES
First Regular Session
S E N A T E  
s. No. 
92
iSi 
TIME:
BILLS & INDEX
Introduced by Senator Aqiiilino “ Koko” Pimentel HI
AN ACT CREATING THE DEPARTM ENT OF OVERSEAS 
FILIPIN O  W O RK ERS, DEFINING ITS POW ERS AND 
FUNCTIONS, A PPRO PRIA TIN G  FUNDS TH ER EFO R , AND
FOR O TH ER PURPOSES
EXPLANATORY NOTE
Out of an estimated ten million overseas Filipinos, an estimated 2.4 
million are contract workers who support their respective families and 
other loved ones at home. Over the years, the remittances of the overseas 
Filipino workers (OFWs) have reached more than US $20 Billion, or 
about ten (10%) percent of our Gross Domestic Product (GDP).
The remittances of OFWs— which are sent to feed, educate, house, 
clothe, and maintain the health of their families and loved ones— have 
contributed to a sustained rise in household consumption that, according 
to the Philippine Statistics Authority (PSA), make up 73.7% of our 
GDP. Above all these, the OFWs' overall contribution to our society is 
well recognized as we refer to them as our "modern day heroes."
While laws have been passed, programs have been initiated, 
offices have been established, and funds have been provided to address 
the needs of our OFWS, these services lack focused management with 
many of them spread out in an assortment of programs lodged in 
different entities and systems of accountabilities.


Among the many government offices involved are the Department 
of Foreign Affairs Consular Affairs Office, PSA (formerly National 
Statistics 
Office), National 
Bureau 
of Investigation, 
Bureau 
of 
Immigration, Bureau of Customs, Department of Health, Philippine 
National Police, Technical Education and Skills Development Authority, 
Insurance Commission, Department of Social Work and Development, 
Social Security System, Home Development Mutual Fund (Pag-IBIG), 
Overseas Workers Welfare Administration, and the Philippine Overseas 
Employment Administration.
Despite efforts to reconcile and streamline these programs, better 
overall control, coordination, monitoring, and feedback are necessary to 
improve services for our OFWs. This is an urgent need given that as the 
numbers of our countrymen abroad rise, so do the number of distressed 
OFWs that require the assistance of our government due to numerous 
issues including non-payment and underpayment of wages, working 
beyond normal working hours eoupled with insufficient rest periods, 
maltreatment, sexual abuse, and criminal charges filed against them.
The problems mentioned above require highly complex responses 
that eall for whole-of-government approach. Hence, a creation of a 
specialized body is the best option so that it could focus solely on the 
specific needs of this important sector.
This bill seeks to provide for a Department of Overseas Filipino 
Workers, which will address the needs of our OFWs all under one 
government body. A department-level budget and the corresponding 
modern-day heroes— a commitment that is commensurate to their 
sacrifices and contributions, not just to their families but also to our 
country.
In view of the foregoing, approval of this measure is earnestly 
sought.
V:v-.^ -A v5'
AQUILINO “ KO K O ” PIM ENTEL III


