Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.__5256

Introduced by
Rep. RAYMOND DEMOCRITO C. MENDOZA
TUCP Partylist

EXPLANATORY NOTE

The social cost of overseas employment is enormous. We are constantly
bombarded by its perils with continuing reports of abuses, brutality, hardships, and deaths
of Overseas Filipino Workers (OFWs), and various forms of victimization while slaving in
a foreign land. At home, we have seen the disintegration of families and the effect on
children of growing up with the love, care, and presence of one or both parents being
‘substituted by material things. Brain drain and skills drain, as recently felt in the
implementation of Build, Build, Build, cannot be overemphasized.

The close to $30 billion US dollars remittances that the estimated 2.3 million OFWs
and about 100,000 more Filipinos abroad pump yearly into the economy cannot
compensate for the social cost. Hence, State policy on overseas employment has
evolved from a “stop gap employment measure” in the 70s to regulations and
management in the 90s as institutionalized in Section 2(c) of Republic Act No. 8042 or
the “Migrant Workers and Overseas Filipinos Act of 1995," as amended by Republic Act
Nos. 9422 and 10022, and has remained unchanged over the years, it provides:

While recognizing the significant contribution of Filipino migrant workers to the national
economy through their foreign exchange remittances, 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
citizen shall not, at any time, be compromised or violated. The State, therefore, shall
continuously create_local_emy nities and promote the equitable
distribution of wealth and the benefits of development, (underscoring supplied)

Philippine labor policy does not encourage the deployment of Filipino workers
overseas. Nonetheless, it recognizes that overseas work is a choice that is available to
all Filipinos. But that policy is perceived as pure “lip service” given the context of the
continuing lack of decent jobs in the domestic market. The current unemployment and
underemployment rates are at 5.2% and 15.6% respectively’, indicative that for many
Filipinos there is no choice but to seek employment abroad.

The purpose of this proposed legislation is therefore to address the entire policy,
regulatory, and operational cycle that workers confront, from recruitment to deployment,
placement and assistance, to their possible repatriation and national reintegration, as


they enter the frequently dangerous and occasionally fatal world of overseas
employment.

Philippine policies and programs on overseas employment are in place. In fact, the
World Bank, in 2017, has recognized that the Philippines has a highly-developed support
system for migrant labor and can serve as a model for other countries. The Trade Union
Congress of the Philippines (TUCP) has in fact been consistently part of the process of
policy formulation as borne out by discussion documents including in the framing of
multilateral framework agreements and international conventions on migrant workers, the
most recent being ILO Convention No. 189 or the Convention on Domestic Workers.

Republic Act No. 8042 or the “Migrant Workers and Overseas Filipinos Act of
1995,” as amended by Republic Act Nos. 9422 and 10022, and recently by Republic Act
No. 11299 or the Social Welfare Attache Act, already institutionalized the policies on
overseas employment and high standard of protection and promotion of the welfare of
migrant workers, their families and overseas Filipinos in distress.

But despite the recognition in management of labor migration with the involvement
Of tripartite stakeholders, there are policy and administrative gaps and an urgent need to
strengthen the system for fast and efficient delivery of services and execution of programs
and plans. There is also a need for additional appropriations to fill up those gaps.

One area of discontent is the slow and insufficient response of government to the
immediate needs of OFWs and their families. They are being made to “chase papers”
from one agency to another. Further, we note issues with respect to the lack of manpower
complement to take on the broad mandate in overseas employment. The absence of a
single national agency on overseas employment is a glaring concern despite the inter-
agency coordination and the “one country, one team approach” at the embassies abroad.
Currently, overseas employment programs and services are “ad hoc” or being tucked in
or are piggy-backing on the mandates of several government agencies, the main being
the Department of Labor and Employment (DOLE) and the Department of Foreign Affairs
(OFA).

Fast, efficient and seamless coordination in the protection of rights and delivery of
welfare and legal services is the clamor of the OFWs and their families. There is also a
need for proactive programs, including circulation-friendly visa policies and incentives, to
encourage circular and return migration and reintegration into the country of overseas
Filipinos for transfer of capital, skills and technology.

