REPRESS
x oN

i %
Republic of the Philippines f’ RECEIVED 2
HOUSE OF REPRESENTATIVES © pyre. SUL 1 6
Quezon City TIME
3 By;
EIGHTEENTH CONGRESS <, $
Se n “>
First Regular Session upex ©
2207
HOUSE BILL NO.

Introduced by: REP. PROSPERO A. PICHAY, JR.

EXPLANATORY NOTE

For many years now, our Overseas Filipino Workers (OFWs) which now
numbered to about 10.3 million, have been contributing greatly to sustain the
Philippine economy through the remittances of billions of precious foreign exchange,
accounting to the significant increase in our gross domestic product. Records from
the Bangko Sentral ng Pilipinas (BSP) showed that remittances from our OFWs
amounted on the average of about US$27 billion per year, in the last three(3) years.
Our OFWs has helped tremendously to make our economy stable, hence they are
hailed as modern day heroes or "Mga Bagong Bayani’ by the past and present
administrations.

Our OFWs are called heroes not only for getting our economy afloat but also
because of their sacrifices. Working in another country as an overseas worker
definitely involves some risks, danger and of course the feeling of sadness to be
away from family. But because of the necessity to make a living for himself and his
loved ones, many of them have suffered various forms of abuse and rude treatment
not only from their employers but also from government representatives or embassy
Officials of the receiving country. They have been suffering from exploitation of any
‘sort by an employer or a recruiter such as non-payment or underpayment of the
contracted wages, unfair charging of unnecessary fees, illegal and untimely
termination of work contract, human trafficking, and other various forms of
harassment. Recently, some of them suffered serious trouble such as death and to
some women, rape and molestation from their employers and even from the police of
the host countries. The lamentable predicament or occurrences have caused grave
concern for the overseas employees, their families and from our own government
such that at one time, President Rodrigo Roa Duterte was prompted to declare a
deployment ban of OFWs to Kuwait.

At present, several government agencies are involved in looking after the
welfare and interest of OFWs, among them; the Department of Foreign Affairs (DFA)
through its Office of the Undersecretary for Migrant Workers Affairs (OUMWA) and
its various embassies,and the Department of Labor and Employment(DOLE) through
its attached agencies such as the Philippine Overseas Employment Administration


(POEA), the Overseas Workers Welfare Administration (OWWA), the National
Reintegration Center for OFWs(NRCO) and the International labor Affairs
bureau(ILAB).There are also offices under the Office of the President such as the
Commission on Filipinos Overseas(CFO) and the Presidential Adviser on OFW and
Muslim Concerns. All these agencies have one way or the other gotten involved to
address the various concerns of OFWs, such as their recruitment and deployment
and their welfare abroad which include their shelter and repatriation.Concerns about
illegal recruitment, excessive collection of placement fees, and legal assistance are
supposed to be addressed but often times, delays in addressing such problems
happen because of intertwined functions of these agencies. Unfortunately, the
presence of these various government agencies results to a very complicated
migration management structure. While coordination of these agencies are
essential, they often lead to overlapping or duplication of functions and
responsibilities and wastage of public funds. Presently, the government can only
offer them token loans or in some, miniscule capital as one shot financial assistance.

Just a couple of weeks ago, we have heard of a Filipina worker being raped
by a Kuwaiti policeman, and two weeks before that, another Filipina worker was
killed by her employer. There are still a lot of workers housed in Philippine
government shelters in several middle east countries waiting to be repatriated.
Several bilateral agreements has yet to be negotiated and signed such as those in
the middle eastern countries, in particular, UAE. As long as these bilateral
agreements and the absence of existing laws in the receiving countries that protects
and safeguards the rights of our OFWs, their difficult plight in those countries will
persist. We have continued to hear reports of abuse of our countrymen abroad by
employers who refuse paying their salaries, refuse to give them rest in between
work, and asking them to work in excess of the hours agreed in the contract and
many more. There is also the problem caused by civil strife in the receiving country
that results to displacement of many OFWs and repatriating them becomes a big
problem thereby causing various complaints from so much delay in the repatriation.
And those who return to the country has complained of their struggle to integrate
themselves due to the slow process of government reintegration programs and lack
of funds to support them to establish a new life. Lastly, the failure to provide
immediate and efficient legal assistance to those OFWs who are victims of false
charges by employers whereby the latter are favored by the host government
functionaries.