EIGH TEENTH CONGRESS OF THE 
REPUBLIC OF THE PH ILIPPIN ES
First Regular Session
S E N A T E
82
S. No.
BILLS
Introduced by Senator Aqiiiliiio “ Koko” Pimentel HI
AN ACT CREATING THE DEPARTM ENT OF OVERSEAS 
FILIPIN O  W ORKERS, DEFINING ITS POW ERS AND 
FUNCTIONS, A PPRO PRIA TIN G  FUNDS TH ER EFO R , AND
FOR O TH ER  PURPOSES
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Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
SECTION 1. Short Title. —  This Act shall be known as the 
“Department of Overseas Filipino Workers Act.”
SEC. 2. Declaration of Policy. —  The following are hereby
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declared as State policies:
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(a) 
The State shall, at all times, uphold the dignity of its
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Overseas Filipino Workers (OFWs);
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(b) 
The 
State 
shall 
continuously 
monitor 
international
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conventions, adopt and ratify those that guarantee protection to our
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OFWs, and represent and negotiate for Philippine interest on matters
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pertaining to OFW affairs;
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(c) 
The State shall provide adequate and timely, 
social,
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economic, and legal services to OFWs;
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(d) 
The State recognizes non-governmental organizations, trade 
unions, workers associations, stakeholders, and similar legitimate 
entities as partners of the State in the protection of OFW 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 ot this partnership;
(e) 
While recognizing the significant contribution of OFWs to 
the national economy through their foreign exchange remittances, the 
State does not promote overseas employment as a means to sustain 
economic growth and achieve national development. The existence of 
the overseas employment program rests solely on the assurance that the 
dignity and fundamental human rights and freedoms of the Filipino 
citizens shall not, at any time, be compromised or violated. The State, 
therefore, shall continuously create local employment opportunities and 
promote the equitable distribution of wealth and the benefits of 
development;
(f) 
The State affimis the fundamental equality before the law of 
women and men and the significant role of women OFWs. The State 
shall 
apply 
gender 
sensitive 
criteria 
in 
the 
formulation 
and 
implementation of policies and programs affecting OFWs;
(g) 
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 or distressed 
OFWs whether regular/documented or irregular/undocumented, are 
adequately protected and safeguarded;
(h) 
The right of OFWs to participate in the democratic decision­
making process of the State and to be represented in institutions relevant 
to overseas employment is recognized and guaranteed; and
(i) 
The State recognizes that the ultimate protection to all OFWs 
is the possession of marketable skills. Pursuant to this and as soon as 
practicable, and taking into consideration the fundamental right to work.


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the government shall allow the deployment only of skilled Filipino 
workers.
SEC. 3. Creation and Mandates. — A Department of Overseas 
Filipino Workers, 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 mandate 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 face abroad in consultation with all 
relevant stakeholders;
(b) Assess, review, harmonize, and coordinate applicable policies 
and procedures, as well as multilateral or bilateral treaties and 
agreements with OFW receiving countries and other migrant sending 
countries, the United Nations and its affiliate organizations, and other 
international 
and 
regional 
organizations, 
fora, 
and 
process, 
in 
coordination with the Department of Labor and Employment (DOLE) 
and the Department of Foreign Affairs (DFA);
(c) Improve cooperation and coordination with OFW host 
countries and monitor labor developments in these jurisdictions to 
ensure that the terms 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 umest, or other analogous circumstances, 
whether potential or actual;


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(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 code of ethical conduct 
among its member, and provide a system of incentives therefor;
(h) Assist and provide timely assistance to OFWs 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 interest and negotiate on matters 
pertaining to migrant workers in international bodies, in coordination 
with the DFA and the DOLE;
(j) 
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 policies;
(l) 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,


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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 may be necessary to achieve 
the objectives provided for by this Act.
SEC. 5. Composiiton. — 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;
(c) 
Review and approve requests and manpower resources of all 
operating offices of the Department;
(d) 
Designate and appoint offices and employees of the 
Department, excluding the undersecretaries, assistant secretaries, and 
regional and assistant directors, in accordance with the civil service 
laws, rules, and regulations;
(e) 
Exercise disciplinary powers over officers and employees of 
the Department in accordance of a committee or officer to conduct such 
investigation;


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(f) 
Coordinate with other ageneies and publie 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 
expenditure 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
(j) 
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.
SEC. 8. Assistant Secretaries. —  The Secretary shall be assisted 
by three (3) assistant secretaries, who shall be appointed by the President 
upon the recommendation of the Secretary: Provided, that (2) of the 
assistant secretaries shall be career officers: Provided, further, at least 
one (1) of the assistant secretaries shall be a lawyer.
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.


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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 
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;
(c) Coordinate with the local government units (LGUs); and
(e) Perform such other necessary functions as may be provided by 
law or assigned by the Secretary.
SEC. 11. Transfer of Agencies and Personnel. —  The following 
agencies and their functions are hereby specifically transferred to the 
Department:
(a) Office of the Legal Assistant for Migrant Workers Affairs of 
the DFA as provided for under Section 24 of R.A. No. 8042, as amended;
(b) All Philippine Overseas Labor Offices under DOLE;
(c) The National Reintegration Center for OFWs under DOLE;
(d) The International Labor Affairs Bureau under DOLE;
and
(e) The Philippine Overseas Employment Administration (POEA);
(f) Overseas Workers Welfare Administration (OWWA).


