9
EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
)
SENATE
S. No. 141
€^:uate
f 1-; nu’
1 
''1-2 All 08
Introduced by Senator Cynthia A. Villar
AN ACT
CREATING THE 
DEPARTMENT OF 
MIGRATION 
AND 
DEVELOPMENT, 
DEFINING 
ITS POWERS AND 
FUNCTIONS, APPROPRIATING 
FUNDS 
THEREFOR, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The presence of Filipinos in other countries is certainly not miniscule. As of 
December 2013, the Commission on Filipino Overseas estimated that there are 
around 10.2 million1 Filipinos overseas, mostly as migrant workers; and their 
numbers are constantly growing. 
The latest statistics show that around 2 million 
Filipinos2 leave the country every year to work abroad, carrying their auspicious 
hopes and dreams to amply provide for their families and secure a brighter future. 
Rather than remain in the country eking out a living and earning a measly income, 
many choose to live away from their loved ones and endure tough working 
conditions for higher wages and salaries.
The contribution of the Filipinos working overseas to the Philippine economy is 
likewise not miniscule. 
The Filipino migrant workers have been consistent dollar
1 http://www.cfo.gov.ph/im ages/stories/pdf/StockEstim ate2013.pdf
2 Philippine Statistics Authority, 2018 Survey on Overseas Filipinos


earners for the country. Their remittances are considered a significant contributor to 
the country's gross domestic product, and their role in keeping the economy buoyant 
is well acknowledged. Based on the Bangko Sentral ng Pilipinas (BSP) figures, the 
cash remittances in 2018 sent via the formal banking networks by overseas Filipino 
workers (OFWs) amounted to $ 28.94 billion, while their personal remittances or 
those fund transfers that were not captured by the banking sector for the same year 
amounted to $ 32.21 billion.3
In keeping with the constitutional guarantee of giving full protection to labor, 
local and overseas alike4, the government has established the Philippine Overseas 
Employment 
Administration 
(POEA) 
and 
the 
Overseas 
Workers 
Welfare 
Administration (OWWA) in order to protect and enforce the welfare and rights of our 
Filipino migrant workers. However, despite the presence of the POEA and OWWA, 
even taking into account the assistance provided by the Department of Foreign 
Affairs, quite a number 
of our Filipino overseas still see that they are being 
neglected by government. 
There are reports of numerous complaints and 
resentment towards government harbored by overseas Filipino workers apparently 
brought about by the perceived government's delayed and inadequate support and 
assistance while they are facing difficult predicaments abroad.
Considering the foregoing, I submit that it is timely and appropriate to create 
a government agency in the executive Department, aptly called the Department of 
Migration and Development, which shall have the exclusive function of essentially 
protecting the welfare and enforcing the rights of our Filipinos overseas. 
Hence, this 
measure will transfer POEA and OWWA as attached agencies, and other related 
agencies that deals with OFW affairs, to the newly created Department thereby 
empowering this Department to adequately support and give assistance to our 
Filipinos overseas.
Henceforth, I recommend the immediate approval of this bill
CYNTHIA A. VILLAR
3 http://w w w .bsp.gov.ph/statistics/keystatyofw.htm
4 Section 3, Article X III, 1987 Philippine Constitution


EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
)
.! 
S'l'iuite
•r r( iji-
‘iy 
JUL -2 All «8
SENATE
S. No. 141
Introduced by Senator Cynthia A. Villar
AN ACT
CREATING THE 
DEPARTMENT OF 
MIGRATION 
AND 
DEVELOPMENT, 
DEFINING 
ITS POWERS AND FUNCTIONS, APPROPRIATING 
FUNDS 
THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House o f Representatives o f the Phiiippines in 
Congress assembied:
1 
Section 1. Short Tide. -  This Act shall be known as the "Department of
2 
Migration and Development Act of 2019."
3 
Sec. 2. Deciaration o f Poiicy. -  The State shall, as a primordial economic
4 
policy, promote full local employment and decent work for all Filipinos within the
5 
national borders. However, for Filipinos living and working overseas, every effort
6 
must be undertaken to ensure their safety, secure their rights, and promote their
7 
general welfare and development. In the same light, it is also the duty of the State
8 
to look after, secure and broaden socio-economic opportunities for families left
9 
behind.


