REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3993

Introduced by Representative TYRONE D AGABAS

EXPLANATORY NOTE

This bill which seeks to create a magna carta for the out-of-school
youth in the country has already been approved by the House of
Representatives on its 3" and final reading in the 17% Congress.
However, it has not yet ripened into a law thereby necessitating the filing
of the same on account of the primordial role of the youth in nation
building as formidable social economic force.

The State recognizes the vital role of the youth in nation-building
and shall promote and protect their physical, moral, spiritual,
intellectual, and social well-being, It shall inculcate in the youth
patriotism and nationalism, and encourage their involvement in public
and civic affairs. (Section 13, Article II, 1987 Constitution)

Our constitution is strongly worded in giving ample directive to
protect the young especially the out-of-school youth. To this end, the
government in recent years has been very active in providing general
services to the out-of-school youth. In 2018 the Philippine Statistics
Authority’s Annual Poverty Indicator Survey recorded a decrease in the
number of out-of-school youth aged 16 to 24, from 3.8 million
individuals in 2016 to 3.6 million in 2017. Despite the decrease however,
it is still alarming to have a 3.6 million out-of-school youth in the midst
of Filipino families. In fact, the Philippine Statistics Authority also
reported an increase in out-of-school youth aged 6 to 11 and 12 to 15.
The increase is mainly attributed to poverty and lack of income
opportunities. There is therefore a need to adopt bolder measures to


rapidly decrease in strides the incidence of out-of-school youth in the
country.

Hence, the need to pass this legislative measure to encapsulate in a
magna carta the various programs and incentives of the government for
the out-of-school youth with the end in view of integrating them back
into the fold of formal and non-formal education.

Accordingly, the approval of this bill is earnestly sought.

“TYRONE D. AGABAS
Representative
6% District, Pangasinan


Bewmvan o

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILLNO. 3993

AN ACT
PROVIDING FOR THE MAGNA CARTA OF THE OUT-OF-SCHOOL YOUTH

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

CHAPTER I
GENERAL PROVISIONS

SECTION 1. SHORT TITLE.- This Act shall be known as the “Magna
Carta of the Out-of-School-Youth.”

SEC. 2 Declaration of Policy. - The State values the dignity of every
human person and guarantees full respect for human rights. Pursuant
thereto, the State recognize the right of out-of-school youth to social
protection and to develop their full potential as partners in nation-
building. Towards this end, the State shall promulgate measures to
achieve the following objectives:

(a) To inspire and encourage the out-of-school youth to
contribute to nation building;

(b) To recognize the rights of out-of-school youth in society;

()__ To provide an alternative learning system and a program for
technical or vocational education for the out-of-school youth;

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(a)

(e)

To give full support to the improvement of the total well-being
of the out-of-school youth by providing educational
development and employment opportunities; and

To recognize the important role of the private sector in
improving the welfare of out-of-school youth and to actively
seek their partnership.
CHAPTER II
DEFINITION OF TERMS

‘SEC 3. DEFINITION OF TERMS. - As used in this Act:

(a)

(b)

()

(a)

2}

Alternative Learning System refers to a parallel learning
system in the Philippines that provide a practical option to the
existing formal instruction. It includes both the non-formal
and informal sources of knowledge and skills;

Out-of-School youth refers to a member of the population aged
15 to 30 years old who is currently out of school, not gainfully
employed, and has not finished college or a post secondary
course;

Social Protection refers to policies and programs that seek to
reduce poverty and vulnerability to risks and enhance the
social status and rights of all out-of-school youth by
promoting livelihood and employment opportunities,
protecting against financial hazards such as the sudden loss
of income, and improving people’s capacity to manage risks.
Its components are labor market programs, social insurance,
social welfare, and social safety nets;

Substantive Equality refers to the full and equal enjoyment of
rights and freedoms contemplated under this Act and
encompasses de jure, de facto equality and equality in
outcomes;

Technical/ Vocational Education refers to the aspects of
education process involving, in addition to general education,
the study of technologies and related sciences and the
acquisition of practical skills relating to occupations in
various sectors of economic and social life. The term is
comprised of formal (organized programs as part of the school

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system), and non-formal (organized classes outside the school
system) approaches; and

() | TESDA graduate refers to a student or trainee who has
completed the requirements set for a Technical education and
Skills Development Authority (TESDA) ~ registered Technical
Vocational Education and Training (TVET) course/program.

