Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 2066

Introduced by Honorable Wes Gatchalian

AN ACT
PROVIDING FOR THE MAGNA CARTA OF THE
OUT-OF-SCHOOL YOUTH

Explanatory Note

The Philippine Out-of-School-Youths continue to remain high despite
several efforts of the national government. Official statistics generated by the
Philippine Statistics Authority (PSA) indicate that one of every ten Filipino
youths aged 6 to 24 are counted among the OSY population.

Although the conduct of programs for OSY needs are important, it is
evident that these existing public-sector-led strategies and interventions
that are designed to reduce the Filipino OSY population are often deployed
without adequate coordination and foresight. Thus, there is an urgent need
to institutionalize an inter-agency framework capable of coordinating,
rationalizing and maximizing the impact of short-term, medium-term, and
long-term interventions. These interventions must not only concentrate on
reducing the number of OSYs but should be able to address the symptoms
and effects of the OSY issue, and strengthen their capacity to acquire mid-
level and high-level proficiencies in emerging high-value knowledge-based
industries. This is the salient feature of this measure.

The proposed Magna Carta for OSY seeks to provide a framework
upon which aid can be deployed to youths forced out of the formal education
system and institutionalizing interventions that shall target their cognitive,
physical, emotional and social development.

For its effective implementation, the Advisory Council created under
R.A. 8044 entitled the “Youth in Nation Building Act” shall plan, coordinate
and monitor yearly work programs pursuant to the objectives of the Act


alongside the local Social Welfare and Development Officer of every Local
Government Unit.

This bill has been filed by the undersigned during the 17 Congress
and was passed on 3 reading by the House of Representatives. Its Senate
counterpart reached second reading.

Cognizant of these issues, it is proposed that the passage and
approval of this legislation is earnestly sought, for the welfare and
improvement of the quality of life of our OSY.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

2066
HOUSE BILL NO.

a

Introduced by Honorable Wes Gatchalian

ee

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 1
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/vocational education for the out-of-school youth;

(4) 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


()

(b)

()

(a)

(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
DEFINITON OF TERMS

SEC. 3. Definitions. - As used in this Act:

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;

Out-of-school Youth refers to members of the population aged 15 to 30
years old who are currently out of school, not gainfully employed, and
have not finished college or a 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 the
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;

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;

Technical/Vocational Education refers to the education or training
process where it involves, in addition to general education, the study of
technologies and related sciences and the acquisition of practical skills
relating to occupations in various sectors of economic life and social
life, comprises formal (organized programs as part of the school
system), and non-formal (organized classes outside the school system)
approaches; and

TESDA Graduate refers to a student or trainee who has completed the
requirements set for a Technical Education and Skills Development
Authority (TESDA)-registered TVET course/ program.

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 be guided by progressive developments in human
rights of out-of-school youth under international law, and endeavor to
design policies, laws, and other regulatory measures to fulfill these duties. It
shall institute programs that will carry out the objectives of this Act. It shall
promote:

(a) The protection of the rights of the out-of-school youth against
discrimination by private corporations, entities, and individuals; and

(b) The substantive equality in the rights of out-of-school youth in all
spheres of growth and development.

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. Representation of Out-of-School Youth Issues and Concern
in Media and Film. - The State shall formulate policies and programs for
the advancement of out-of-school youth, in collaboration with government
and non-government 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 peoples 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 culture[s] and way(s] 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 local
government units (LGUs) and 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 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 LGUs and NGOs and other relevant
stakeholders 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 improvements of self;

(2) After Care Services for out-of-school who are discharged from the
homes or institutions of the DSWD and other private institutions
duly accredited by DSWD, especially those who have problems of
reintegration with family and community.

(a) Employment - The Department of Labor and Employment (DOLE), in
coordination with other government agencies such as, but not limited
to, the Department of Trade and Industry (DTI) and TESDA, shall


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

CHAPTER VI
EDUCATION

SEC. 12. Mandatory Technical/Vocational Education. - It shall be
the duty of the State to provide mandatory technical/vocational education to
out-of-school youth. The course shall be provided and/or managed by
TESDA in accordance with its Training Regulations

SEC. 13. Education Cost and Support. - The technical/vocational
education shall be offered by the State free of charge to the out-of-school
youth. The State shall likewise provide materials, instruments, and tools
that the out-of-school youth may need while enrolled in a
technical/vocational course, as well as sufficient allowance to cover
transportation and other related costs for the duration of the training.

SEC. 14. Skills Development Coordinators at the LGUs. - The LGUs,
through the Community Training and Employment Coordinators (CTECs) or
duly designated LGU personnel, shall have the responsibility of monitoring
the progress and development of the OSYs in the chosen
technical/vocational course by requiring the technical vocational
institutions (TVIs) to submit, among others, regular enrollment and
completion reports of the programs being implemented.

