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

SIXTEENTH CONGRESS
Second Regular Session

House Bill No. 5896

Introduced by Honorable Sherwin T. Gatchalian

EXPLANATORY NOTE :

The youth are the foundation of our country’s future, The hope of every
State is the education of its youth. It is therefore unfortunate that many of our
children are denied the opportunity to pursue a quality education, if not, have
an education at all.

According to a Study conducted by the Philippine Statistics Authority
last 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
“Qut-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.”

Furthermore, according to the study, the largest number of out-of-school
youth is concentrated in the National Capital Region. However, the highest
rates of increase of out-of-school youth populations and the highest drop-out
rates, particularly in elementary school, have been in the provinces of
Mindanao and ARMM. This only shows that the problein of out-of-school youth
is not limited to the National Capital Region but is now spreading across the
other regions in the country.

The problem of out-of-school youth is an undeniable reality that
currently confronts our State. Hence it is the duty of Congress to pass laws
that will curve the numer of out-of-school youth and protect their rights as
provided for by the Constitution. To this end, this measure seeks to provide for
a Magna Carta of the out-of-school youth that will expound their rights. More
importantly, this Act shall mandate an affirmative action program by the



government to ensure the welfare of out-of-school youth and enhance their
quality of life

In the interest of justice and social equity and for the future of this
country, support for the passage and approval of this legislation is earnestly

sought.



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

SIXTEENTH CONGRESS
Second Regular Session

House Bill No. 58 96

——
Introduced by Honorable Sherwin T. 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: :

CHAPTER I
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;

©) 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


©) 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 cours

¢) 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

)  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 Il
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;

©) 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 ariel 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 (DTI), 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
inchide small business management education and new approaches on hew 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-School 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 VIL
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 aéceptable 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 ail 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 @mployment 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 stetus, 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 ‘i

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

c) Psychological evaluation

d) Counselling

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;

©) _ Secretary of Health or a duly authorized representative, as member;

a) Secretary of Labor and Employment or a duly authorized
representative, as member;

©) 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;

b) To provide funds and supervision for provincial and municipal
offices for the impléinentation of this Act.


c) To assist the out-of-school you in filing complaints or charges
against any person, establishment, institution, or agency ‘efusing to
comply with the rights under this Act before the Department of Justice
(DO4) 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 youth
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 up a list of available and required services which can be
provided for out-of-school youth; ¥

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

the country;

c} To service as a general information and liaison center to serve the
needs of the out-of-school youth;


d) 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

) 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 i
FINAL PROVISIONS

SEC 33. 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 same, imprisonment of not
less than six (6) months and fine of not less than Fifty thousand pesos
(P50,000.00) but not more than One hundred thousand pesos
(P100,000.00).


If the offender is a corporation, organization or any similar entity, the
officials thereof directly involved in the violation or abuse shall be liable
therefor.

If the offender is an alien or foreigner, he shall be deported immediately
‘upon service of sentence without further proceedings.

Upon filing of the appropriate complaint or information, the proper
authorities in coordination with the 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 assmay
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,