Hence, to provide prompt and bundled services and assistance to OFWs, their
families and Filipinos overseas, and to integrate programs for coherent and complete
migration and development cycle, this Bill proposes to elevate the Philippine Overseas
Employment Administration (POEA) to become the backbone of the new Department of
Overseas Filipinos with regional and provincial structures, integrating therein for the
purpose the DOLE International Labor Affairs Bureau (ILAB) including all the Philippine
Overseas Labor Offices (POLOs); National Reintegration Center for OFWs (NRCO); and
the DFA Office of the Legal Assistant for Migrant Workers Affairs (OLAMWA).


The Overseas Workers Welfare Administration (OWWA) being a holder in trust of
the funds of the overseas Filipino workers, should remain as is based on its new charter,
and therefore should be an attached agency except with respect to the NRCO, which
shall be transferred to the new Department. The Commission on Filipinos Overseas
(CFO) under the Office of the President, shall be attached to the Department including
the National Maritime Polytechnic (NMP), which is currently an attached agency of the
DOLE.

The proposed law also seeks to institutionalize the industry tripartite councils
namely, the Maritime Industry Tripartite Council (MTC) and the Overseas Landbased
Tripartite Consultative Council (LTCC) and creates a Migration and Development Inter-
agency Council. It also requires a deliberate plan for development and assistance to
ino seafarers overseas to enhance the country’s competitive advantage in the
international maritime sector.

The enactment of this Bill is earnestly sought as it captures the need for a single
department for Overseas Filipinos with restraint not to create a top heavy bureaucratic
behemoth.

RAY! RITO C. MENDOZA


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILLNO.___5255

Introduced by
Rep. RAYMOND DEMOCRITO C. MENDOZA
TUCP Partylist

AN ACT
UPGRADING THE PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION
INTO DEPARTMENT OF OVERSEAS FILIPINOS, REVISING AND
CONSOLIDATING FOR THE PURPOSE EXECUTIVE ORDER NO. 247, SERIES
OF 1987, SECTIONS 2, 3, 19, 23 (b) and (b1) OF REPUBLIC ACT NO. 8042,
OTHERWISE KNOWN AS THE MIGRANT WORKERS AND OVERSEAS
FILIPINOS ACT OF 1995, AS AMENDED BY REPUBLIC ACT NO. 9422,
REPUBLIC ACT NO. 10022 AND REPUBLIC ACT NO. 11299, APPROPRIATING
FUNDS THEREFOR, AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as the "Department of Overseas
Filipinos Act of 2019."

SECTION 2. Section 2 of Republic Act. No. 8042, as amended, otherwise known as
the “Migrant Workers and Overseas Filipinos Act of 1995," is hereby adopted with
modification, and the Declaration of Policy on Overseas Employment shall read as
follows:

“SECTION 2. Declaration of Policy. —

(@) In the pursuit of an independent foreign policy and while considering
national 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


(b)

©

@)

)

@)

(y)

endeavor to enter into bilateral agreements with countries hosting
overseas Filipino workers.

The State shall afford full protection to labor, local and overseas,
organized and unorganized, and promote full employment and equality of
employment opportunities for all Filipinos. Towards this end, the State
shall promote in the country the preferential use of Filipino labor and shall
ensure measures for adequate and timely social, economic and legal
services to Filipino workers overseas.

While recognizing the significant contribution of Filipino migrant workers to
the national economy through their foreign exchange remittances, 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 citizen
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.

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.

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 interest of distressed overseas Filipinos, in general,
and Filipino migrant workers, in particular, whether regular/documented or
irregular/undocumented, are adequately protected and safeguarded.

The right of Filipino migrant workers and 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.

The State recognizes that the most effective tool for empowerment is the
possession of skills by migrant workers. The government shalll provide
them free and accessible skills development and enhancement programs.
Pursuant to this and as soon as practicable, the government shall deploy
and/or allow the deployment only of skilled Filipino workers.

