EIGHTEENTHCONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES
First Regular Session
SENATE 
s.B. NO. r C 4
fy 
*-5)L uu.;
O a;.<  of It)'- SP'-'u' tn I ji
T9 
JUL 17 
P2 :45
Introduced by Senator Maria Lourdes Nancy ^^^Binay
AN ACT
PROVIDING FOR THE MAGNA CARTA OF THE OUT-OF-SCHOOL YOUTH
EXPLANATORY NOTE
Article II, Section 11 of the 1987 Philippine Constitution provides:
"The State values the dignity of every human person and 
guarantees full respect for human rights."
Article II, Section 13 of the 1987 Philippine Constitution provides:
"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."
/
Human life is sacred and every child deserves a brighter future. Poverty is among 
the main causes that hinders children from receiving an education. Thus, many 
children learn to earn at an early age and are unable to experience the 
immediate value and significance of finishing a high school education or a college 
degree. Hence, government intervention is necessary in order to encourage 
parents to inspire out-of-school youths to recognize the importance of education 
and pursue Alternative Learning Systems.


This 
bill 
seeks 
to 
provide 
educational 
development 
and 
employment 
opportunities to our out-of-school youths in order to safeguard their welfare and 
empower them.
In view of the foregoing, passage of this bill is earnestly sought.
\d
MARIA LOURDES N A IitY  S. BINAY 
Senator


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19
EIGHTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES
First Regular Session
S.B. NO. 
v. b 4
j{ tlj'' jS n  rrlni|>
'19 JUL 17 P2 ^6
Introduced by Senator Maria Lourdes Nancy S. ^ [i(ay.
AN ACT
PROVIDING FOR THE MAGNA CARTA OF THE OUT-OF-SCHOOL YOUTH
Be it enacted by the Senate and House o f Representatives o f 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 o f Policy. -  It is hereby declared that the State values 
the dignity of every human person and guarantees full respect for human rights. 
The State therefore recognizes the right of out-of-school youth to social 
protection and development. Towards this end, the State shall promulgate 
measures to achieve the following objectives:
(a) Inspire and encourage the out-of-school youth to contribute 
to nation building;
(b) Recognize the rights of out-of-school youth in the society;
(c) Provide an Alternative Learning System and a program for 
technical/vocational education for the out-of-school youth;
(d) 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


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(e) Recognize the innportant role of the private sector in the 
improvement of the welfare of out-of-school youth and to 
actively seek their partnership.
CHAPTER I I  
DEFINITION OF TERMS
Sec. 3. Definition o f Terms. -  As used in this Act;
(a) "Alternative Learning System" shall refer to a parallel 
learning system in the Philippines that provides a practical 
option to the existing formal instruction. It includes both 
the non-formal and informal sources of knowledge and 
skills;
(b) "Out-of-school Youth" shall 
refer to members of the 
population aged fifteen (15) to thirty (30) years old who are 
currently out of school, not gainfully employed, and have 
not finished college or a post-secondary course;
(c) "Social Protection" shall refer 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 and protecting the livelihood and 
employment, protecting against hazards and sudden loss of 
income, and improving people's capacity to manage risk. Its 
components are labor market programs, social insurance, 
social welfare and social safety nets;
(d) "Substantive Equality" shall refer to the full and equal 
enjoyment of rights and freedoms contemplated under this 
Act and encompasses de ju re  and de facto equality and 
equality in outcomes;


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(e) "Technical/Vocational 
Education" 
shall 
refer 
to 
the 
education or training 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 system), and non-formal (organized 
classes outside the school system) approaches; and
(f) 
"TESDA Graduate" shall refer to a student or trainee who 
has 
completed 
the 
requirement 
set 
for a 
Technical 
Education 
and 
Skills 
Development Authority 
(TESDA)- 
registered Technical Vocational Education and Training 
(TVET) course/program.
CHAPTER I I I
DUTIES RELATED TO THE HUMAN RIGHTS OF OUT-OF-SCHOOL YOUTH
Sec. 4. The State as the Primary Duty-Bearer. -  The State, as the primary 
duty bearer, shall be guided by progressive developments in human rights of 
out-of-school youth under international law, and 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. It shall 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 o f State Agencies and Instrumentaiities. -  The duties of the 
State as stated in Section 4 of this Act shall extend to all state agencies, offices.


