EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
Second Regular Session
©tt:cf o( tijt:
SENATE
Introduced by SENATOR JOEL VILLANUEVA
AN ACT
CREATING THE DEPARTMENT OF OVERSEAS FILIPINOS, 
DEFINING ITS POWERS AND FUNCTIONS, RATIONALIZING THE 
ORGANIZATION AND FUNCTIONS OF GOVERNMENT AGENCIES 
RELATED TO OVERSEAS EMPLOYMENT AND MIGRATION, 
APPROPRIATING FUNDS THEREFOR, AND OTHER PURPOSES
EXPLANATORY NOTE
Mrs. X and Mrs. Y1 are proud mothers of seafaring cadets who were hired to 
work in a multi-national cargo shipping company. Unfortunately, on March 6, 2018, 
they received news that the vessel where their sons are working caught fire. 
Consequently, both cadets were deemed lost at sea. Upon hearing this news, both 
mothers went to Manila to seek assistance and news on the status of their children. 
Instead of getting immediate redress, they were shuttled from one office to another, 
until finally, after 21 days, they were told that one son has been identified, while the 
other remains missing.
Mrs. X and Mrs. Y are just two out of the hundreds of relatives of migrant workers 
who have experienced and are experiencing problems in coordinating with 
government agencies that are tasked to address the needs of overseas Filipinos and 
migrant workers. Sadly, this situation is also present in our Embassies abroad, where 
overseas Filipinos and migrant workers in distress are made to wait before they are 
given proper assistance by government officials at the Post.
This inefficiency in providing immediate assistance to overseas Filipinos and 
migrant workers here and abroad is largely credited to the numerous agencies in 
charge of addressing their concerns. Currently, the policies, programs and services 
for the welfare and protection of overseas Filipino workers and migrant workers are 
implemented by the Department of Labor and Employment (DOLE), Department of
1 Their names are deliberately omitted due to privacy concerns.


Foreign Affairs (DFA), Department of Social Welfare and Development (DSWD) and 
Commission on Filipinos Overseas (CFO), among others.
This bill seeks to address this inefficiency by mandating the establishment of a 
Department of Overseas Filipinos which will cater exclusively to all the needs of 
overseas Filipinos and migrant workers. This bill, dubbed as the “Administration Bill," 
was endorsed to our office by Cabinet Secretary Karlo B. Nograles in a letter dated 
September 15, 2020. Accordingly, this version consolidates the positions of DOLE, 
DFA, DSWD and Department of Budget and Management (DBM).2
Indeed, while the World Bank and the Asian Development Bank have recognized 
the Philippines for having a highly developed support system for migrant workers, and 
a model country for labor out-migration, there is an urgent need to improve the delivery 
of services and assistance to the more or less 10 million overseas Filipinos and 
migrant workers around the world.
Thus, the passage of this bill is earnestly sought.
SENATOI^OEL VILLANUEVA
2 We note, however, that the positions of the Department of Finance (DOF), National Economic Development Authority (NEDA), 
Commission on Filipino Overseas (CFO) and other related agencies were not included in this bill.


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
Second Regular Session
iBlhic of iljf £ir.-.i tor|-
20 SEP 23 P2 :25
SENATE
S. B. NO.1848
RtCLr.
Introduced by SENATOR JOEL VILLANUEVA
AN ACT
CREATING THE DEPARTMENT OF OVERSEAS FILIPINOS, 
DEFINING ITS POWERS AND FUNCTIONS, RATIONALIZING THE 
ORGANIZATION AND FUNCTIONS OF GOVERNMENT AGENCIES 
RELATED TO OVERSEAS EMPLOYMENT AND MIGRATION, 
APPROPRIATING FUNDS THEREFOR, AND OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Phiiippines in 
Congress assembied:
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SECTION 1. Short Title. - This Act shall be known as the “Department of Overseas Filipinos
Act of 2020.”
SEC. 2. Declaration of policies. -
a. 
It is the primordial duty of the State to protect the rights and promote the welfare and 
interest of Overseas Filipinos:
b. 
It is the duty of the State to uphold the dignity of labor and enhance its bargaining 
position in both domestic and international conditions. The State shall protect the welfare 
of all Filipinos, particularly those working and/or residing abroad, provide social 
protection and minimize the social costs of migration to their families at home, execute 
programs to sustain them when they return from abroad, and harness the robust 
contribution of Filipino communities outside of the country towards nation-building, 
utilizing a whole-of-government and whole-of-society approach;
c. 
While recognizing the significant contribution of Overseas Filipinos, including Overseas 
Filipino Workers (OFWs), to the national economy through their foreign exchange 
remittances and investments, the State does not promote overseas employment as a 
means to sustain economic growth and achieve national development. The State’s 
overseas employment program rests solely on the assurance that the dignity and human 
rights of OFWs shall neither be compromised nor violated. Towards this end, the State 
shall continually aim to make overseas employment a choice of last resort and not a 
necessity for every Filipino citizen;


