Hest O& REPRESENTATIVES:

RECEIVED
26 JUL 2016

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DaTE:

Vine:
BY:

Republic of the Philippines
HOUSE OF REPRESENTATIVES
ISTRATION UNIT:

Quezon City, Metro Manila -
SEVENTEENTH ConGress |_SHLS AND INDEX SERVICE

First Regular Session

5
HOUSE BILL NO. 1906

Introduced by Honorable MARK A. VILLAR

AN ACT ESTABLISHING THE DEPARTMENT FOR OVERSEAS FILIPINO
WORKERS (DOFW), DEFINING ITS POWERS AND FUNCTIONS,
APRROPRIATING FUNDS THEREFORE AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Under the 1987 Constitution, it states that “The State affirms labor as a
primary social economic force. It shalll protect the rights of workers and promote their
welfare.” (Section 18, Article I!)

Pursuant to this constitutional mandate, we have been advocating measures
in Congress to protect the welfare of our workers, most especially our beloved
overseas Filipino workers.

And following President Duterte’s pronouncement of giving priority for the
protection of our OFWs, this representation is re-filing this bill creating the
Department of Overseas Filipino Workers, as it is unfortunate that this bill was not
given priority in the last Congresses, considering that our Overseas Filipino Workers
(OFWs) have been consistent dollar eamer for the country.

In 2015 alone they have brought in at least $25.76 Billion in the local economy
as reported by POEA-OES. This is equivalent to some 9.8% of the country’s gross
domestic product. The remittances made by the Overseas Filipino Workers have
helped in stabilizing the economic situation of the country despite global recessions
and economic downturn. Data from the POEA showed that the number of deployed
overseas Filipino workers in 2015 reached 1.8 million


The rise of global employment and the acceptance of large-scale manpower
among the various industries worldwide have opened an opportunity to our
competitive skilled and non-skilled workers to reach their dream of having successful
career by seeking greener pastures abroad. The continuous increase of overseas
workers have triggered the enactment of Executive Order 797, creating the
Philippine Overseas Employment Administration, to develop employment
opportunities, ensure the protection of workers, and the promotion of industrial
peace. In order to ensure the welfare of our Kababayans abroad, RA 8042,
otherwise known as the Migrant Workers and Overseas Filipino Act of 1995, has.
been enacted to be able to uphold the dignity of our citizens and to protect their
rights even outside the country. However, these laws are not sufficient to protect our
workers, government's support to them is still wanting,

Hence, this Bill is being introduced to unify the diversified agencies in order
for them to serve the greater good for the Filipinos Overseas. This is consistent with
the fundamental precept found under Section 3, Article XIII of the 1987 Constitution
“to afford full protection to labor, local and overseas, organized and unorganized,
and promote full employment and equality of employment opportunities for all.”
These two agencies, POEA and OWWA, together with other allied Bureaus and
Offices could become more effective channels of public service if they work under a
single umbrella organization ensuring that there are no overlapping measures,
functions and services.

This bill features the establishment of a permanent fund, the OFW assistance
fund, intended to guarantee support to all Filipinos working abroad in times of
contingencies, including the payment of blood money if need be and the creation of
programs to support the reintegration and well being of our returning migrant heroes.

This is an opportune time to show our gratitude to our “Modern Heroes” by
creating a separate Department — the Department of Overseas Filipino Workers — to
cater to special needs of the OFWs. This umbrella organization will not only unify but
also streamline the services for the OFWs by having POEA and OWWA as attached
agencies, together with Bureaus and allied Offices in order to adequately support
and give assistance to the OFWs wherever they may be.

In view of the foregoing, and bearing in mind the needs of our OFWs the
enactment of this bill is earnestly recommended.

Va

MARK A. VILLAR,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEETH CONGRESS
First Regular Session

133
HOUSE BILL No."

Introduced by Honorable MARK A. VILLAR

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 the House of Representatives of the
Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the "Department of
Overseas Filipino Workers Act of 2016"

SEC. 2. Declaration of Policy. —

a)

b.)

c)

The State shall afford full protection to labor, local and overseas,
organized and unorganized, promote full employment and equality
of employment opportunities for all. Towards this end the state
shall ensure the respect for the dignity and fundamental human
rights and freedoms of the Filipino workers overseas wherever they
may be.

Pursuant to the stated principle, the State shall strive to enhance
the human capital development of OFWs to enable them to better
compete in other countries and extend to them deployment and
repatriation assistance and support.

Recognizing the immense contribution of OFWs to the national
economy, the State shall likewise invest in programs for the
reintegration of returning OFWs, ensure their welfare and provide
assistance to their families.


SEC. 3. Creation of A Department of Overseas Filipino Workers. —
Pursuant to the above mentioned national policy, there is hereby created a
Department of Overseas Filipino Workers (DOFW), hereinafter referred to as the
Department, which shall, among others, recommend and implement the
Government's policies, plans, and programs for the promotion of protection, safety,
development, support, deployment and repatriation of overseas Filipino workers, and
dealing with other hazards while working abroad,

The Department shall be the primary agency tasked with enforcement of the
rights of OFWs as provided under Republic Act No. 8042 otherwise known as the
Migrant Workers Act of 1995 as amended.