The State recognizes non-governmental organizations, trade unions,
workers associations, stakeholders and their similar entities duly
recognized as legitimate, are partners of the State in the protection of
Filipino migrant workers and in the promotion of their welfare. The State

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@

shall cooperate with them in a spirit of trust and mutual respect. The
significant contribution of recruitment and manning agencies shall from
part this partnership.

Government services and recruitment, introduction, placement and
assistance to migrant workers shall be rendered free.

SECTION 3. Section 3 of Republic Act. No. 8042, as amended, otherwise known as
the "Migrant Workers and Overseas Filipinos Act of 1995," is hereby amended, and
the Definition of Terms shall read as follows:

“SECTION 3. Definition of Terms. — The following terms, as used in this Act, shall

mean

(@)

(b)

©

@)

@)

“Authority” refers to a document issued by the Secretary authorizing the
officers, personnel, agents oor representatives of licensed
recruitment/manning agency to conduct recruitment and placement
activities as a private recruitment entity.

“Iregular/Undocumented Filipino Migrant Workers” refer to any of the
following:

1. Those who have acquired Philippine passports through fraud or
misrepresentation;

Those who possess expired visas or permits to stay;

Those without valid and authentic travel documents;

Those who have valid but inappropriate visas;

Those whose employment contracts were not approved by the
Department; and,

Those who are victims of trafficking in persons.

2 gapon

“License” refers to the document issued by the Secretary authorizing a
Person, partnership or corporation to operate a private
recruitment/manning agency.

‘Manning Agency’ refers to any person, partnership or corporation duly
licensed by the Secretary to engage in the recruitment and placement of
seafarers for ships plying intemational waters and for related maritime
activities with a view of deriving pecuniary or material advantage within
the limits allowed by law and/or existing rules and regulations.

“Private Recruitment Agency” refers to any person, partnership or
corporation duly licensed by the Secretary to engage in the recruitment
and placement of workers for overseas employment with a view of
deriving any pecuniary or material advantage within the limits allowed by
law and/or existing rules and regulations.

“Overseas employment” refers to employment of a worker outside the

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Philippines.

(9) “Overseas Filipinos” refer to migrant workers, other Filipino nationals, and
their dependents abroad including permanent residents that have
‘successfully applied for dual citizenship.

(h) ‘Overseas Filipino Worker or Migrant Worker” refers to a Filipino who is to
be engaged, is engaged, or has been engaged in remunerative activity in
a state of which he or she is not a citizen, or on board a vessel navigating
the foreign seas other than a government ship used for military or non-
commercial purposes, or on an installation located offshore or on the high
seas. A “person engaged in a remunerated activity’ refers to an applicant
worker who has been promised or assured employment overseas.

()  ‘Regular/Documented Migrant Workers” refer to the following:

1. Those who possess valid passports and appropriate visas or permits to
stay and work in the receiving country; and,

2. Those whose employment contracts were validated, processed and
approved by the Department.

@) “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.”

SECTION 4. Upgrading the Philippine Overseas Employment Administration into
Department of Overseas Fillpinos. - The Philippine Overseas Employment
Administration is hereby upgraded into Department of Overseas Filipinos, hereinafter
referred to as the Department.

SECTION 5. Mandate. - The Department shall be the primary policy, planning,
Coordinating, implementing, and administrative entity of the executive branch of the
government in ensuring the effective implementation of State policies on overseas
employment and development, migration regulations and wholistic management of
overseas employment vis-a-vis its strategic role in the overall national economic
development to create, sustain, and strengthen local employment and decent work
within the country's borders.

SECTION 6. The provisions of Section 23 (b-1) of Republic Act. No. 8042, as
amended, otherwise known as the "Migrant Workers and Overseas Filipinos Act of
1995," is hereby integrated with modification, and the powers and functions of the
Department shall read as follows:

“SECTION 6. Powers and Functions. - The Department shall have the following
Powers and responsibilities:


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(a)

(b)

(co)

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(h)

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Formulate and recommend national policies and guidelines and conduct
in-depth studies to ensure protection of all overseas Filipinos and address
perennial issues they face abroad, in consultation with all stakeholders;