As stated earlier, so many agencies were created and tasked by our
government to handle these OFW concerns and are expected to answer for the
needs of potential OFWs thinking of leaving the country and for those who are
returning after many years of working abroad. Yet these various government
efforts fail to guarantee the protection and welfare of our OFWs, thus, are still found
wanting. Still many OFWs feel that they are neglected by government. Reports that
many OFWs are lamenting on the delayed and inadequate support and assistance
while they are facing difficult situations abroad are often received.

There is a continued inadequacies of our government in terms of responding to the
needs of our OFWs. One of the most important factors that contribute to our
government's inadequacy is the lack of efficient and effective coordination among


our agencies that handle OFW concerns. They are inadequate as these agencies
are independent of each other as well as attached to other agencies in which the
highly specialized concerns of our OFWs are only secondary. This lack of
coordination results not only to redundancy of work but also to specific concerns
being potentially overlooked especially among multiple agencies having the same
jurisdiction.

Thus, this Bill seeks to create the Department of Overseas Filipino Workers
to address the needs of our OFWs all under one government body. This will
consolidate and house into one the powers and functions ofall these agencies
namely, POEA, OWWA, NRCO, ILAB and CFO. The powers and functions of
OUMWA at DFA and the Presidential Adviser on OFWS are likewise absorbed by
this new department. This will also integrate the work of the DSWD performed
abroad which somehow duplicates the function of OWWA and the POLO offices
thereby causing the wasteful expenditure of precious funds. The creation of this
department will harmonize all national policies and guidelines to ensure the
protection of OFWs, among other functions. It is envisioned to serve our OFWs
better as their concerns would be given primary attention. It will also result in better
management of our resources as processes will be streamlined and duplication of
functions and wasteful expenditure of precious funds will be reducedalbeit prevented
thereby promoting efficient and effective service that will adequately serve the needs
of our OFWs.

The creation of this new department is also the realization of President
Rodrigo Duterte's promise to create a department which will address all the concerns
and issues of all overseas Filipino workers and Migrant workers alike. This will also
give a true meaning to call our OFWs "Mga Bagong Bayanis’ as they will be afforded
the hero treatment they so rightly deserve after their many sacrifices they have made
for our country.

Alll premises considered, the approval of this bill is earnestly sought.

PROSPEI . PICHAY, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. AE

Introduced by: REP. PROSPERO A. PICHAY, JR.

AN ACT
CREATING THE DEPARTMENT OF OVERSEAS FILIPINO WORKERS, 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 (OFW) Act of 2019.

SEC. 2.Declaration of Policy - The Philippine Constitution in unequivocal term
provides that the State affirms labor as the country's primary social economic force.
Thus, the State shall protect the right of workers and promote their welfare. By
protecting the right of workers and promote their welfare, it shall also be the policy of
the State to ensure the protection of the rights of our overseas Filipino workers and
promotion of their welfare and safety as well. In view of this, the State shall effect
the necessary and proper changes in the agencies and instrumentalities promoting,
managing, and protecting the Overseas Filipino Workers or Migrant Workers as they
are interchangeably called in order to rationalize and promote efficiency and
effectiveness in the delivery of services to our OFWs. It is hereby declared as
policies of the State the following:

(a) The State shall at all times uphold the dignity and respect of all its
Overseas Filipino Workers(OFWs) and shall continuously pursue the
conclusion of bilateral agreements with receiving Countries that will
protect and promote the rights and welfare of the OFWs, monitor
international conventions and adopy, sign and ratify those that guarantee
the protection to our OFWs, and negotiate for Philippine interest on
matters pertaining to OFWs' affairs;

