EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
S E N A T E  
S. No. 4 6 1
'19 
JUL 15 A10-.03
RlCLi ..iJ
Introduced by SENATOR RAMON BONG REVILLA, JR.
AN ACT
CREATING THE DEPARTMENT OF OVERSEAS FILIPINO WORKERS, DEFINING 
ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDS THEREFOR, AND 
FOR OTHER PURPOSES
EXPLANATORY NOTE
The country has millions of overseas Filipinos working in more than 100 countries 
around the world. Their remittances provide significant contribution to our local 
economy, comprising at about ten percent of the nation's Gross Domestic Product 
(GDP). This significant contribution makes the OFW sector a vital lifeline for the 
economy and the society.
Our OFWs continue to face a number of issues in regards employment and non­
payments. Add to these issues are some distressing factors they go through while they 
are away from home. Furthermore, a number of our OFWs also experience 
maltreatment, sexual abuse while under the care of foreign employers.
While there are programs which are already in place to cater to the needs of our 
overseas workers, there is an urgent need to streamline these programs and to 
establish a whole-of-government approach to provide immediate response to some 
distressing situations our OFWs undergo.


This bill seeks to create the Department of Overseas Filipino Workers which will 
primarily focus on the formulation and implementation of projects and programs for 
overseas Filipinos by managing the affairs, reconciling policies and ensuring the rights 
and welfare of all overseas Filipinos. This department will provide streamlined support 
to our overseas workers and will become the main regulating body for overseas 
recruitment, and assist in professionalizing government and private firms that will in 
turn, provide trainings that will hone the skills and increase the employability rate of 
potential OFW's.
In view of the foregoing, the passage of this measure is earnestly sought.
RAMON BONG REVILLA, 3R.


EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S E N A T E
461
S. No.
. » vlDiiitf Ot 'll.
'19 JUL 15 A10 -03
RECEi./ i>-
Introduced by SENATOR RAMON BONG RE VILLA, JR.
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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 o f Representatives o f the Philippines in 
Congress assembled:
Section 1. Short Title. —This Act shall be known as the "Department of 
Overseas Filipino Workers Act."
Sec. 2. Declaration o f Policy. - The following are hereby declared as State 
policies:
(a) The State shall, at all times, uphold the dignity of its Overseas Filipino 
Workers (OFWs);
(b) The State shall continuously monitor international conventions, adopt and 
ratify those that guarantee protection to our OFWs, and represent and negotiate for 
Philippine interest on matters pertaining to OFW affairs;
(c) The State shall provide adequate and timely social, economic, and legal 
services to OFWs;
(d) The State recognizes non-governmental organizations, trade unions, 
worker associations, stakeholders and similar legitimate entities as partners of the 
State in the protection of 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 form part of this partnership.
(e) 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


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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 
equitabie distribution of wealth and the benefits of development;
(f) 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 women OFWs, the State shali apply gender sensitive criteria in the 
formulation and implementation of policies and programs affecting OFWs;
(g) 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 
interest 
of 
distressed 
OFWs, 
whether 
regular/documented 
or 
irregular/undocumented, are adequately protected and safeguarded;
(h) The right of OFWs 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; and
(i) The State recognizes that the ultimate protection to all OFWs is the 
possession of marketable skills. Pursuant to this and as soon practicable, and taking 
into consideration the fundamental right to work, the government shall allow the 
deployment only of skilled Filipino workers.
Sec. 3. Creation and Mandates. - A Department of Overseas Filipino Workers, 
hereinafter referred to as the Department, is hereby created to serve as the primary 
agency under the Executive Branch tasked 
to 
formuiate, 
plan, 
coordinate, 
promote, administer and implement policies, including, but not limited to, the 
national development agenda for OFWs. It shall render an annual report of its 
activities and achievements to the President and to Congress.
Sec. 4. Powers and Functions. - To carry out its mandates the Department 
shall exercise the following powers and functions:
(a) Formulate, recommend, and implement national policies, plans, programs, 
and guidelines that wiil ensure the protection of OFWs and address the 
problems that they face abroad in consultation with all 
relevant 
stakeholders;
(b) Assess, review, harmonize, 
and 
coordinate 
applicable policies and 
procedures, as well as multilateral or bilateral treaties and agreements with 
OFW receiving countries and other migrant sending countries, 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);
(c) Improve cooperation and coordination with OFW host countries and 
monitor labor developments in these jurisdictions to ensure that the terms