CHAPTER III

DUTIES RELATED TO THE HUMAN RIGHTS OF OUT-OF-SCHOOL
YOUTH

SEC. 4. State as the Primary Duty-Bearer. - The State, through the
National Youth Commission (NYC) and concerned youth saving agencies,
shall be guided by progressive developments in the human rights of out-
of-school youth under international law, and shall endeavor to design
policies, laws, and other regulatory measures to fulfill these duties. It shall
institute programs that will carry out the objectives of this act and
promote:

(a) The protection of the rights of out-of-school youth against
discrimination by private corporations, entities, and
individuals; and

(b) The substantive equality in the rights of out-of-school youth
in all spheres of growth and development.

SEC. 5. Duties of the State Agencies and Instrumentalities. - The
duties of the state as stated in Section 4 of this Act shall extend to all state
agencies, offices, and instrumentalities at all levels of government
including government-owned and -controlled corporations, subject to the
Constitution and pertinent laws, policies, or administrative guidelines that
define specific duties of state agencies and entities concerned.

CHAPTER IV

RIGHTS AND EMPOWERMENT
SEC. 6. Human Rights of Out-of-School Youth. - An out-of- school youth
shall enjoy, without discrimination, all rights provided for in the

Constitution and those rights recognized under international instruments
duly ratified by the Philippines, in consonance with Philippine law.

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SEC. 7. Protection from Violence. - The state shall ensure that all out-
of-school youths shall be protected from all forms of violence, particularly
in cases of physical abuse, sexual exploitation and human trafficking as
provided for in existing laws. The Department of Justice, Department of
Social Welfare and Services, and other concerned agencies, shall give
priority to the defense and protection of out-of-school youths and help in
attaining justice and healing.

SEC. 8, Equal Treatment Before the Law. - The NYC and other youth-
serving agencies shall take steps to review and, when necessary, amend
or repeal existing laws that are discriminatory to out-of-school youths.

SEC. 9. Representation of Out-of-School Youth Issues and Concerns
in Media and Film. - The NYC and other concerned agencies shall
formulate policies and programs for the advancement of out-of-school
youth in collaboration with government and non-government media-
related organizations.

For this purpose, the State shall ensure allocation of resources for
the production, publication and airing of all forms of information materials
on the rights of out-of-school youth and the various services and benefits
provided to them under this Act.

SEC. 10. Recognition and Preservation of Cultural Identity and
Integrity.- The rights of Moro and indigenous out-of-school youth to
practice, promote, protect, and preserve their own culture, traditions, and
institutions and to consider these rights in the formulation and
implementation of national policies and programs shall be upheld. To this
end, the National Commission on Muslim Filipinos and the National
Commission on Indigenous Peoples shall, in consultation with the sectors
concerned to protect their rights, indigenous knowledge system and
practices, traditional livelihood, and other manifestations of their cultures
and ways of life recommend legislation and other appropriate measures to
promote and to respect for their rights, practices and way of life: Provided,
That these cultural systems and practices do not discriminate against
other out-of-school youth.

CHAPTER V

GOVERNMENT ASSISTANCE AND SUPPORT

SEC. 11. Government Assistance. - The National Government, through
its agencies and instrumentalities shall provide the following;

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a) Education - The Department of Education (DepEd), TESDA
and the Commission on Higher Education (CHED), in
consultation with non- government organizations (NGOs),
shall institute a program that will ensure access of out-of-
school youth to formal and non-formal education;

b) Health - The Department of Health (DOH), in coordination
with local government units (LGUs) and NGOs, shall institute
a national health program and provide an integral health
service for out-of-school youth;

©) Social Services - The Department of Social Welfare and
Development (DSWD), in cooperation with the LGUs, NGOs
and other relevant stakeholders shall develop and implement
programs on social services for out-of-school youth, the
components of which are:

1) _ Social Enhancement Services, which provide the out-of-
school youth with opportunities for socializing,
organizing creative expression, and improvement of self;

2) After Care Services, which provide for support services
for out-of-school youth who are discharged from the
homes and institutions of the DSWD, especially those
who have problems of reintegration with family and the
community.

