Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

2317

HOUSE BILL NO."*

INTRODUCED BY HONORABLE CARLO LISANDRO L. GONZALEZ.

AN ACT CREATING THE DEPARTMENT OF OVERSEAS FILIPINOS, DEFINING

ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDS THEREFOR,

RATIONALIZING THE ORGANIZATION AND FUNCTIONS OF GOVERNMENT
AGENCIES

EXPLANATORY NOTE

In 2018, around 10 million Overseas Filipino Workers (OFWs) remitted more than $28
billion to their families, stimulating economic activity here in our country and accounting for
almost 10% of our Gross Domestic Product. Beyond their economic contributions, the Overseas
Filipino Worker, in his decades of existence, has been woven into the fabric of our culture

Unfortunately, our government continues on its ad hoc solutions to problems. Both on
policy and implementation, OFWs have to deal with an alphabet soup of agencies to get the chance
to make their families” lives better, or worse, secure assistance in some foreign land

This state of affairs is tolerable when the OFW returns home, victorious in his gamble.
Then he has the fruits of his labor to be shared with his loved ones, a sweet reunion, and a bright
future when he may excuse the inefficiencies of government in addressing his needs.

Unfortunately, when he finds himself beaten, abused, and alone in a foreign land, or when
victimized by his own countrymen as he sought to fulfill his dreams, then he will have to deal with
a bureaucratic nightmare of offices, commissions, departments, and agencies to find redress. Every
single office has its own mandate which may overlap with other units, rendering the OFW a victim
‘once more, this time of red tape.

And in my bill, | specifically mentioned our seafarers, my constituents and a special class
of OFWs. Alone in the high seas, they must face the troubles which beset all other OFWs, but with
no embassy or consulate within easy reach

Let us give all our OFWs what they deserve — a clear, coherent policy on overseas Filipinos.
implemented properly, with a coordinated response to all possible exigencies. This can be achieved
\with the creation of a department which is attuned to their unique situation and organized for them
alone

It is for this reason that I enjoin my colleagues in the House to support the passage of this
bill

CARL }ONZALEZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular S

ion

HOUSE BILL NO. 2317

INTRODUCED BY HONORABLE CARLO LISANDRO L. GONZALEZ.

AN ACT
CREATING THE DEPARTMENT OF OVERSEAS FILIPINOS, DEFININ'
POWERS AND FUNCTIONS, APPROPRIATING FUNDS THEREFOR,
RATIONALIZING THE ORGANIZATION AND FUNCTIONS OF
GOVERNMENT AGENCIES RELATED TO MIGRATION, AND FOR OTHER
PURPOSES

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

assembled:

CHAPTER I
GENERAL PROVISIONS
SECTION 1. Short Title- This Act shall be known as the “Department of
Overseas Filipinos Act of 2019”

SEC.2 Declaration of Policies-

(a) In the pursuit of an independent foreign policy and while considering national
sovereignty, territorial integrity, national interest and the right to self-determination
paramount in its relations with other states, the State shall, at all times, uphold the dignity
of its citizens, whether in country or overseas, in general and Filipino migrant workers. in
particular, continuously monitor international conventions, adopt/be signatory to and ratify
those that guarantee protection to our migrant workers, and endeavor to enter into bilateral

agreements with countries hosting overseas Filipino workers,

(b) The state shall afford fill protection to OFWs, promote full employment. ensure
equal work opportunities regardless of sex, gender, race, creed or religion, regulate the
regulations between OFWs and their employers, and promote their welfare and well-being
at all times. The State shall protect the rights of the workers to security of tenure, and just
and humane conditions of work. Towards this end, the State shall provide adequate and

timely social, economic, and legal services to OFW;

(c) While recognizing the significant contribution of Filipino migrant workers and

overseas Filipinos to the national economy through their foreign exchange remittances and

investments, the State does not promote overseas employment as a means to sustain

economic growth and achieve national development, The existence of the overseas


‘employment program rests solely on the assurance that the dignity and fundamental human
rights and freedoms of the Filipino citizens shall not, at any time, be compromised or
violated. The State therefore shall continuously create local employment opportunities and
promote the equitable distribution of wealth and the benefits development. Toward this
end, the State shall continually aim to make migration a choice and not a necessity for
every Filipino worker;

