Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

329

House Bill No.

Introduced by Representative ROSE MARIE J. ARENAS

AN ACT ESTABLISHING AN EDUCATIONAL SCHOLARSHIP PROGRAM FOR
IMMEDIATE DEPENDENTS OF OVERSEAS FILIPINO WORKERS (OFWs),
BOTH SEA-BASED AND LAND-BASED, WHO DIED OR SUFFERED
PERMANENT DISABILITIES WHILE WORKING ABROAD OR OVERSEAS AND
APPROPRIATING FUNDS THEREFOR

EXPLANATORY NOTE

Based on available records of Philippine Statistics Authority (PSA), the number of
Overseas Filipino Workers (OFWs) who worked abroad at anytime middle of 2015 was
estimated at 2.4 million, with at least 97.1 % possessed with legal employment contracts. The
apparent magnitude of our OFW population has undeniably helped sustain the socio-

economic development of our nation.

Their mounting annual dollar remittances are considered significant sources of human
capital development, since the money goes straight to their households and address various
needs for their family's sustenance suc food, shelter and education. Further, the Bangko
Sentral ng Pilipinas or BSP reported earlier this year that the total cash remittances sent via
the formal banking networks by Overseas Filipino Workers (OFWs) summed to $25.76
Billion in 2015, up 4.6 percent from $24.63 billion in 2014

Verily, our OFWs remain the backbone of our economy, for which we regard them us

our modern day heroes.


This bill was first introduced by ANGKLA partylist during the 17" Congress.

(OSE Serb
Representati

3” District, Pangasianan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

329

House Bill No.

Introduced by Representative ROSE MARIE J. ARENAS

AN ACT ESTABLISHING AN EDUCATIONAL SCHOLARSHIP PROGRAM FOR
IMMEDIATE DEPENDENTS OF OVERSEAS FILIPINO WORKERS (OFWs),
BOTH SEA-BASED AND LAND-BASED, WHO DIED OR SUFFERED
PERMANENT DISABILITIES WHILE WORKING ABROAD OR OVERSEAS AND
APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SEC 1. Short Title. - This Act shall be known and cited as the "OFW Dependents
Educational Scholarship Act of 2016.”

SEC. 2. Coverage. - This Act shall cover immediate dependents of Overseas
Filip:zno Workers (OFWs), whether documented or undocumented, who died or
suffered total and permanent disabilities while working abroad. The said immediate
depeadents are interested and qualified to pursue an educational course or training
primarily in the field of science and technology.

SEC. 3. Declaration of Policy. - This Act is in furtherance of the State Policies
provisions of the Constitution, to wit

1. Section 12, Article II, of the Constitution states: "The State recognizes the
sanctity of family life and shall protect and strengthen the family as a basic
autonomous social institution. It shall equally protect the life of the mother and
the life of unborn from conception. The natural and primary right and duty of
parents in the rearing of the youth for civic efficiency and the development of
moral character shall receive the support of the Government."


Section 1, Article XV, of the Constitution provides: “The State
recognizes the Filipino family as the foundation of the nation.
Accordingly, it shall strengthen its solidarity and actively promote its
total development.”

»

Section 3, (2) of the same article which says: “The State shall defend: (2)
‘The right of children to assistance, including proper care and nutrition,
and special protection from all forms of neglect, abuse, cruelty,
exploitation, and other conditions prejudicial to their development.”

4. Section 2, (3) Article XIV of the Constitution provides: “The State shall:
(3) Establish and maintain a system of scholarship grants, student loan
programs, subsidies, and other incentives which shall be available to
deserving students in both public and private schools, especially to the
underprivileged.”

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Article 149 of the Family Code refers to the family as a “basic social
institution which public policy cherishes and protects.”

6. Section 18, Article Il, of the Labor Code states: “The State affirms labor
as a primary social economic force. It shall protect the rights of workers
and promoie their welfare.”

SEC. 4. Definition of Terms. - As used in this Act, the following terms
shall be defined as:

a). “Overseas Filipino Worker (OFW)” shall refer to a person, whether
documented or undocumented, who is to be engaged, is engaged or has been
engaged in a remunerated activity in a state of which he or she is not a citizen,
or on board a vessel navigating the foreign seas other than a government ship
used for military or non-commercial purposes, or on an installation located
offshore or on the high seas; to be used interchangeably with migrant worker.

b). “Immediate dependent” refers to the legitimate, legitimated or
legally adopted, unmarried and not gainfully employed child of an Overseas
Filipino Worker.

©). “total and permanent disability” if as a result of the injury or sickness
the person is unable to perform any gainful occupation for a continuous
period exceeding 120 days.

d). “Documented Overseas Filipino Workers (OFW) or Migrant
Workers” refer to those:


1). who possess valid passports and visas or permits to stay in the
host country and whose contracts of employment have __ been processed by
the POEA; or

2), Registered by the Migrant Workers and Other Overseas
pinos Resource Center or by the Embassy.

Those who do not fall under the preceding paragraph are considered
undocumented OFWs or Migrant Workers.

e). “Undocumented Filipinos” refer to those:
1. who acquired their passports through = fraud_—or

misrepresentation;

. who possess expired visas or permits to stay;

. who have no travel document whatsoever;

. who have valid but inappropriate visas;

who leave the country to work abroad without any

documentation from the POEA;

. who initially have papers from the POEA but whose validity
expired.

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SEC. 5. Objective. -The paramount objective of this Act is to provide
assistance to immediate dependents of Overseas Filipino Workers who died
or suffered total and permanent disability while working abroad or overseas
by providing educational scholarship programs as a form of recognition by
the State of the OFWs significant contribution to the national economy.

SEC. 6. Appropriation. - The amount necessary to effectively implement
the provisions of this Act shall be included in the annual General
Appropriations Act. However, for the initial budgetary requirements of this
‘Act, the amount of One Hundred Million Pesos (P100,000,000.00) is hereby
appropriated for the purpose.

SEC. 7. Implementing Rules and Regulations. - The Secretary of the
Department of Labor and Employment (DOLE) is hereby tasked to implement
this Act and shall, in coordination with the Department of Education (DepEd),
the Philippine Overseas Employment Administration (POEA), the Overseas
Workers Welfare Administration (OWWA), and other concerned government
agencies, formulate the necessary implementing rules and regulations to
effectively implement the provisions of this Act within ninety (90) days after
its effectivity.


SEC. 8. Repealing Clause. - All laws, decrees, executive orders,
issuances, rules and regulations which may be inconsistent with any of the
provisions of this Act, are hereby deemed repealed, amended or modified
accordingly.

SEC. 9. Effectivity. - This Act shall take effect fifteen (15) days after its
complete publication in two (2) newspapers of general circulation.

Approved,