SEVENTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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First Regular Session 
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SENATE
S. No. 1421
Introduced by Senator Ralph G. Recto
§>cimrE
• 4 ^ ^ ' lOrfitP f)( IliP fe r u f t- u p
•17 
MAY-2 PI :38
R E C tIV tD LV ;
/■
AN ACT
CREATING THE DEPARTMENT OF OVERSEAS FILIPINO WORKERS, DEFINING 
ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDS THEREFOR, AND FOR 
OTHER PURPOSES
Our Overseas Filipino Workers (OFWs) have always been hailed as ‘Bagong Bayani’ by 
the past and present administrations. Their important contribution to our nation is undeniable, 
from their remittances that account for a significant portion of our gross domestic product to the 
development, recognition and promotion of Filipino talents worldwide.
It has been said that Filipino hospitality is unparalleled and our countrymen are especially 
sought after. We find our kahabayans in the world’s most luxurious cruise ships, the most 
advanced hospitals, the hotels in the biggest cities to the more exotic and remote locales. Yet our 
government is found lacking in terms of hospitality to our OFWs. There have been an alarming 
number of incidents reported in the media about the inadequacies of our government in terms of 
responding to the needs of our OFWs. We have heard of reports of abuse of our countrymen 
abroad by employers who refuse paying salaries, to our agencies taking an unreasonably long 
time in processing their repatriation. We have also heard of stories about returning OFWs who 
struggle to integrate themselves and thrive here from returning abroad after working there for 
many years.
There are several agencies created and tasked by our government to handle these 
concerns. Our government has tasked these agencies to answer for the needs of potential OFWs 
thinking of leaving the country to those who are returning after many years spent working 
abroad. Yet the government’s efforts are still found wanting. 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.
In a survey conducted by the Commission on Filipinos Overseas in 2013, the number of 
Filipinos living abroad is pegged at 10 million. The number of overseas Filipino workers is 
pegged at 2.4 million individuals as of 2016.1 These numbers arc expected to rise in the years to 
come as the demand for Filipino talents abroad continues to rise. The sheer number of our OFWs 
alone would justify the creation of a separate department to cater to their needs.
The needs and concerns of our OFWs are higlily specialized due to the circumstances and 
nature of their work. Although we have the appropriate agencies for these concerns, they are still 
not adequate 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 concerns being potentially 
overlooked especially among multiple agencies having the same jurisdiction.
Tliis bill proposes the creation of the Department of Overseas Filipino Workers to 
hannonize 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 redundancies will be reduced thereby promoting efficient and effective service 
that will adequately serve the needs of our OFWs.
No less than President Rodrigo Duterte himself, speaking to our OFWs in Doha last April 
15, 2017, recognized the need for a separate department that would focus on the concerns of our 
overseas Filipino workers.
It is high time that our ‘Bagong Bayanis’ be afforded the hero treatment tliey so rightly 
deserve after the many sacrifices they have made for our country.
In view of the foregoing, the approval of this bill is earnestly sought.
/mabm
/mffo
rt)
Statistical Tables on Overseas Contract Workers (OCW): 2015, Philippine Statistics Authority


SEVENTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S. No.
1421
^ c n n tf
o l the fc’< fi 't . ir j'
R EC EIVtD  BY:
Introduced by Senator Ralph G. Recto
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 (he Philippines in Congress 
assembled:
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SECTION I. Short Title. -  This Act shall be known as the “Department of Overseas 
Filipino Workers (OFW) Act of 2017”.
SEC. 2. 
Declaration of Policy. -  It shall be the policy of the State to enhance its 
institutional capacity to deliver public goods and services in a more efficient, effective and 
accountable manner. 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. In view of this, State 
shall effect the necessary and proper changes in the agencies and instrumentalities promoting, 
managing, and protecting the Filipino international migrant workers in order to rationalize and 
promote effieieney and effectiveness in the delivery of services to our OFWs.
SEC. 3. 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 organized structurally and functionally, in accordance with the provisions of this 
Act.
SEC. 4. Mandate. -  The Department shall be the primary policymaking, planning, 
coordinating, implementing, and administrative entity of the Executive Branch of the 
government in the field of overseas labor and employment. It shall fonnulate and undertake a 
systematic program for promoting the welfare of OFWs and monitoring their overseas 
employment, taking into consideration domestic manpower requirements and the need to protect 
their rights to fair and equitable employment practices.
SEC. 5. Powers and Functions of the Department. — The Department shall have the 
following powers and functions:
(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 in consultation with relevant 
stakeholders;