Assess, review, harmonize and coordinate all overseas Filipinos-related
policies and services, and develop fast, efficient and seamless action on
protection of rights and delivery of welfare and legal services to overseas
Filipino workers and their families especially in times of natural calamities,
war and civil unrest;

Promote, advance and implement policies and programs providing
incentives on transfer of capital, skills and technology by overseas Filipino
workers and Filipinos abroad and their families to encourage return
migration and reintegration in the country;

Develop, implement and improve bilateral or multilateral agreements with
receiving countries on protection and exercise of fundamental principles
and rights at work of overseas Filipino workers;

Represent and negotiate for Philippine interest on matters pertaining to
overseas Filipino affairs in intemational bodies and to ensure consistency
of national policies with ratified international conventions and agreements;

Regulate and manage overseas employment from the pre-employment
stage, securing the best possible employment terms and conditions
consistent with the internationally accepted principles of decent work, safe
and orderly migration for overseas Filipino workers, and taking into
consideration the needs of vulnerable sectors and the peculiarities of sea-
based and land-based workers;

Set-up a licensing and registration system ensuring compliance with
ethical recruitment standards, in line with international conventions on
Overseas employment, for the protection of the rights and welfare of
overseas Filipino workers;

Regulate private sector participation in the recruitment and overseas
it of workers and provide incentives in partnership and close
coordination with various stakeholders and relevant government agencies;

It shall not engage in the recruitment and placement of overseas workers
‘except on a goverment-to-govemment arrangement only;

Ensure that deployment of Filipino workers overseas shall only be to
countries where the Philippines has concluded bilateral labor agreements
or arrangements: Provided, That such countries shall guarantee to protect
the rights of Filipino migrant workers; and Provided, further, That such
countries shall observe and/or comply with the international laws and
standards for migrant workers;


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(k)

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(m)

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(s)

()

(y)

Promote knowledge, information and resource sharing, and develop a
database to assist overseas Filipinos anywhere in the world;

Ensure fast and efficient repatriation system for timely assistance and
services to overseas Filipino workers in distress under the one-country,
team approach;

Ensure the existence and operation of an effective, substantial and
sustainable reintegration program for returning overseas Filipinos;

Establish community-based OFW Family Support Services to include
Promotion of financial literacy, value formation, skills training and
‘sustainable livelihood development;

Promote and develop, through joint undertaking with concemed agencies
Particularly MARINA, TESDA, CHED and DepED, in the training of
Overseas Filipino workers to acquire world class skills set and
competencies;

Enhance the employability and competitiveness of Filipino seafarers in the
domestic and intemational labor market and come up with a deliberate
Plan for development and assistance to Filipino seafarers overseas to
enhance the country’s competitive advantage in the intemational maritime
‘sector.

In appropriate cases as provided in the guidelines that shall be issued by
the Department, it shall suspend, cancel or allow the lifting of suspension
of erring recruitmentimanning agencies upon the payment of a fine as
determined by the Secretary, which shall not be below ONE HUNDRED
FIFTY THOUSAND PESOS (P150,000.00) for every month of
suspension. At least 50% of the fines shall be utilized for research
services, legal services, skills development, as well as the reintegration of
‘overseas Filipino workers;

Strengthen and intensify anti-illegal recruitment and anti-trafficking
advocacy and prosecution in partnership with other law-enforcement
agencies;

Inform migrant workers not only of their rights as workers but also of their
rights as human beings, instruct and guide the workers how to assert their
rights and provide the available mechanism to redress violation of their
rights through a comprehensive Pre-Employment Orientation Seminars
(PEOS) that will discuss topics such as prevention of illegal recruitment
and gender-sensitivity.

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

Administer, accept, hold and utilize property, both personal and real,
subject to limitations by existing laws, for the purpose of assisting of

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expediting the work of the Department; and

(v) To perform such other functions, as may be needed to achieve the
policies and objectives provided under this Act.

SECTION 7. Composition. - The Department shall be headed by a Secretary who
shall be assisted by three (3) Undersecretaries and four (4) Assistant Secretaries. All
shall be appointed by the President and the appointment of the Secretary shall be
subject to confirmation by the Commission on Appointments.

