Eighteenth Congress
First Regular Session

HOUSE BILL NO. 631

introduced by
REPRESENTATIVE LOREN B. LEGARDA

AN ACT

FURTHER AMENDING REPUBLIC ACT NO. 8759, OTHERWISE KNOWN AS THE
PUBLIC EMPLOYMENT SERVICE OFFICE ACT OF 1999, AS AMENDED, TO
INCLUDE ENTREPRENEURSHIP IN THE SCOPE OF THE LAW, TO RENAME THE
PRESENT PUBLIC EMPLOYMENT SERVICE OFFICE (PESO) INTO THE PUBLIC
EMPLOYMENT AND ENTREPRENEURSHIP OFFICE (PEESO), AND TO
ESTABLISH THE BARANGAY EMPLOYMENT AND ENTREPRENEURSHIP
OFFICES (BEESO) NATIONWIDE, DEFINING ITS ROLE WITHIN THE EXISTING
NETWORK, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Itis the policy of the State to provide adequate and quality employment and to
promote equality of employment opportunities for all Filipinos. In fact, the trend of
employment, unemployment and underemployment rates is one of the issues closely
watched over by government economic managers, since employment is one of the
main drivers of economic growth and progress. Furthermore, the 1987 Constitution
likewise recognizes the important role of entrepreneurship in achieving economic

growth.

It was shown in the report posted by the Philippine Statistics Authority that in
April 2018, there was a 1.6 percentage point increase in employment rate and a 0.2
percentage point decline in the unemployment rate, while a 0.9 percentage increase

in the underemployment rate relative to the rates in 2017. Unfortunately, the


Philippines has been consistently identified among Southeast Asian countries with the

highest rates of unemployment and underemployment rates.

Thus, this bill seeks to further promote entrepreneurship by including it in the
coverage of the current Public Employment Service Office (PESO) law. It shall
rename the office to the Public Employment and Entrepreneurship Office (PEESO),
and shall create the Barangay Employment and Entrepreneurship Service Office
(BEESO) which shall provide a more efficient system that would facilitate and regulate
the labor market by bridging the gap between the job seekers and employers. This
measure further aims to offer employment and entrepreneurship opportunities tailored
and suited to each job seeker through various trainings and consultations. Finally, this
bill intends to not only educate the Filipino job seekers on the programs and services.
of the Department of Labor and Employment (DOLE) but also on the importance of

entrepreneurship.

ae

EN B. LEGARDA



Eighteenth Congress
First Regular Session

HouSE BILL No. 631.

introduced by
REPRESENTATIVE LOREN B. LEGARDA

‘AN ACT
FURTHER AMENDING REPUBLIC ACT NO. 8759, OTHERWISE KNOWN AS THE
PUBLIC EMPLOYMENT SERVICE OFFICE ACT OF 1999, AS AMENDED, TO
INCLUDE ENTREPRENEURSHIP IN THE SCOPE OF THE LAW, TO RENAME THE
PRESENT PUBLIC EMPLOYMENT SERVICE OFFICE (PESO) INTO THE PUBLIC
EMPLOYMENT AND ENTREPRENEURSHIP OFFICE (PEESO), AND TO
ESTABLISH THE BARANGAY EMPLOYMENT AND ENTREPRENEURSHIP
OFFICES (BEESO) NATIONWIDE, DEFINING ITS ROLE WITHIN THE EXISTING
NETWORK, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Section 3 of Republic Act No. 8759, otherwise known as the
‘Public Employment Service Office Act of 1999”, as amended by Republic Act No.
10691, is hereby further amended to read as follows:

“SEC. 3. Establishment of the Public Employment AND
ENTREPRENEURSHIP Service Office and THE BARANGAY
EMPLOYMENT AND ENTREPRENEURSHIP OFFICE. — To carry out
the above declared policy, there shall be established in all provinces,
cities, and municipalities a Public Employment AND
ENTREPRENEURSHIP Service Office, hereinafter referred to as

‘PEESO’.


