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First Regular Session

HOUSE BILL NO. 2412

Introduced by Rep. Precious Hipolito Castelo

EXPLANATORY NOTE

Data over the years suggest that there is an increasing trend in the number of Overseas
Filipino Workers (OFWs) being deployed.’ Further, OFW remittances have steadily
increased. In 1990, the yearly remittances reached the one billion US dollar mark and 24
years later or in 2014, had increased to 24 billion US dollars, constituting ten percent (10%)
of the country’s Gross Domestic Product. Thus, although the OFW program was meant to be
a temporary measure to address the labor crisis in the 1970s, it has now become a major
feature of our economy, such that OFWs have been declared as bagong bayani or modem-
day heroes for keeping our economy afloat in times of financial crisis.

It is worth noting that under the current system, several agencies and offices are tasked to
handle the various concerns of OFWs. Aside from the DFA, OFWs and their families also
have to deal with the Department of Labor and Employment (DOLE) and its attached
agencies, the Philippine Overseas Employment Administration (POEA) and the Overseas
Workers and Welfare Administration (OWWA). This often confuses our OFWs as to which
agency has jurisdiction over their particular concerns.

This bill seeks to address this anomaly by creating a Department of Overseas Filipino
Workers (DOFW) to be the single government agency that would provide a unified and
coordinated service to OFWs from deployment to repatriation. Moreover, this proposal also
seeks to protect and strengthen the OFW families who often suffer from broken marriages,
drug addiction, and other psychological problems brought about by long separation of OFWs
with their families. By establishing OFW Family Centers that shall provide welfare assistance
and counselling services to the families of OFWs, it is hoped that this bill will help solve or at
least ease these problems attendant to overseas employment.

In view of the foregoing, immediate consideration and passage of this bill is earnestly
sought.

* Philippine Statistics Authority. 2015 Survey on Overseas Filipinos. https://psa.gov.phicontent/2015-
survey-overseas-filipinos-O


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2412

Introduced by Rep. Precious Hipolito Castelo

AN ACT
CREATING THE DEPARTMENT OF OVERSEAS FILIPINO WORKERS, DEFINING ITS
POWERS AND FUNCTIONS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES

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

CHAPTER!
GENERAL PROVISIONS

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

SEC. 2. Declaration of Policy. — It is the policy of the State to afford full protection to
labor, local and overseas, organized and unorganized, and promote full employment and
equal employment opportunities for all. Pursuant thereto, the State shall provide adequate
and timely social, economic, and legal services to Filipino migrant workers to ensure that
their welfare is promoted.

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 overseas employment program rests solely on the assurance
that the dignity and fundamental human rights and freedoms of all Filipino migrant workers
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.

‘SEC. 3. Definition of Terms. - The following terms, as used in this Act, shall mean:

a) “Act refers to the “Department of Overseas Filipino Workers (DOFW) Act";

b) “Bona fide Non-Government Organizations (NGOs)" refers to non-government or
civil society or faith-based organizations duly recognized by the Philippine
Embassy as active partners of the Philippine Government in the protection of
Filipino migrant workers and the promotion of their welfare;

c) “Contracted Workers" refers to Filipino workers with employment contracts
already approved by the Department for overseas deployment;


d) “Left-Behind Households” means families left behind by OFWs to work abroad;
and

e) “Migrant Worker” refers to a person who is to be engaged, is engaged, or has
been engaged in a remunerated activity in a state of which he or she is not a
legal resident, to be used interchangeably with Overseas Filipino Worker (OFW).

SEC. 4. Interpretation. — In interpreting the provisions of this Act, including its
implementing rules and regulations, the courts shall have due regard to the policy of the law
in favor of labor.

SEC. 5. Creation of Department of Overseas Filipino Workers. — There is hereby
created the Department of Overseas Filipino Workers, hereinafter referred to as the
Department, which shall prepare, integrate, coordinate, supervise and control all plans,
programs, projects, and activities of the Government relative to overseas employment.

SEC. 6. Mandate. - The Department shall be the primary policy-making,
programming, coordinating and administrative entity of the Executive Branch of the
government in the field of overseas labor and employment. It shall formulate and undertake
a systematic program for promoting the welfare of OFWs and monitoring their overseas
employment, taking into consideration domestic manpower requirements and the need to
protect their rights to fair and equitable employment practices.

SEC. 7. Powers and Functions. - The Department shall assume the powers and
functions of the Philippine Overseas and Employment Administration (POEA), the Overseas
Workers Welfare Administration (OWWA), and other government offices dealing with
‘overseas employment, such as the Office of the Undersecretary for Migrant Workers Affairs
in the Department of Foreign Affairs, the Commission on Filipinos Overseas under the Office
of the President, and the Philippine Overseas Labor Office under the Department of Labor
and Employment.

SEC. 8. Organizational Structure. — The Department shall consist of the Office of the
Secretary, and Undersecretaries and Assistant Secretaries, the Services, and the Regional
Offices. The Secretary, Undersecretaries and Assistant Secretaries shall be appointed by
the President.

CHAPTER Il
DEPARTMENT PROPER

SEC. 9. Office of the Secretary. - The Office of the Secretary shall consist of the
Secretary and his immediate staff.

SEC. 10. Undersecretary. — The Secretary shall be assisted by at least four (4) but
not more than six (8) Undersecretaries who shall be appointed by the President. The
Secretary is hereby authorized to delineate and assign the respective functional areas of
responsibility of the Undersecretaries.

