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

Eighteenth Congres:
First Regular Session

aOUSE BILLNO, 3514

Introduced by Representative Lucy Torres-Gomez

=XPLANATORY NOTE

The two (2) major boosters of the Philippine economy are BPOs (business
process outsourcing) and remittances from overseas Filipino workers (OFWs).

Time and again, our OFWs have been hailed as our “modern-day heroes.”
And yet, when an OFW is in distress, his or her family does not know where to find
help — that is, whether to go to the POEA, the OWWA, or write the various
consulates abroad through the DFA. There is, therefore, an urgent need to
rationalize the delivery of services of our several agencies to provide convenient and
expeditious assistance to our “heroes” and their families. One way of doing this is
by grouping all these offices under one roof, a sort of one-stop-shop, and perhaps,
the most logical way of going about this is through the creation of a Department of
Overseas Filipino Workers, as this measure espouses.

In his latest State of the Nation Address (2019), President Rodrigo Roa
Duterte has listed the creation of such a department among the list of his
administration’s priority legislative agenda. In a separate pronouncement, the
President has also expressed his wish that the said department should be up and
running by December of this year.

In view of the foregoing considerations, the early approval of this bili is
earnestly requested.

u TO MEZ
Representative
Fourth District of Levte


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

Eighteenth Congress
First Regular Session

HOUSE BILL No. _ 3514

Introduced by Representative Lucy Torres-Gomez

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:
CHAPTER!

GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the "Department of
OFW Act of 2019."

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, whether in country or overseas,

in general, and Fil

10 migrant workers, in particular, continuously monitor
international conventions, adopt/be 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;

13


(b) The State shall afford full protection to OFWs, promote full
employment. ensure equal work opportunities regardless of sex, gender, race,

creed or re

ion, regulate the relations between OFWs and their employers, and
promote their welfare and well-being at all times. The State shall protect the rights
of the workers to security of tenure, and just and humane conditions of work.
‘Towards this end, the State shall provide adequate and timely social, economic,
and legal services to OFWs;

(c)While recognizing the significant contribution of Filipino migrant
workers and overseas Filipinos to the national economy through their foreign
exchange remittances and investments, 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.
Toward this end, the State shall continually aim to make migration a choice

and nota necessity for every Filipino worker;

(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 criteria in the formulation
and implementation of policies and programs affecting migrant workers and

the composition of bodies tasked for the welfare of migrant workers;

(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 interests of distressed overseas Filipinos, in general, and

13


Filipino migrant workers, in particular whether _regular/documented or
irregulayundocumented are adequately protected and safeguarded

(f) 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 non-governmental organizations, trade unions,
workers associations, business organizations and other stakeholders duly
recognized as legitimate, as 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;

(h) The State shall protect every citizen desiring to work locally or
overseas by securing for him or her the best possible terms and conditions of
employment. The State shall endeavor to facilitate a free choice of available
employment by persons seeking work and regulate the movement of workers

in conformity with the national interest;

(i) The State further affirms that the Filipino family, as a basic
autonomous social institution, is the foundation of the nation. Accordingly, the
solidarity of the families of OFWs shall be strengthened and their total
development shall be actively promoted; and

(j) The State shall endeavor to fulfill its commitment in the fulfillment of
the 23 objectives ofthe Global Compact for Safe, Orderly and Regular Migration

(GCM).
13


CHAPTER II
THE DEPARTMENT PROPER

SEC 3. Creation. - The Department of Overseas Filipinos, hereinafter referred
to as the Department, is hereby organized, structurally and functionally in
accordance with the provisions of this Act.

The Department is hereby created to serve as the primary agency under
the Executive Branch tasked to promote the welfare of overseas Filipinos;
formulate, plan, coordinate, promote, administer, implement policies, and
undertake a systematic national development program for managing and
monitoring the overseas/foreign employment of Filipino workers, including
seafarers, domestic helpers, skilled and unskilled workers taking Into
consideration domestic manpower requirements and the need to protect their

rights to fair and equitable employment practices.

