Republic of the Philippines
HOUSE OF REPRESENTATIVE
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

290

House Bill No. ~~

RESSTRATION Uy
BULLS AND inozx SE ae

INTRODUCED BY REPRESENTATIVE ARTHUR C. YAP

EXPLANATORY NOTE

Tn 2013, the Commission on Filipinos Overseas (CFO) estimated that
approximately 10.2 million Filipinos worked or resided abroad. Of this
figure, the Philippine Statistics Authority (PSA) estimates that roughly 2.4
million are overseas workers

More than a million Filipinos every year leave to work abroad through
overseas employment agencies, and other programs, including government-
sponsored initiatives. Overseas Filipinos often work as doctors, physical
therapists, nurses, accountants, IT professionals, engineers, architects,
entertainers, technicians, teachers, military servicemen, seafarers, students
and fast food workers. Also, many overseas workers are women applying as
domestic helpers and caregivers. The exodus includes a number of skilled
workers taking on unskilled work overseas, resulting in what has been
referred to as a brain drain.

In 2015, cash remittances sent via the formal banking networks by
overseas Filipino workers (OFWs) amounted to $25.76 billion up 4.6
percent from $24.63 billion in 2014, according to the Bangko Sentral ng
Pilipinas (BSP). The BSP also reported that personal remittances — these are
fund transfers that were not captured by the banking sector — increased by
4.4 percent (4.4%) year-on-year to $28.5 billion as of end-December. The
total remittances accounted for 9.8 percent (9.8%) of gross domestic
product and 8.3 percent (8.3%)of gross national income

Working in another country as an overseas worker definitely involves
some risks. Working conditions among Filipinos employed abroad varies
depending on whether the host country acknowledges and
enforces International labor standards. Many of our OFWs have suffered
various forms of abuse, which include experiencing rude treatment from
government representatives or embassy officials, exploitation of any sort by
an employer or a recruiter, unfair charging of unnecessary fees, illegal and
untimely termination of work contract, human trafficking, and various forms



of harassment. Particularly, reports regarding OWFs that have been sexually
assaulted or physically attacked can be a cause of grave concern for the
overseas employees and their families.

At present, several government agencies are involved in looking after
the welfare and interest of OFWs, among them; the Department of Foreign
Affairs (DFA), the Philippine Overseas Employment Administration
(POEA) and the Overseas Workers Welfare Administration (OWWA) of the
Department of Labor (DOLE). These agencies are mandated to address the
main concerns of OFWs, which include repatriation, illegal recruitment,
excessive collection of placement fees, and legal assistance. Unfortunately,
the government has a very complicated migration management structure.
While coordination of these agencies is essential, they often lead to
overlapping of functions and responsibilities and wastage of public funds.

This bill seeks to create a department in our government that will
focus solely on the needs and welfare of OFWs. A department dedicated to
the task of addressing issues of OFWs and coordinate the delivery of
services of all these agencies dealing with OFWs, study all the problems of
our workers abroad and find solutions to their problems. A separate
department for OFWs is necessary because overseas workers have their own
unique concerns that pertain only to their sector.

Our OFWs are the new heroes and heroines of our country because
they keep the economy afloat, but the way in which we are responding to
their needs is simply not enough:

In view of the foregoing, the immediate consideration and passage of
the bill, a counterpart of the previous Senate Bill No. 31, filed by Senator
Cynthia Villar in the 16! Congress, is earnestly sought.

a
SZ)

ARTHUR C. YAP
Representative


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

°
House Bill No. Bee

INTRODUCED BY REPRESENTATIVE ARTHUR C. YAP

AN ACT
ESTABLISHING THE DEPARTMENT OF OVERSEAS
FILIPINO) WORKERS (DOFW), DEFINING ITS
POWERS AND FUNCTIONS, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled.
SECTION 1. Short Title. - This Act shall be known as the
"Department of Overseas Filipino Workers Act of 2016."
SECTION 2. Declaration of Policies —
a) To ensure the protection of the rights of Overseas Filipino Workers
(OFWs), promotion of their welfare, safety, and support,
b) To ensure that the government reaches out and cooperates with other
states where there are OF Ws;
c) To develop a database for OFWs to ensure assistance in times of
distress;
d) To establish a strong and effective regulatory system that will ensure

only fit Filipinos are allowed to work outside of the country;


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) To promote the human capital development of OFWs to enable them
to better compete in other countries;
f) To extend deployment and repatriation assistance and support to

OFWs; and

g) To promote the reintegration of returning OFWs

SECTION 3. Creation of a Department Of Overseas Filipino
Workers. - There is hereby created a Department of Overseas Filipino
Workers (DOFW), hereinafter referred to as the Department, which shall,
among others, recommend and implement the government's policies, plans,
and programs for the promotion of, protection, safety, development, support,
deployment and repatriation of OF Ws.