SEC. 15. Promotion to Formal Tertiary Education. - The local Social
Welfare and Development Officer may recommend an out-of-school youth to
be a recipient of a scholarship program from the CHED under either
Republic Act 10931 or the Universal Access to Quality Tertiary Education
[Without prejudice to] or Republic Act No. 10687 or the Unified Student
Financial System for Tertiary Education Act (UniFAST).

SEC. 16. Entrepreneurial Education. - The DTI, in coordination with
TESDA and other relevant government agencies, 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. Alternative Learning System. - The Alternative Learning
Mode of Education shall be made available to out-of-school youth in the
barangays.

For out-of-school youth who are in the custody of a home or an
institution managed by the DSWD, the latter shall coordinate with the
DepEd for the provision of Alternative Learning System within its premises


CHAPTER VII
EMPLOYMENT AND ENTREPRENEURIAL FACILITATION

SEC. 18. Employment. - An Out-of-school youth who has the capacity
and desire to work shall be provided employment opportunities to enable
them to be productive members of the society.

SEC. 19. Entrepreneurial Facilitation. - The State shall establish a
community-based method of addressing the needs and barriers facing out-
of-school youth entrepreneurs. The objective is to encourage and develop a
diverse and robust local entrepreneurial economy that will lead to more
opportunities for the enterprising out-of-school youth.

SEC. 20. Right to Decent Work. - The State shall progressively grant
and ensure decent work standards for out-of-school youth who have
graduated in TVET courses, which shall include but not be limited to the
following minimum guarantees

(a) Local job generation and employment, as well as other economic
opportunities for TVET graduates, providing strict regulations against
their forced and involuntary displacement;

(b) Promotion and protection of the rights and welfare of migrant TVET
graduates regardless of their work status, and protect them against
discrimination in wages, conditions of work, and employment
opportunities in host countries; and

(c) Opportunities for work shall be productive and fairly remunerative as
family living wage, security of tenure in the workplace, and better
prospects for personal development and social integration.

SEC. 21. Social Protection. —

(a) The State shall endeavor that out-of-school youth workers and TVET
graduates acquire a mandatory life, accident, and health insurance
coverage to be provided by their employer.

(b) The State shall institute policies and programs that seek to reduce
poverty as well as vulnerability to risks of out-of-school-youth by
protecting against hazards of sudden loss of income, and improving
his/her capacity to manage risks.

CHAPTER VIII
ESPECIALLY DIFFICULT CIRCUMSTANCE

SEC. 22. Especially Difficult Circumstance. - Out-of-school youth
who are in especially difficult circumstances such as victims of sexual and


physical abuse, illegal recruitment, prostitution, trafficking, armed conflict,
out-of-school-youth in conflict with the law, and such other related
circumstances which have caused their functional incapacity in the society,
shall be provided with services and interventions as necessary, such as, but
not limited to the following:

(a) Temporary protective custody;

(b) Medical and dental services;

(c)_ Psychological evaluation;

(a) Counseling;

(€)_ Psychiatric evaluation;

() Legal services;

(@) Productivity skill capability building;

(h) Livelihood assistance;

() Financial assistance;

() Life skills training; and

(k) Health education and information.

SEC. 23. Inter-agency Support. - The DSWD, Department of Justice,
DOH and DepEd, in coordination with the appropriate LGU, shall lead in
facilitating, implementing, monitoring and planning programs for the
rehabilitation of the out-of-school youth.

SEC. 24. Duty of the LGU. - It is the duty of the LGU where the out-of-
school youth resides to deliver the services and interventions necessary

under their respective jurisdictions.

CHAPTER IX
ADMINISTRATION AND ENFORCEMENT

SEC. 25. Advisory Council. - The Advisory Council created under
Republic Act No. 8044 or the Youth in Nation Building Act shall plan,
implement, and monitor yearly work programs in pursuance of the
objectives of this Act. It shall also create, implement a National
Comprehensive Multi-stakeholder Plan of Action for Out of School Youth.

‘The Advisory Council shall also coordinate with, and ensure that, the
relevant agencies of the Government have appropriate programs for the out-
of-school youth in accordance with the objectives of this Act.


SEC. 26. Local Social Welfare and Development Officer. - The local
Social Welfare and Development Officer shall assist in the effective
implementation of the provisions of this Act and 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 serve as a general information and liaison center to serve the needs
of the out-of-school youth;

(4) To coordinate with the Advisory Council [and monitor] to ensure
compliance with the provisions of this Act;

(e) To report to the Mayor, any individual, establishment(s], business
entity, institution, or agency found in violation of any provision of this
Act; and

() To require government institutions as well as private establishments to
prominently display notices that will generate public awareness on the
right and welfare of out-of-school youth.