(b) The State shall guarantee the OFWS free access to the courts and quasi-
judicial bodies and adequate legal assistance shall not be denied to them
by reason of poverty. In this regard, it is imperative that an effective
mechanism be instituted to ensure that the rights and interest of
distressed overseas Filipinos, in general, and Filipino migrant workers, in


particular, whether regular/documented or irregular/undocumented, are
adequately protected and safeguarded;

(c) The State recognizes that the most effective tool for empowerment is the
possession of skills by migrant workers or overseas workers. The
government shall provide them free and accessible skills development
and enhancement programs. Pursuant to this and as soon as practicable,
the government shall deploy and/or allow the deployment only of skilled
Filipino workers, provided that, in order for Household or Domestic
Workers be considered skilled, they shall undertake massive training to
acquire mastery in their field of endeavor;

(d) The State recognizes non-governmental organizations, trade unions,
workers associations, stakeholders and their similar entities duly
recognized as legitimate, are partners of the State in the protection of
Overseas Filipino Workers (OFWS) and in the promotion of their welfare.
The State shall cooperate with them in a spirit of trust and mutual respect.
The significant contribution of recruitment and manning agencies shall
from part of this partnership.

(e) The State, while recognizing the significant contribution of OFWs to the
national economy through their foreign exchange remittances, 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 of 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 of development.

(f) The state affirm the fundamental equality before the law of women and
men and the significant role of women in the nation building. Recognizing
the contribution of women OFWs, the State shall apply gender sensitive
criteria in the formulation and implementation of policies and programs
affecting OFWs;

(g) The State shall recognize the right of OFWs to participate in the
democratic decision-making processes of the State and to recognize and
guarantee their representation in institutions relevant to overseas
employment;

(h) The State shall make available social and welfare programs and services
to OFWs, including social assistance, education and training, cultural
services, financial management, reintegration, and entrepreneurial
development services;

(i) The State shall provide prompt and appropriate response to global
emergencies or crisis situations affecting OFWs and their families;


() The State shall ensure a mechanism whereby the efficiency of collections
and the viability and sustainability of social funds whether provided by the
State or collected as membership fees for the welfare and protection of
OFWs through the formulation of sound, judicious, and transparent
investment and management policies;

(k) The state shall undertake studies and researches for the enhancement of
the social, economic, and cultural well-being of OFWs and their families;

SEC. 3. Definition of Terms. — The following terms, as used in this Act, shall
mean:

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

b) Authority refers to a document issued by the Secretary authorizing the

officers, personnel, agents, or representatives of licensed

Tecruitment/manning agency to conduct recruitment and placement

activities as a private recruitment entity;

Irregular/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 contract6s were not approved by the
Department.

(d) License refers to the document issued 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 workers outside the
Philippines;

(h) Overseas Filipinos 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 of 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 on an installation located offshore or on the high
seas. A “person to be engaged in a remunerated activity” refers to an

iC)

@)


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 ro legal assistance problem requiring
treatment, hospitalization, counseling, 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;

(\) Regular/Documented Overseas Filipino Workers refers to the following:

(1) Those who possess vaid 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;

SEC. 4. Creation of the Department of Overseas Filipino Workers. —
There shall be created a Department of Overseas Filipino Workers, hereinafter
referred to as the Department, which shall be the primary agency of government that
is organized structurally and functionally, in accordance with the provisions of this
Act.

SEC. 5. Mandate. - The Department shall be the main policymaking,
planning, coordinating, implementing, and administrative entity of the Executive
Branch of the government in the field of overseas labor and employment. It shall
formulate, plan coordinate, administer and implement systematic programs for
promoting the welfare of OFWs and monitoring their overseas employment, taking
into consideration domestic manpower requirements and the need to protect their
fights to fair and equitable employment practices.