The Department shall render an annual report of Its activities and
achievements to the President and to Congress. In addition, it shall have
original and exclusive jurisdiction over allcases involving employer-employee
relations, documented/regular or undocumented/irregular workers, arising out
of or by virtue of any law or contract involving Filipino workers for overseas

employment.

SEC. 4. Powers and Functions. - \n pursuit of its mandate, the Department shall
have the following powers and functions:

(a) Formulate, recommend, and implement national policies, plans, programs,
and guidelines that will ensure the protection of Over\seas Filipinos and
Migrant Workers, and address the problems that they face abroad in

consultation with all relevant stakeholders;
13


(b)

(c)

(d)

(e)

(h)

(i)

Conduct In-depth studies on all policy areas and options that will ensure
protection of OFW and address perennial issues OFWs face abroad, in
consultation with the relevant stakeholders;

Assess, review, harmonize, and coordinate all OFW-related local
policies and procedures and international agreements to ensure overall

consistency and Implementation of the national policies;

Protect and promote the interest of every citizen desiring to work
overseas by securing for him/her the most equitable terms and conditions

of employment, and by providing social and welfare services;

Protect and promote the welfare, well-being, and interests of the families
of OF Ws;

Formulate general guidelines concerning wage and income policy
subject to the limitations imposed by the laws of the foreign countries;

Build a strong and harmonious partnership with foreign countries and

the private sectors to formulate strategies and implement the same;

Assess, review, harmonize, and coordinate applicable policies and
procedures, as well as multilateral or bilateral treaties and agreements
with OFW countries of destination and other migrant countries of origin,
the United Nations and Its affiliate organizations, and other international
and regional organizations, fora, and processes, in coordination with the
Department of Labor and Employment (DOLE) and the Department of
Foreign Affairs (DFA);

Represent Philippine Interests and negotiate on matters pertaining to
overseas Filipinos and migrant workers In international bodies, in

13


coordination with the Department of Foreign Affairs and the Department
of Labor and Employment;

(@j) Be the primary agency in countries of destination in charge of Overseas

(k)

0)

Filipinos and Migrant Workers concerns under the control and
supervision of the head of post in the person of the Ambassador or
Consul General following the One Country Team Approach (OCTA);

Employ a proactive approach in providing assistance to the Overseas
Filipinos and Migrant Workers in times of war, civil unrest, or other
analogous circumstances, whether potential or actual;

Assist and provide timely assistance to Overseas Filipinos and Migrant
Workers In distress and, for this purpose, tap the services of local and
foreign-based personnel, lawyers, labor experts, security providers and

other professionals

(m) Provide social and welfare services to OF Ws, including insurance, social

(n)

(0)

()

work assistance, legal assistance, cultural services, and remittance

services;

Provide job matching services to the public, in cooperation with the
Department of Education, the Commission on Higher Education, the
Technical Education and Skills Development Authority, and other
government agencies, civil society and non-governmental organizations,

with the view of promoting the global competitiveness of the Filipino;

Promote knowledge, information and resource sharing, and develop a
database system complete with information on the status and location of
Overseas Filipinos and Migrant Workers anywhere in the world;

Coordinate and support the generation and build-up of resources or funds

13


forthe use of Overseas Filipinos and Migrant Workers;

(q) Coordinate with concerned government agencies in the training and support
of Filipinos who have worked abroad and are returning to the country;

(r) Regulate and guide the business activities relative to the deployment of
Filipino workers and other related activities;

(s) Regulate the operation of private recruitment agencies and other
relevant business entitles involved in the deployment of OFWs taking into
account the primacy of upholding the welfare and protection of OFWs, and

with due consideration torelevant market conditions ;

() 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;

(u) Assume 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 Weilfare
Administration Act, and other related laws; and

(v) Promulgate rules and regulations for the Implementation of its guidelines

and policies and related laws.