(d) The State affirms the fundamental equality before the law of women and men
and the significant role of women in nation building. Recognizing the contribution of
overseas migrant women workers and their particular vulnerabilities, the State shall apply
gender sensitive criteria in the formulation and implementation of policies and programs

affecting migrant workers and the composition of bodies tasked for the welfare of migrant
workers;

(c) Free access to the courts and quasi-judicial bodies and adequate legal assistance
shall not be denied to any person by reason of poverty, In this regard, it is imperative that
an effective mechanism be instituted to ensure that the rights and interests of distressed
overseas Filipinos, in general, and Filipino migrant workers, in particular, whether

regular/documented, are adequately protected and safeguarded:

(1) The right of Filipino migrant workers and of all overseas Filipinos to participate
in the democratic decision-making processes of the State and to be represented in

institutions relevant to overseas employment is recognized and guaranteed:

(g) The State recognizes non-governmental organizations, trade unions, workers
associations, business organizations and other stakeholders duly recognized as legitimate.
as partners of the State in the protection of Filipino migrant workers and in the promotion
of their welfare. The State shall cooperate with them in spirit of trust and mutual respect
The significant contribution of recruitment and manning agencies shall form part of this

partnership,

(h) The State shall protect every citizen desiring to work locally or overseas by
securing for him or her the best possible terms and conditions of employment. The State
shall endeavor to facilitate a free choice of available employment by persons seeking work

and regulate the movement of workers in conformity with the national interest

(i) The State further affirms that the Filipino family, as a basic autonomous social
institution, is the foundation of the nation. Accordingly, the solidarity of the families of

OFWs shalll be strengthened and their total development shall be actively promoted,

(j) The State shall endeavor to fulfill its commitment in the fulfillment of the 23

objectives of the Global Compact for Safe, Orderly and Regular Migration (GCM)

SEC 3. Definition of Terms-


a) Act refers to the “Department of Overseas Filipino Act”;

b) Authority refers to any document issued by the Secretary authorizing the
officers, personnel, agents, or representatives of licensed recruitmentmanning
agency to conduct recruitment and placement activities as a private recruitment
entity;

c) Irregular'D~Undocumented Filipino Migrant Workers refers to the following:
(1) Those who acquired their passports through fraud or misrepresentation:
(2) Those who possess expired visas or permits to stay:

(3) Those who have no travel documents whatsoever;
(4) Those who have valid but inappropriate visas; or
(5) Those whose employment contracts were not approved by the Department

d) License refers to the document issues by the Secretary authorizing a person,
partnership or corporation to operate a private recruitment/manning agency:

©) Manning Agency refers to any person, partnership or corporation duly licensed
by the Secretary to engage in the recruitment and placement of seafarers for
ships plying international waters and for related maritime activities:

f) Non-License refers to any person, partnership or corporation engaged in the
recruitment and placement of overseas Filipino workers without a license. or
whose license has been revoked, cancelled, terminated, has expired or otherwise
delisted from the roll of licenses recruitment/manning agencies registered with
the Department,

g) Overseas employment refers to employment of a worker outside of Philippines:

h) Overseas Filipino refers to migrant workers, other Filipino nationals, and their
dependents abroad, including Filipinos who are permanent residents abroad:

i) Overseas Filipino Worker or Migrant Worker refers to a Filipino who is to be
engaged, is engaged, or has been engaged in remunerated activity in a state
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
an installation located offshore or on high seas. A “person to be engaged in a

remunerated activity

refers to an applicant worker who has been promised or
assured employment overseas:

i) Overseas Filipino Worker in Distress refers to an Overseas Filipino Worker
who has a medical, psycho-social or legal assistance problem requiring
treatment, hospitalization, counselling, legal representation, or any kind of
intervention with the authorities in the country where he or she is found;