SECTION 4. Mandate. - The Department shall be the primary
policy, planning, coordinating, implementing, regulating and administrative
entity of the Government that protects and provides assistance to OFWs who.
are holders of Philippine passports.

SECTION 5. Powers and Functions of the Department. - The
Department shall have the following powers and responsibilities, which shall
be exercised by its offices

a) Formulate and recommend national policies and guidelines and
conduct in-depth studies on all policy areas and options that will
ensure protection of OFWs and address perennial issues OFWs face
abroad, in consultation with the relevant stake holders;

b) Assess, review, harmonize and coordinate all OFW-related local
policies and procedures and international agreements to ensure

overall consistency and implementation of the national policies;


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©) Promote, advance and implement general and specific government
objectives regarding OFW activities, programs, welfare and
interests;

d) Build a strong and harmonious partnership with foreign countries and
the private sector to formulate strategies and implement the same;

e) Represent and negotiate for Philippine interest on matters pertaining
to OFW affairs in international bodies;

£) Develop, implement and improve coordination with other countries
with OFW presence and monitor foreign developments to ensure the
most reasonable working conditions for the OFWs and create a
proactive approach in providing assistance to them especially in
times of war and civil unrest, whether potential or apparent;

g) Promote knowledge, information and resource sharing, and develop a
database to assist OF W anywhere in the world;

h) Coordinate and support the generation and build-up of resources or
funds for use of OFWs,

i) Conduct symposia, consultations and seminars on effective OFW
related programs and plans;

j) Assist and provide technical expertise in the troubleshooting of OFWs
in distress and tap the services of personnel, foreign and local, with
expertise on the formulation of strategies and plans concerning OFW
activities if needed;

k) Promote, develop and monitor the continuing education, training and

qualification, availability and deployment of OFWs, and coordinate


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with concemed agencies in the training of OFWs to improve their
global competitiveness,

1) Coordinate with concerned government agencies in the training and
support of Filipinos who have worked abroad and are returning to the
country;

m) Regulate and guide the business activities relative to the deployment
of Filipino workers and other related activities,

n) Promulgate rules and regulations for the implementation of its
policies and related laws;

0) Administer, accept, hold and utilize property, both personal and real,
subject to existing laws, for the purpose of assisting or expediting the
work of the Department, and,

p) To perform such other functions as maybe needed to achieve its goals
and objectives to the fullest and as may be provided by this Act.

SECTION 6. Composition. - The Department shall be headed by a

Secretary. The Department proper shall be composed of the Office of the
Secretary, the Offices of Undersecretaries, and Assistant Secretaries and

Regional and Assistant Regional Directors.

SECTION 7. Secretary of Overseas Filipino Workers - The

Secretary shall be appointed by the President of the Republic of the
Philippines with confirmation of the Commission on Appointments. ‘The

Secretary shall have the following functions:

a) Provide executive direction and supervision over the entire

operations of the Department and its attached agencies;


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b) Establish policies and standards for the effective, efficient and
economical operation of the Department, in accordance with the
programs of the government,

c) Review and approve request for financial and manpower resources of
all operating offices of the Department,

d) Designate and appoint officers and employees of the Department,
excluding the Undersecretaries and Assistant Secretaries, in
accordance with the Civil Service laws, rules and regulations;

©

Coordinate with other government agencies and public and private
interest groups, including non-government organizations (NGOs) and
people's organizations on Department policies and initiatives;

f) Undertake consultations with other members of the Cabinet and

officers of the government relating to OFW concems,

) Advice the President on the promulgation of executive and

administrative orders and regulatory and legislative proposals on

matters pertaining to OF W development;

h) Advise the President of the activities, programs, plans and all
information necessary or relevant to OFWs;

i) Coordinate all policies and programs relating to OF W affairs;

j) Formulate such rules and regulations and exercise such other powers
as may be required to implement the objectives of this Act; and,

k) Perform such other tasks as may be provided by law or assigned by

the President from time to time.

SECTION 8. Undersecretaries. - The Secretary shall be assisted by

three (3) Undersecretaries who shall be appointed by the President upon


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recommendation of the Secretary: Provided, That one (1) of the
undersecretaries shall be a career officer coming from the ranks of existing
government labor agencies. The undersecretaries shall aid the Secretary in
the performance of his/her operational duties, and shall perform such other
functions as may be directed by the Secretary.

SECTION 9. Assistant Secretaries. - The Secretary shall be assisted
by three (3) assistant secretaries who shall be career officers appointed by
the President upon the recommendation of the Secretary,

SECTION 10. Qualifications, - No person shall be appointed
Secretary, Undersecretary or Assistant Secretary of the Department unless
he is a citizen and resident of the Philippines of good moral character and of
proven integrity.

