Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regalar Session

HOUSE BILL NO.

Introduced by CIBAC Party List Representatives
Sherwin N. Tugna and Cinchona Cruz-Gonzales

EXPLANATORY NOTE

Official figures from the Philippine Overseas Employment Agency (POEA) show
that there are at least 1.5 million Filipinos currently employed overseas. The Department
of Labor and Employment (DOLE) reports that almost 3,000 Filipinos leave the country
for overseas employment everyday. These numbers are based on official records. If the
number of undocumented Filipinos leaving the country for overseas employment is
included, the number would further significantly increase.

On the other hand, government and non-government organizations estimate that
more than 400,000 Filipinos are victims of human trafficking, many of whom are
illegally transported abroad.

Given their situations and physical remoteness from the Philippines, their families
and natural support systems, Filipinos overseas are highly vulnerable to abuse,
exploitation and a multitude of intense stressors. This poses » challenge to the State
which is constitutionally mandated to serve, protect and ensure the welfare of its citizens,
wherever they may be.

Furthermore, various statutes have also been legislated enumerating specific
services that must be provided to overseas Filipino workers and victims of human
wafficking. Among these statutes are: (1) Republic Act No. 8042, otherwise known as the
“Migrant Workers and Overseas Filipinos Act" requires the establishment of Migrant
Workers and Overseas Filipinos Resource Centers in countries where there are large
concentrations of Filipino migrant workers to provide counseling, legal and welfare
assistance and other services to OF W's, (2) The Labor Code of the Philippines requires
the Labor Attaches and consular officials to provide protection to Filipino workers on all
matters arising out of employment; to ensure that they are not exploited or discriminated
against; and to verify and certify that the terms and conditions of employment contracts
are in accordance with the Labor Code and the rules and regulations of Overseas Workers


Welfare Administration (OWWA); and (3) Republic Act No. 9208, otherwise known as
the "Anti-Trafficking in Persons Act of 2003", has mandated government agencies,
specifically the Department of Social Welfare and Development (DSWD) to estab
and implement rehabilitative and protective programs for victims of such trafficking.

Tn 2004, the Office of the President also issued Executive Order No, 287
establishing and providing the guidelines for the posting of Social Welfare Attaches in
areas where there are large concentration of overseas Filipino workers.

Given the significant role that Social Welfare Attaches currently play in assisting
overseas Filipinos and the growing number of Filipinos overseas requiring psychological
and social welfare assistance, there is a need to institutionalize by statute Social Welfare
Attaches as a permanent component of Philippine foreign posts in countries or
jurisdictions where large number of Filipinos are employed or there are high number of
cases of Filipinos being trafficked.

This bill institutionalizes the position of Social Welfare Attaches and provides the
qualifications and attributes that they must possess. This bill also provides the specific
responsibilities of the different departments and agencies in ensuring the effective and
efficient functioning of Social Welfare Attaches.

‘This bill is but a small measure to ensure that the State fulfills its sacred mandate
to serve, protect and ensure the welfare of its citizens, wherever they may be.

‘The immediate passage of this bill is of great importance.

nen cacy

CIBAC Party-List

Sherwin N. Tugaa
JAC Party-List


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

2
HOUSE BILLNO,_9058

Fatroduced by CIBAC Party List Representatives
Sherwin N. Tugna and Cinchona Cruz-Gonzales

AN ACT ESTABLISHING THE POSITION OF SOCIAL WELFARE
ATTACHES, PRESCRIBING THEIR QUALIFICATIONS AND FUNCTIONS,
PROVIDING GUIDELINES FOR THEIR OPERATIONS AND
OTHER MATTERS

SECTION 1. Short Title, This Act shall be known as the Social Welfare Auache
Act of 2011

SECTION 2. Declaration of Potices.

a) Ttis the policy of the State to ensure the dignity and welfare of all its citizens
and afford full protection to Filipino tabor, wherever they may be located.

b) The State recognizes the invaluable contribution of overseas Filipino workers
to the Philippine economy and their critical role in the pursuit of national
development.

c) Overseas Filipino workers, by the nature of their work and remoteness from
the Philippines and their families and support systems, are vulnerable not only
to abuse and exploitation but to extreme physical, emotional and
psychological stress as well thus requiring the State to ensure that adequate
measures are taken to address these vulnerabilities

¢

It is the obligation of the state to ensure that it is capable of delivering the
social welfare services mandated by existing laws and statutes to be provided
to overseas Filipino workers, other overseas Filipinos and victims of human
trafficking.