SEC. 5. Composition. - The Department shall consist of the Department proper
comprising of the Office of the Secretary, the Office of the Undersecretaries
and Assistant Secretaries, the Service Units and the Staff Bureaus, and its
Regional Offices.


‘The Secretary shall be appointed by the President and confirmed by the
Commission of Appointments. The Undersecretaries and Assistant Secretaries
shall be likewise be appointed by the President upon the recommendationof the
Secretary.

SEC. 6. Secretary of the Department of Overseas Filipinos. - The authority
and responsibility for the exercise of the mandate of the Department and for the
discharge of its powers and functions shall be vested in the Secretary of
Overseas Filipinos, hereinafter referred to as the Secretary, who shall have
supervision and control over the Department. For such purposes, the Secretary
shall have the following powers and functions:
(a) Establish the policies and standards for the operation of the Department
pursuant to the approved programs of government;

(b) Exercise jurisdiction over al 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 Codeof 1987;

(c) Delegate authority for the performance of any function to officers and
employees of the Department

qd)

Advise the President on the promulgation of executive and administrative
orders, other regulative issuances, and legislative proposals on matters
pertaining to foreign labor and employment;

e)

Formulate policies, guidelines, rules and regulations and other issuances
essential and necessary to carry out Department policies, plans, programs
and projects;

(f) Issue orders, directives, rules and regulations, and other issuances to carry
out foreign labor and employment policies, plans, programs and projects;

(g) Coordinate with other government offices, labor, organizations,

employers’ associations, and any other group to carry out the mandate of
13


the Department;

(h) Negotiate with foreign governments, in coordination with the Department of
Foreign Affairs treaties, agreements, compacts, and other instruments that are
related to labor migration;

(i) Evaluate the policy, plans, programs and project accomplishments of the
Department;

(j) Prepare reports for the President and for the public;

(k) Administer and manage the Overseas Filipinos Assistance Fund, and
issue guidelines for the proper utilization of the Fund; and

(!) Exercise such other powers and functions as may be provided by law or
assigned by the President.

SEC. 7. Department Units. - The following units are hereby created to be each
headed by an Assistant Secretary and assisted by other officers and staff:

a. The Policy Planning, Research, and Legal A ffairs Unit which shall:

1. Undertake research necessary in preparation and evaluation of policy
reports, treaties, and multilateral and bilateral agreements;

2. Assist and draft policies in line with the functions of the Office of
the Secretary andthe Department;

3. Ensure that development policies are In line with national development;

4. Analyze data in order to make informed decisions and to guide
policy intervention with regard to migration and foreign employment;

5. Ensure collection of accurate and quality statistics to conduct
analysis of the changes in the labor and foreign market;

6. Advise and assist the Secretary and the Undersecretaries in the
formulation of the Department's over-all long-range and short-term
plans and programs on overseas employment, with special focus on
the government's compliance with international labor agreements;

7. Reviews and evaluates the progress/status of projects and

13


accomplishments in relation to set standards, objectives and

schedules; and
8. Perform such other functions as may be provided by law or assigned by

the Secretary and/or Undersecretaries from time to time.
Administrative Unit which shall provide the Department with efficient,
effective and, economical services relating to records, management,
supplies, equipment, collections, disbursements building administration
and maintenance security and custodial work;
Human Resource Development Unit which shall provide the Department
with a program and corresponding projects that shall make available
training, education, and development opportunities needed to upgrade the
levels of competence and productivity of Department managers and
personnel. It shall absorb the powers and functions of the Administrative
Service In relation to the development and administration of personnel
programs including selection and placement, development, performance
evaluation, employee relations, and welfare;
Financial Management Unit which shall be responsible for providing the
Department with efficient, effective, and economical services relating to
budgetary, financial, management improvement and internal control
matters;
e. Information and Publication Unit which shall be responsible for
promoting rapport and understanding between the Department and the
public through the development of public relations programs and the
dissemination of accurate and updated information on foreign labor and
employment, by means of publication, radio, television, and social media
coverage of special events and related matters on the Department's policies,
plans, programs, and projects. The Service shall likewise be responsible for
providing answers to queries from the public regarding the Department's
policies, rules, regulations, programs, activities, and services; and

The Overseas Filipinos Assistance Fund Unit which shall be responsible
13


for assisting the Secretary in the management and use of the Overseas
Filipinos Assistance Fund.