SEC. 27. 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. 28. 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 a fine of not less than Fifty Thousand
pesos (P50,000.00) but not 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 not being qualified under this Act or with deceit and
fraudulent machination shall avail of any of the benefits and privileges
granted under this Act shall suffer the penalty of imprisonment for 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 commission of the act in violation of
any of the provisions of this Act shall be held liable.

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 concerned 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. 29. Implementing Rules and Regulations. - Within ninety (90)
days from the effectivity of this Act, the Advisory Council and DSWD 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. 30. Appropriations. - The necessary appropriations for the initial
implementation of this Act 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 of the respective agencies.

SEC. 31. 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. 32. 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. 33. 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,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.

Introduced by Honorable 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:

CHAPTER 1
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/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)

(a)

(b)

()

(a)

(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
DEFINITON OF TERMS

SEC. 3. Definitions. — As used in this Act:

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;

Out-of-school Youth refers to members of the population aged 15 to 30
years old who are currently out of school, not gainfully employed, and
have not finished college or a 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 the
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;

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;

Technical/Vocational Education refers to the education or training
process where it involves, in addition to general education, the study of
technologies and related sciences and the acquisition of practical skills
relating to occupations in various sectors of economic life and social
life, comprises formal (organized programs as part of the school
system), and non-formal (organized classes outside the school system)
approaches; and

TESDA Graduate refers to a student or trainee who has completed the
requirements set for a Technical Education and Skills Development
Authority (TESDA)-registered TVET course/program.

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 be guided by progressive developments in human
rights of out-of-school youth under international law, and endeavor to
design policies, laws, and other regulatory measures to fulfill these duties. It
shall institute programs that will carry out the objectives of this Act. It shall
promote:

(a) The protection of the rights of the out-of-school youth against
discrimination by private corporations, entities, and individuals; and

(b) The substantive equality in the rights of out-of-school youth in all
spheres of growth and development.

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. Representation of Out-of-School Youth Issues and Concern
in Media and Film. - The State shall formulate policies and programs for
the advancement of out-of-school youth, in collaboration with government
and non-government 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 peoples 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 culture[s] and way(s] 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 local
government units (LGUs) and 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 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 LGUs and NGOs and other relevant
stakeholders 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 improvements of self;

(2) After Care Services for out-of-school who are discharged from the
homes or institutions of the DSWD and other private institutions
duly accredited by DSWD, especially those who have problems of
reintegration with family and community.

(4) Employment - The Department of Labor and Employment (DOLE), in
coordination with other government agencies such as, but not limited
to, the Department of Trade and Industry (DTI) and TESDA, shall


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

CHAPTER VI
EDUCATION

SEC. 12. Mandatory Technical/Vocational Education. - It shall be
the duty of the State to provide mandatory technical/vocational education to
out-of-school youth. The course shall be provided and/or managed by
TESDA in accordance with its Training Regulations.

SEC. 13. Education Cost and Support. - The technical/vocational
education shall be offered by the State free of charge to the out-of-school
youth, The State shall likewise provide materials, instruments, and tools
that the out-of-school youth may need while enrolled in a
technical/vocational course, as well as sufficient allowance to cover
transportation and other related costs for the duration of the training.

SEC. 14. Skills Development Coordinators at the LGUs. - The LGUs,
through the Community Training and Employment Coordinators (CTECs) or
duly designated LGU personnel, shall have the responsibility of monitoring
the progress and development of the OSYs in the chosen
technical/vocational course by requiring the technical vocational
institutions (TVIs) to submit, among others, regular enrollment and
completion reports of the programs being implemented.

SEC. 15. Promotion to Formal Tertiary Education. - The local Social
Welfare and Development Officer may recommend an out-of-school youth to
be a recipient of a scholarship program from the CHED under either
Republic Act 10931 or the Universal Access to Quality Tertiary Education
[Without prejudice to] or Republic Act No. 10687 or the Unified Student
Financial System for Tertiary Education Act (UniFAST).

SEC. 16. Entrepreneurial Education. - The DTI, in coordination with
TESDA and other relevant government agencies, 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. Alternative Learning System. - The Alternative Learning
Mode of Education shall be made available to out-of-school youth in the
barangays.

For out-of-school youth who are in the custody of a home or an
institution managed by the DSWD, the latter shall coordinate with the
DepEd for the provision of Alternative Learning System within its premises.


