Republic of the Philippines

House of Representatives

Batasan Hills, Queson City

Eighteenth Congress
First Regular Session

HOUSE BILL No, _ 5198

Introduced by Representatives Florencio Gabriel G. Noel

EXPLANATORY NOTE

In the face of extreme poverty in Philippines, families often sacrifice the education of
children, opting to put the little money that they have in more immediate needs. Almost 10%
of the estimated thirty-nine million Filipinos ages 6 to 24 years old were out-of-school youth,
according to the 2017 Annual Poverty Indicators Survey (APIS). This include those youth
who's 6 to 14 years old who are not attending formal school, and those 15 to 24 years old who
are currently out of school, not gainfully employed, and have not finished college or post-
secondary course. '

A number of government agencies implement programs targeted at youth, including
OSCY, such as DepED, DILG, DOLE, DSWD and TESDA.? However, despite the major
efforts made towards improving the education system for these youth, bolder efforts are needed
to make even greater strides for achieving education goals.

The passing of this bill seeks to provide for a Magna Carta of the out-of-school youth
that will protect their right as provided by the constitution. This act shall also mandate an
affirmative action program by the government to ensure the welfare of the out-of-school youth,
giving them the access to a high-quality education that will prepare them to lead healthy and
productive lives while contributing to their communities and country.

This bill has already been approved by the House of Representatives on its 3"! and final
reading in the 17" Congress. In view of the foregoing, immediate approval of this measure is
earnestly sought.

(a
FLORENCIO GABRIEL “BEM” G. NOEL
An Waray Partylist Representative

* htps://psa.gov.ph/content/nine-percent-filipinos-aged-6-24-years-are-out-school-results-2017-annual-poverty-indicators
? netps://www.academia.edu/30813344/OUT-OF-
SCHOOL_CHILDREN_AND_YOUTH_IN_THE_PHILIPPINES_ISSUES_AND_OPPORTUNITIES_Human_Development_Sector_Unit
“_East_Asia_and_Pacific_Region_The_World


Republic of the Philippines

House of Representatives

Batasan Hills, Queson City

Eighteenth Congress
First Regular Session

HOUSE BILL NO. 5198

Introduced by Representatives Florencio Gabriel G. Noel

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 Policy. — The State values the dignity of every human person and
guarantees full respect for human rights. Pursuant thereto, the State recognizes the right as
partners in nation-building, Towards this end, the State shall promulgate measures to achieve
the following objectives:

a. To inspire and encourage the out-of-school youth to contribute to nation building:

b. To recognize the rights of out-of-school youth in society;

¢. To provide an alternative learning system and a program for technical or vocational
education for the out-of-school youth;

d. To 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. To recognize the important role of the private sector in improving the welfare of
out-of-school and to actively seek their partnership.


CHAPTER IL
DEFINITION OF TERMS

SEC. 3. Definition of Terms. — As used in this Act

a.

Alternative Learning System refers to a parallel learning system in the Philippines
than provides a practical option to existing formal instruction. It includes both the
non-formal and informal sources of knowledge and skills,

Out-of-School youth refers to a member of the population aged 15 to 30 years old
who is currently out of school, not gainfully employed, and has 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 livelihood and employment opportunities, protecting against
financial hazards such as the sudden loss of income, and improving people’s
capacity to manage risks. 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, de facto equality and equality
in outcomes;

Technical/Vocational Education refers to the aspects of educational process
involving, 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 and social life. The term is comprised of 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 Technical Vocational Education and Training (TVET) course/program.

CHAPTER IIL

DUTIES RELATED TO THE HUMAN RIGHTS OF OUT-OF-SCHOOL YOUTH

SEC. 4. State as the Primary Duty-Bearer. - The State, through the National Youth
Commission (NYC) and concerned youth serving agencies, shall be guided by progressive
developments in the human rights of out-of-school youth under international law, and shall
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 and promote:

a.