k) Private Recruitment/Employment Agency refers to any person, partnership or
corporation duly licensed by the Secretary to engage in the recruitment and

placement of workers for overseas employment for a fee which is charged,


directly or indirectly, from the workers who renewed their employment
contracts with the same principal:
1) Regular’ Documented Overseas Filipino Workers refers to the following”
(1) Those who possess valid passports and appropriate visas or permits
to stay and work in the receiving country; and
(2) Those whose contracts of employment have been approved by the
Department
m) Seafarer refers to any person who is employed or engaged in overseas
employment in any capacity on board a ship other than a government ship used
for military or non-commercial purposes. The definition shall include fisher
folk, cruise ship personnel, and those serving on mobile offshore and drilling
units in the high seas:
n) Secretary refers to the Secretary of the Department of Overseas Filipinos and
Migrant Workers:

CHAPTER I
THE DEPARTMENT PROPER
SEC 4, Creation-The Department of Overseas Filipinos, hereinafter referred to as
the Department, is hereby organized, structurally and functionally in accordance with the

provisions of this Act.

‘The Department us hereby created to serve as the primary agency under the
Executive Branch tasked to promote the welfare of overseas Filipinos; formulate. plan,
coordinate, promote, administer, implement policies and undertake a systematic national
development program for managing and monitoring the overseas/foreign employment of
Filipino workers, including seafarers, domestic helpers, skilled and unskilled workers
taking into consideration domestic manpower requirements and the need to protect their

rights to fair and equitable employment practices.

‘The Department shall render an annual report of its activities and achievements to
the President and to Congress. In addition, it shall have original and exclusive jurisdiction
over all cases involving employcr-employee relations, documented/regular or
undocumented/irregular workers, arising out of or by virtue of any law or contract

involving Filipino workers for overseas employment.

SEC. 5, Powers and Functions- In pursuit of its mandate, the Department shall

have the following powers and functions:

(a) Formulate, recommend, and implement national policies, plans programs, and
guidelines that will ensure the protection of Over’seas Filipinos and Migrant
Workers, and address the problems that they face abroad in consultation with

all relevant stakeholders:


(b) Conduct in-depth studies on all policy areas and options that will ensure
protection of OFW and address perennial issues OFWs face abroad. in

consultation with the relevant stakeholders;

(c) Assess, review, harmonize and coordinate all OF W-related local policies and
procedure and international agreements to ensure overall consistency and

implementation of the national policies:

(4) Protect and promote the interest of every citizen desiring to work overseas by
securing for him/her the most equitable terms and conditions of employment

and by providing social and welfare services:

(c) Protect and promote the welfare, well-being, and interests of the familics of
OFWs;

(£) Formulate general guidelines concerning wage and income policy subject to the

limitations imposed by the laws of the foreign countries:

(g) Build a strong and harmonious partnership with foreign countries and the

private sectors to formulate strategies and implement the same:

(h) Assess, review harmonize and coordinate applicable policies and procedures,
as well as multilateral or bilateral treaties and agreements with OFW countries
of destination and other migrant countries of origin, the United Nations and its
affiliate organizations, and other international and regional organizations, fora.
and processes, in coordination with the Department of Labor and Employment
(DOLE) and the Department of Foreign Affairs (DFA);

(i) Represent Philippine interest and negotiate on matters pertaining to overseas
Filipinos and migrant workers in international bodies, in coordination with the

Department of Foreign Affairs and the Department of Labor and Employment.

(j) Be the primary agency in countries of destination in charge of Overseas Filipino
and Migrant Workers concerns under the control and supervision of the head of
Post in the person of the Ambassador or Consul General following the One
Country Team Approach (OCTA);

(k) Employ a proactive approach in providing assistance to the Overseas Filipinos
and Migrant Workers in times of war, civil unrest or other analogous

circumstances, whether potential or actual;


(1) Assist and provide timely assistance to Overseas Filipinos and Migrant Workers

in distress and, for this purpose, tap the services of local and foreign-based

personnel, lawyers, labor experts, security providers and other professionals

(m)Provide social and welfare services to OF Ws, including insurance, social work

assistance, legal assistance, cultural services, and remittance services:

(n) Provide job matching services to the public, in cooperation with the Department
of Education, the Commission on Higher Education, the Technical Education
and Skills Development Authority, and other government agencies, civil society
and non-governmental organizations, with the view of promoting the global

competitiveness of the Filipino:

(0) Promote knowledge, information and resource sharing, and develop a database

to assist Overseas Filipinos and Migrant Workers anywhere in the world:

(p) Coordinate and support the generation and build-up of resources or funds for

the use of Overseas Filipinos and Migrant Workers;

(q) Coordinate with concerned government agencies in the training and support of

Filipinos who have worked abroad and are returning to the country:

(r) Regulate and guide the business activities relative to the deployment of

Filipino workers and other related activities,

(s) Regulate the operation of private recruitment agencies and other relevant
business entities involved in the deployment of OFW taking into account the
primacy of upholding the welfare and protection of OFW, and with due

consideration to relevant market conditions;

(t) Assist in the professionalization, training and capacity building of private
recruitment agencies, and recognize their freedom of association for the purpose
of self-regulation, raising accountability and effective representation, and the
adoption of a code of ethical conduct among its members, and provide a system

of incentives therefor; and

(u) Promulgate rules and regulations for the implementation of its guidelines and

policies and related laws

SEC. 6. Composition- The Department shall consist of the Department proper
comprising the Office of the Secretary, the Office of the Undersecretaries and Assistant
Secretaries, the Service Units and the Staff Bureaus, and its Regional Offices.


‘The Secretary shall be appointed by the President and confirmed by the Commitiee
‘of Appointments. The Undersecretaries and Assistant Secretaries shall be likewise

appointed by the President upon recommendation of the Secretary.

SEC 7. Secretary of the Department of Overseas Filipino- The authority and
responsibility for the exercise of the mandate of the Department and for the discharge of
its powers and functions shall be vested in the Secretary of Overseas Filipinos, herein
referred to as the Secretary, who shall have supervision and control over the Department

For such purposes, the Secretary shall have the following powers and functions

(a) Establish the policies and standards for the operation of the Department
pursuant to the approved programs of government;

{b) Exercise jurisdiction over all bureaus, offices, agencies and corporations under
the Department as are provided by law, and in accordance with the applicable
relationships as specified in Chapters 7,8, and 9 of the Administrative Code of
1987,

(c) Delegate authority for the performance of any function to officers and
employees of the Department,

(d) Advise the President on the promulgation of executive and administrative
orders, other regulative issuances, and legislative proposals on matters
pertaining to foreign labor and employment;

(e) Formulate policies, guidelines, rules and regulations and others issuances
essential and necessary to carry out Department policies, plans, programs and
projects,

(f) Issue orders, directives, rules and regulations, and other issuances to carry out
foreign labor and employment policies, plans, programs and projects,

(g) Coordinate with other government offices, labor, organizations, employers’
associations, and any other group to carry out the mandate of the Department.

(h) Negotiate with foreign governments in coordination with the Department of
Foreign Affairs treaties, agreements, compacts, and other instruments that are
related to labor migration;

(i) Evaluate the policy, plans, programs and project accomplishments of the
Department;

(i) Prepare reports for the President and for the public:

(k) Administer and manage the Overseas Filipino Assistance Fund, and issue
guidelines for the proper utilization of the fund; and

(i) Exercise such powers and functions as may be provided by law or assigned by
the President.