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and conditions of work afforded to OFWs are in accordance with applicable 
and appropriate local, on-site, and international standards;
(d) Employ a proactive approach in providing assistance to OFWs in times of 
war, civil unrest, or other analogous circumstances, whether potential or 
actual;
(e) Encourage and enhance information and resource-sharing, develop an 
electronic database to improve services for OFWs and linkages among 
government 
agencies, 
consistent 
with 
national 
and 
OFW-focused 
objectives;
(f) Regulate the operation of private recruitment agencies and other relevant 
business entities involved in the deployment of OFWs taking into account 
the primacy of upholding the welfare and protection of OFWs, and with 
due consideration to relevant market conditions;
(g) 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;
(h) Assist and provide timely assistance to OFWs in distress and, for this 
purpose, tap the services of local and foreign-based personnel, lawyers, 
labor experts, security providers, and other professionals;
(i) Represent Philippine interests 
and 
negotiate on matters pertaining to 
migrant workers in 
international 
bodies, 
in coordination with the 
Department of Foreign Affairs (DFA) and the Department of Labor and 
Employment (DOLE);
(j) Conduct research and studies, and submit policy recommendations on 
migration and development to the President and to Congress;
(k) Promulgate rules and regulations for the implementation of pertinent laws 
and related policies;
(l) Administer, accept, hold, and utilize property, both personal and real, 
subject to limitations set by existing laws, in pursuit of the mandates of the 
Department stated herein;
(m) All other powers, functions, and responsibilities assigned to the DOLE 
relating to OFW provided for under Republic Act No. 8042, as amended, 
otherwise known as the Migrant Workers Act of 1995, R.A. No. 10801 
otherwise known as the Overseas Workers Welfare Administration 
Act, 
and other related laws are hereby transferred to the Department; and
(n) Perform such other functions as may be necessary to achieve the 
objectives provided for by this Act.
Sec. 5. Composition. - The Department shall be headed by a Secretary. The 
Department proper shall be composed of the Office of the Secretary and the Offices 
of the Undersecretaries and the Assistant Secretaries.
Sec. 6. Secretary o f the Department o f Overseas Fiiipino Workers. - The 
Secretary shall be appointed by the President, subject to confirmation by the 
Commission on Appointments. The Secretary shall have the following functions:


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(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;
(c) 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 and 
assistant regional directors, in accordance with the civil service laws and 
regulations;
(e) Exercise disciplinary powers over officers and employee 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 other agencies and public and private interest groups, 
including non-government organizations and people's organizations, 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 the Department;
(h) Advise 
the 
President 
on 
the 
promulgation 
of executive 
and 
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administrative orders and formulation of necessary regulatory and 11 
legislative proposals on matters pertaining to OFWs;
(i) Formulate such rules and regulations and exercise such Other powers as 
may be required to implement the objectives of this Act; and
(j) Perform such other tasks as may be provided by law or 16 assigned by the 
President.
Sec. 7. Undersecretaries. - The Secretary shall be assisted bv 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. 8. Assistant Secretaries. - The 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: Provided, further, that at least one (1) of the assistant 
secretaries shall be a lawyer.
Sec. 
9. 
Quaiifications. 
- 
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 at least six (6) years of competence and expertise in labor law or migrant 
workers affairs.
Sec. 10. Regional Offices. - The Department shall establish, operate, and 
maintain a regional office in all the administrative regions of the country, and such