SECTION 8. Exercise of Powers and Functions. - The Secretary shall exercise
general administrative, executive, and policy-making functions and adjudicatory
Powers. Further, the Secretary shall exercise supervision over the entire operations
of the Department, extend advice to the President on the promulgation of executive
and administrative orders and regulatory and legislative proposals on matters
pertaining to overseas Filipino and exercise such other powers and functions as may
be provided by law or assigned by the President.

SECTION 9. Undersecretaries. - The Secretary shall be assisted by three (3)
undersecretaries, who shall be appointed by the President upon the
recommendation of the Secretary. All undersecretaries shall be career officers with
at least six (6) years of experience in government service managing overseas
employment, migration, repatriation and reintegration. The undersecretaries shall
aid the Secretary in the performance of his/her operational duties and shall perform
‘such other functions as may be directed by the Secretary.

SECTION 10. Assistant Secretaries. - The Secretary shall be assisted by four (4)
assistant secretaries who shall be career officers with at least six (6) years of
experience in managing overseas employment, migration, repatriation and
reintegration, landbased workers concerns and seabased workers concems. Alll shall
be appointed by the President upon the recommendation of the Secretary.

SECTION 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,
competence and expertise in the field of migration and development.

SECTION 12. Department Services and Bureaus. - The Department shall have
Department Services which shall include the Planning Service, the Financial and
Management Service, the Administrative Service, ICT Service, intemal Audit
Service, Legal Service, Information and Publication Service, Records and
Management Service, Human Resource Development Service, Policy and Labor
Market Research Service, Legislative Liaison Service and such other service as. may
be necessary.


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SECTION 13. Department Line and Staff Bureaus. - The Department shall have
staff and line bureaus, which shall include Bilateral/Multilateral Agreements
Development, Implementation and Monitoring Bureau; Bureau of Skills Development
for Overseas Employment with Seabased and Landbased Divisions; Workers’
Education Bureau; Accreditation Bureau; Employment Contracts and Workers
Documentation Bureau; Inspection, Regulation and Monitoring Bureau; Licensing of
Recruitment and Manning Agencies Bureau with Seabased and Landbased
Divisions; Prosecution and Adjudication Bureau; Anti-lilegal Recruitment Bureau;
Intemational Labor Affairs Bureau; Legal Assistance for Migrant Workers’ Bureau:
Repatriation Bureau and such other Bureau as may be necessary,

SECTION 14. Regional Offices and Provincial or Field Offices. - The Department
shall establish, operate, and maintain a regional, as well as provincial or field office
as may be necessary, in the different administrative regions of the country. Each
regional office shall be headed by a Regional Director, who shall be assisted by one
(1) Assistant Regional Director. The Regional Director and Assistant Regional
Director shall be appointed by the President, career officers and with at least three
(3) years of proven experience in field operations. The regional offices shall have,
within their respective administrative regions, the following functions:

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

(0) Provide efficient and effective service to program beneficiaries and all
stakeholders;

(c) Coordinate with regional offices of other departments, offices, and
agencies,

(d) Coordinate with the LGUs; and

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

SECTION 15. Attached Agencies. - The following agencies shall be attached to the
Department for policy and program coordination, and shall continue to function in
accordance with its charter, unless inconsistent with the substance and spirit of this
Act:

(@) Overseas Workers’ Welfare Administration (OWWA). The Trust Fund
held by OWWA shall be distinct and separate from any other funds
allocated to the Department; the utilization of the OWWA Trust Fund must
strictly adhere to safeguards provided for in its Charter and as resolved by
the Board of Trustees through Board resolutions that are accessible to the
public. The OWWA Board however, is mandated under this Act to
Present a study or conversion plan on its transformation into a Provident


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Fund for OFWs within five years from the passage of this Act.

(b) Commission on Overseas Filipinos (CFO). The CFO consistent with its
mandate, shall primarily be the Department's arm in promoting and
upholding the interests, rights and welfare of overseas Fil
families, and strengthening their ties with the mothertand.

