EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
■ *ni'p
SENATE
S. B. No. 
202
'19 
JUL-2 P3 22
INTRODUCED BY SENATOR CHRISTOPHER LAWRENCE "BONG" T. GO
AN ACT
CREATING THE DEPARTMENT OF OVERSEAS FILIPINO S, DEFINING ITS 
POWERS AND FUNCTIONS, APPROPRIATING FUNDS THEREFOR, 
RATIONALIZING THE ORGANIZATION AND FUNCTIONS OF GOVERNMENT 
AGENCIES RELATED TO MIGRATION, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
We hail our Overseas Filipino Workers (OFWs) as "modern-day heroes" not only 
for their remittances that contributes to the country's Gross Domestic Product, but 
also for their sacrifice of having to leave their families behind just to uplift the quality 
of lives of their loved ones. Some find their fortune abroad, while some experiences 
are harsher than others.
As of 2018, there are around 10.08-million Overseas Filipinos around the globe. 
Together, they drive of domestic consumption and account for 9.7 percent of the 
Gross Domestic Product in 20181. Particularly, the Bangko Sentral ng Pilipinas reports 
that, in 2018, cash remittances from overseas Filipinos have amounted to USD 28.943 
Billion2. This is in addition to remittances in kind or in the form of investments that 
migrant Filipino workers send here in the country.
1 https://www.manilatimes.net/ofw-remittances-hit-all-time-high-in-2018/512476/
2 http://www.bsp.gov.ph/statistics/keystat/ofw.htm


Currently, there are different agencies that have mandates relative to overseas 
employment, i.e., the Department of Labor and Employment (DOLE), the Philippine 
Overseas Employment Agency (POEA), the Overseas Workers Welfare Administration 
(OWWA), and the Department of Foreign Affairs - Office of the Undersecretary for 
Migrant Workers Affairs (DFA-OUMWA). There are also other agencies that have 
programs and projects for OFWs such as Technical Education and Skills Development 
Authority (TESDA), Department of Social Welfare and Development (DSWD), Social 
Security System, among others. The absence of a single agency to address foreign 
employment concerns has made it difficult for the government to focus on the needs 
and demands of foreign Filipino employment, in general, and of OFWs, in particular.
Furthermore, the lack of coordination among these agencies and redundancy 
of work lead to confusion among our OFWs and compromises the services to be 
rendered to our modern-day heroes. 
Despite the existence of agencies to protect 
Filipinos abroad, numerous problems and challenges confront OFWs and their families: 
illegal recruitment, employer abuse, sexual abuse, inadequate benefits, inefficient and 
ineffective delivery of services to OFWs, lack of representation of the OFW interests 
in the agencies that are supposed to protect and promote their rights, among others.
Hence, there is a pressing need to establish an agency that would manage, 
harmonize, and strengthen existing policies and programs to address the needs of 
foreign Filipino employment.
This legislative measure proposes the establishment of a Department of 
Overseas Filipinos to serve as the umbrella agency to specifically address all the issues 
and concerns of Filipinos in abroad and their families, to afford them full protection, 
promote their full and just employment, mitigate the social costs back home, and 
serve as a channel to address OFW issues and grievances. The measure further 
creates a Overseas Filipinos Assistance Fund to provide financial support for Filipino 
migrants in distress, inclusive of repatriation and provisions for life-saving funds in 
times of great emergency or distress; and provides training and livelihood loans for 
OFWs returning to the Philippines for good.


While we recognize that the government has to prioritize to continuously 
create local employment opportunities and develop local industries, we shall not 
overlook the need to serve millions of our overseas Filipinos and ensure the just 
employment of our migrant workers.
In view of the foregoing, approval of this bill is earnestly sought.
SENATOR CHRISTOPHER LAWRENCE "BONG" T. GO


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE
S. B. No. 
202
DATE:!
,(/) 
TIME:
BILLS a INDEX
INTRODUCED BY CHRISTOPHER "BONG" T. GO
AN ACT
CREATING THE DEPARTMENT OF OVERSEAS FILIPIN O S, DEFINING ITS 
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 o f Representatives o f the Philippines in 
Congress assembled:
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CHAPTER I
GENERAL PROVISIONS
SECTION 1. S hort Title. - This Act shall be known as the "Department of 
OFW Act of 2019."
SEC. 2. Declaration o f Policies. -
(a) 
In the pursuit of an independent foreign policy and while considering 
nationai 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;