SEC. 11. Assistant Secretaries. - The Secretary shall likewise be assisted by not
more than four (4) Assistant Secretaries who shall be appointed by the President upon the
recommendation of the Secretary. The Secretary is hereby authorized to delineate and
assign the respective areas of functional responsibility of the Assistant Secretaries. Within
his functional responsibility, the Assistant Secretary shall assist the Secretary and
Undersecretaries in the formulation, determination and implementation of laws, policies,


plans, programs and projects on Overseas Filipino Workers and shall oversee the day-to-
day administration and supervision of the constituent units of the Department.

a)

b)

°)

d

e)

9)

SEC. 12. Department Services. - The Department shall have the following services:

Planning Service - The Planning Service shall provide the Department with efficient,
effective, and economical services relating to planning, programming, project
development and evaluation, and the development and implementation of a
management information system.

Administrative Service — The Administrative Service shall provide the Department
with efficient, effective, and economical services relating to records, management,
supplies, equipment, collections, disbursements, building administration and
maintenance, security and custodial work.

Human Resource Development Service - The Human resource Development
Service shall provide the Department with a program and corresponding projects that
shall make available training, education and development opportunities needed to
upgrade the levels of competence and productivity of Department managers and
personnel.

Financial Management Service - The Financial Management Service shall be
responsible for providing the Department with efficient, effective and economical
services relating to budgetary, financial, management improvement and internal
control matters.

Legal Service - The Legal Service shall provide legal advice and service to
Department officers and employees, prepare informative or clarificatory opinions on
laws, rules and regulations related to overseas labor for uniform interpretation
thereof, answer legal queries from the public, assist the Office of the Solicitor
General in suits involving the Department or its officers of employees or act as their
principal counsel in all actions taken in their official capacity or other causes before
judicial or administrative bodies.

Intemational Labor Affairs Service — The International Labor Affairs Service shall be
responsible for monitoring the observance and implementation of all obligations,
courtesies, and facilities required by intemational labor affairs, and related
intemational labor standards and agreements reached in various international labor
forums, treaties, and other multilateral, bilateral, or multi-bilateral agreements in the
area of labor and employment, provide staff support and policy guidelines to the
Secretary in the supervision, monitoring and reporting of the activities of the
Philippine overseas labor officers assigned in different countries, serve as the
instrumentality of the Department for technical cooperation, programs and activities
with other countries and international institutions.

Information and Publication Service — The Information and Publication Service shall
be responsible for rapport and understanding between the Department and the public
through the development of public relations programs and the dissemination of
accurate and updated information on overseas labor and employment, by means of
Publications and media coverage of special events and related matters on the
Department's policies, plans, programs, and projects; likewise, it shall be responsible
for providing answers to queries from the public regarding the Department's policies,
rules, regulations, programs, activities and services.


The Congressional Oversight Committee shall be in existence for a period of five (5)
years, and thereafter, its oversight functions shall be exercised by the Senate Committee on
Labor, Employment and Human Resources Development and the House Committee on
Overseas Workers Affairs acting separately

CHAPTER IV
TRANSITORY PROVISIONS

SEC. 16. Transfer of Rights, Assets, and Liabilities. - The Department shall, by virtue
of this Act, be subrogated to all rights and assume all the liabilities of OWWA and POEA and
all other agencies of government units whose functions and powers have been transferred to
the Department. All funds, including unexpended appropriations and/or allocations, records,
property, assets, and such personnel as necessary, shall likewise be transferred to the
Department. All contracts and liabilities of said offices, agencies, and government units are
hereby transferred to and assumed by the Department and shall be acted upon in
accordance with the Auditing Code and other pertinent laws, rules, and regulations.

SEC. 17. Absorption of Employees of the Consolidated Agencies. — As far as
practicable, the officers and employees of the OWWA, POEA, and all other agencies or
government units shall be absorbed by the Department, in accordance with its organizational
structure and staffing pattem to be determined by the Secretary as provided in the
immediately succeeding section

SEC. 18. Organizational Structure and Staffing Patter. - The organizational
structure and staffing pattern of the Department shall be determined by the Secretary, in
consultation with the Department of Budget and Management (DBM), within sixty (60) days
after the approval of this Act. In filling the authorized positions created therein, preference
shall be given to the personnel of the affected agencies.

SEC. 19. Separation from Service. - Employees separated from the service as a
result of this reorganization shall, within six (8) months from their separation from the
service, receive the retirement benefits to which they may be entitled under existing laws,
rules, and regulations.

CHAPTER V
APPROPRIATION

SEC. 20. Appropriations. - The amount necessary for the initial implementation of
this Act shall be taken from the current fiscal year appropriations of the OWWA, POEA, and
pertinent offices of the DOLE and the DFA. Thereafter, the amount needed for the operation
and maintenance of the Department shall be included in the annual General Appropriations
Act.

CHAPTER VI
FINAL PROVISIONS

SEC. 21. Implementing Rules and Regulations. — Within ninety (90) days from the
promulgation of this Act, the Department of Labor and Employment shall formulate rules and
regulations as may be necessary for the proper implementation of this Act.

SEC. 22. Separability Clause. — If any provision or part hereof is held invalid or
unconstitutional, the remainder of the provision not otherwise affected shall remain valid and
subsisting.


SEC. 23. Repealing Clause. — Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent
with, the provisions of this Act is hereby repealed, modified or amended accordingly.

SEC. 24. Effectivity. - This Act shall take effect after fifteen (15) days following its
publication in at least two (2) newspapers of general circulation.

Approved,