SEC. 8. Undersecretaries. - The Secretary shall be assisted by not more than
six (6) Undersecretaries who shall be appointed by the President upon the
recommendation of the Secretary. The following offices are hereby created to be
each headed by an Undersecretary and assisted by other officers and staff:

a. Office of the Undersecretary for Administration and Finance which
shall provide the Department with efficient, effective and,
economicaJ services relating to records, management, supplies,
equipment, collections, disbursements building administration and
maintenance, security, and custodial work; administer personnel
programs including selection and placement, development,
performance evaluation, employee relations, and welfare; manage
internal budgetary and financial matters. The Office shall supervise

the operational activities of the Administrative Unit, Human

Resource Development Unit andthe Financial Management Unit;

b. Office of the Undersecretary for Foreign Employment which shall
absorb the mandates and functions of the Philippine Overseas
Employment Administration under Executive Order 247 s. 1987 and
Republic Act No. 8042, as amended, and shall have the following
additional functions:

1. Advise and assist the Secretary in the formulation of the
Department's over-all long-range and short-term plans and
programs on overseas employment, with special focus on the
government's compliance with international laboragreements;

2. Review and evaluate the progress/status of projects and


accomplishments in relation to set standards, objectives and
schedules;

3. Supervise the operational activities of the Policy Planning,
Research and Legal Affairs Unit, and the Information and
Publication Unit; and

4. Perform such other functions as may be provided by law or
assigned by the Secretary from time to time.

. Office of the Undersecretary for Reintegration and Social
Services which shall absorb the mandates and functions of the
Overseas Workers Welfare Administration under Republic Act
No. 10801, implement and deliver programs and services
through regional and on-site operations and shall have the
following additional functions:

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;

2. 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 Filipino workers;

3. 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;

4. Provide a periodic study and assessment of job opportunities
returning Filipino overseas migrant worker,

5. Develop and implement other appropriate programs to


promote the welfare of returning Filipino overseas migrant
workers;

6. Maintain an interest-based communication system for on-
line registration of returning OFWs and interaction with
clients, and maintain and upgrade computer-based service
capabilities ofthe Department;

7. Develop capacity-building programs for returning overseas
Filipino workers and their families, implementers, service
providers and stakeholders;

8. Conduct research for policy recommendations and
program development;

9. Administer the OWWA Fund;

10. Administer the Migrant Workers Loan Guarantee Fund; and

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

Office of the Undersecretary for Overseas Filipinos which

shall have the following functions:

1. Formulate, in coordination with agencies concerned, an
integrated program for the promotion of the welfare of
Filipinos overseas for implementation by suitable existing
agencies;

2. Coordinate and monitor the implementation of such an
integrated program;

3. Initiate and directly undertake the implementation of special
projects and programs, whenever necessary, to promote the
welfare of Filipinos overseas with respect to their interests
and activities in the Philippines;

4, Serve as a forum for preserving and enhancing the social,

economic and cultural ties of Filipinos overseas with their


motherland;

5. Provide liaison services to Filipinos overseas with

appropriate government and private agencies in the
transaction of business and similar ventures In the
Philippines; and

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

assigned by the Secretary from time to time.

e. Officeofthe Undersecretary for Assistance to Overseas Filipinos

in Distress which shall have the following functions:

lL.