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lower level offices as may be deemed necessary. 
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 jurisdictions, the following functions:
(a) Implement laws, policies, plans, programs, and projects, and enforce 
compliance with rules and regulations of the Department;
(b) Provide timely, affordable, efficient, and effective services to the people in 
line with Department policies and programs;
(c) Coordinate with 
regional 
offices 
of other 
departments, offices, and 
agencies;
(d) Coordinate with the local government units (LGUs); and
(e) Perform such other necessary functions as may be provided by law or 
assigned by the Secretary.
Sec. 11. Transfer o f Agencies and Personnel. - The following agencies and 
their functions are hereby specifically transferred to the Department:
(a) Office of the Legal Assistant for Migrant Workers Affairs of the DFA as 
provided for under Section 24 of R.A. No. 8042, as amended;
(b ) AII Philippine Overseas Labor Offices under DOLE;
(c) The National Reintegration Center for OFWS under DOLE;
(d ) The International Labor Affairs Bureau under DOLE;
(e) The Philippine Overseas Employment Administration (POEA); and
(0  Overseas Workers Welfare Administration (OWWA).
SEC. 12. Special Assistance to Nationals Fund. - The Legal Assistance Funds 
provided for under Section 25 of RA. No. 8042, as amended, is abolished. In its 
stead, a Special Assistance to Nationals Fund (SATNAF) for OFWs in distress, in the 
amount of Five Billion Pesos (P5,000,000,000.00), is hereby created, to be 
administered and maintained by the Department. In addition to those provided for 
under Section 26 of R.A. No. 8042, as amended, and in accordance with guidelines 
to be formulated by the Department, the SATNAF shall be used for repatriation, 
medical and hospitalization expenses, legal retainers and lawyers fees, other legal 
fees and costs, payment of blood money, and other needs of OFWs facing legal 
cases and/or detention and other forms of emergencies where such cost and fees 
are currently not covered by OWWA and other existing funds and sources.
Sec. 13. Institute for Advanced and Strategic Studies on Migration and 
Development. - There is hereby established an Institute for Advanced and Strategic 
Studies on Migration and Development (lASSMD) headed by an Executive Director 
with the rank of Assistant Secretary. It shall carry out the following functions:
(a) Conduct advanced, strategic, and up-to-date studies and research on global 
migration and development trends, and publish papers based on the highest 
standards of international scholarly work;


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(b) Edit and publish a Journal of Advance and Strategic Studies on 
Migration 
and Development of the highest standards of scholarship and reputation;
(c) Prepare and submit annual strategic estimates and recommendations to the 
Secretary of the Department, Congress, and the President to advance national 
development goals;
(d) Conduct regular lectures, seminars, trainings, workshops, and public 
briefings both local and international;
(e) Enter into collaborative partnerships and consortiums with academic and 
research institutions, both local and internationally;
(f) Receive grants and endowments; and
(g) Host visiting scholars, fund relevant research, provide scholarships, locally 
and abroad, based on open and competitive selection criteria. For this 
purpose, 
an 
initial 
fund 
in 
the 
amount 
of 
Fifty 
Million 
Pesos 
(P50,000,000.00) shall be included in the annual budget of the Department 
to be enacted as part of the annual General Appropriations Act.
Sec. 14. Separation and Retirement from Service. - Employees who are 
separated from service within six (6) months from the effectivity of this Act as a 
result of the organization and rationalization processes as provided for by this Act 
shall receive separation benefits to which they may be entitled under Executive 12 
Order No. 366, s. 2004: Provided, That those who are qualified to retire under 
existing retirement laws shall be allowed to retire and receive retirement benefits 
to which they may be entitled under 15 applicable laws and issuances.
Sec. 15. 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 civil service laws, rules and 
regulations rules. The laws and rules on government reorganization as provided 
for by R.A. No. 6656, otherwise known as the Reorganization Law, shall govern 
the organization and rationalization processes of the Department.
Sec. 16. Transition Period. - The transfer of functions, assets, funds, 
equipment, properties, transactions, and personnel of the affected agencies, 
and 
the 
formulation 
of 
the 
internal 
organic structure, staffing pattern, 
operating system, and revised budget of the Department, shall be completed 
within six (6) months from the effectivity of this Act: Provided, That within this 
period, the existing personnel shall continue to assume their posts in holdover 
capacities until new appointments shall have been issued: Provided further. That 
after the organization and rationalization process, the Department, in coordination 
with the 
DBM, 
shall determine and create new positions, the funding 
requirements of which shall not exceed the equivalent cost of positions abolished.
Sec. 17. Appropriation. - The amount needed for the operation and 
maintenance of the Department shall be included in the General Appropriations 
Act.


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Sec. 18. Implementing Rules and Regulations. —The DFA, DOLE, DBM, 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. 19. Separability Clause. - 
Should any provision of this Act or part 
hereof be declared unconstitutional, the other provisions or parts not affected 
thereby shall remain valid and effective.
Sec. 20. Repealing Clause. - All other laws, decrees, orders, rules and 
regulations or parts thereof inconsistent with this Act are hereby repealed or 
modified accordingly.
Sec. 21. Effectivity Clause. - This Act shall take effect fifteen (15) days after 
its complete publication in at least two (2) newspapers of general circulation.
Approved,