CHAPTER VII
EMPLOYMENT AND ENTREPRENEURIAL FACILITATION

SEC. 18, Employment. - An Out-of-school youth who has the capacity
and desire to work shall be provided employment opportunities to enable
them to be productive members of the society.

SEC. 19. Entrepreneurial Facilitation. - The State shall establish a
community-based method of addressing the needs and barriers facing out-
of-school youth entrepreneurs. The objective is to encourage and develop a
diverse and robust local entrepreneurial economy that will lead to more
opportunities for the enterprising out-of-school youth.

SEC. 20. Right to Decent Work. - The State shall progressively grant
and ensure decent work standards for out-of-school youth who have
graduated in TVET courses, which shall include but not be limited to the
following minimum guarantees

(a) Local job generation and employment, as well as other economic
opportunities for TVET graduates, providing strict regulations against
their forced and involuntary displacement;

(b) Promotion and protection of the rights and welfare of migrant TVET
graduates regardless of their work status, and protect them against
discrimination in wages, conditions of work, and employment
opportunities in host countries; and

(c) Opportunities for work shall be productive and fairly remunerative as
family living wage, security of tenure in the workplace, and better
prospects for personal development and social integration.

SEC. 21. Social Protection. —

(a) The State shall endeavor that out-of-school youth workers and TVET
graduates acquire a mandatory life, accident, and health insurance
coverage to be provided by their employer.

(b) The State shall institute policies and programs that seek to reduce
poverty as well as vulnerability to risks of out-of-school-youth by
protecting against hazards of sudden loss of income, and improving
his/her capacity to manage risks.

CHAPTER VIII
ESPECIALLY DIFFICULT CIRCUMSTANCE

SEC. 22. Especially Difficult Circumstance. ~ Out-of-school youth
who are in especially difficult circumstances such as victims of sexual and


physical abuse, illegal recruitment, prostitution, trafficking, armed conflict,
out-of-school-youth in conflict with the law, and such other related
circumstances which have caused their functional incapacity in the society,
shall be provided with services and interventions as necessary, such as, but
not limited to the following:

(2) Temporary protective custody;

(b) Medical and dental services;

(c) Psychological evaluation;

(4) Counseling;

(ce) Psychiatric evaluation;

() Legal services;

(g) Productivity skill capability building;

(h) Livelihood assistance;

(i) Financial assistance;

() Life skills training; and

(k) Health education and information.

SEC. 23. Inter-agency Support. - The DSWD, Department of Justice,
DOH and DepEd, in coordination with the appropriate LGU, shall lead in
facilitating, implementing, monitoring and planning programs for the
rehabilitation of the out-of-school youth.

SEC. 24. Duty of the LGU. - It is the duty of the LGU where the out-of-
school youth resides to deliver the services and interventions necessary

under their respective jurisdictions.

CHAPTER IX
ADMINISTRATION AND ENFORCEMENT

SEC. 25. Advisory Council. - The Advisory Council created under
Republic Act No. 8044 or the Youth in Nation Building Act shall plan,
implement, and monitor yearly work programs in pursuance of the
objectives of this Act. It shall also create, implement a National
Comprehensive Multi-stakeholder Plan of Action for Out of School Youth.

The Advisory Council shall also coordinate with, and ensure that, the
relevant agencies of the Government have appropriate programs for the out-
of-school youth in accordance with the objectives of this Act.


(c) Any person who not being qualified under this Act or with deceit and
fraudulent machination shall avail of any of the benefits and privileges
granted under this Act shall suffer the penalty of imprisonment for 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 commission of the act in violation of
any of the provisions of this Act shall be held liable.

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 concerned 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. 29. Implementing Rules and Regulations. - Within ninety (90)
days from the effectivity of this Act, the Advisory Council and DSWD 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. 30. Appropriations. - The necessary appropriations for the initial
implementation of this Act 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 of the respective agencies.

SEC. 31. 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. 32. 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. 33. 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,


SEC. 26. Local Social Welfare and Development Officer. - The local
Social Welfare and Development Officer shall assist in the effective
implementation of the provisions of this Act and 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 serve as a general information and liaison center to serve the needs
of the out-of-school youth;

(@) To coordinate with the Advisory Council [and monitor] to ensure
compliance with the provisions of this Act;

(e) To report to the Mayor, any individual, establishments], business
entity, institution, or agency found in violation of any provision of this
Act; and

() To require government institutions as well as private establishments to
prominently display notices that will generate public awareness on the
right and welfare of out-of-school youth.

SEC. 27. 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. 28. 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 a fine of not less than Fifty Thousand
pesos (P50,000.00) but not 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