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Republic of the Philippines
HOUSE OF REPRESENTATIVI
Quezon City
17% CONGRESS
First Regular Session
bay |
House Bill No. | pis

Introduced by Representative Wes Gatchalian

EPLANATORY NOTE

As one of the country’s premier jurists once wrote, “Social Justice is written
in every sentence of our constitution.” This commitment formally concretized in
Article XIII of the constitution as it declared that, "The Congress shall give highest
priority to the enactment of measures that protect and enhance the right of all the
people to human dignity, reduce social, economic, and political inequalities, and
remove cultural inequities by equitably diffusing wealth and political power for the
common good.” Given these, it is here submitted that in every area of society where
a class of our citizens are disenfranchised, the Congress is duty bound that they be
empowered. This bill therefore proposes the enactment of the “Magna Carta of the
Out-of-School youth” to affirm their human dignity and to provide and protect them
with rights.

According to a Study conducted by the Philippine Statistics Authority going
back to 2010, there are 6.24 million out-of-school youth that year, mainly due to a
lack of personal interest to go to school, followed by the high cost of education and
the desire to work. Another study conducted by the World Bank entitled *Out-of-
School Children and Youth in the Philippines: Issues and Opportunities", "It is
estimated that there are currently between 8 and 10 million out-of-school youth in
the Philippines, and that their number has trebled in the last decade." With these
staggering realities, these members of our society have been the frequent subject of
abuses, unfair labor practices, and ultimately a stranded citizen in economic
destitution,

To answer these problems, this bill proposes that certain rights of these
youths as to education and employment be specially protected by the State, under
pain of penalty in case of their violation. In addition an Out-of-School Youth Welfare
Council must also be established to specifically work on the special needs of Out-of-
School Youths.

Immediate approval of this bill is earnestly sought.

Wes Gatchalian
Representative
15 District Valenzuela

ENT ATIVES



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
17% CONGRESS
First Regular Session

2649

House Bill No.

Introduced by Representative Wes Gatchalian

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-School-Youth."

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:

a) 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;

c) Provide an Alternative Learning System and a program for
technical or vocational education for the out-of-school youth;

d) _ 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

e) 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 II

DEFINITION OF TERMS
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)  Out-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 post-secondary course;
©) Social Protection refers to policies and programs that seek to
reduce poverty and vulnerability to risks and enhance the social
status and rights of all 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 risk. Its components are labor market programs, social
insurance, social welfare, and social safety nets;
d) Substantive Equality refers 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;
e) Technical/ Vocational Education refers 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
f) TESDA Graduate shall refer to out-of-school youth who
completed a vocational/technical 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

c) 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. 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 before the 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

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 education;

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;

c) 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.

d) 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 (DT), shall assess, design, and
implement training programs that will provide skills and welfare or
livelihood support for out-of-school youth.

CHAPTER VI
MANDATORY TECHNICAL AND VOCATIONAL EDUCATION

SEC. 12. Mandatory Technical/Vocational Education. - It shall be the
duty of the State to provide mandatory technical or vocational
education to the 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. Alternative Learning System. - The Alternative Learning
Mode of Education shall be made available to out-of-school youth in
the barangays.

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.

SEC. 14. Cost of Education. - The cost of the technical or vocational
education shall be provided for by the government and shall be free
of charge to the out-of-school youth.

SEC. 15. Educational Support. - The State shall provide for all the
materials, instruments and tools that the out-of-school youth may
need while enrolled in the technical or vocational education.

SEC. 16. 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, 17. TESDA Adviser. - A TESDA officer shall be assigned to
monitor the progress and development of the out-of-school youth in
the chosen technical/vocational course.

SEC. 18. Promotion to Formal Tertiary Education. - The TESDA
adviser, subject to review by the Out-of-Sthool Youth Welfare
Council, as provided for in Section 28 of this Act, may recommend an
out-of-school youth to be a recipient of a scholarship grant from the
CHED.

SEC. 19. Scholarship. - The out-of-school youth shall be provided a
scholarship grant by the CHED. The scholarship shall include tuition
fee, boarding allowance and a monthly stipend.

SEC. 20. Scholarship Bond. - The out-of-school youth who avails of the
scholarship grant 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.

CHAPTER VII
EMPLOYMENT AND ENTREPRENEURAL FACILITATION

SEC. 21. 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. 22. 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. 23. 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:


a) 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, participate in the decisions that
affect their lives, and equality of opportunity and treatment for all
women and men; and

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. 24. 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.

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

CHAPTER VIII

ESPECIALLY DIFFICULT CIRCUMSTANCE
SEC. 25. 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

a) Counseling

e) Psychiatric evaluation

f) Legal services

g) Productivity skill capability building
h) Livelihood assistance

i) Financial assistance

SEC. 26. Inter-agency Support. - The 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. 27. 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. 28. 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) Secretary of Social Welfare and Development or a duly
authorized
representative, as chairperson;
b) Secretary of Education or a duly authorized representative, as
vice-chairperson;
c) _ Secretary of Health or a duly authorized representative, as
member;
d) Secretary of Labor and Employment or a duly authorized
representative, as member;
e) Director General of the Technical Education and Skills
Development Authority or a duly authorized representative, as
member;
f) Chairperson of the National Youth Commission or a duly
authorized representative, as member;
g)Two (2) representatives from the private sector, as members; and


h) 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. 29. 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;

c)  Toassist the out-of-school you 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. 30. 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, 31, Out-of-school Youth Office (OSYO) - There may be
established in cities and municipalities, if they deem it necessary, an
out-of-school office 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 upa 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;

c)  Toservice 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;

e) To report to the mayor, any individual, establishments,
business entity, institutions or agency found violating any provision
of this Act; and

f) 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 32. Role of Non-Government Organizations. - Non-government
organizations or private volunteer organizations dedicated to the
promotion, enhancement, and support of the welfare of out-of-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 32. 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 (P50,000.00) 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

c) Any person who avails of any of the benefits and privileges


granted under this Act who is not qualified to avail the saine,
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 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. 33. Implementing Rules and Regulations. - Within ninety (90)
days from the effectivity of this Act, the Board of Directors of the Out
of School Youth Welfare 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. 34. 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.

SEC. 35, 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. 36. Repealing Clause. - The provisions of other laws, decrees,
executive orders, rules and regulations inconsistent with this Act are
hereby repealed, amended, or modified accordingly.

SEC. 37. 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,