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TO SUPPORT THE PROVINCIAL AND MUNICIPAL PEESO, A
BARANGAY EMPLOYMENT AND ENTREPRENEURSHIP OFFICE,
HEREIN REFERRED TO AS ‘BEESO’, SHALL BE ESTABLISHED IN
ALL BARANGAYS NATIONWIDE. THE BEESO SHALL EXTEND THE
REACH OF THE MUNICIPAL PEESO TO THE RURAL AREAS WHERE
THE BULK OF EMPLOYMENT MODE IS NOT WAGE-BASED BUT
BASED ON SELF-EMPLOYMENT AND AVAILMENT OF LIVELIHOOD
OPPORTUNITIES. THE CREATION OF THE BEESO SEEKS TO
HELP IMPROVE THE ACCESS OF THE RURAL WORKFORCE TO
EMPLOYMENT AND ENTREPRENEURSHIP SERVICES.

THE PEESO AND THE BEESO shall be operated and maintained
by local government units (LGUs). The PEESOs AND THE BEESOS
shall be linked to the regional offices of the Department of Labor and
Employment (DOLE) for coordination and technical supervision, and to
the DOLE central office, to constitute the national public employment
AND ENTREPRENEURSHIP service network.

The PEESO OR BEESO, AS THE CASE MAY BE, shall be under
the office of the governor, city, municipal mayor and barangay chairman.
The PEESO OR BESO, AS THE CASE MAY BE, shall be initially
organized by and composed of a PEESO OR BEESO manager and may
be assisted by a labor and employment officer (LEO) as may be
determined by the LGU.

Upon the request of accredited nongovernment organizations
(NGOs) or educational institutions (Ets), the DOLE may enter into a

memorandum of agreement for the NGO and El to establish, operate


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and maintain a PEESO AND BEESO and a job placement office,
respectively.

To harmonize the provision of employment AND
ENTREPRENEURSHIP services in a given territorial jurisdiction, the
PEESO AND BEESO at the NGOs and the job placement office in Els
shall coordinate their activities with the appropriate LGU PEESO OR
BEESO, AS THE CASE MAYBE.”

SECTION 2. Section 4 of RA 8759, as amended by RA 10691, is hereby
amended to read as follows:

“SEC. 4. Objectives of the PEESO AND BEESO. - In general, the
PEESO AND BEESO shall ensure the prompt, timely and efficient
delivery of employment AND ENTREPRENEURIAL services and
provision of information on the other DOLE programs.

Specifically, the PEESO/BEESO shall:

(a) Provide a venue where people could explore simultaneously
various wage employment AND ENTREPRENEURIAL option
and actually seek assistance they prefer;

(b) Serve as referral and information center for the various services
and programs of DOLE and other government agencies present
in the area;

(c) Provide clients with adequate information on
ENTREPRENEURSHIP, employment and labor market situation
in the area;

(d) Network with other PEESOs AND BEESOs within the region on
‘employment for job exchange purposes[.] AND WITH OTHER

GOVERNMENT, NON-GOVERNMENT AGENCIE AS WELL AS


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WITH THE PRIVATE AND BUSWESS SECTORS FOR
INFORMATION EXCHANGE AND ENTREPRENEURIAL
OPPORTUNITIES.”

SECTION 3. Section 5 of RA 8759, as amended by RA 10691, is hereby further

amended to read as follows:

“SEC. 5. Functions of the PEESO AND BEESO. The PEESO

and BEESO shall have the following functions:

(a) Encourage employers to submit to the PEESO AND BEESO on
a regular basis a list of job vacancies in their respective
establishments in order to facilitate the exchange of labor market
information between job seekers and employers by providing
employment information services to job seekers, both for local
and overseas employment, and recruitment assistance to
employers;

(b) Develop and administer testing and evaluation instruments for
effective job selection, training and counselling;