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d. 
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 ail times, uphold the dignity 
of its citizens, whether in-country or overseas, continuously monitor bilateral agreements 
with countries of destination and international conventions in order to adopt or be a 
signatory to and ratify those agreements that guarantee protection to Overseas Filipinos:
e. 
The State shall afford full protection to Overseas Filipinos, including OFWs, promote full 
employment, ensure equal work opportunities regardless of sex, gender, race, creed or 
religion, monitor the relations between OFWs and their employers, and promote their 
welfare and well-being at all times. The State shall protect the rights of the workers to 
security of tenure, and just and humane conditions of work. Towards this end, the State 
shall provide adequate and timely social, economic, and legal services to OFWs;
f. 
The State affirms the fundamental equality before the law of men and women and the 
latter’s significant role in nation-building. In recognizing the particular vulnerabilities of 
women, especially those who are working abroad, the State shall apply gender sensitive 
criteria in the formulation and implementation of its policies and programs;
g. 
Free access to the courts, 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 by the State to ensure that the rights and interests of 
Overseas Filipinos, including OFWs, in distress, whether regular or irregular, are 
adequately protected and safeguarded;
h. 
The State shall recognize and guarantee the right of all Overseas Filipinos, including 
OFWs, to participate in the democratic decision-making processes of the State and to 
be represented in institutions relevant to them;
i. 
The State recognizes non-governmental organizations, trade unions, workers 
associations, business organizations and other stakeholders duly recognized as 
legitimate as partners of the State in the protection of Overseas Filipinos and the 
promotion of their welfare. The State shall nurture and uphold mutual trust and respect 
in areas of cooperation;
j. 
The State shall protect every citizen desiring to work locally or overseas by securing the 
citizen the best possible terms and conditions of employment. The State shall endeavor 
to facilitate a free choice of available employment by persons seeking work and regulate 
the movement of workers in conformity with the national interest;
k. 
The State affirms that the Filipino family, as a basic autonomous social institution, is the 
foundation of the nation. Accordingly, the solidarity of the families of OFWs shall be 
strengthened and their total development shall be actively promoted:
l. 
The State recognizes that the most effective tool for empowerment and protection of 
rights of OFWs is their possession of appropriate skills. The government shall embark 
on a robust expansion of skills development and enhancement programs of the 
concerned agencies and shall facilitate access of OFWs to these programs. The State 
shall also pursue bilateral, regional and multilateral agreements on skills qualification, 
certification and matching:
m. 
The State commits to fulfill the twenty-three (23) objectives of the Global Compact for 
Safe, Orderly and Regular Migration (GCM):


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Collect and utilize accurate and disaggregated data as a basis for evidence-based 
policies;
Minimize the adverse drivers and structural factors that compel people to leave 
the country:
Provide accurate and timely information at all stages of migration;
Ensure that all migrants have proof of legal identity and adequate documentation;
Enhance availability and flexibility of pathways for regular migration:
Facilitate fair and ethical recruitment and safeguard conditions that ensure decent 
work;
Address and reduce vulnerabilities in migration:
Save lives and establish coordinated international efforts on missing migrants; 
Strengthen the transnational response to smuggling of migrants;
migration:
11. Manage borders in an integrated, secure and coordinated manner;
Strengthen certainty and predictability in migration procedures for appropr 
screening, assessment and referral;
Use migration detention only as a measure of last resort and work towc 
alternatives:
Enhance consular protection, assistance and cooperation throughout 
migration cycle;
Provide access to basic services for migrants;
16. Empower migrants and societies to realize full inclusion and social cohesion;
Eliminate all forms of discrimination and promote evidence-based public discoi 
to shape perceptions of migration;
Invest in skills development and facilitate mutual recognition of skills, qualificati 
and competencies:
Create conditions for migrants and diasporas to fully contribute to sustains 
development in all countries;
Promote faster, safer and cheaper transfer of remittances and foster finar 
inclusion of migrants:
Cooperate in facilitating the safe and dignified return and readmission of mign 
as well as their sustainable reintegration into their home countries;
Establish mechanisms for the portability of social security entitlements and eai 
benefits: and