1 
Sec. 3. Creation o f a Department o f Migration and Development -  There is
2 
hereby created a Department of Migration and Development, hereinafter referred to
3 
as the Department, which shall, among others, recommend and implement the
4 
government's policies, plans and programs for the promotion of protection, safety,
5 
development, support, of and for Filipinos overseas and their families left behind.
6 
Sec. 4. Mandate. -  The Department shall be the primary policy, planning,
7 
coordinating, implementing, and administrative entity of the executive branch of the
8 
government that will plan, develop, and manage the national migration and
9 
development agenda that is supportive and complimentary to national efforts to
10 
create, sustain, and strengthen local employment and decent work within the
11 
country's borders.
12 
Sec. 5. Powers and Functions. 
-  The Department shall have the following
13 
powers and responsibilities which shall be exercised by its offices;
14 
1) 
Formulate and recommend national policies and guidelines and
15 
conduct in-depth studies on all policy areas and options that will ensure protection of
16 
Filipino migrants and address perennial issues they face abroad, in consultation with
17 
the relevant stakeholders;
18 
2) 
Assess, review, harmonize and coordinate all overseas Rlipino
19 
worker-related local policies and procedures and international agreements to ensure
20 
overall consistency and implementation of the national policies;
21 
3) 
Promote, advance and implement general and specific government
22 
objectives regarding migrant Filipinos or OFW activities, programs, welfare and
23 
interests;
24 
4) 
Build a strong and harmonious partnership with foreign countries and
25 
the private sectors to formulate strategies and implement the same;


1 
5) 
Represent and negotiate for Philippine interest on matters pertaining to
2 
overseas Filipino affairs in international bodies;
3 
6) 
Develop, implement and improve coordination with other countries
4 
with the presence of overseas Filipinos and monitor foreign developments to ensure
5 
humane and the most reasonable and working conditions for the OFWs and create a
6 
proactive approach in providing assistance to them especially in times of war and
7 
civil unrest, whether potential or apparent;
8 
7) 
Promote knowledge, information and resource sharing, and develop a
9 
database to assist overseas Filipinos anywhere in the world;
10 
8) 
Coordinate and support the generation of resources or funds for use of
11 
overseas Filipinos;
9) 
Conduct symposia, consultations and seminars on effective programs 
relating to overseas Filipinos;
12 
10) 
Assist and provide technical expertise in the troubleshooting of
13 
overseas Filipinos in distress and tap the services of personnel, foreign and local,
14 
with expertise to help in the repatriation of overseas Filipinos, if needed;
15 
11) 
Promote, develop and monitor the continuing education, training and
16 
qualification, availability and deployment of OFWs and coordinate with concerned
17 
agencies in the training of overseas Filipinos to improve their competitiveness
18 
globally;
19 
12) 
Coordinate with concerned government agencies in the training and
20 
support of Rlipinos who have worked abroad and are returning to the country;
21 
13) 
Ensure that there are existing and effective reintegration programs for
22 
returning OFWs;


1 
14) 
Regulate and guide the business activities relative to the deployment of
2 
Filipino workers and other related activities;
3 
15) 
Promulgate rules and regulations for the implementation of its
4 
guidelines and policies and related laws;
5 
16) 
Administer, accept, hold and utilize property, both personal and real,
6 
subject to limitations by existing laws, for the purpose of assisting of expediting the
7 
work of the Department; and
8 
17) 
To perform such other functions, as may be needed to achieve the
9 
objectives provided under this Act.
10 
Sec. 6. Composition. -  The Department shall be headed by a Secretary. The
11 
Department proper shall be composed of the Office of the Secretary, the Offices of
12 
the Undersecretaries and the Assistant Secretaries.
13 
Sec. 7. Secretary o f Migration and Development -  The Secretary shall be
14 
appointed by the President, subject to confirmation by the Commission on
15 
Appointments.
16
17
18
The Secretary shall have the following functions:
a) 
Provide executive direction and supervision over the entire operations 
of the Department and its attached agencies;
19
20 
21
b) 
Establish policies and standards for the effective, efficient and 
streamlined operations of the Department, in accordance with the 
programs, services and priority agenda of the national government;
22
23
c) 
Review and approve request for financial and manpower resources of 
all operating offices of the Department;


2
3
1
d) 
Designate and appoint officers and employees of the Department, 
exciuding the Undersecretaries, Assistant Secretaries and Directors, in 
accordance with the Civii Service laws, rules and regulations;
4
5
6
7
8
e) 
Collaborate with other government agencies and public and private 
interest groups, including all industry associations and civil society 
groups, and migrants workers' desks all over the country as well as 
Filipino community groups abroad on Department policies, programs 
and initiatives;
9
10
11
f) 
Undertake regular consultations and joint planning sessions with the 
heads of pertinent government agencies on matters relevant to the 
welfare and development of migrants and their families;
12
13
14
g) 
Extend advice to the President on the promulgation of executive and 
administrative orders and regulatory and legislative proposals on 
matters pertaining to Filipino migrants;
15
16
h) 
Coordinate and oversee all policies and programs relevant to migration 
and development;
17
18
i) 
Formulate such rules and regulations and exercise such other powers 
as may be required to implement the objectives of this Act; and.
19
20
j) 
Perform such other tasks as may be provided by law or assigned by 
the President from time to time.
21 
Sec. 8. Undersecretaries. - The Secretary shall be assisted by three (3)
22 
undersecretaries, who shall be appointed by the President upon the recommendation
23 
of the Secretary. 
Provided, that one (1) of the undersecretaries shall be a career
24 
officer with at least ten (10) years of experience from the ranks of government labor-