(©) National Maritime Polytechnic (NMP). The NMP consistent with its
mandate, shall primarily be the Department's arm in the enhancement of
the employability and competitiveness of Filipino seafarers in the domestic
and intemational labor market by offering specialization and upgrading of
courses for both licensed officers and ratings and conducting researches
and studies on the latest maritime technologies and other related matters
for the maritime industry.

SECTION 16. Transfer of Bureaus, Offices and Agencies. - The following bureaus,
units, offices and agencies are hereby transferred and integrated from their
respective departments (as shown in parenthesis) to the Department.

(a) International Labor Affairs Bureau (ILAB), including all Philippine Overseas
Labor Offices, with direct supervision over Labor Attaches and Welfare
Officers and the Filipino Workers Resource Centers

(b) National Reintegration Center for OFWs (OWWA), and shall continue to
Carry out its mandate as provided under Republic Act No. 10801

(C)_ Office of Legal Assistant for Migrant Workers Affairs (OLAMWA-DFA)

SECTION 17. Transition of Bureaus, Offices and Agencies. — The laws and rules on
government reorganization as provided for in Republic Act No. 6656, otherwise
known as the Reorganization Law, shall govern the reorganization process of the
Department.

Employees separated from the service as a result of this reorganization shall, within
ninety (90) days therefrom, receive the retirement benefits to which they may be
entitled under existing laws, rules, and regulations.

SECTION 18. Structure and Staffing Patter. - The Department shall determine its
organizational structure 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 Service law, rules, and regulations.

SECTION 19. Tripartite Councils and Industry Working Group. - The Maritime
Industry Tripartite Council (MITC), currently lodged with the Department of Labor and
Employment, shall be transferred and integrated to the Department along with the
Overseas Landbased Tripartite Consultative Council (LTCC) of the Philippine
Overseas Employment Administration, to serve as sectoral consultative Governing

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Boards and a continuing forum for tripartite advisement and consultation with the
industry stakeholders on policies and programs. The tripartite councils shall be
chaired by the Department Secretary and the sectoral representatives shall be
appointed by the President. These councils shall have a permanent Secretariat.

Specific to the MITC, in addition to its existing mandate, it shall:

(a) Coordinate, formulate and monitor the implementation of policies
regulating and supervising the activities of agents or representatives of
shipping companies in the hiring of Filipino seafarers for overseas
employment and secure the best possible terms for these workers;

(b) Set standards for training and certification in compliance with international
conventions and obligations;

(©) Develop a deliberate plan for development and assistance to Filipino
seafarers overseas to enhance the country’s competitive advantage in the
intemational maritime sector,

(a) Create a career development program from cadetship to chief engineer or
master mariner, in partnership with the private sector and maritime
experts; and,

(e) Monitor the implementation of relevant provisions ILO Convention 108 as
amended by ILO Convention 185 to include the issuance of seafarers’
identity documents and MLC, 2006.

Additionally, the Department may create tripartite sectoral, industry, and/or
geographic task forces, technical working groups, or committees in furtherance of its
Mandate and objectives. Representatives of private recruitment and manning
agencies, trade union organizations, OFWs organizations and other stakeholders
may be designated members upon endorsement of their respective sectors or
organizations, subject to organizational recall of representation. The members of the
councils herein shall not receive any compensation but shall be provided per diem at
rates allowed under existing laws, rules, and regulations.

SECTION 20. Migration and Development Inter-Agency Council. - An inter-agency
coordinating Council on Migration and Development, is hereby established and shall
be composed of the following departments:

(@) National Economic Development Authority (NEDA)

(b) Department of Overseas Filipinos (DOF);

(C) Department of Foreign Affairs (DFA);

(@) Department of Labor and Employment (DOLE);

(e) Department of Justice (DOJ);

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(Department of Trade and Industry (DTI);
(9) Department of Social Welfare and Development (DSWD);

(h) Department of the Interior and Local Government (DILG);

(i) Department of Health (DOH);

@ Department of Agriculture (DA);

(k) Department of Education (DepEd);

(1) Technical Education and Skills Development Authority (TESDA);
(m) Commission on Higher Education (CHED);

(n) Maritime Industry Authority (MARINA) of the Department of Transportation
in relation to training, certification, standard setting and monitoring
conceming international seafarers

The Migration and Development Inter-Agency Council shall formulate the country's
migration and development policies and program. It shall develop and implement
incentive schemes for retuming skilled and professional overseas Filipino workers to
stay and invest in the country and encourage overseas Filipinos to return and help in
national development. Programs similar to “Balik Scientist Program’ and “Sa Pinas,
Ikaw ang Ma'am at Sir" shall also be developed to encourage Filipino ship captains
and other ranks and other professions to participate in the development and
enhancement of the country’s domestic and overseas seafaring industry as well as
other industries in the Philippines.