Provide prompt and appropriate response to global
emergencies or crisis situations affecting OFWs and their
families;

. Recommend to the Secretary the grant of the use of Overseas

Filipinos Assistance Fund;

Be Undertake all repatriation activities, in coordination
with the Office of the Undersecretary for Foreign
Employment, Office of the Undersecretary for
Reintegration and Social Services, and other government
agencies, in cases of war, epidemic, disasters or
calamities, natural or man-made, and other similar events
without prejudice to reimbursement by the responsible
principal or agency;

4. Draft the guidelines, procedures and criteria for the
provisions of Overseas Filipinos Assistance Fund to
Overseas Filipino and Migrant Workers;

5. Ensure effective coordination and cooperation with other
agencies and the Foreign Service Posts in the provision
of assistance from the Overseas Filipinos Assistance
Fund to Overseas Fliipino and Migrant Workers;

6. Coordinate with the Office of the Undersecretary for


Foreign Employment, Office of the Undersecretary for
Reintegration and Social Services, and other government
agencies concerned, as well as with non-governmental
organizations assisting migrant workers, to ensure
effective coordination in providing legal assistance to
migrant workers;

7. Tap the assistance of the Integrated Bar of the
Philippines (IBP), other bar associations, legal experts
on labor, migration and human rights laws, reputable
law firms, and other civil society organizations, to
complement government services and resources to
provide legal assistance to migrant workers; and

8. Supervise the operational activities of the Overseas
Filipinos Assistance Fund Unit.

f Office of the Undersecretary for International Labor Affairs
which shall have the following functions:

1. Monitor the observance and Implementation of the
Philippines' obligations and commitments to international
organizations and treaties;

2. Supervise and monitor the activities of the Philippine
Overseas Labor Offices;

3. Coordinate with the Department of Foreign Affairs
regarding treaties, agreements, compacts, and other
instruments that are related to labor migration; and

4. Perform such other functions as may be providedby law
or assigned by the Secretary.

SEC. 9. Regional Offices. - The Department is hereby authorized to
establish, operate , and maintain such Department-wide Regional
Offices In each of the administrative regions of the country, Insofar as
necessary, which shall be headed by a Regional Director who shall


have supervision and control thereof. The Regional Director,
whenever necessary, shall be assisted by an Assistant Regional
Director. A Regional Office shall have, within Its regional area, the
following functions:
(a) Implement laws, policies, plans, programs projects, rules and
regulations of the Department;
(b) Provide economical, efficient and effective service to the people;
(c) Coordinate with regional offices of other departments and
agencies;
(d) Coordinate with local government units; and
(e) Perform such other functions as may be provided by law or

assigned by the Department.

SEC. 10. 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 competence and expertise in
the plans, programs, projects and activities of the government
relative to overseas labor andemployment.

SEC. 11. Sectoral and Industry Task Forces . - The Department
may create sectoral and Industry task forces, technical working
groups, advisory bodies or committees for the furtherance of its

objectives. Additional private sector representatives such as from
the OFWs, academe and private industries directly involved in
deployment of OFWs, as well as other national government agencies,
local government units, and government-owned and controlled

corporations, may be appointed to these working groups.

CHAPTER Ill
OFW CENTERS


SEC. 12. Establishment of OFW Centers. - The Migrant Workers
and other Overseas Filipinos Resource Center shall be transformed
into the OFW Center established Initially In countries where there
are large concentration of OFWs, as determined by the Secretary.
The OFW Center shall act as a one-stop shop for Overseas
Filipinos in the countries of destination. It shall be established
within the premises of the Philippine Embassy or the Consulate and
be under the administrative jurisdiction of the Philippine Embassy.
Within five (5) years from the effectlvity of this Act, OFW Centers
shall be established in all Philippine Embassies or Consulates
abroad.

When the OFW Center is established outside the premises of
the Embassy or Consulate, the Department of Foreign Affairs shall
exert its best effort to secure appropriate recognition from the
receiving government in accordance with applicable laws and
practices.