1 
oriented agencies. The undersecretaries shall aid the Secretary in the performance
2 
of his/her operational duties 
and shall perform such other functions as may be
3 
directed by the Secretary.
4 
Sec. 9. Assistant Secretaries. -  The Secretary shall be assisted by three (3)
5 
assistant secretaries who 
shall 
be appointed 
by the 
President 
upon 
the
6 
recommendation of the Secretary. Provided, that priority shall be given to career
7 
officers.
8 
Sec. 
10. 
Qualifications. -  
No 
person 
shall 
be 
appointed 
Secretary,
9 
Undersecretary, or Assistant Secretary of the Department unless he or she is a
10 
citizen and resident of the Philippines, of good moral character, of proven integrity
11 
and with at least ten (10) years of competence and expertise in the field of migration
12 
and development.
13 
Sec. 11. Regional Offices. -  
The Department may establish, operate, and
14 
maintain a regional office in the different administrative regions of the country as the
15 
need arises. Each regional office shall be headed by a Regional Director, who may
16 
be assisted by one (1) Assistant Regional Director. The Regional Director and
17 
Assistant Regional Director shall be appointed by the President. The regional offices
18 
shall have, within their respective administrative regions, the following functions:
19 
a) 
Implement 
laws, 
policies, 
plans, 
programs, 
projects, 
rules 
and
20 
regulations of the Department;
21 
b) 
Provide efficient and effective service to program beneficiaries and all
22 
stakeholders;
23 
c) 
Coordinate with regional offices of other departments, offices, and
24 
agencies;
25
d) 
Coordinate with the LGUs; and


1 
e) 
Perform such other functions as may be provided by law or assigned by
2 
the Secretary.
3 
Sec. 12. Attached Agencies. -  The following agencies shall be attached to the
4 
Department for policy and program coordination, and shall continue to function in
5 
accordance with the charters, laws or orders creating them, unless inconsistent with
6 
the substance and spirit of this Act:
7 
1) 
Philippine Overseas Employment Administration (POEA); and
8 
2) 
Overseas Workers' Welfare Administration (OWWA)
9 
Sec. 13. Transfer o f Bureaus, Offices and Agencies. -  The following bureaus,
10 
offices and agencies are hereby transferred from their respective departments (as
11 
shown in parenthesis) to the Department.
12
13
14
a)
International Labor Affairs Bureau (ILAB), including all Philippine 
Overseas Labor Offices, with direct supervision over Labor Attaches and 
Welfare Officers and the Filipino Workers Resource Centers
15
b)
Overseas Absentee Voting Secretariat (Department of Foreign Affairs)
16
c)
Commission on Filipinos Overseas (Office of the President)
17
d)
National Reintegration Center for OFWs (OWWA)
18
e)
Repatriation Unit (POEA)/ Repatriation Assistance Division (OWWA)
19
f)
Conciliation Unit (POEA)
20
g)
Anti-Illegal Recruitment Branch (POEA)
21
h)
Workers Education Division (POEA)
22
i)
PDOS unit (OWWA)


j) 
Government Placement Branch (POEA)
3
4
5
6 
7
2
k) 
Adjudication Office (POEA)
l) 
Overseas Operations Coordination Service -  24/7 hotline (OWWA)
m) 
Social Service Office (Department of Social Welfare and Development)
n) 
Pertinent offices of MARINA in relation to the training, certification, and 
setting and monitoring of standards concerning international seafarers 
(Department of Transportation and Communications)
8 
The laws and rules on government reorganization as provided for in Republic
9 
Act No. 6656, otherwise known as the Reorganization Law, shall govern the
10 
reorganization process of the Department.
11 
The Department may create sectoral, industry, and/or geographic task forces,
12 
technical working groups, advisory bodies or committees in furtherance of its
13 
mandate and objectives. Private sector representatives may be designated members
14 
of such working groups in addition to representatives drawn from local and national
15 
government agencies, as the need arises.
16 
An inter-agency coordinating Council on Migration and Development, shall be
17 
composed of the secretaries of the following departments:
18 
1) 
The Department of Migration and Development;
19 
2) 
The Department of Foreign Affairs (DFA);
20 
3) 
The Department of Labor and Employment (DOLE);
21 
4) 
The Department of Justice (DOJ);
22 
5) 
The Department of Social Welfare and Development (DSWD); and
23 
6) 
The Department of the Interior and Local Government (DILG)
24 
Death row cases involving blood money, terrorism, drug-trafficking, human
25 
trafficking as well as large-scale illegal recruitment cases involving Filipino workers.