SEC. 6. Powers and Functions of the Department. - The Department shall
have the following powers and functions:

(a) Allow the deployment of overseas Filipino workers only in countries where the
rights of Filipino migrant workers are protected. The Department recognizes any of
the following as a guarantee on the part of the receiving country for the protection of
the rights of overseas Filipino workers:

"(a) It has existing labor and social laws protecting the rights of
workers, including migrant workers;


"(b) It is a signatory to and/or a ratifier of multilateral conventions,
declarations or resolutions relating to the protection of workers,
including migrant workers; and

"(c) It has concluded a bilateral agreement or arrangement with the
government on the protection of the rights of overseas Filipino
Workers:

Provided, That the receiving country is taking positive, concrete measures to protect
the rights of migrant workers in furtherance of any of the guarantees under
subparagraphs (a), (b) and (c) hereof.

“In the absence of a clear showing that any of the aforementioned guarantees exists
in the country of destination of the OFWs, no permit for deployment shall be issued
by the the Department or its subordinate offices

(b) Formulate and recommend national policies and guidelines and conduct in-depth
‘studies on all policy areas and options that will ensure protection of OFWs in
consultation with relevant stakeholders;

(c)Build a strong and harmonious partnership with foreign countries and the private
sectors to formulate strategies in furtherance of OFWs safety and welfare and
implement the same;

(d) Assess, review, harmonize and coordinate all OFW-related local policies and
procedures and international agreements to ensure overall consistency and
implementation of national policies;

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

(f) 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 time of war and civil unrest, whether potential or
apparent;

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

(h) Assist and provide technical expertise in the troubleshooting of the 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;

(i) Promote, develop and monitor the continuing education, training and qualification,
availability and deployment of OFWs and coordinate with agencies concerned in
the training of OFWs to improve their global competitiveness;

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


(k) Regulate and guide the business activities relative to the deployment of Filipino
workers and other related activities;

(1) Promulgate rules and regulations for the implementation of its guidelines, policies
and related laws;

(m) Administer, accept, hold and utilize property, both personal and real, subject to
constraints by existing laws, for the purpose of assisting and expediting the work
of the Department, and

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

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

(p) Develop and implementi welfare programs and services that respond to the
needs of member-OFWs and their families. It shall administer the trust fund to
be called the OWWA Fund as it absorbed the powers and functionsof OWWA.

SEC. 7. Composition. - The Department shall consist of the Department
proper comprising of 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
Commission on Appointments. The Undersecretaries and Assistant Secretaries
shall likewise be appointed by the President upon his own choice or upon the
recommendation of the Secretary.

SEC. 8. Secretary of the Department of Overseas Filipinos.— 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, hereinafter 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) Provide executive direction and supervision over the entire operations of the
Department and its attached agencies;

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

(©) Review and approve requests 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, assistant secretaries, and regional directors and assistant
regional directors, in accordance with the civil service laws, rules and regulations;

(e) Exercise disciplinary powers over officers and employees of the Department in
accordance with law, including their investigation and the designation of a
committee or officer to conduct such investigation;

(f) Coordinate with local government units (LGUs), other agencies and public and
Private interest groups, including nongovernment organizations (NGOs) and
people's organizations (Pos) on Department policies and initiatives;

(g) Prepare and submit to the President through the Department of Budget and
Management (DBM) an estimate of the necessary expenditures of the
Department during the next fiscal year, on the basis of the reports and estimates
‘submitted by bureaus and offices under him/her;

(h) Advise the President on the promulgation of executive and administrative orders
and formulation of regulatory and legislative proposals on matters pertaining to
the OFWs.

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

() Perform such other tasks as may be provided by law or assigned by the
President.

Section 9. The Undersecretaries. — The Secretary shall be assisted by not
more than five (5) Undersecretaries who shall be appointed by the President.

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 personnel 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 Resourced
Development Unit and the Financial Management Unit;

(b) Office of the Undersecretary for Overseas Employment and for Overseas
Filipinos which shall exercise 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:

1. 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, objectis 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.