SEC. 8. Department Units.- The following units are hereby created to be each headed
by an Assistant Secretary and assisted by other officers and staff:


a. ‘The Policy, Planning, Research and Legal Affairs Unit which shalt
1. Undertake research necessary in preparation and evaluation of policy reports

treaties, and multilateral and bilateral agreements,

Assist and draft policies in line with the functions of the Office of the Secretary

of the Department,

3. Ensure that development policies are in line with national development,

4. Analyze data in order to make informed decisions and to guide policy
intervention with regard to migration and foreign employment: *

5. Ensure collection of accurate and quality statistics to conduct analysis of the
changes in the labor and foreign market;

6. Advise and assist the Secretary and the Undersecretaries in the formulation of
the Department's over-all-range and short-term plans and programs on overseas
employment, with special focus on the government's compliance with
international labor agreements;

7. Reviews and evaluates the progress/status of projects and accomplishments in
relation to set standards, objectives and schedules; and

8. Perform such other functions as may be provided by law or assigned by the
Secretary and/or Undersecretaries from time to time.

b. Administrative Unit which shall provide the Department with efficient, effective
and, economical services relating to records, management, supplies, equipment,
collections, disbursements, building administration and maintenance, security, and
custodial work;

°

Human Resource Development Unit which shall provide the Department with a
program and corresponding projects that shall make available training, education,
and development opportunities needed to upgrade the levels of competence and
productivity of Department managers and personnel, It shall absorb the powers and
functions of the Administrative Service in relation to the development and
administration of personnel programs including selection and placement
development, performance evaluation, employee relations, and welfare;

d. Financial Management Unit which shall be responsible for providing the
Department with efficient, effective, and economical service relating to budgetary
financial, management improvement, and internal control matters;

¢. Information and Publication Unit which shall be responsible for promoting rapport

and understanding between the Department and the public through the development

of public relations programs and dissemination of accurate and updated information
on foreign labor and employment, by means of publication, radio, television, and
social media coverage of special events and related matters on the Department's

policies, plans, programs, and projects. The service shall likewise be responsible


for providing answers to queries from the public regarding the Department's
policies, rules, regulations, programs, activities, and services; and

£ The Overseas Filipinos Assistance Fund Unit which shall be responsible for
assisting the Secretary in the management and use of the Overseas Filipino
Assistance Fund.

g. THE FILIPINO SEAFARERS (MARITIME PROFESSIONALS) UNIT
WHICH SHALL BE RESPONSIBLE FOR PROVIDING FULL PROTECTION
IN RECOGNITION OF  SEAFARERS' UNIQUE ROLE
CONTRIBUTION TO NATIONAL DEVELOPMENT.

SEC. 9. Undersecretaries. - The Secretary shall bed assisted by not more than six (6)
Undersecretaries who shall be appointed by the President upon the recommendation of the
Secretary. The following offices are hereby created to be each headed by an Undersecretary

and assisted by other officers and staff:

a. Office of the Undersecretary for Administration and Finance which shall provide

the Department with efficient, effective and, economical services relating to

records, management, supplies, equipment, collections, disbursements, building
administration and maintenance, security and custodial work; administer personne!
programs including selection and placement, development, performance
evaluation, employee relations, and welfare; manage internal budgetary and
financial matters. The Office shall supervise the operational activities of the
Administrative Unit, Human Resource Development Unit and the Financial
Management Unit;

b. Office of the Undersecretary for Foreign Employment which shall absorb the
mandates and functions of the Philippine Overseas Employment Administration
under Executive Order 247 s. 1987 and Republic Act No. 8042, as amended. and
shall have the following additional functions:

i. Advise and assist the Secretary in the formulation of the Department's over-all
long-range and short-term plans and programs on overseas employment, with
special focus on the government's compliance with international labor
agreements,

2. Review and evaluate the progress/status of projects and accomplishments in
relation to set standards, objectives and schedules:

3. Supervise the operational activities of the Policy Planning, Research and Legal

Affairs Unit, and the Information and Publication Unit; and
4. Perform such other functions as may be provided by law or assigned by the
Secretary from time to time.
¢. Office of the Undersecretary for Reintegration and Social Services which shall
absorb the mandates and functions of the Overseas Workers Welfare

Administration under Republic Act No. 10801, implement and deliver programs


and services through regional and on-site operations and shall have the following

additional functions

1. Develop support programs and projects for livelihood, entrepreneurship,
savings, investment and financial literacy for returning Filipino overseas
migrant workers and their families, in coordination with relevant stakeholders,

service providers and international organizations;

Vv

Coordinate with appropriate stakeholders, service providers and relevant
international organizations for the promotion, development and the full
utilization of the skills and potentials of returning overseas Filipino workers.