(c) SERVE AS VENUE FOR CONVERGENCE BY THE
APPROPRIATE AGENCIES TO [Plprovide persons with
[qualities] ENTREPRENEURSHIP ENHANCEMENT
INTERVENTIONS, access to the various livelihood and self-
employment and information programs offered by both
government and non-government organizations at the provincial,
city, municipal and barangay levels by undertaking referrals for

such program;


rT (d) Undertake employability enhancement trainings or seminars for

2 job seekers, as well as those who would like to change career or
3 enhance their employability;

4 (e) Provide employment or occupational counselling, career
5 guidance, mass motivation and values development activities;

6 (f) Conduct pre-employment counselling and orientation to
7 prospective local and, most especially, overseas workers;

8 (g) Provide reintegration assistance services to returning Filipino
9 migrant workers;

10 (h) Prepare and submit to the local sanggunian an annual
a employment FACILITATION plan and budget including other
2 regular funding sources and budgetary support of the PEESO
13 AND THE BEESO; [and]

14 () REFER JOB APPLICANTS WHO MAY NEED FURTHER
15 TRAINING OR RETRAINING TO THE TECHNICAL
16 EDUCATION AND SKILLS DEVELOPMENT AUTHORITY
17 (TESDA) COMMUNITY TRAINING FOR EMPLOYMENT
18 COORDINATOR (CTEC) AND OTHER TRAINING OR
19 EDUCATIONAL INSTITUTIONS; AND,

20 “[()] (J) Perform such functions as to fully carry out the objectives of
21 this Act.”

22 SECTION 4. Section 6 of RA 8759, as amended by RA 10691, is hereby further
23 amended to read as follows:

24 “SEC. 6. Other Services of the PEESO AND BEESO. - In addition

25 to the functions enumerated in the preceding section, THE PROVINCIAL

26 PEESO SHALL CONDUCT PERIODIC JOB CLEARANCE MEETINGS


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WITH ALL THE MUNICIPAL AND CITY PEESOS WITHIN ITS AREA
OF JURISDICTION FOR THE PURPOSE OF ELIMINATING
DUPLICATIONS IN ACCOMPLISHMENT REPORTING TO THE DOLE
AND THE LGUS. THE MUNICIPAL PEESO SHALL LIKEWISE
EXERCISE THE ABOVE FUNCTION IN RELATION TO THE BEESOS.
MOREOVER, every PEESO AND BEESO shall undertake holistic
strategies, programs and activities to transform the PEESO AND
BEESO into a modern public employment AND ENTREPRENEURSHIP
service intermediary that provides multi-dimensional employment and
entrepreneurship facilitation services.”

SECTION 5. Section 7 of RA 8759, as amended by RA 10691, is hereby further

amended to read as follows:

“SEC. 7. Role of the DOLE and the LGUs. — The LGUs, in
coordination with the DOLE, shall establish the PEESO AND BEESO.
It shall be the responsibility of the DOLE to:

(a) Provide technical supervision, coordination and capacity-building
to the PEESO AND BEESO;

(b) Establish and maintain aN UPDATED computerized human
resource and job registries to facilitate the provision and
packaging of employment assistance to PEESO AND BEESO
clients and the setting-up of intra- and inter{regional] -
GEOGRAPHICAL job clearance systems as part of the overall
employment network;

(0) Provide technical assistance and allied support services to the

PEESO AND BEESO including, but not limited to, the training of


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PEESO AND BEESO personnel in the various aspects of
employment AND ENTREPRENEURSHIP facilitation functions;

(d) Set standards for the establishment and operation of the PEESO
AND BEESO office, and qualification standards for the PEESO
AND BEESO personnel;

(e) Extend other packages of employment AND
ENTREPRENEURSHIP services to the LGU, NGO or El
concerned, including the conduct of job fairs, career development
seminars, ENTREPRENEURSHIP INTERVENTIONS and other
activities; and

(f) Monitor, assess, and evaluate the performance of the PEESO
AND BEESO, including the job placement offices in Els.