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and instrumentalities at all levels and 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 o f Out-of-Schoo! Youth. -  Out-of-school youth shall 
enjoy, without discrimination, all rights in the Constitution and those rights 
recognized under international instruments duly signed and ratified by the 
Philippines, in consonance with Philippine law.
Sec. 7. Protection from  Vioience. -  The State shall ensure that all out-of­
school youth shall be protected from all forms of violence, particularly cases of 
physical 
abuse, 
sexual 
exploitation, 
and 
human 
trafficking. 
Agencies of 
government shall give priority to the defense and protection of out-of-school 
youth and help them to attain justice and healing.
Sec. 8. Equai Treatment Before the Law. -  The State shall take steps to 
review and, 
when 
necessary, 
amend, 
or repeal existing 
laws that are 
discriminatory to out-of-school youth.
Sec. 9. Representation o f Out-of-Schooi Youth Issues and Concerns in 
Media and Fiim. -  The State 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 space, airtime, and 
resources, strengthening programming, production, and image-making that


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appropriately present the out-of-school youth's needs, issues and concerns in all 
forms of media, communication, information dissemination, and advertising.
Sec. 10. Recognition and Preservation o f Cuiturai Identity and Integrity. -  
The State shall recognize and respect the rights of Moro and Indigenous peoples 
who are 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.
To this end, the State shall adopt measures in consultation with the 
sectors concerned to protect their rights, their indigenous knowledge systems 
and practices, traditional livelihood, and other manifestations of their culture and 
way of life; Provided, That these cultural systems and practices are not 
discriminatory to the 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:
(a) Education -  The Department of Education (DepEd), TESDA, 
and the Commission on Higher Education (CHED), in 
consultation with local government units (LGUs) and non­
government organizations (NGOs), shall institute a program 
that will ensure access to formal and non-formal education;
(b) Health -  The Department of Health (DOH), in coordination 
with LGUs and NGOs shall institute a national health 
program and provide an integral health service for out-of­
school youth;
(c) Social Services -  The Department of Social Welfare and 
Development (DSWD), in cooperation with LGUs and NGOs


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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 
out-of-school 
youth 
with 
opportunities 
for 
socializing, organizing creative expression, and 
improvements of self; and
(2) After Care Services for out-of-school youth who 
are discharged from the homes or institutions 
of the DSWD and other private institutions duly 
accredited by the DSWD, especially those who 
have problems of reintegration with family and 
community;
(d) Employment -  The Department of Labor and Employment 
(DOLE), in coordination with other government agencies 
such as, but not limited to, the Department of Trade and 
Industry (DTI) and TESDA, shall assess, design, and 
implement training programs that will provide skills and 
welfare or livelihood support for out-of-school youth.
CHAPTER V I 
EDUCATION
Sec. 12. Mandatory Technical/Vocational Education. -  It shall be the duty 
of the State to provide mandatory technical/vocationai education to out-of-school 
youth. The course shall be provided and/or managed by TESDA in accordance 
with its Training Regulations.
Sec. 13. Education Cost and Support. -  The technical/vocationai education 
shall be offered by the State free of charge to the out-of-school youth. The State