SEC. 13. Functions. - The OFW Center shall provide the following
services:

a. Counseling and legal services;

b. Welfare assistance including the procurement of medical and
hospitalization services;

c. Information, advisory programs to promote social
Integration such as post- arrival orientation, settlement and
community networking services and activities for social
interaction;

d. Registration of Irregular/undocumented workers to bring
them within the purview of Republic Act 8042, as amended;

e. Implementation of Department Programs;


f Gender-sensitive programs and activities to assist particular
needs of migrant workers;

g. Orientationprogram for returning workers and other migrants;
Monitoring of the daily situation, circumstances and activities
affecting migrant workers and other overseas Filipinos;

|. Ensuring that labor and social welfare laws in the receiving
country are fairly applied to migrant workers and other
overseas Filipinos; and

j. Conciliation of disputes arising from employer-

employee relationship, in accordance with this Rule.

SEC. 14. Personnel. - Each OFW Center shall be staffed by the
following:

(a) Foreign Service personnel;

(b) A Labor Attache who shall undertake Its current functions
under Republic Act 8042, as amended and shall be the
representative of the Department on-site;

(c) A Police Attache who shall establish and maintain liaison
with principal law enforcement and security services in
destination countries, and shall be appointed by the Chief of
the Philippine National Police;

(d) A Justice Attache who shall render assistance to address
legal needs of Overseas Filipinos and assist the Labor
Attache in matters relating to Overseas Filipinos in distress,
and shall be appointed by the Secretary of the Department of
Justice; and

(e) Other service attaches or officers who represent Philippine
government agencies abroad.

The following personnel shall assist the attaches and be assigned
to the Center:

a. Psychologists, Social Workers, and a Shari'a or Human Rights


Lawyers;

b. Individual volunteers and representatives from bona fide
non-government organizations from the receiving countries,
if available and necessary as determined by the Labor Attache
in consultation with the Chief of Mission;

c. Public Relations Officer or Case Officer conversant. orally
and in writing, with the local language, laws, customs and
practices; and

d. Legal Officers and such other professionals deemed
necessary by the Secretary.

SEC. 15. Administration of the Center. The Philippine Overseas
Labor Office through the Labor Attache shall supervise and
coordinate the operations of the OFW Center and shall keep the
Chief of Mission informed and updated on all matters affecting it at
least quarterly through a written report addressed to the Chief of

Mission.

SEC. 16. Round-the Clock Operations. The OF W Center shall operate
on a 24- hour basis including Saturdays, Sundays and holidays. A
counterpart 24-hour Information and Assistance Center to ensure a
continuous network and coordinative mechanism shall be established
at the Department.

SEC. 17. Budget. - The establishment, yearly maintenance and
operating costs ofthe OFW Centers, including the costs ofservices and
programs not specially funded under the Act, shall be sourced from
the General Appropriations Act (GAA) and shall be included in the
annual budget of the Department. The salaries and allowances of
overseas personnel shall be sourced from the respective agencies’
budgets.


SEC. 18. OFW Malasakit Center. - The Department, in partnership
with other government agencies and local government units, shall
establish a one-stop shop OFW assistance center to be known as
"OFW Malasakit Center" in all provinces and major cities to ensure
prompt and efficient provision of services to OFWs and their
families such as acquisition of government permits, validation of
overseas job offers, grievance and complaints desks and reintegration

services.