SEC. 4. Powers and Responsibilities of the Department. — The department
shall have the following powers and responsibilities which shall be exercised by its
offices

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 stake
holders;

b) Asses, review, harmonize and coordinate all OFW-related local
policies and procedures and intemational 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;

a) Build a strong and harmonious partnership with foreign countries
and the private sectors to formulate strategies and implement the
same;

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

9g.) Promote knowledge, information and resource sharing, and develop
a database to assist OFW anywhere in the world;
h) Assist and provide technical expertise in the troubleshooting of the

OFWs in distress and tap the services of personnel, foreign and
local, with expertise on the formulation of strategies and plans
concerning OF W activities if needed;

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


i) Coordinate with concerned government agencies in the training and
support of Filipinos who have worked abroad and are retuming to

the country;

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

Ly Promulgate rules and regulations for the implementation of its
guidelines and policies and related laws;

m.) Administer, accept, hold and utilize property, both personal and

real, subject to constraints by existing laws, for the purpose of
assisting and expediting the work of the Department; and

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

SEC. 5. Powers of the Secretary. - The Secretary shall have the following
powers:

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 wit the programs of the
government;

c.) Review and prove request for financial and manpower resources of all
operating offices of the Department;

4d.) Designate and appoint officers and employees of the Department, excluding
the Undersecretaries and assistant secretaries, in accordance with the Civil
Service law, rules and regulations;

e.) Coordinate with other govemment agencies and public and private interest
groups, including non-government organizations (NGOs) and people's
organizations on Department policies and initiatives;

f.) Undertake consultations with other members of the Cabinet and officers of the
government relating to OFW concerns;

g.) Advice the President on the promulgation of executive and administrative
orders and regulatory and legislative proposals on matters pertaining to OFW
development;

h,) Advise the President of the Activities, programs, plans and all information
necessary or relevant to OFWs;

i.) Coordinate all policies and programs relating to OFW affairs;

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

k.) Perform such other tasks as may be provided by law or assigned by the
president from time to time

SEC. 6. Qualifications. - No person shall be appointed Secretary,
Undersecretary or Assistant Secretary of the Department unless he is a citizen and
resident of the Philippines, of good moral character and of proven competence and
integrity



SEC. 7. Satellite Offices. - The Department is hereby authorized, when
circumstances so warrant, to establish, operate, and maintain in each administrative
region of the country satellite offices to facilitate the effective functioning of the
Department.

These offices shall within their respective regional jurisdictions, exercise the
following functions:

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

b.) Provide technical expertise and know-how and information to provide OFW-
centered and efficient services;

c.) Coordinate with regional offices of other departments, offices, and agencies
and Local government units for the consolidation and integration of OFW
programs; and

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

SEC. 8. Transfer of Bureaus, Offices and Agencies. - The following
bureaus, offices and agencies will be transferred from their respective departments
(as shown in parenthesis) to the Department of Overseas Filipino Workers:

a.) Office for the Migrant Workers Affairs (Department of Foreign Affairs);

b.) Commission on Filipino Overseas (Office of the President);

c.) All Philippine Overseas Labor Offices (Department of Labor and
Employment)

SEC. 9. Attached Agencies. — The following agencies are hereby attached to
the Department for policy and program coordination, and shall continue and function
in accordance with the charters, laws or orders creating them, in so far as they are
not inconsistent with this Act:

a.) The Philippine Overseas Employment Administration (POEA); and

b.) Overseas Workers Welfare Administration (OWWA).

The laws and rules on government reorganization as provided forming
Republic Act No. 6656, otherwise known as the Reorganization Law, shall govern
the reorganization process of the Department.

SEC. 10. POEA and OWWA Board; Chairmanship. — Notwithstanding any
provision of law to the contrary, the Secretary of the Department of Overseas Filipino
Workers shall replace the Secretary of Labor and Employment as Ex-Officio
Chairperson of the respective Boards of the Philippines Overseas Employment
Administration and the Overseas Workers Welfare Administration. The latter
however shall remain as a member of the respective boards

SEC. 11. Organizational Structure. - The Department shall determine its
organization 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 law, rules, and regulations.

SEC. 12, Separation from Service. — Employees separated from services as
a result of this reorganization shall, within ninety (90) days therefrom, receive the
retirement benefits to which they may be entitled under existing law, rules, and
regulations

SEC. 13. OFW Assistance Fund. — An OFW Assistance Fund for OFWs in
distress, both documented and undocumented, in the amount of One Billion Pesos
(Php1,000,000,000.00) is hereby created. The fund shall be utilized for the following
purposes:

a.) Repatriation;

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

c.) Payment of blood money, when necessary; and

d.) Basic necessities of OFWs caught in emergencies or are detained.

Provided, That thirty percent (30%) of the total funds shall be allotted to
support a livelinood training program or re-training of returning OFWs in new skills
and literacy

SEC. 14. Appropriations. — The amount needed for the initial implementation
of this Act shall be taken from the current year’s appropriation of the transferred
agencies to the Department. Thereafter, the amount needed for the operation and
maintenance of the Department shall be included in the General Appropriations Act:
Provided that for the next fiscal year, following the approval of this Act, the
appropriation for the Department shall not be lower than five billion pesos. Provided
further, that one billion pesos (Php1,000,000,000.00) of the same appropriation shall
be allotted for the OFW Assistance Fund as stated in Section 13 hereof.

SEC. 15. Separability Clause. - If any provision or part hereof, is held invalid
or unconstitutional, the remainder of the law or the provision not otherwise affected
shall remain valid and subsisting

SEC. 16. Repealing Clause. - Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulations contrary
to or is inconsistent with the provision of this Act is hereby repealed, modified, or
amended accordingly.

SEC. 17. Effectivity Clause. - This Act shall take effect fifteen (15) days after
its publication in at least two (2) newspapers of general circulation.

Approved,