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shall likewise provide materials, instruments, and toois that the out-of-school 
youth may need while enrolled in a technical/vocational course, as well as 
sufficient allowance to cover transportation and other related costs for the 
duration of the training.
Sec. 14. Skills Development Coordinators a t the LGUs. -  The LGUs, 
through the Community Training and Employment Coordinators (CTECs) or duly 
designated LGU personnel, shall have the responsibility of monitory the progress 
and development of the OSYs in the chosen technical/vocational course by 
requiring the technical vocational institutions (TVIs) to submit, among others, 
regular enrollment and completion reports of the programs being implemented.
Sec. 15. Promotion to Formal Tertiary Education. -  The local Social 
Welfare and Development Officer may recommend an out-of-school youth to be 
a recipient of a scholarship program from the CHED under either Republic Act 
No. 10391 or the Universal Access to Quality Tertiary Education Act or Republic 
Act No. 10687 or the Unified Student Financial System for Tertiary Education Act 
(UniFAST).
Sec. 16. 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 success. The program shall include small business 
management education and new approaches on how to promote innovation or 
introduce new products or services to the markets.
Sec. 17. Alternative Learning System. -  The Alternative Learning Mode of 
Education shall be made available to out-of-school youth in the barangays.


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For out-of-school youth who are in the custody of a home or an institution 
managed by the DSWD, the latter shall coordinate with the DepEd for the 
provision of Alternative Learning System within its premises.
CHAPTER V II
EMPLOYMENT AND ENTREPRENEURIAL FACILITATION
Sec. 18. Employment -  An out-of-school youth who has the capacity and 
desire to work shall be provided employment opportunities to enable them to be 
productive members of the society.
Sec. 
19. 
Entrepreneurial Facilitation. -  The State shall establish a 
community-based method of addressing the needs and barriers facing out-of­
school youth entrepreneurs. The objective is to encourage and develop a diverse 
and robust local entrepreneurial economy that will lead to more opportunities for 
the enterprising out-of-school youth.
Sec. 20. Right to Decent Work. -  The State shall progressively grant and 
ensure decent work standards for out-of-school youth who have graduated in 
TVET courses, which shall include, but not be limited, to the following minimum 
guarantees:
(a) Local job generation and employment, as well as other 
economic opportunities for TVET graduates, providing strict 
regulations 
against 
their 
forced 
and 
involuntary 
displacement;
(b) Promotion and protection of the rights and welfare of 
migrant TVET graduates regardless of their work status, 
and protection against discrimination in wages, conditions 
of work, and employment opportunities in host countries; 
and


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(c) Opportunities for work shall 
be productive and fairly 
remunerative as family living wage, security of tenure in the 
workplace, and better prospects for personal development 
and social integration.
Sec. 21. Social Protection. -
(a) The State shall endeavor that out-of-school youth workers 
and TVET graduates acquire a mandatory life, accident, and 
health 
insurance 
coverage 
to 
be 
provided 
by 
their 
employer.
(b) The State shall institute policies and programs that seek to 
reduce poverty as well as vulnerability to risks of out-of- 
school youth by protecting against hazards of sudden loss 
of income, and improving his/her capacity to manage risks.
CHAPTER V III
ESPECIALLY DIFFICULT CIRCUMSTANCE
Sec. 22. Especially Difficult Circumstances. -  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 circumstances which have caused 
their functional incapacity in the society, shall be provided with services and 
interventions as necessary, such as, but not limited to, the following:
(a) Temporary protective custody;
(b) Medical and dental services;
(c) Psychological evaluation;
(d) Counseling;
(e) Psychiatric evaluation;
(f) 
Legal services;