SECTION 11. Regional Offices. - The Department shall be
authorized to establish, operate, and maintain a Regional Office in each of
the administrative regions of the country as the need arises. The regional
office shall be headed by a Regional Director, who may be assisted by one
(1) Assistant Regional Director. The regional offices shall have, within their
respective administrative regions, the following functions:

a) Implement laws, policies, plans, programs, projects, rules and
regulations of the Department;

b) Provide technical expertise and know-how and information to OFWs
and efficient services;

c) Coordinate with regional offices of other departments, offices, and
agencies and local government units for the consolidation and

integration of OFW programs; and,


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d) Perform such other functions as may be provided by law or assigned
by the Secretary

SECTION 12. Transfer of Bureaus, Offices and Agencies - The
following bureaus, offices and agencies are hereby transferred from their
respective departments to the Department of Overseas Filipino Workers:

a) Office for the Overseas Filipino Workers Affairs of the Department of

Foreign Affairs;

b) Office of the Legal Assistant for Migrant Worker's Affairs of the

Department of Foreign Affairs;

¢) Commission on Filipino Overseas from the Office of the President;
and,
d) All Philippine Overseas Labor Offices of the Department of Labor
and Employment
SECTION 13. Attached Agencies. - The following agencies are
hereby attached to the Department for policy and program coordination, and
shall continue to function in accordance with the charters, laws or orders
creating them, in so far as they are not inconsistent with this Act:
a) The Philippine Overseas Employment Administration (POEA); and,
b) Overseas Workers Welfare Administration (OWWA).

The laws and rules on government reorganization as provided for in
Republic Act No. 6656, otherwise known as the Reorganization Law, shall
govern the reorganization process of the Department.

SECTION 14. Sectoral and Industry Task Forces - The
Department may create sectoral and industry task forces, technical working

groups, advisory bodies or committees for the furtherance of its objectives.


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Additional private sector representatives, such as from the OFWs, academe
and private industries directly involved in deployment of OFWs, as well as
other National Government Agencies (NGAs), LGUs, and GOCCs, may be
appointed to these working groups.

SECTION 15. Structure and Staffing Pattern - The Department
shall determine its organization structure and create new divisions or units as
it may deem necessary, and shall appoint officers and employees of the
Department in accordance with the Civil Service law, rules, and regulations.

SECTION 16. Separation from Service - Employees separated from
the service as a result of this reorganization shall, within ninety (90) days
therefrom, receive the retirement benefits to which they may be entitled
under existing laws, rules, and regulations.

SECTION 17. Special Assistance Revolving Fund - A Special
Assistance Revolving Fund for OFWs in distress, both documented and
undocumented, in the amount of One Billion Pesos (P 1,000,000,000.00) is
hereby created. The fund shall be utilized for the following purposes

a) Repatriation;

b) Medical expenses, hospitalization and purchase of medicine in the
form of vouchers for six (6) months from arrival;

c) Migration fees for overstaying Filipinos;

d) Legal assistance including litigation expenses, legal fees, payment of
translation fees, attendance in court hearings;

e) Payment of blood money, when necessary; and,

£ Basic necessities of OFWs caught in emergencies or are detained:

Provided, That thirty percent (30%) of the total fund shall be allotted


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to support a livelihood training program or re-training of returning

OFWs in new skills and literacy,

SECTION 18. Appropriation - The appropriation allotted for the
Office for the Overseas Filipino workers Affairs, Office of the Legal
Assistant for Migrant Worker's Affairs, Commission on Filipino Overseas,
and all Philippine Overseas Labor Offices shall be transferred to the
Department of Overseas Filipino Workers: Provided, That the amount
needed for the initial implementation of the this Act shall be taken from the
current fiscal year's appropriation of the transferred agencies to the
Department of Overseas Filipino Workers. Thereafter, the amount needed
for the operation and maintenance of the Department shall be included in
the General Appropriations Act: Provided, That for the next fiscal year,
following the approval of this Act, the appropriation for the Department
shall not be lower than five billion pesos: Provided further, That 1 billion
pesos (1,000,000,000,00) of the same appropriation shall be allotted for the
Special Assistance Revolving Fund as stated in Section 17 hereof.

SECTION 19. Separability Clause - If any part or provision of this
Act is held unconstitutional or invalid, the other parts or provisions hereof
which are not affected thereby shall continue to be in full force and effect.

SECTION 20. Repealing Clause - All laws, orders, rules or
regulations which, are inconsistent with or contrary to the provisions of this
‘Act are hereby amended or repealed accordingly.

SECTION 21. Effectivity - This Act shall take effect fifteen (15)
days after its publication in at least two (2) national newspapers of general

circulation.


APPROVED.