3. Institute, in cooperation with other government agencies concerned, a
computer-based information system on returning Filipino overseas migrant
workers which shall be accessible to all local recruitment agencies and
employers, both public and private;

4. Provide a periodic study and assessment of job opportunities on returning
Filipino overseas migrant worker.

5. Develop and implement other appropriate programs to promote the welfare of
returning Filipino overseas migrant workers;

6. Maintain an interest-based communication system for on-line registration of
returning OFWs and interaction with clients, and maintain and upgrade
computer-based service capabilities of the Department;

7. Develop capacity-building programs for returning overseas Filipino workers
and their families, implementers, service providers and stakeholders;

8. Conduct research for policy recommendations and program development, and

9. Undertake other programs and activities as may be determined by the
Department.

Office of the Undersecretary for Overseas Filipinos which shall have the following

functions.

1. Formulate, in coordination with agencies concerned an integrated program for

the promotion of the welfare of Filipinos overseas for implementation by

suitable existing agencies,

Coordinate and monitor the implementation of such as integrated program:

3, Initiate and directly undertake the implementation of special projects and
programs, whenever necessary, to promote the welfare of Filipinos overseas
with respect to their interest and activities in the Philippines;

4. Serve as a forum for preserving and enhancing the social, economic and cultural
ties of Filipinos overseas and with their motherland:

5. Provide liaison services to Filipinos overseas with appropriate government and

private agencies in the transaction of business and similar ventures in the

Philippines; and


6. Perform such other functions as may be provided by law or assigned by the
Secretary from time to time.

©. Office of the Undersecretary for As

ance to Overseas Filipinos in Distress which
shall have the following functions:

1. Provide prompt and appropriate response to global emergencies or crisis
situations affecting OFWs and their families;
2. Recommend to the Secretary the grant of the use of Overseas Filipinos

Assistance Fund,

3. Draft the guidelines, procedures and criteria for the provisions of Overseas
Filipinos Assistance Fund to Overseas Filipino and Migrant Workers;

4. Ensure effective coordination and cooperation with other agencies and the
Foreign Service Posts in the provision of assistance from the Overseas Filipinos
Assistance Fund to Overseas Filipino and Migrant Workers: and

5. Supervise the operational activities of the Overseas Filipinos Assistance Fund
Unit

f£. Office of the Undersecretary for International Labor Affairs which shall have the
following functions

|. Monitor the observance and implementation of the Philippines” obligations and

commitments to international organizations and treaties: .

N

Supervise and monitor the activities of the Philippine Overseas Labor Offices

Coordinate with the Department of Foreign Affairs regarding treaties.
agreements, compacts, and other instruments that are related to labor migration
and

4, Perform such other functions as may be provided by law or assigned by the

Secretary.

SEC. 10. Regional Offices.

operate, and maintain such Department-wide Regional Offices in each of the administrative

rhe Department shall hereby authorize to establish,

regions in the country, insofar as necessary, which shall be headed by a Regional Director
who shall have supervision and control thereof. The Regional Director, whenever
necessary, shall be assisted by an Assistant Regional Director. A Regional Office shall

have, within its regional area, the following functions:

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

(b) Provide economical, efficient and effective service to the people:

(c) Coordinate with regional offices of other departments and agencies:

(d) Coordinate with local government units; and

(e) Perform such other functions as may be provided by law or assigned by the
Department.


SEC. 11. Qualifications. — No person shall be appointed Secretary, Undersecretary,
or Assistant Secretary of the Department unless he or she is a citizen and resident of the
Philippines, of good moral character, of proven integrity and with competence and
expertise in the plans, programs, projects and activities of the government relative to

overseas labor and employment.