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(b) The State shall afford full protection to OFWs, promote full employment, 
ensure equal work opportunities regardless of sex, gender, race, creed or religion, 
regulate the relations 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 OFWs;
(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 of 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;
(e) 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 or irregular/undocumented, are adequately 
protected and safeguarded;


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(f) 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 a 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 shall 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 o f 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 recruitment/manning agency 
to conduct recruitment and placement activities as a private recruitment entity;


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c) Irregular/Undocumented Filipino Migrant Workers refers to the following:
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(13 Those who acquired their passports through fraud or misrepresentation;
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(2) Those who possess expired visas or permits to stay;
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(3) Those who have no travel documents whatsoever;
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(4) Those who have valid but inappropriate visas; or
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(5) Those whose employment contracts were not approved by the Department.
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d) License refers to the document issued by the Secretary authorizing a person,
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partnership or corporation to operate a private recruitment/manning agency;
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e) Manning Agency refers to any person, partnership or corporation duly licensed
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by the Secretary to engage in the recruitment and placement of seafarers for
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ships plying international waters and for related maritime activities;
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f) Overseas employment refers to employment of a worker outside the
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Philippines;
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g) Overseas Filipinos refers to migrant workers, other Filipino nationals, and their
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dependents abroad, including Filipinos who are permanent residents abroad;
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h) Overseas Filipino Worker or Migrant Worker refers to a Filipino who is to be
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engaged, is engaged, or has been engaged in remunerated activity in a state
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of which he or she is not a citizen, or on board a vessel navigating the foreign
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seas other than a government ship used for military or non-commercial
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purposes, or on an installation located offshore or on the high seas. A "person
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to be engaged in a remunerated activity" refers to an applicant worker who has
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been promised or assured employment overseas;
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Overseas Filipino Worker in Distress refers to an Overseas Filipino Worker who
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has a medical, psycho-social or legal assistance problem requiring treatment,
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hospitalization, counselling, legal representation, or any kind of intervention
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with the authorities in the country where he or she is found;
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j) Private Recruitment/Empioyment Agency refers to any person, partnership or
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corporation duly licensed by the Secretary to engage in the recruitment and
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placement of workers for overseas employment for a fee which is charged,
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directly or indirectly, from the workers who renewed their employment
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contracts with the same principal;
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k) Reguiar/Documented Overseas Filipino Workers refers to the following:


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(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.
l) 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;
m) Secretary refers to the Secretary of the Department of Overseas Filipinos and 
Migrant Workers;
CHAPTER I 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 is 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 employer-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.


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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 OFW-related local policies and 
procedures and international agreements to ensure overall consistency and 
implementation of the national policies;
(d) 
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;
(e) 
Protect and promote the welfare, well-being, and interests of the families of 
OFWs;
(f) 
Formulate general guidelines concerning wage and income policy subject to the 
limitations imposed by the laws of the foreign countries;
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(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


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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 interests 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 Filipinos 
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;
( l) 
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 OFWs, 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;
(o) 
Promote knowledge, information and resource sharing, and develop a database 
system complete with information on the status and location of Overseas 
Filipinos and Migrant Workers anywhere in the world;


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(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 OFWs taking into account the 
primacy of upholding the welfare and protection of OFWs, 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;
(u) 
Assume all other powers, functions, and responsibilities assigned to the DOLE 
relating to OFWs 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; and
(v) 
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 of the Office of the Secretary, the Office of the Undersecretaries
and Assistant Secretaries, the Service Units and the Staff Bureaus, and its Regional


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Offices.
The Secretary shall be appointed by the President and confirmed by the 
Commission of Appointments. The Undersecretaries and Assistant Secretaries shall be 
likewise be appointed by the President upon the recommendation of the Secretary.
SEC.7. Secretary o f the D epartm ent o f 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) 
Establish the policies and standards for the operation of the Department 
pursuant to the approved programs of government;
(b) 
Exercise jurisdiction over al 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 other 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