The Council will develop an agenda in support of the Principles of Fair Recruitment
and the Global Compact on Safe and Orderly Migration. It will look into Public-
Private Partnerships to advance technology transfer, brain gain, and hamess the
untapped potential of returning Filipino Migrants.

The Council shall submit appropriate recommendations to the Office of the President
and Congress on policies that would address gaps and urgent concems, including a
seven-year roadmap to reduce the deployment of overseas workers at risk.

Moreover, death row cases involving blood money, terrorism, drug-trafficking, human
trafficking as well as large-scale illegal recruitment cases involving Filipino workers,
and urgent cases involving overseas workers, or their families left behind that require
humanitarian assistance shall fall under the purview of this Inter-Agency Council with
appropriate recommendations for the consideration of the Office of the President.
The Council shall be supported by a permanent Secretariat.


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SECTION 21. Membership in Inter-Agency Councils. - The Department shall
automatically be a member of the Inter-Agency Council Against Trafficking (|ACAT)
and such other existing inter-agency councils on overseas Filipinos.

SECTION 22. The provisions of Section 19 of Republic Act. No. 8042, as amended,
otherwise known as the "Migrant Workers and Overseas Filipinos Act of 1995," is
hereby integrated with modification, and shall read as follows:

“SECTION 22. Establishment of Overseas Filipinos Malasakit Centers. - The
Department, in partnership with other government agencies, shall establish and/or
strengthen the following:

(a) One-Stop Service Centers for OFWs (OSSCO) shall be renamed One-
Stop Services for Overseas Filipinos Malasakit Centers. It shall be
established in all major capital towns and cities nationwide to ensure
prompt, efficient, vital and relevant services to migrant Filipinos and their
families to include passport and authentication services, acquisition of
government clearances and permits, validation of overseas job offers,
reintegration services and all pertinent seminars and workshops for all
‘stakeholders.

(b) Migrant Workers and other Overseas Filipinos Resource Center shall be
renamed Overseas Filipinos Malasakit Center. Within the premises and
under the administrative jurisdiction of the Philippine Overseas Labor
Office. In countries where there are no Philippine Overseas Labor Offices
but there are large concentrations of Filipino migrant workers, there shall
be established an Overseas Filipinos Malasakit Center with the following
services:

i. Counseling and legal services;

fi. Welfare assistance including the procurement of medical and
hospitalization services;

iii, Information, advisory and programs to promote social integration
such as post-arrival orientation, settlement and community
networking services and activities for social interaction;

iv. Institute a scheme of registration of undocumented workers to
bring them within the purview of this Act. For this purpose, the
Center is enjoined to compel existing undocumented workers to
register with it within six (6) months from the effectivity of this Act,
under pain of having his/her passport cancelled;

v. Human resource development, such as training and skills
upgrading;

vi. Gender sensitive program and activities to assist particular needs

‘of women migrant workers;

Orientation program for returning worker and other migrants; and

Monitoring of daily situations, circumstances and activities

affecting migrant workers and other overseas Filipinos.

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The establishment and operations of the Center shall be a joint
undertaking of the various government agencies. The Center shall be
‘open for twenty-four (24) hours daily including Saturdays, Sundays and
holidays, and shall be staffed by Foreign Service personnel, service
attaches or officers who represent other Philippine government agencies
abroad and, if available, individual volunteers and bona fide non-
government organizations from the host countries. In countries
categorized as highly problematic by the Department of Foreign Affairs
and the Department of Overseas Filipinos and where there is a
concentration of Filipino migrant workers, the goverment must provide a
lawyer and a social worker for the Center. In addition to these personnel,
the government must also hire within the receiving country, in such
number as may be needed by the post, public relation officers or case
officers who are conversant, orally and in writing, with the local language,
laws, customs and practices. The Labor Attache shall coordinate the
operation of the Center and shall keep the Chief of Mission informed and
updated on all matters affecting it.