SEC. 12. Sectoral 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, 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 units and government-owned and controlled corporations,

may be appointed to these working groups,

SEC. 13. OFW Malasakit Center. -The Department, in partnership with other
government agencies and local government units, shall establish a one-stop shop OFW
assistance center to be known as “ OFW Malasakit Center” in all provinces and major cities
to ensure prompt and efficient provision of services to OFWs and their families such as
acquisition of government permits, validation of overseas job offers, grievance and

complaints desks and reintegration services.

CHAPTER IIT
‘TRANSFER AGENCIES
SEC. 14. Transfer of Bureaus, Offices and Agencies. ~ (a) The following agencies
are hereby abolished, and their powers and functions under Republic Act 8042 as amended
by RA 10022 and other applicable laws and the funds and appropriations, records.

equipment, property, and personnel are likewise transferred to this Department

(1) Overseas Workers Welfare Administration (OWWA);

(2) Philippine Overseas Employment Administration (POEA):

(3) Commission on Filipino Overseas (CFO):

(4) International Labor Affairs Bureau of the Department of Labor and Employment
and

(5) National Reintegration Center for OFWs.

‘The powers and functions of the Office of the Undersecretary for Migrant Workers
Affairs under the Department of Foreign Affairs and all Philippines Overseas Labor Offices
and their officials under the DOLE are hereby transferred to this department.

In the case of OWWA, all its funds whether appropriated under the GAA and all its

trust funds are transferred to this Department.


The law and rules on government reorganization as provided for by Republic Act
6656, otherwise known as the Reorganization Law and other relevant civil service laws

and regulations shall govern the reorganization process of the Department

CHAPTER IV
TRANSITORY PROVISIONS
SEC. 15. New Structure and Pattern, -Upon the approval of this Act, the relevant
officers and employees of the transferred entities under Section 13 of this Act shall in a
hold over capacity, continue to perform their respective duties and responsibilities and
receive the corresponding salaries and benefits unless in the meantime they are separated

from government service as may be provided by law

Subject to the approval of the Department of Budget and Management, the
Department shall, within six (6) months from the affectivity of this Act, determine its
organizational structure, staffing pattern, operating system, 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.

SEC. 16. Absorption or Separation from Service of Employees of the
Consolidated Agencies. ~ The existing employees of the agencies transferred under the
Department shall enjoy the security of tenure and shall be absorbed by the Department. in
accordance with the new staffing pattern and organizational structure as provided for in
Section 14 of this Act, and the selection process as prescribed under Republic Act No.

6656, otherwise known as the “Government Reorganization Law”.

Employees opting to be separated from the service as a consequence of the
consolidation and reconstitution under the provisions of this Act shall within one (1) month
from their separation or phase from service, receive separation benefits in accordance with
existing laws, In addition, those who are qualified to retire shall be allowed to retire and be

entitles to all benefits provided, under any of the existing retirement laws.

SEC.17. Rationalization and Other Transitory Provisions. — In the transfer of

entity of functions as prescribed in the Act, the following rules shall be provided

(a) Any transfer of entities shall include the functions, appropriations , funds, records,
equipment, facilities, other properties, assets, and liabilities of the transferred entity as well
as the personnel thereof as may be necessary, who shall, in ahold over capacity. continue
to perform their respective duties and responsibilities and receive the corresponding
salaries and benefits, unless in the meantime they are separated from government service
pursuant to existing laws, Those personnel from the transferred entity whose positions are
not included in the new position structure and staffing pattern approved by the Secretary
or who are reappointed shall be entitled to benefits provided in the second paragraph of

Section 15 hereof,


(b) Any transfer of functions which results in the abolition of the entity that has
exercised such transferred functions shall include, as may be necessary to the proper
discharge of the transferred functions, the appropriations, funds, records, equipment,
facilities, other assets and personnel of the entity from which such functions have been
transferred, The remaining appropriations and funds shall revert to the General Fund and
the remaining records, equipment, facilities, and other assets shall be allocated to such
appropriate units as the Secretary shall determine or otherwise shall be disposed of, in
accordance with the pertinent laws, rules and regulations, The liabilities, if any, of the
abolished entity shall be treated likewise in accordance to pertinent laws, rules and
regulations. Incumbents of the abolished entity shall, in a hold over capacity, continue to
perform their respective duties and responsibilities and receive the corresponding salaries
and benefits unless in the meantime they are separated from government service pursuant
existing laws. Any such personnel whose position is not included in the new position
structure and staffing pattern approved by the Secretary or who is not reappointed shall be
entitled to the benefits provided in the second paragraph of Section 15 hereof, and