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

.. 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 of government including 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. — An out of school youth shall enjoy without
discrimination, all rights provided for in the Constitution and those rights recognized under
international instruments duly ratified by the Philippines, in consonance with Philippine law.

SEC. 7. Protection from Violence. — The State shall ensure that all out-of-school youths shall
be protected from all forms of violence, particularly in cases of physical abuse, sexual
exploitation and human trafficking as provided in existing laws. The Department of Justice,
Department od Social Welfare and Services, and other concerned agencies, shall give priority
to the defense and protection of out-of-school youths and help in attaining justice and healing

SEC 8. Equal Treatment Before the Law. ~The NYC and other youth-serving agencies shall
take steps to review and, when necessary, amend or repeal existing laws that are discriminatory
to out-of-school youths.

SEC. 9. Representation of Out-of-School Youth Issues and Concerns in Media and Film. —
The NYC and other concerned agencies 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 resources for the production,
publication and airing of all forms of information materials on the rights of out-of-school youth
and non-government media-related organizations.

SEC. 10. Recognition and Preservation of Cultural Identity and Integrity. — 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 shall be upheld.

To this end, the National Commission on Muslim Filipinos and the National
Com: ion on Indigenous Peoples shall, in consultation with the sectors concerned to protect
their rights, indigenous knowledge system and practices, traditional livelihood, and other
manifestations of their cultures and ways of life recommend legislation and other appropriate
measures to promote and to respect for their rights, practices and way of life: Provided, That
these cultural systems and practices do not discriminate against other 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 of out-of-school youth 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 provide an
integral health service for out-of-school youth;

c. Social Services — The Department of Social Welfare and Development (DSWD), in
cooperation with the LGUs, 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 Service, which provide the out-of-school youth with
opportunities for socializing, organizing creative expression, and
improvement of self;

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

d. Employment ~The Department of Labor and Employment (DOLE), in coordination
with other government agencies such as the Department of Trade and Industry
(DTD, 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 technical or vocational education to out-of-school youth. The course shall be provided
and/or managed by TESDA in accordance with its training regulation

SEC. 13. Education Cost and Support. — The technical/vocational education shall be offered
by thr 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 training.

SEC. 14. Skills Development Coordinators at 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 CHED under either Republic Act No. 10931 or the Universal Access to Quality
Tertiary Education 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. — An alternative learning system 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
DSWD, the latter shall coordinate with the DepEd for the provision of Alternative Leaming
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. The State shall also make use of the existing privileges
under Republic Act No. 9547 as amended by Republic Act No. 10917 or the Special Program
for Employment of Students (SPES) 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 of 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 protection against discrimination in wages,
conditions or work, and employment opportunities in host countries; and

¢. Opportunities for work shall be productive and fairy 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

Temporary protective custody;
Medical and dental services;
Psychological evaluation;
Counseling;

Psychiatric evaluation;

Legal services;

Productivity skill capacity building;
. Livelihood assistance;

Financial assistance,

Life skills training; and

Health education and information.

Fore me ao ge

SEC. 23. Inter-agency Support. - The DSWD, Department of Justice (DOJ), DOH and DepEd,
in coordination with the appropriate LCD, shall lead in facilitating implementing, monitoring
and planning programs for 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, coordinate and monitor yearly work programs in
pursuance of the objectives of this Act. It shall also create and 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
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. Tomaintain 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;

d. To coordinate with the Advisory Council to ensure compliance with the provisions of
this Act;

€. To report to the mayor, any individual, establishment, business entity, institution, or
agency found in violation of any provision of this Act; and

£. To require government institutions as \A/ell 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 organization 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. Implementing Rules and Regulations. - Within ninety (90) days from the effectivity
of this Act, the Advisory Council, DSWD, DOJ, DOLE, DTI, CHED, DepEd and TESDA 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. 29. 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. 30. 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. 31. 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. 32. 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,