The Center shall have a counterpart 24-hour information and assistance
center at the Department and at the Department of Foreign Affairs to
ensure a continuous network and coordinative mechanism at the home
office."

SECTION 22. Special Assistance Revolving Fund. - A Special Assistance Revolving
Fund for Filipino Migrants, including both documented and undocumented, in the
amount of TWO BILLION PESOS (Php2,000,000,000.00) is hereby created.
Hereinafter referred to as the Special Assistance Fund for Filipino Migrants, the fund
shall be utilized for the following purposes:

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()

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(g)

(h)

Emergency repatriation;

Medical expenses, hospitalization, and purchase of medicines for
repatriated migrants with dreaded or severe diseases;

Immigration penalties for overstaying, indigent and ailing overseas Filipino
workers, as well as victims of human trafficking and illegal recruitment;

Legal assistance for labor cases involving ten or more Filipino workers;

Payment of blood money, when recommended by the Department, in
consultation with the DOJ and DFA;

Humanitarian assistance to families left behind, particularly in times of
Calamity;

Basic necessities of OFWs in embassy shelters or for those under
detention;

‘Scholarships for children of Filipinos overseas who are victims of injustice

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involving modem slavery, human rights violations, and political as well as
economic upheavals.

() Maintenance and operational expenses including capital outlay for the
establishment of One-Stop Services for Overseas Filipinos Malasakit
Centers in all regions including the central office of the Department.

SECTION 23. The provisions of Sections 4 to 14, 16, 21, 22, 23(a), (c) fo (e), 24 to
28, 31, 33, 34, 35, 37, 37-A and 37-B of Republic Act. No. 8042, as amended by
Republic Act Nos. 9422, 10022 and 11299, otherwise known as the "Migrant Workers and
Overseas Filipinos Act of 1995," are hereby declared valid and binding and shall remain in
full force and effect, and references to POEA or the Department of Labor and Employment
with respect to overseas Filipinos are deemed amended to refer to the Department of
Overseas Filipinos.

SECTION 24. Appropriations. - The appropriations of bureaus, agencies, and offices
identified in Sections 3 and 13 of this Act shall be transferred to the Department.
Provided, that the amount needed for the initial implementation of this Act shall be
taken from the current fiscal year's appropriation of the transferred agencies.
Thereafter, the amount needed for the operation and maintenance of the Department
including the Special Assistance Revolving Fund shall be included in the General
Appropriations Act.

The proceeds from the Documentary Stamp Tax (DST) accruing from dollar
remittances of overseas Filipinos, as determined by Congress, shall be used to
ensure the efficient and effective operations of OFW One-Stop Assistance Centers
throughout the country.

At least 50% of the fines as referred to in Section 6(q) of this Act shall be utilized for
research services, legal services, skills development, as well as the reintegration of
‘overseas Filipino workers.

SECTION 25. implementing Rules and Regulations. - The Technical Working
Group composed of representatives of the DOLE, DFA, DSWD, POEA, OWWA,
NRCO, CFO, and NMP, shall promulgate the necessary implementing rules and
regulations within one hundred and twenty (120) days from the effectivity of this Act.

SECTION 26. Separability Clause. - If any portion or provision of this Act is declared
unconstitutional or invalid, the remainder of this Act or any provisions hereof not
affected thereby shall continue to be in force and effect.

SECTION 27. Repealing Clause. - Any law, presidential decree or issuance,
executive order, letter of instruction, rule or regulation inconsistent or contrary to the
provisions of this Act is hereby repealed or modified accordingly.


676 SECTION 28. Effectivity. - This Act shall take effect after fifteen (15) days following
677 _ its complete publication in the Official Gazette or a newspaper of general circulation.
678

679 APPROVED,