4) Employment - The Department of Labor and Employment
(DOLE), in coordination with other government agencies such
as the Department of Trade and Industry (DTI), TESDA shall
assess, design, and implement training programs that will
provide skills and welfare or livelihood support for out-of-
school youth.

CHAPTER VI

MANDATORY TECHNICAL AND VOCATIONAL EDUCATION
SEC. 12, Mandatory Technical/Vocational Education. - It shall be the
duty of the State to provide technical or vocational education to the out-

of-school youth. The course shall be provided and/or managed by TESDA
in accordance with its training regulations.

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SEC. 13. Alternative Learning System — An alternative learning system
of education shall be made available to out-of-school youth in the
barangays.

SEC. 14, Education Cost and Support - The TESDA shall provide
technical and vocational education services to out-of-school youth free of
charge. It shall likewise provide materials, instruments, and tools that the
out-of-school youth may need while enrolled in a technical/vocational
course, and financial support to cover transportation and other related
costs for the duration of the training.

SEC. 15. Entrepreneurial Education - The DTI, in coordination with
TESDA and other relevant government agencies, shall conduct a training
program to provide the out-of-school youth with the knowledge, skills and
motivation to encourage entrepreneurial endeavours. The program shall
include small business management, new approaches on innovation or
introduction of new products or services to the markets.

SEC. 16 Promotion to Formal Tertiary Education - The Local Social
Welfare Development Officer may recommend an out-of-school youth to be
recipient of a scholarship grant from the CHED under either Republic Act
10931 or the Universal Access to Quality Tertiary Education or Republic
Act 10687 or the Unified Student Financial Assistance System for Tertiary
Education Act (UNIFAST).

CHAPTER VII

EMPLOYMENT AND ENTERPRENEURAL FACILITATION

SEC. 17. EMPLOYMENT - Out-of-school youth who have the capacity and
desire to work shall be provided employment opportunities to enable their
transition as productive members of society.

SEC. 18. Entrepreneurial Facilitation - The DTI shall establish a
community-based method of addressing the needs and barriers facing out-
of-school youth entrepreneurs. The objective of entrepreneurial facilitation
is to encourage and retain a diverse and robust local entrepreneurial
economy that leads to more opportunities for the out-of-school youth.

SEC. 19. Right To Decent Work -The DOLE, in coordination with TESDA,
shall ensure decent work standards for the out-of-school youth who have
graduated from TVET courses, including the following minimum
guarantees:

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a) Local job generation and employment, economic opportunities
and providing strict regulations against forced and voluntary
displacement; and

b) Protection of the rights and promotion of the welfare of
migrant TVET graduates regardless of work status, and
protection against discrimination in wages, conditions of
work, and employment opportunities in host countries.

SEC. 20. Social Protection - The National Poverty Commission and
concerned agencies shall institute policies and programs that seek to
reduce poverty and vulnerability to risks of out-of-school youth by
protecting them against the financial hazards of sudden loss of income,
and improving capacity to manage risks. Further, the State shall ensure
that out-of-school youth workers and TVET graduates shall be provided
by their employer with a mandatory life, accident and health insurance
coverage.
CHAPTER VIII
ESPECIALLY DIFFICULT CIRCUMSTANCE

SEC. 21. ESPECIALLY DIFFICULT CIRCUMSTANCE. - Out-of-school
youth who are in especially difficult circumstances such as victims of
sexual and physical abuse, illegal recruitment, prostitution, trafficking,
armed conflict, out-of-school youth in conflict with the law and such other
related circumstance which have caused functional incapacity in society,
shall be provided with services and interventions as necessary such as:

a) Temporary and protective custody

b) Medical and dental services

©) Psychological evaluation

4) Counseling

e) Psychiatric evaluation

f) _ Legal services

g) Productivity capability building

h) _Livelihood assistance

i) Financial assistance

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j) Life skills and training
k) Health education and information

SEC. 22. Inter-Agency Support - The National Youth
Commission, in coordination with the DSWD, DOJ, DOH, DepEd and the
Advisory Council created under RA No. 8044, and concerned LGUs shall
lead in facilitating, implementing, monitoring and planning programs for
the rehabilitation of out-of-school youth.

SEC. 23. Duty of the LGU. - It is the duty of the LGU where the out-of-
school youth resides to deliver the necessary services and
interventions under their respective jurisdictions.