For their part, persons who are seeking employment, particularly
the unemployed, shall register at the PEESO/BEESO for employment
AND ENTREPRENEURSHIP facilitation assistance. The
establishments, on the other hand, shall submit their job vacancies as
well as applicants hired to the PEESO AND BEESO to ensure the
availability of accurate information on supply and demand situation for
various OCCUPATIONS AS WELL as skills in the labor market.

The LGU shall establish a monitoring system wherein
establishments operating in the locality shall report the following relevant
labor market information to the concerned office of the LGU:

(a) Present number and nature of jobs[;], SELF-EMPLOYMENT,
LIVELIHOOD OPPORTUNITIES; and,

(b) Projection of jobs that the establishment will provide or offer in the

next five (5) years;


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PROVIDED THAT, [T]the information shall be submitted to the
PEESO AND BEESO for job matching and to Els for career guidance of
the students.
PROVIDED FURTHER THAT, [It shall be the responsibility of
the concerned LGU to:

(i) Operate and maintain the PEESO AND BEESO;

(ii) Ensure compliance with the operational standards set by the
DOLE;

(ii) Extend such assistance and services as may be necessary in the
promotion of employment AND ENTREPRENEURSHIP within
the area of jurisdiction; and,

(iv) Submit to the DOLE periodic: performance and accomplishment

reports.”

SECTION 6. Section 8 of RA 8759, as amended by RA 10691, is hereby amended to

read as follows:

SEC. 8. Administration of the PEESO AND BEESO Program. -
The DOLE shall be primarily responsible for the administration of the
PEESO AND BEESO Program through its Bureau of Local Employment,
as well as its regional offices throughout the country. The Secretary of
Labor and Employment, in coordination with the Department of the
Interior and Local Government and in consultation with the presidents of
the various local government leagues, namely the League of Provinces,
the League of Cities, the League of Municipalities and the League of
Barangays, AND IN CONSULTATION WITH THE DEPARTMENT OF
TRADE AND INDUSTRY, DEPARTMENT OF SCIENCE AND

TECHNOLOGY, AND SUCH OTHER GOVERNMENT AGENCIES AND


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INSTRUMENTALITIES WHICH OFFER PROGRAMS ON
EMPLOYMENT, LIVELIHOOD, AND ENTREPRENEURSHIP, shall
accordingly promulgate, within ninety (90) days from the effectivity of this
Act, the necessary rules and regulations for the effective implementation
of the [Program] ACT.”

SECTION 7. Section 9 of RA 8759, as amended by RA 10691, is hereby further

amended to read as follows:

“SEC. 9. Funding. — The funding for the operation and
maintenance of the PEESO AND BEESO shall be provided by the LGU
from its internal revenue allotment and other internally generated income
of the LGU concerned. Likewise, the operation and maintenance of the
NGO PEESO AND BEESO and job placement offices of Els shall be
charged against their internally generated income.

Funds for the provision of technical assistance, training and
‘supervision of the PESO shall be included in the budget of the DOLE in
the annual General Appropriations Act.

The amount necessary to implement the provisions of this Act
shall be included by the Department of Budget and Management in the
annual General Appropriations Act.”

SECTION 8. Implementing Rules and Regulations. — The Secretary of Labor and

Employment shall issue the necessary rules and regulations for the effective

implementation of this Act within ninety (90) days after its effectivity

SECTION 9. Separability Clause. — If, for any reason, any section or provision of this

Act or any part thereof, or the application of such section, provision or portion is

declared invalid or unconstitutional, the remainder thereof shall not be affected by such

declaration.


SECTION 10. Repealing Clause. — All aws, decrees, executive orders, proclamations,
rules and regulations or any part thereof, which are inconsistent with the provisions of
this Act, are hereby deemed repealed or modified accordingly

SECTION 11. Effectivi

/. — This Act shall take effect after fifteen (15) days from the
date of its publication in the Official Gazette or in at least two (2) newspapers of general
circulation.

Approved,