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(i)
0)
(k)
(l)
each
a.
Foreign Affairs treaties, agreements, compacts, and other instruments that are 
related to labor migration;
Evaluate the policy, plans, programs and project accomplishments of the 
Department;
Prepare reports for the President and for the public;
Administer and manage the Overseas Filipinos Assistance Fund, and issue 
guidelines for the proper utilization of the Fund; and
Exercise such other powers and functions as may be provided by law or assigned 
by the President.
SEC. 8. D epartm ent Units. -  The following units are hereby created to be 
headed by an Assistant Secretary and assisted by other officers and staff:
The Policy Planning, Research, and Legal Affairs Unit which shall:
1. 
Undertake research necessary in preparation and evaluation of policy 
reports, treaties, and multilateral and bilateral agreements;
2. 
Assist 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.
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b. 
Administrative Unit which shall provide the Department with efficient, effective
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and, economical semces relating to records, management, supplies, equipment,
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collections, disbursements, building administration and maintenance, security,
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and custodial work;
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c. 
Human Resource Development Unit which shall provide the Department with a
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program and corresponding projects that shall make available training,
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education, and development opportunities needed to upgrade the levels of
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competence and productivity of Department managers and personnel. It shall
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absorb the powers and functions of the Administrative Service in relation to the
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development and administration of personnel programs including selection and
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placement, development, performance evaluation, employee relations, and
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welfare;
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d. 
Financial Management Unit which shall be responsible for providing the
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Department with efficient, effective, and economical services relating to
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budgetary, financial, management improvement, and internal control matters;
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e. 
Information and Publication Unit which shall be responsible for promoting
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rapport and understanding between the Department and the public through the
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development of public relations programs and the dissemination of accurate and
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updated information on foreign labor and employment, by means of publication,
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radio, television, and social media coverage of special events and related matters
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on the Department's policies, plans, programs, and projects. The Service shall
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likewise be responsible for providing answers to queries from the public
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regarding the Department's policies, rules, regulations, programs, activities, and
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services; and
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f. 
The Overseas Filipinos Assistance Fund Unit which shall be responsible for
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assisting the Secretary in the management and use of the Overseas Filipinos
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Assistance Fund.
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SEC. 9. Undersecretaries. - The Secretary shall be assisted by not more than
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six (6) Undersecretaries who shall be appointed by the President upon the
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recommendation of the Secretary. The following offices are hereby created to be each
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headed by an Undersecretary and assisted by other officers and staff:
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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 
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:
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, 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.
c. 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
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international organizations;
2. 
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 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;
9. 
Administer the OWWA Fund;
10. Administer the Migrant Workers Loan Guarantee Fund; and
11. Undertake other programs and activities as may be determined by the 
Department.
d. 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;
2. Coordinate and monitor the implementation of such an integrated
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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 interests and activities in the Philippines;
4. Serve as a forum for preserving and enhancing the social, economic and 
cultural ties of Filipinos overseas 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.
e. Office of the Undersecretary for Assistance 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 Rlipinos 
Assistance Fund;
3. Undertake all repatriation activities, in coordination with the Office of the 
Undersecretary for Foreign Employment, Office of the Undersecretary 
for Reintegration and Social Services, and other government agencies, 
in cases of war, epidemic, disasters or calamities, natural or man-made, 
and other similar events without prejudice to reimbursement by the 
responsible principal or agency;
4. Draft the guidelines, procedures and criteria for the provisions of 
Overseas Filipinos Assistance Fund to Overseas Filipino and Migrant 
Workers;
5. 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;
6. Coordinate with the Office of the 
Undersecretary for Foreign 
Employment, Office of the Undersecretary for Reintegration and Social
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Services, and other government agencies concerned, as well as with
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non-governmental organizations assisting migrant workers, to ensure
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effective coordination in providing legal assistance to migrant workers;
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7. Tap the assistance of the Integrated Bar of the Philippines (IBP), other
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bar associations, legal experts on labor, migration and human rights
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laws, reputable law firms, and other civil society organizations, to
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complement government services and resources to provide legal
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assistance to migrant workers; and
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8. Supervise the operational activities of the Overseas Filipinos Assistance
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Fund Unit.
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f. Office of the Undersecretary for International Labor Affairs which shall have
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the following functions:
13 
1. Monitor the 
observance and implementation of the Philippines'
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obligations and commitments to international organizations and treaties;
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2. Supervise and monitor the activities of the Philippine Overseas Labor
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Offices;
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3. Coordinate with the Department of Foreign Affairs regarding treaties,
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agreements, compacts, and other instruments that are related to labor
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migration; and
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4. Perform such other functions as may be provided by law or assigned by
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the Secretary.
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SEC. 10. Regional Offices. - The Department is hereby authorized to
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establish, operate, and maintain such Department-wide Regional Offices in each of
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the administrative regions of the country, insofar as necessary, which shall be headed
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by a Regional Director who shall have supervision and control thereof. The Regional
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Director, whenever necessary, shall be assisted by an Assistant Regional Director. A
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Regional Office shall have, within its regional area, 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 economical, efficient and effective service to the people;
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(c) Coordinate with regional offices of other departments and agencies;
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(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 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 OFWs, academe and private industries directly 
involved in deployment of OFWs, as well as other national government agencies, local 
government units, and government-owned and controlled corporations, may be 
appointed to these working groups.
CHAPTER I I I  
OFWCENTERS
SEC 13. Establishment o f OFW Centers. - The Migrant Workers and other 
Overseas Filipinos Resource Center shall be transformed into the OFW Center 
established initially in countries where there are large concentration of OFWs, as 
determined by the Secretary. The OFW Center shall act as a one-stop shop for 
Overseas Filipinos in the countries of destination. It shall be established within the 
premises of the Philippine Embassy or the Consulate and be under the administrative 
jurisdiction of the Philippine Embassy. Within five (5) years from the effectivity of this 
Act, OFW Centers shall be established in all 
Philippine Embassies or Consulates 
abroad.
When the OFW Center is established outside the premises o f the Embassy or
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Consulate, the Department of Foreign Affairs shall exert its best effort to secure
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appropriate recognition from the receiving government in accordance with applicable
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laws and practices.
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SEC 14. Functions.- The OFW Center shall provide the following services:
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a. Counseling and legal services;
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b. Welfare assistance including the procurement of medical and hospitalization
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services;
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c. Information, advisory programs to promote social integration such as post-
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arrival orientation, settlement and community networking services and
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activities for social interaction;
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d. Registration of irregular/undocumented workers to bring them within the
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purview of Republic Act 8042, as amended;
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e. Implementation of Department Programs;
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f. Gender-sensitive programs and activities to assist particular needs of migrant
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workers;
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g. Orientation program for returning workers and other migrants;
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h. Monitoring of the daily situation, circumstances and activities affecting migrant
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workers and other overseas Filipinos;
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i. 
Ensuring that labor and social welfare laws in the receiving country are fairly
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applied to migrant workers and other overseas Filipinos; and
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j. 
Conciliation of disputes arising from employer-employee relationship, in
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accordance with this Rule.
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SEC 15. Personnel. - Each OFW Center shall be staffed by the following:
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(a) Foreign Service personnel;
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(b) A Labor Attache who shall undertake its current functions under Republic Act
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8042, as amended and shall be the representative of the Department on-site;
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(c) A Police Attache who shall establish and maintain liaison with principal law
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enforcement and security services in destination countries, and shall be
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appointed by the Chief of the Philippine National Police;
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(d) A Justice Attache who shall render assistance to address legal needs of
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Overseas Filipinos and assist the Labor Attache in matters relating to Overseas 
Filipinos in distress, and shall be appointed by the Secretary of the Department 
of Justice; and
(e) Other service attaches or officers who represent Philippine government 
agencies abroad.
The following personnel shall assist the attaches and be assigned to the Center:
a. 
Psychologists, Social Workers, and a Shari'a or Human Rights Lawyers;
b. 
Individual volunteers and representatives from bona fide non-government 
organizations from the receiving countries, if available and necessary as 
determined by the Labor Attache in consultation with the Chief of Mission;
c. 
Public Relations Officer or Case Officer conversant, orally and in writing, with 
the local language, laws, customs and practices; and
d. 
Legal Officers and such other professionals deemed necessary by the 
Secretary.
SEC. 16. A dm inistration o f the Center. The Philippine Overseas Labor Office 
through the Labor Attache shall supervise and coordinate the operations of the OFW 
Center and shall keep the Chief of Mission informed and updated on all matters 
affecting it at least quarterly through a written report addressed to the Chief of 
Mission.
SEC 17. Round-the Clock Operations. The OFW Center shall operate on a 24- 
hour basis including Saturdays, Sundays and holidays. A counterpart 24-hour 
Information and Assistance Center to ensure a continuous network and coordinative 
mechanism shall be established at the Department.