SECTION 3. Definition of Terms

a) Social Welfare Attaches (SWA) — personnel of the Department of Social
Welfare and Development posted in Philippine consular offices, or similar
offices, and selected in accordance with this Act and its implementing rules


and regulations to provide and coordinate social welfare services to overseas
Filipino workers, their families and victims of human trafficking

b) Country or jurisdiction of posting - the area covered by the jurisdiction of the
consular office, or similar office, to which a social welfare attaché is posted.

©) Operational knowledge — such competence, skill and understanding that
ensures effective and efficient performance of mandated tasks.

SECTION 4. Selection of Diplomutle Posts for Socio! Welfare Attaches’
Deployment, Social Welfare Attaches shall be deployed in consular offices whose areas
Of jurisdiction have the highest concentration of Overseas Filipino Workers (OFWs)
and/or the highest and most recurring incidence of human trafficking involving Filipinos
as may be determined by the Department of Foreign Affairs, Department of Labor and
Employment, Philippine Overseas Employment Agency, Inter-Agency Council Against
‘Trafficking and the Department of Social Welfare and Development.

SECTION 5. Functions and Duties of the Social Welfare Attache. The Social
Welfare Attaché so deployed shall perform the following functions and duties at post:

5.1 Undertake surveys and prepare official social welfare situationers on OFWs
and trafficking victims in the country or jurisdiction of posting;

5.2 Establish a network with overseas-based social welfare agencies and/or
individuals and groups which may be mobilized to assist in the provision of
appropriate social services, which shall include but not limited to counseling and
advising;

5.3 Respond to and monitor the resolution of problems and complaints/queries of
OFWs and their families and trafficking victims,

5.4 Provide primary counseling and advising services to OFWs and their families
and trafficking victims;

5.5 Establish and maintain a system of data banking and documentation of OFWs
and their families and trafficking victims in the area of assignment so that
appropriate social welfare services can be more effectively provided;

5.6 Submit regular reports to the DSWD, DFA and IACAT on plans and
activities undertaken, recommendations, and updates on the situation of OFWs,
particularly those encountering difficulties in the host country, and Filipinos who
are victims of trafficking within their area of responsibility. Said report shall form
part of the Semi-Annual report to Congress as provided under Section 33 of R.A.
No. 8042 and Section 27 of R.A. No. 9208;


5.7 Provide information about DSWD and its attached agencies and services; and

5.8 Perform other related function in the delivery of social services, as may be
directed by the Head of the Diplomatic Post in the area of assignment.

SECTION 6, Minimum Qualifications and Attributes of Social Welfare
Attaches, Social welfare attaches are required to possess the following qualifications and
attributes, in addition to whatever requirements the DSWD might impose in the
implementing rules and regulations of this Act:

a At Teast three (3) years of actual experience in counseling and
b, Basic training on handling psychological and emotional trauma and
stress;

. Basic knowledge and literacy of the major language used in the
country or jurisdiction of posting as certified by the Department of Foreign
Affairs;

da Operational knowledge on the cultural and social systems of the
country or jurisdiction of posting as certified by the Department of Foreign
Affairs;

@ Operational knowledge on overseas employment laws, rules,
regulations and welfare systems as certified by the Department of Labor and
Employment through the Philippine Overseas Employment Agency;

f£. Operational knowledge on anti-trafficking programs, laws, rules,
regulations and systems as certified by the Inter-Agency Council Against
Trafficking; and

& Substantial proof of manifested patience, understanding and capacity
to empathize with emotionally troubled or distressed persons.

SECTION 1. Institutional Arrangements, The DSWD, DFA, DOLE, POEA and
IACAT are mandated to perform the following tasks/functions in the implementation of
this Act:

7.1 Department of Social Welfare and Development (DSWD)

7.1.1 Serve as the agency with the primary responsibility of ensuring the
implementation of this Act,

7.1.2 Formulate and issue the implementing rules and regulations for this
Act, in consultation with the DFA, DOLE, POEA and IACAT.