CHAPTER IV
TRANSFER OF AGENCIES

SEC. 19. Transfer of Bureaus, Offices, Agencies. - (a) The
following agencies are hereby abolished, and their powers and
functions under Republic Act 8042, as amended by Republic Act
10022, and other applicable laws, and the funds and appropriations,
records, equipment property, and personnel are likewise transferred
tothis Department:

(1) Overseas Workers Welfare A dministration(OWWA);

(2)Philippine Overseas Employment Administration
(POEA};

(3) Commission on Filipino Overseas (CFO);

(4) Intemational Labor Affairs Bureau of the
Department of Labor and Employment (DOLE)
and

(5) National Reintegration Center for OFWs (NRCO)

The powers and functions of the Office of the Undersecretary
for Migrant Workers Affairs under the Department of Foreign Affairs


and all Philippine Overseas Labor Offices and their officials under the
DOLE are hereby transferred to this Department.

In the case of OWWA, all its membership records, funds
appropriated under the GAA, and all its trust funds are transferred to
this Department. The Department shall issue guidelines on the
transfer of records and funds: Provided, That existing members shall
not be required to re-apply for a new membership: Provided,
Surther, That inno case shall Individual membership contributions
be increased: Provided, finally. That benefits and services to OFW
members shall not be diminished.

‘The laws and rules on government reorganization as provided
for by Republic Act 6656, otherwise known as the Reorganization
Law, and other relevant civil service laws and regulations shall

govern the reorganization process ofthe Department.

CHAPTER V

TRANSITORY
PROVISIONS

SEC. 20. New Structure and Pattern. - Upon the approval of this
Act, the relevant officers and employees of the transferred entities
under Section 20 of this Act, shall In a hold over capacity, continue
to perform their respective duties and responsibilities and receive
the corresponding salaries and benefits unless in the meantime they
are separated from government service as may be provided by law.

Subject to the approval of the Department of Budget and
Management, the Department shall, within six (6) months from the
effectivity of this Act, determine its organizational structure,


staffing pattern, operating system, and create new divisions or units
as it may deem necessary, and shall appoint officers and employees
ofthe Department in accordance with the civil service law, rules, and

regulations,

SEC. 21. Absorption or Separation from Service of Employees of
the Consolidated Agencies. - The existing employees of the agencies
transferred under the Department shall enjoy security of tenure and
shall be absorbed by the Department, in accordance with the new
staffing pattern and organizational structure as provided for in
Section 21 of this Act, and the selection process as prescribed under
Republic Act No. 6656, otherwise known as the "Government
Reorganization Law".

Employees opting to be separated from the service as a
consequence of the consolidation and reconstitution under the
provisions of this Act shall within one (1) month from their
separation or phase out from the service, receive separation benefits
in accordance with existing laws. In addition, those who are qualified
to retire shall be allowed to retire and be entitled to all benefits
provided, under any of the existing retirement laws.

SEC. 22. Rationalization and Other Transitory Provisions. - \n the
transfer of entity functions as prescribed in the Act, the following
rules shall be provided:

(a) Any transfer of entities shall include the functions,
appropriations, funds, records, equipment, facilities, other properties,
assets, and liabilities of the transferred entity as well as the personnel
thereof as may be necessary, who shall, in a hold over capacity,
continue to perform their respective duties and responsibilities and


receive the corresponding salaries and benefits, unless in the
meantime they are separated from government service pursuant to

existing laws. Those personnel from the transferred entity whose

positions are not included in the new position structure and staffing
pattern approved by the Secretary or who are not reappointed shall be
entitled to the benefits provided In the second paragraph of Section

22 hereof,

(©) Any transfer of functions which results in the abolition of
the entity that has exercised such transferred functions shall include,
as may be necessary to the proper discharge of the transferred
functions, the appropriations, funds, records, equipment, facilities,
other assets, and personnel of the entity from which such functions
have been transferred. The remaining appropriations and funds shall
revert to the General Fund and the remaining records, equipment,
facilities, and other assets shall be allocated to such appropriate units
as the Secretary shall determine or otherwise shall be disposed of, in
accordance with the pertinent laws, rules and regulations. The
liabilities, if any, of the abolished entity shall be treated likewise In
accordance with pertinent laws, rules and regulations. Incumbents
of the abolished entity shall, in a hold over capacity, continue to
perform their respective duties and responsibilities and receive the
corresponding salaries and benefits unless in the meantime they are
separated from government service pursuant existing laws. Any
such personnel whose position is not included In the new position
structure and staffing pattern approved by the Secretary or who is
not reappointed shall be entitled to the benefits provided in the
second paragraph of Section 22 hereof; and