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(b) Assess, review, harmonize and coordinate all OFW-related local policies and procedures and 
international agreements to ensure overall consistency and implementation of national 
policies;
(c) 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 sectors to 
formulate strategics and implement the same;
(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 times of 
war and civil unrest, whether potential or apparent;
(g) Promote knowledge, infomiation 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, witli 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;
O') 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;
(l) Promulgate rules and regulations for the implementation of its guidelines, policies Ad 
related laws;
(m) Administcr, 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.
SEC. 6, Composition. -  The Department shall be headed by a Secretary. Tlie Department
proper shall be composed of the Office of the Secretary, the Offices of the Undersecretaries and
the Assistant Secretaries.


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SEC. 7. The Secretary. -  The Secretary shall be appointed by the President, subject to
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confirmation by the Commission on Appointments. The Secretary shall have the following
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functions:
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(a) Provide executive direction and supervision over the entire operations of the Department and
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its attached agencies.
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(b) Establish policies and standards for the effective, efficient and economical operation of the
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Department, in accordance with the programs of government;
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(c) Review and approve requests for financial and manpower resources of all operating
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offices of the Department:
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(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 aecordance 
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 nongovermnent 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) Fonnulate such rules and regulations and exercise such other powers as may be required to 
implement the objectives of this Act: and
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(k) Perform such other tasks as may be provided by law or assigned by the President.
SEC. 8. The Undersecretaries. -  The Secretary shall be assisted by three (3) 
undersecretaries, who shall be appointed by the President upon the recommendation of the 
Secretary: Provided, That two (2) of the undersecretaries shall be career officers.
SEC. 9. Assistant Secretaries. -  Tlie Secretary shall be assisted by four (4) assistant 
secretaries who shall be appointed by the President upon the recommendation of the 
Secretary: Provided, That two (2) of the assistant secretaries shall be career officers.
SEC. 10. 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.


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SEC. 11. 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. Tlic Regional Director and Assistant Regional Director shall be appointed by 
the President. Tlic regional offices shall have, within their respective administrative regions, the 
following functions:
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(a) Implement laws, policies, plans, programs, projects, rules and regulations of the
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Department:
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(b) Provide efficient and effective service to the people;
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(c) Coordinate with regional offices of other departments, offices, and agencies;
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(d) Coordinate with the LGUs; and
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(e) Perform such other functions as may be provided by law or assigned by the Secretary.
SEC. 12. 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. 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. 13. Transfer of Agencies and Personnel. —
(a) The following agencies are hereby abolished, and their powers and functions, 
applicable funds and appropriations, records, equipment, property, and personnel transferred to 
the Department:
(1) Overseas Workers Welfare Administration;
(2) Philippine Overseas Employment Administration; and
(3) Commission on Filipino Overseas.
(b) Tlie 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.
SEC. 14. 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. 15. Structure and Staffing Pattern. -  Subject to the approval of the DBM, the 
Department shall detennine 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.


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SEC. 16. Early Retirement, Separation Pay and Other Benefits. -  Personnel of the 
merged ageneies 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 Eiglity-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 Govemment 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 
Tlie Coverage And Benefits Of The Govemment Service Insurance System, Instituting Reforms 
Therein And For Other Purposes) if qualified, plus the following applicable incentives:
(b.l.) 1/2 month of the present basic salary for every year of govemment service 
and a fraction tlicreof, for those who have rendered twenty (20) years of service and 
below;
(b.2.) 3/4 month of the present basic salary for every year of govemment service 
and a fraction thereof, computed starting from the 1st 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 govemment service 
and a fraction thereof, computed starting from the Is* 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. 17. 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 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. 18. Implementing Rules and Regulations. -  Tlie 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


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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.
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SEC. 19. 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.
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SEC. 20. Repealing Clause. -  All laws, decrees, ordinances, rules, regulations, other
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issuances or parts thereof which are inconsistent with this Act are hereby repealed or modified
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accordingly.
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SEC. 21. Effectivity Clause. -  This Act shall take effect fifteen (15) days after its
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complete publication in at least two (2) newspapers of general circulation or the Official Gazette.
Approved,