(c) Any transfer of functions which does not result in the abolition of the entity that
hhas exercise such transferred functions shall include the appropriations, funds, records,
equipment, facilities, other assets as well as the personnel of the entity from which such
functions have been transferred that are necessary to the proper discharge of such
transferred functions. The liabilities, if any, which have been incurred in connection with
the discharge of the transferred functions, shall be allocated in accordance with the
pertinent laws, rules and regulations, Such personnel shall, in a hold over capacity, continue
to perform their respective duties and responsibilities and receive the corresponding
salaries and benefits unless in the meantime they are separated from the government service
pursuant existing laws. Any such personnel whose position is not included in the new
position structure and staffing pattern approved by the Secretary or who is not appointed
shall be entitled to the benefits provided in the second paragraph of Section 15 hereof

CHAPTER V
‘THE OVERSEAS FILIPINO WORKERS IN DISTRESS
AND ASSISTANCE FUND

SEC. 18. Overseas Filipinos Assistance Fund. — The Legal Assistance Funds
provided for under Section 25 of Republic Act No. 8042, as amended, is abolished. In its
stead an Overseas Filipinos Assistance Funs to address the needs of regular and irregular
OFWs in distress, and those OFWs returning to the Philippines for good, in the amount of
Five Billion Pesos (5,000,000,000) is hereby created. The fund shall be allocated for the
following purposes:


(a) Repatriation;

(b) Legal assistance including litigation expenses, legal fees, payment of translation
fees, attendance in court hearings:

(c) Defraying necessary expenses and making payments for the life-saving rescue
medical and hospitalization expenses, retrieval, and rehabilitation of OFWs in
distress, as needed;

(d) Basic necessities of OFWs in emergency situations or in detention; and

(c) Livelihood training and loans for OFWs who have decided to return to the

Philippines for good,

The Secretary shall issue guidelines, rules and regulations on proper management,
utilization and disbursement of the Fund. The Department shall submit a quarterly fund
utilization report to the Office of the President, copies of which shall be made available to

Congress

CHAPTER VI
APPROPRIATIONS
Sec. 19. Appropriations, — The amount of One Billion Pesos (P 1,000,000,000) for the
initial operation of the Department shall be sourced from the Contingent Fund of the
President as well as from the existing funds of the attached offices, bureaus, and agencies.
Subsequent funding requirements shall be included in the annual General Appropriations
Act. The Department shall include in its proposed budget the necessary amount to enable

it to achieve its mandate,

CHAPTER Vit
MISCELLANEOUS
Sec. 20, Implementing Rules and Regulations. — The DFA, DOLE, DBM, POEA.
OWWA, CFO, NCRO and the Civil Service Commission shall, within sixty (60) days after
the effectivity of this Act, promulgate such rules and regulations necessary to implement
this Act.

Sec 21. Implementing Authority of the Secretary. ~ The Secretary shall issue such
rules, regulations, and other issuances as may be necessary to ensure the effective

implementation of the provisions of this Act.

See 22. Separabi

Clause. — Any portion or provision of this Act that is declared
unconstitutional shall not have an effect of nullifying other portions of provisions hereof

as long as such remaining portions can still subsist and be given effect in their entirety

Sec 23. Repealing Clause. ~ All laws, ordinances, rules, regulations, other issuances
or parts thereof, which are inconsistent with this Act, are hereby repealed or modified

accordingly. This Act does not repeal any benefits already provided and accorded to


Overseas Filipinos and Migrant Workers in other laws, ordinances, rules, regulations and

other issuances.

See. 24, Effectivity. — This Act shall take effect fifteen (15) days after its publication

in the Official Gazette of in a newspaper of general circulation

Approved,