(e) Any transfer of functions which does not result in the


abolition of the entity that has exercised such transferred functions
shall include the appropriations, funds, records, equipment,
facilities, other assets as well as the personnel of the entity from
which such functions have been transferred that are necessary to the
proper discharge of such transferred functions. The liabilities, If any,
which have been incurred in connection with the discharge of the
transferred functions, shall be allocated In accordance with pertinent
laws, rules and regulations. Such personnel shall, in a hold over
capacity, continue to perform their respective duties and
responsibilities and receive the corresponding salaries and benefits
unless in the meantime they are separated from government service
pursuant to existing laws. Any such personnel whose position Is not
included In the new position structure and staffing pattern approved
by the Secretary or who is not reappointed shall be entitled to the
benefits provided in the second paragraph of Section 15 hereof.

CHAPTER VI
THE OVERSEAS — FILIPINO
WORKERS DISTRESS AND
ASSISTANCE FUND

SEC. 23. Overseas Filipinos Assistance Fund. - The Legal
Assistance Funds provided for under Section 25 of Republic Act No.
8042, as amended, is abolished. In its stead, an Overseas Filipinos
Assistance Fund to address the needs of regular and irregular OF Ws
in distress, and those OFWs returning to the Philippines for good, in
the amount of Five Billion Pesos (P5,000,000,000) is hereby created.
‘The fund shall be allocated for the following purposes:

(a) Repatriation;

(b) Legal assistance, including litigation expenses, legal fees,


payment of translation fees, attendance in court hearings;

(c) Defraying necessary expenses andmaking payments forthelife-
saving rescue, medical and hospitalization expenses, retrieval,
and rehabilitation of OFWs In distress, as needed;

(d) Basic necessities of OFWs In emergency situations or in
detention; and

(e) Livelihood training and loans for OFWs who have decided
to return to the Philippines for good.

The Emergency Repatriation Fund created in Republic Act No.
8042, as amended, shall form part of the Overseas Filipinos
Assistance Fund. The Secretary shall issue guidelines, rules and
regulations on the proper management, utilization and disbursement of
the Fund. The Department shall submit a quarterly fund utilization
report to the Office of the President, copies of which shall be made
available toCongress.

CHAPTER VII

APPROPRIATIONS

SEC. 24. Appropriations. - The amount of One Billion Pesos
(P1,000,000,000.00)for the Initial operation of the Department shall
be sourced from the Contingent Fund of the President as well as from
the existing funds of the attached offices, bureaus, and agencies.
Subsequent funding requirements shall be Included in the annual
General Appropriations Act. The Department shall include in Its
proposed budget the necessary amount to enable It to achieve its
mandate.


CHAPTER VIII

MISCELLANEOUS

SEC. 25. Implementing Rules and Regulations. - The DFA, DOLE,
DBM, POEA, OWWA, CFO, NCRO and the 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. 26. Implementing Authority of the Secretary. - 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. 27. Separability Clause. - Any portion or provision of this
Act that is declared unconstitutional shall not have the effect of
nullifying other portions or provisions hereof as long as such
remaining portions can still subsist and be given effect In their
entirety.

SEC. 28. Repealing Clause. - All laws, ordinances, rules,
regulations, other issuances or parts thereof, which are inconsistent
with this Act, are hereby repealed or modified accordingly. This Act
does not repeal any benefits already provided and accorded to
Overseas Filipinos and Migrant Workers in other laws, ordinances,
rules, regulations and other issuances.

SEC. 29. Effectivity. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in a newspaper of

general circulation.

Approved ,