7.1.3 Designate and assign from among its ranks, the most qualified
personne! to be deployed as Social Welfare Attaches;

7.1.4 Provide for the salary and other benefits of Social Welfare Attaches
including overseas allowances and other emoluments attached to the
position;

7.1.5 Provide training and other related activities to promote efficiency
and effectiveness in the discharge of functions and duties prior to
deployment;

7.1.6 Exercise technical supervision over its deployed personne! in
and organizations,

7.1.7 Tap and allocate funds for the supervision of basic welfare services
needed by the OFWs; and

7.2 Department of Foreign Affairs (DFA)
7.2.1 Facilitate accreditation of deployed DSWD personnel;

7.2.2 Formulate and administer tests to determine and certify the SWAs’
basic knowledge and literacy of the major language used in their
respective countries or jurisdictions of posting and operational knowledge
and familiarity of the cultural and social systems of such country or
jurisdiction,

7.2.3 Assist the DSWD in the conduct of the pre-deployment orientation
and other relevant training program to SWAS;

7.24 Assist the DSWD in facilitating administrative and consular
requisites for deployment;

7.2.$ Provide logistical and operational support to Social Welfare
Attaches, including but not limited to appropriate office space and
supplemental operational funds; and

7.2.6 Undertake administrative and operational supervision to the
deployed personnel in coordination with DSWD and other relevant
agencies and organizations.

7.3 Department of Labor and Employment (DOLE)

7.3.1 Work with DSWD in the provision of relevant skills training to
SWAs to facilitate complementation of services;


7.3.2 Assist the DSWD in the conduct of orientation training and
immersion program far Social Welfare Attaches prior to deployment; and

7.3.3 Provide assistance, support and information requested or needed by
Sociat Welfare Attaches in relation to the performance of their functions.

7.4 Philippine Overseas Employment Agency (DOLE)

7.4.1 Work with DSWD in the provision of relevant skills training to
SWAs to facilitate complementation of services,

7.4.2 Formulate and administet tests to determine and certify operational
knowledge on overseas employment laws, rules, regulations and welfare
systems of Social Welfare Attaches; and

74.3 Assist the DSWD in the conduct of orientation training and
immersion programs for Social Welfare Attaches prior to deployment,

7.4.4 Provide assistance, support and information requested or needed by
Social Welfare Attaches in relation to the performance of their functions.

7.5 Inter-Agency Council Against Trafficking (IACAT)

7.5.1 Work with DSWD in the provision of relevant skills training and
other welfare services to the OFWs to facilitate complementation of
services,

7.5.2 Formulate and administer tests to determine and certify operational
knowledge on anti-trafficking programs, laws, rules, regulations and
systems of Social Welfare Attaches; and

7.5.3 Provide assistance, support and information to SWAs in cases
involving human trafficking.

SECTION 8, Funding, The heads of the departments and agencies concemed
shall utilize all resources used in the implementation of Executive Ordet No. 287 of 2004
for the initial implementation of this program. They shall immediately include their
responsibilities under this Act in their respective work programs and issue such internal
guidelines as appropriate to implement the same. Funding for all programs and activities
mandated under this Act shall be included in the concerned agencies’ annual General
Appropriations Act.

SECTION 9. Implementing Rulex. The DSWD, in consultation with Department
of Foreign Affairs, Department of Labor and Employment, Philippine Overseas
Employment Agency, and the Inter-Agency Council Against Trafficking, shall formulate


and issve the implementing rules and regulations for this Act not later than thirty (30)
days after the effectivity of this Act.

SECTION 10. Interpretation in favor of the welfare of overseas Filipino
workers, their families and trafficking victimes. In the interpretation of any provision of
this Act or any rules or regulations issued as a result thereof, the interpretation which is
most favorable to ensure the welfare of overscas Filipino workers, their families and
trafficking victims shall be controlling. Furthermore, nothing in this Act shall be
interpreted to diminish any right or privilege currently being enjoyed by or provided to
OFWs, their families and victims of trafficking

SECTION 11. Repeating Clause, All laws, decrees, executive orders, rules,
regulations or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SECTION 12. Separability Clause. If, for any reason, any section or provision of
this bill is declared unconstitutional or invalid, other sections or provisions hereof shall
remain in force.

SECTION 13. Effectivity, This Act shall take effect fifteen days after publication
in a newspaper of general circulation