5. 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 an integrated program;

Initiate and directly undertake the implementation of special projects and

programs, whenever necessary, to promote the welfare of Filipinos overseas

with respect to their interests and activities in the Philippines;

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

9. Provide liaison services to Filipinos overseas with appropriate government
and private agencies in the transaction of business and similar ventures in the
Philippines, and

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

No

(c) Office of the Undersecretary for Reintegration and Social Services and for Assistance
to Overseas Filipinos in Distress 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 ation of the skills and potentials of returning overseas
Filipino workers;

2. 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;

3. Provide a periodic study and assessment of job opportunities for returning
Filipino overseas migrant worker;

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

5. 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;

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

7. Conduct research for policy recommendation and program development; and

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

9. Provide prompt and appropriate response to global emergencies or crisis
situations affecting OFWs and their families;

10.Recommend to the Secretary the grant of the use of Overseas Filipinos
Assistance Fund;


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

12. 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

13, Supervise the operational activities of the Overseas Filipinos Assistance Fund
Unit

(d) Office of the Undersecretary for International Labor Affairs which shall have the
following functions:

1.Monitor the observance and implementation of the Philippines’ obligations and
commitments to international organizations and treaties;
2. Supervise and monitor the activities of the Philippine Overseas Labor Offices;
3.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.

(€) Office of the Undersecretary for Policy Planning, Research, and Legal Affairs which
shall:

1,.Undertake research necessary in preparation and evaluation of policy reports,
treaties, and multilateral and bilateral agreements;

2Assist and draft policies in line with the functions of the Office of the Secretary
and 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 long-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.

SEC. 10. Assistant Secretaries. - The Secretary and the Undersecretaries
shall be assisted by seven (7) assistant secretaries who shall be appointed by the
President and shall assist the Secretary and the Undersecretaries as the case
maybe to wit

(a) Assistant Secretary for Administration and Finance
(b) Assistant Secretary for Overseas Employment and Overseas Filipinos

(c) Assistant Secretary for Reintegration and Social Services and for Assistance to
Overseas Filipinos in Distress


(d) Assistant Secretary for International Labor Affairs Undersecretary

(e) Assistant Secretary for for Policy Planning, Research

(f) Assistant Secretary for Legal Affairs who shall be lawyer

(g) Assistant Secretary for Legislative Liason with the Senate and the House of
Representatives.

The assistant secretaries may be career officers or non-career officers depending
upon the discretion of the President of the Philippines.

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 employment.

SEC. 12. Regional Offices. - The Department may establish, operate, and
maintain a regional office in the different administrative regions of the country as the
need arises. Each regional office shall be headed by a Regional Director, who may
be assisted by one (1) Assistant Regional Director. The Regional Director and
Assistant Regional Director shall be appointed by the President. 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 timely, affordable, efficient and effective service to the people in
line with the Department goals and objectives with emphasis on the
protection and welfare of OFWs;

(©) Coordinate with regional offices of other departments, offices, and
agencies;

(d) Coordinate with the LGUs; and

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

SEC. 13. Sectoral and Industry Task Forces. — The Department may create
stask forces, technical working groups, advisory bodies or committees for the
furtherance of its objectives. Additional private sector representatives, such as from
the academe, NGOs , POs and federation of private industries directly engaged in
the deployment of OFWs, as well as representatives of other National Government


Agencies (NGAs), LGUs and government owned or controlled corporations (GOCCs)
may be appointed to these working groups.

SEC. 14. Transfer of Agencies and Personnel. —

(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) National Reintegration Center for OFWs (NRCO);

(5) International LABor Affairs Bureau of DOLE

The powers and functions of the DFA’s Office of the Undersecretary for Migrant
Affairs and also all Philippine 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. Likewise, the newly created and
established OWWA Bank should now be under this Department. Further, the
establishment of the OFW Hospitals should also be under this Department

(b) 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 this Department.