1 
and urgent cases involving overseas or their families left behind that require
2 
humanitarian 
assistance 
shall 
fall 
under the 
purview of this 
Inter-Agency
3 
Coordinating Council with appropriate recommendations for the consideration of the
4 
Office of the President.
5 
Sec. 14. Establishment o f One-Stop Migrant Assistance Centers. -  
The
6 
Department, in partnership with other government agencies, shall establish One-Stop
7 
Migrant Assistance Centers in all major capital towns and cities nationwide to ensure
8 
prompt, efficient, vital and relevant services to migrant Filipinos and their families to
9 
include passport and authentication services, acquisition of government clearances
10 
and permits, validation of overseas job offers, reintegration services and all pertinent
11 
seminars and workshops for all stakeholders.
12 
Sec. 15. Separation and Retirement from Service. -  
Employees separated
13 
from the service as a result of this reorganization shall, within ninety (90) days
14 
therefrom, receive the retirement benefits to which they may be entitled under
15 
existing laws, rules, and regulations.
16 
Sec. 16. Structure and Staffing Pattern. -  The Department shall determine its
17 
organizational structure and create new divisions or units as it may deem necessary,
18 
and shall appoint officers and employees of the Department in accordance with the
19 
Civil Service law, rules, and regulations.
20 
Sec. 17. Special Assistance Revolving Fund. - A Special Assistance Revolving
21 
Fund for Filipino Migrants, including both documented and undocumented, in the
22 
amount of One Billion Pesos (PHP 1,000,000,000.00) is hereby created. Hereinafter
23 
referred to as the Special Assistance Fund for Filipino Migrants, the fund shall be
24 
utilized for the following purposes:
25
26 
27
a) 
Emergency repatriation;
b) 
Medical expenses, hospitalization, and purchase of medicines for 
repatriated migrants with dreaded or severe diseases;


2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
1
c) 
Immigration penalties for overstaying, indigent and ailing overseas 
Filipino workers, as well as victims of human trafficking and illegal 
recruitment;
d) 
Legal assistance for labor cases involving ten or more Filipino workers;
e) 
Payment of blood money, when recommended by the Department, in 
consultation with the DOJ and DFA;
f) 
Humanitarian assistance to families left behind, particularly in times of 
calamity;
g) 
Basic necessities of OFWs in embassy shelters or for those under 
detention;
h) 
Scholarships for children of Rlipinos overseas who are victims of injustice 
involving modern slavery, human rights violations, and politicai as well as 
economic upheavals.
i) 
Maintenance and operational expenses including capital outlay for the 
establishment of One-Stop Migrant Processing and Assistance Centers in 
ali regions inciuding the central office of the Department.
17 
Sec. 18. Appropriations. -  The appropriations of bureaus, agencies, and
18 
offices identified in Section 13 of this Act shall be transferred to the Department.
19 
Provided, that the amount needed for the initial implementation of this Act shall be
20 
taken from the current fiscal year's appropriation of the transferred agencies.
21 
Thereafter, the amount needed for the operation and maintenance of the
22 
Department including the Special Assistance Revolving Fund shall be included in the
23 
General Appropriations Act.
24 
The proceeds from the Documentary Stamp Tax (DST) accruing from dollar
25 
remittances of overseas Filipinos, as determined by Congress, shall be used to
26 
ensure the efficient and effective operations of OFW One-Stop Assistance Centers
27 
throughout the country.
10


1 
Sec. 19. Separability Clause. -  If any portion or provision of this Act is
2 
declared unconstitutional or invalid, the remainder of this Act or any provisions
3 
hereof not affected thereby shall continue to be in force and effect.
4 
Sec. 20. Repealing Clause. -  Any law, presidential decree or issuance,
5 
executive order, letter of instruction, rule or regulation inconsistent or contrary to the
6 
provisions of this Act is hereby repealed or modified accordingly.
7 
Sec. 21. Effectivity. -This Act shall take effect after fifteen (15) days following
8 
its complete publication in the Official Gazette or a newspaper of general circulation.
9 
Approved,
11