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SEC. 12. 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 Five Billion 
Pesos (P5,000,000,000.00), is hereby created, to be administered and 
maintained by the Department. In addition to those provided for under 
Section 26 of R.A. No. 8042, as amended, and in accordance with 
guidelines to be formulated by the Department, the SATNAF shall be 
used for repatriation, medical and hospitalization expenses, legal 
retainers and lawyers fees, other legal fees and costs, payment of blood 
money, and other needs of OFWs facing legal cases and/or detention and 
other forms of emergencies where such cost and fees are currently not 
covered by OWWA and other existing funds and sources.
SEC. 
13. Institute for Advances and Strategic Studies on 
Migration and Development. —  There is hereby established an Institute 
for Advanced and Strategic Studies on Migration and Development 
(lASSMD) headed by an Executive Director with the rank of Assistant 
Secretary. It shall carry out the following functions:
(a) Conduct advanced, strategic and up-to-date studies and 
research on global migration and development trends, and publish 
papers based on the highest standards of international trends, and publish 
papers based on the highest standards of international scholarly work;
(b) Edit and publish a Journal of Advance and Strategic Studies on 
Migration and Development of the highest standards of scholarship and 
reputation;
(c) 
Prepare 
and 
submit 
annual 
strategic 
estimates 
and 
recommendations to the Secretary of the Department, Congress, and the 
President to advance national development goals;
(d) Conduct regular lectures, seminars, trainings, workshops, and 
public briefings both local and international;
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(e) Enter into collaborative partnerships and consortiums with 
academic and research institutions, both local and international;
(f) Receive grants and endowments; and
(g) Host visiting scholars, fund relevant research, provide 
scholarships locally and abroad, based on open and competitive 
selection criteria. For this purpose, an initial fund in the amount of Fifty 
Million Pesos (P50,000,000.00) shall be included in the annual budget of 
the Department to be enacted as part of the annual General 
Appropriations Act (GAA).
SEC. 14. Separation and Retirement form Ser\nce. —  Employees 
who are separated from service within six (6) months from the 
effectivity of this Act as a result of the organization and rationalization 
process as provided for by this Act shall receive separation benefits to 
which they may be entitled under Executive Order No. 366, s, 2004: 
Provided, That those who are qualified to retire under existing 
retirement laws shall be allowed to retire and receive retirement benefits 
to which they may be entitled under applicable laws and issuances.
SEC. 15. Structure and Staffing Pattern. —  Subject to the 
approval of the DBM, 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 civil service laws, rules, and regulations.
The laws and rules on government reorganization as provided for 
by R.A. No. 6656, otherwise known as the Reorganization Law, shall 
govern the organization and rationalization processes of the Department.
SEC. 16. Transition Period. —  The transfer of functions, assets, 
funds, equipment, properties, transactions, and personnel of the affected 
agencies, and the formulation of the internal organic structure, staffing 
pattern, operating system, and revised budget of the Department shall be 
completed within six (6) months from the effectivity of this Act: 
Provided, That within this period, the existing personnel shall continue


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to assume their posts in holdover capacities until new appointments shall 
have been issued; Provided further, That after the organization and 
rationalization process, the Department, in coordination with the DBM, 
shall determine and create new positions, the funding requirements of 
which shall not exceed the equivalent cost of positions abolished.
SEC. 17. Appropriations. — The amount needed for the operation 
and maintenance of the Department shall be included in the GAA.
SEC. 18. Implementing Rules and Regulations. — The DFA, 
DOLE, DBM, and Civil Service Commission shall, within sixty (60) 
days after the effectivity of this Act, promulgate such rules and 
regulations necessary to implement this Act.
SEC. 19. Separability Clause. — If any provision of this Act is 
declared invalid or unconstitutional, the other provisions not affected by 
such declaration shall remain in full force and effect.
SEC. 
20. Repealing Clause. 
— All 
laws, 
executive and 
administrative orders, rules and regulations inconsistent with the 
foregoing provisions are hereby repealed or modified accordingly.
SEC. 21. Effectivity. — This Act shall take effect fifteen (15) days 
after its publication in the Official Gazette or in a newspaper of general 
circulation.
Approved,
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