CHAPTER IX
ADMINISTRATION AND ENFORCEMENT

SEC. 24. Role of Advisory Council— The Advisory Council created under
Republic Act No. 8044 or the “Youth in Nation-Building Act” shall plan,
coordinate and monitor yearly work programs in compliance with the
objectives of this Act. It shall formulate and implement a National
Comprehensive Multi-Stakeholder Plan of Action for Out-of-School Youth.

The Advisory Council shall also coordinate with and ensure that the
relevant agencies of the government have appropriate programs for the
out-of-school youth in accordance with the objectives of this Act.

The Advisory Council shall cause the prominent display of
information materials in government institutions and private
establishments aimed in generating public awareness on the rights of out-
of-school youth.

SEC. 25. Role of Local Social Welfare and Development Officer — The
Local Social Welfare and Development Officer shall assist the
advisory council in the effective implementation of the provisions of this
Act and shall perform the following functions:

a) Draw up a list of available and required services which can be
provided for out-of-school youth;

b) Maintain and regularly update on an annual basis the list of
out-of-school youth and to issue nationally uniform individual
identification cards _ free of charge, which shall be valid
anywhere in the country;

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dq)

e)

Serve as a focal person in the dissemination of general
information and feedback in regard to the needs of the out-of-
school youth;

Report to the Mayor, any individual, establishment, business
entity, institution, or agency found violating any provision of
this Act;

Coordinate with the Advisory Council to ensure compliance
with the provisions of this act;

Monitor the compliance of the government institutions as well
as private establishments to prominently display information
materials such as posters, banners and pamphlets that will
generate public awareness on the rights and welfare of out-of-
school youth.

SEC. 26. Role of Non-Government Organization — Non-government
organizations or private volunteer organizations dedicated to the
promotion, enhancement, and support of the welfare of out-of-school
youth are hereby encourage to become partners of government in the
implementation of programs and projects for the out-of-school youth.

CHAPTER X
ADMINISTRATION AND ENFORCEMENT

SEC. 27. Penalties - Any person who violates any provision of this act
shall, upon conviction, suffer the following penalties:

a)

b)

)

For the first violation, imprisonment of not less than six (6)
months but not more than two (2) years and fine of not less
than Fifty thousand pesos (P50,000.00) but not more than
One hundred thousand pesos (P100,000.00);

For any subsequent violation, imprisonment of not less than
two (2) years but not more than six (6) years and a fine not
less than one hundred thousand pesos (P100,000.00) but not
more than two hundred thousand pesos (P200,000.00)

For any person who avails of any of the benefits and privileges
granted under this Act but who is not qualified to avail of the
same, imprisonment of not less than six (6) months and a fine
of not less than Fifty Thousand pesos (50,000.00) but not
more than One hundred Thousand pesos (100,000.00);

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d) If the offender is a corporation, organization or any similar
entity, the officials thereof directly involved in the violation or
abuse shall be held liable.

If the offender is an alien or a foreigner, the person shall
be deported immediately upon service of sentence without
further proceedings.

Upon filing of the appropriate complaint or information,
the proper authorities, in coordination with the concerned
LGU, shall cause the cancellation or revocation of the
business permit, permit to operate, franchise and other
similar privileges granted to any business entity or a person
that fails to abide by or violates the provisions of this Act.

SEC. 28. Appropriations. - The amount necessary for the effective
implementation of this Act shall be included in the budget of the concerned
government agencies in the annual General Appropriations Act.

SEC. 29. Implementing Rules and Regulations. - The Advisory Council
created under Republic Act No 8044 shall promulgate, not later than thirty
(30) days upon the effectivity of this Act, the necessary rules and
regulations for the effective implementation of this Act: Provided, That the
failure to promulgate the rules and regulations shall not prevent the
implementation of this Act upon its effectivity.

SEC. 30. Separability Clause. - If any provision of this Act, is declared
unconstitutional, the remainder of this Act or any provision not affected
thereby shall remain in full force and effect.

SEC. 31. Repealing Clause. - All laws, decrees, orders, issuances, rules
and regulations or parts thereof inconsistent with the provisions of this
Act are hereby repealed, amended or modified accordingly.

SEC. 32. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,

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