SEC. 18. Budget. - The establishment, yearly maintenance and operating costs 
of the OFW Centers, including the costs of services and programs not specially funded 
under the Act, shall be sourced from the General Appropriations Act (GAA) and shall 
be included in the annual budget of the Department.
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The salaries and allowances of overseas personnel shall be sourced from the 
respective agencies' budgets.
SEC. 19. O FW M alasakit 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 IV
TRANSFER OF AGENCIES
SEC. 20. Transfer o f Bureaus, Offices, Agencies, - (a) The following 
agencies are hereby abolished, and their powers and functions under Republic Act 
8042, as amended by Republic Act 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 (DOLE) and
(5) National Reintegration Center for OFWs (NRCO)
The powers and functions of the Office of the Undersecretary for Migrant 
Workers Affairs under the Department of Foreign Affairs and all Philippine Overseas 
Labor Offices and their officials under the DOLE are hereby transferred to this 
Department.
In the case of OWWA, all its membership records, funds appropriated under 
the GAA, and all its trust funds are transferred to this Department. The Department
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shall issue guidelines on the transfer of records and funds: Provided, That existing 
members shall not be required to re-apply for a new membership: Provided, further. 
That in no case shall individual membership contributions be increased: Provided, 
finally. That benefits and services to OFW members shall not be diminished.
The laws 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 V
TRANSITORY PROVISIONS
SEC. 21. New Structure and Pattern. - Upon the approval of this Act, the 
relevant officers and employees of the transferred entities under Section 20 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 effectivity 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 sen/ice law, rules, and regulations.
SEC. 22. Absorption o r Separation from  Service o f Empioyees o f the 
Consolidated Agencies. - The existing employees of the agencies transferred under 
the Department shall enjoy 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 21 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 sen/ice as a consequence of the
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consolidation and reconstitution under the provisions of this Act shall within one (1)
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month from their separation or phase out from the service, receive separation benefits
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in accordance with existing laws. In addition, those who are qualified to retire shall be
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allowed to retire and be entitled to all benefits provided, under any of the existing
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retirement laws.
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SEC. 23. Rationalization and Other Transitory Provisions. - In the
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transfer of entity functions as prescribed in the Act, the following rules shall be
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provided:
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(a) 
Any transfer of entities shall include the functions, appropriations, funds,
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records, equipment, facilities, other properties, assets, and liabilities of the transferred
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entity as well as the personnel thereof as may be necessary, who shall, in a hold over
13 
capacity, continue to perform their respective duties and responsibilities and receive
14 
the corresponding salaries and benefits, unless in the meantime they are separated
15 
from government service pursuant to existing laws. Those personnel from the
16 
transferred entity whose positions are not included in the new position structure and
17 
staffing pattern approved by the Secretary or who are not reappointed shall be entitled
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to the benefits provided in the second paragraph of Section 22 hereof;
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(b) Any transfer of functions which results in the abolition of the entity that
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has exercised such transferred functions shall include, as may be necessary to the
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proper discharge of the transferred functions, the appropriations, funds, records,
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equipment, facilities, other assets, and personnel of the entity from which such
24 
functions have been transferred. The remaining appropriations and funds shall revert
25 
to the General Fund and the remaining records, equipment, facilities, and other assets
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shall be allocated to such appropriate units as the Secretary shall determine or
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otherwise shall be disposed of, in accordance with the pertinent laws, rules and
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regulations. The liabilities, if any, of the abolished entity shall be treated likewise in
29 
accordance with pertinent laws, rules and regulations. Incumbents of the abolished
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entity shall, in a hold over capacity, continue to perform their respective duties and
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responsibilities and receive the corresponding salaries and benefits unless in the
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meantime they are separated from government service pursuant existing laws. Any
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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 22 hereof; and
(c) 
Any transfer of functions which does not result in the abolition of the entity 
that has exercised 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 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 government service pursuant to 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.
CHAPTER V I
THE OVERSEAS FILIP IN O  WORKERS DISTRESS 
AND ASSISTANCE FUND
SEC. 24. 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 Fund 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 (P5,000,000,000) 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,
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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
(e) Livelihood training and loans for OFWs who have decided to return to the 
Philippines for good.
The Emergency Repatriation Fund created in Republic Act No. 8042, as 
amended, shall form part of the Overseas Filipinos Assistance Fund. The Secretary 
shall issue guidelines, rules and regulations on the 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 V II 
APPROPRIATIONS
SEC. 
25. 
Appropriations. 
- 
The 
amount 
of 
One 
Billion 
Pesos 
(P1,000,000,000.00) 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 V III 
MISCELLANEOUS
SEC 26. Im piem enting Ruies and Reguiations. — 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. 27. Im piem enting A uthority o f the Secretary. - The Secretary shall
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issue such rules, regulations, and other issuances as may be necessary to ensure the 
effective implementation of the provisions of this Act.
SEC. 28. S eparability Clause. - Any portion or provision of this Act that is 
declared unconstitutional shall not have the effect of nullifying other portions or 
provisions hereof as long as such remaining portions can still subsist and be given 
effect in their entirety.
SEC. 29. 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.
SEC. 30. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in a newspaper of general circulation.
Approved,
24