SEC. 15. Transitory Provisions. - The Department shall carry out the
reorganization of the aforesaid agencies in such a manner that personnel of the
agencies absorbed by the Department shall continue to perform their respective
duties and responsibilities in a holdover capacity so as not to unduly delay the
services provided to the OFWs.

SEC. 16. Structure and Staffing Pattern. - Subject to the approval of the
DBM, the Department shall determine its organizational 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.

SEC. 17. Early Retirement, Separation Pay and Other Benefits. -
Personnel of the merged agencies who will not be absorbed into the new staffing
pattern due to redundancy or failure to comply with the standards of competence and


proficiency, or who will be offered positions under the new staffing pattern but who
decline such appointment by reason of diminution in rank, benefits and work
conditions, or who are offered positions under the new staffing pattern without any
diminution in rank, benefits and work conditions but who decline such appointment, if
qualified, shall be given the option to avail themselves of any of the following,
whichever is beneficial to them:

(a) Retirement gratuity provided under Republic Act No. 1616 (An Act Further
Amending Section Twelve Of Commonwealth Act Numbered One Hundred Eighty-
Six, As Amended, by Prescribing Two Other Modes Of Retirement And For Other
Purposes), as amended, payable by the last employer of the affected personnel, plus
the refund of retirement premiums payable by the Government Service Insurance
System (GSIS), without the incentive herein provided.

(b) Retirement benefit under Republic Act No. 660 (An Act To Amend
Commonwealth Act Numbered One Hundred And Eighty-Six, Entitled “An Act to
Create And Establish A Government Service Insurance System, To Provide For Its
Administration, And To Appropriate The Necessary Funds Therefor,” And To Provide
Retirement Insurance And For Other Purposes) or applicable retirement, separation
or unemployment benefit provided under Republic Act No. 8291 (An Act Amending
Presidential Decree No. 1146, As Amended, Expanding And Increasing The
Coverage And Benefits Of The Government Service Insurance System, Instituting
Reforms Therein and For Other Purposes) if qualified, plus the following applicable
incentives:

(b.1) 1/2 month of the present basic salary for every year of
government service and a fraction thereof, for those who have rendered
twenty (20) years of service and below:

(0.2) 3/4 month of the present basic salary for every year of
government service and a fraction thereof, computed starting from the 1%
year, for those who have rendered twenty-one (21) to less than thirty-one (31)
years of service; and

(b.3) 1 month of the present basic salary for every year of government
service and a fraction thereof, computed starting from the 1* year, for those
who have rendered thirty-one (31) years of service and above.

In addition, the affected personnel shall be entitled to the refund of Pag-IBIG
contributions, and the commutation of unused vacation and sick leave credits.

SEC. 18. Appropriation. - The amount necessary for the effective
implementation of the provisions of this Act shall be taken from funds available to the
agencies enumerated in Section 13 hereof and also from the Department of Labor
and Employment. Additional requirements shall be charged to the appropriations
under the current General Appropriations Act. Thereafter, such sum as may be
needed for the continued implementation of this Act shall be included in the annual
General Appropriations Act.


SEC. 19. Implementing Rules and Regulations. — An Interagency Body
composed of the Department of Labor and Employment, Department of Foreign
Affairs, Department of Budget and Management, Overseas Workers Welfare
Administration, Philippine Overseas Employment Administration and Commission on
Filipino Overseas shall formulate the implementing rules and regulations of this Act
within ninety (90) days after its approval. Such rules and regulations shall take effect
fifteen (15) days after its publication in a newspaper of general circulation in the
Philippines.

SEC. 20. Separability Clause. — If any part, section or provision of this Act is
declared invalid or unconstitutional, no other parts, sections or provisions hereof
shall be affected thereby.

SEC. 21. Repealing Clause. - All laws, decrees, ordinances, rules,
regulations, other issuances or parts thereof which are inconsistent with this Act are
hereby repealed or modified accordingly.

SEC. 22. Effectivity Clause. — This Act shall take effect fifteen (15) days after
its complete publication in at least two (2) newspapers of general circulation or the
Official Gazette.

Approved.