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(g) Productivity skill capacity building;
(h) Livelihood assistance;
(i) 
Financial assistance;
0) 
Life skills training; and
(k) Health education and information.
Sec. 23. Inter-agency Support. -  The DSWD, Department of Justice (DOJ), 
DOH and DepEd, in coordination with the appropriate LGU, shall lead in 
facilitating, 
implementing, 
monitoring 
and 
planning 
programs 
for 
the 
rehabilitation of the out-of-school youth.
Sec. 24. D uty o f the LGU. -  It is the duty of the LGU where the out-of­
school youth resides to deliver the services and interventions necessary under 
their respective jurisdictions.
CHAPTER IX
ADM INISTRATION AND ENFORCEMENT
Sec. 25. 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 pursuance of the objectives of this Act. It shall 
also create 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.
Sec. 26. Local Social Welfare and Development Officer. -  The local Social 
Welfare and Development Officer shall assist in the effective implementation of 
the provisions of this Act and shall have the following functions:
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(a) To draw up a list of available and required services which 
can be provided for out-of-school youth;
(b) To 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;
(c) To serve as a general information and liaison center to 
serve the needs of the out-of-school youth;
(d) To 
coordinate 
with 
the 
Advisory 
Council 
to 
ensure 
compliance with the provisions of this Act;
(e) To report to the mayor, any individual, establishment, 
business entity, institution, or agency found in violation of 
any provision of this Act; and
(f) 
To require government institutions as well as private 
establishments to prominently display notices that will 
generate public awareness on the right and welfare of out- 
of-school youth.
Sec. 27. Role o f Non-Government Organizations. -  Non-government 
organizations or private volunteer organizations dedicated to the promotion, 
enhancement, and support of the welfare of out-of-school youth are hereby 
encouraged to become partners of government in the implementation of 
programs and projects for the out-of-school youth.
CHAPTER X 
FINAL PROVISIONS
Sec. 28. Penalties. -  Any person who violates any provision of this Act 
shall, upon conviction, suffer the following penalties:
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(a) For the first violation, imprisonment of not less than six (6) 
months but not more than two (2) years and a fine of not 
less than Fifty Thousand Pesos (P50,000.00) but not more 
than One Hundred Thousand Pesos (PlOO,000.00);
(b) For any subsequent violation, imprisonment of not less than 
two (2) years but not more than six (6) years and a fine of 
not less than One Hundred Thousand Pesos (P100,000.00) 
but 
not 
more 
than 
Two 
Hundred 
Thousand 
Pesos 
(P200,000.00); and
(c) Any person who not being qualified under this Act or with 
deceit and fraudulent machination shall avail of any of the 
benefits and privileges granted under this Act shall suffer 
the penalty of imprisonment for not less than six (6) 
months but not more than two (2) years and a fine of not 
less than Fifty Thousand Pesos (P50,000.00) but not more 
than One Hundred Thousand Pesos (P100,000.00).
If the offender is a corporation, organization or any similar entity, the 
officials thereof directly involved in the commission of the act in violation of any 
of the provisions of this Act shall be held liable.
If the offender is an alien or a foreigner, he 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 person that fails to abide by 
or violates the provisions of this Act.
Sec. 29. Implementing Rules and Regulations. -  Within ninety (90) days 
from the effectivity of this Act, the Advisory Council and the DSWD shall
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promulgate the implementing rules and regulations as may be necessary to 
ensure the efficient and effective implementation of this Act, in consultation with 
other stakeholders including NGOs or peoples organizations for the out-of-school 
youth duly accredited by the DSWD.
Sec. 30. Appropriations. -  The necessary appropriations for the initial 
implementation of this Act shall be appropriated from any available funds from 
the National Treasury. Thereafter, any sums as may be needed for the continued 
implementation of this Act shall be included in the annual General Appropriations 
Act of the respective agencies.
Sec. 31. Separability Clause. -  Should any part of this Act be declared 
invalid or unconstitutional, the rest of the provisions of this Act not affected shall 
continue to be in effect and subsisting.
Sec. 32. Repealing Cause. -  The provisions of other laws, decrees, 
executive orders, rules and regulations inconsistent with this Act are hereby 
repealed, amended or modified accordingly.
Sec. 33. Effectivity Cause. -  This Act shall take effect fifteen (15) days 
after its publication in the Official Gazette or in at least two (2) newspapers of 
general circulation.
Approved,
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