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23. Strengthen international cooperation and global partnerships for safe, orderly and 
regular migration.
SEC. 3. Definition of terms. - As used in this Act, the following terms and phrases are defined
as follows;
a. 
Assistance to Nationals (ATN) - refers to services provided by the Philippine 
Government to any Overseas Filipino in distress which may be in the form of repatriation, 
medical assistance, shipment of remains, legal assistance and representation, rescue, 
evacuation, financial assistance or any other analogous help or intervention to ensure 
that the Filipino national’s human rights and welfare are protected, respected, and 
fulfilled:
b. 
Country of destination - refers to any country other than the Philippines where a Filipino 
citizen is temporarily or permanently residing:
c. 
Ethical recruitment - refers to the practice of recruiting and deploying overseas workers 
through government accredited recruitment or manning agencies, that allow overseas 
workers to change employers and modify the conditions or length of their stay with 
minimal administrative burden, while promoting greater opportunities for decent work 
and respect for international human rights and labor law, prohibit the confiscation or 
nonconsequential retention of work contracts, and travel or identity documents from 
migrants and guarantees that the employer pay principle is upheld:
d. 
Overseas Filipino (OF) - refers to a Filipino national outside the Philippines, whether 
permanent or temporary, regardless of such national’s legal status, including Overseas 
Filipino Workers (OFW), tourists, pilgrims, students, trainees, and religious missionaries.
e. 
Overseas Filipino in distress - refers to an OF who has a medical, psychosocial, or legal 
problem, or is experiencing abuse or exploitation, or whose human rights are being 
violated, and requires treatment, hospitalization, counseling, legal representation, 
rescue, repatriation, or any other kind of analogous intervention, including those who 
have died thereat and whose remains have to be repatriated to the Philippines:
f. 
License - refers to the document issued by the Secretary of the Department authorizing 
a natural or juridical person or his duly authorized official or representative to operate a 
private recruitment or manning agency:
g. 
Manning agency - refers to a natural or juridical person duly licensed by the Secretary 
of the Department to engage in the recruitment and placement of seafarers or sea-based 
migrant workers:
h. 
Overseas employment - refers to employment outside the Philippines:
i. 
Overseas Filipino worker (OFW) — refers to a Filipino who is to be engaged, is engaged, 
or has been engaged in remunerated activity in a state or country which is not the 
Philippines and which he or she is not a permanent resident, whether land-based or sea- 
based. For purposes of this provision, a person engaged in remunerated activity refers 
to a person who has been contracted for overseas employment but has yet to leave the 
Philippines:
j. 
Recruitment agency - refers to a natural or juridical person duly licensed by the 
Secretary of the Department to engage in the recruitment or placement of land-based 
migrant workers:


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k. 
Regular overseas Filipino worker - refers to an OFW who has a passport, valid visa, 
permit to stay, travel paper, or any other document necessary to work or continue 
working in the country in which he is working. It includes an OFW who has a contract of 
employment approved by the Department:
l. 
Reintegration program - refers to a measure or a set of measures intended for 
mainstreaming returning OFWs into the Philippine society, including but not limited to 
livelihood projects, wellness programs, financial literacy programs and other similar 
projects:
m. 
Seafarer - refers to an OFW who is engaged in employment in any capacity on board a 
merchant marine vessel plying international waters or other sea-based craft of similar 
category. For purposes of this Act, it shall include fisherfolk, cruise ship personnel, yacht 
crew, those serving on mobile offshore and drilling units in the high seas, and other 
persons similarly situated.
SEC. 4. Creation and mandate. - The Department of Overseas Filipinos, hereinafter referred 
to as “the Department”, is hereby organized structurally and functionally in accordance with 
the provisions of this Act.
The Department shall be the primary agency under the Executive Branch of the government 
tasked to protect the rights and promote the welfare of overseas Filipinos: formulate, plan, 
coordinate, promote, administer, and implement policies, and undertake systematic national 
development programs for managing and monitoring the overseas or foreign employment of 
Filipino workers, while taking into consideration domestic manpower and human resource 
requirements and the need to protect the right to decent work and fair and ethical recruitment 
practices.
SEC. 5. Powers and functions. - To carry out its mandate, the Department shall:
a. 
Formulate, recommend, and Implement national policies, plans, programs, and 
guidelines that will ensure the protection of overseas Filipinos, including OFWs, the 
promotion of their interests, and the timely and effective resolution of their problems:
b. 
Ensure that policies and programs are in place to adequately protect current and 
prospective overseas Filipinos, including OFWs:
c. 
Regulate, through the Philippine Overseas Employment Administration, the deployment 
of overseas Filipino workers:
d. 
Initiate, pursue, and help prosecute, in coordination with the Department of Justice, 
illegal recruitment and human trafficking cases as defined under Republic Act No. 10022 
or the Migrant Workers and Overseas Filipinos Act:
e. 
Conduct, in coordination with relevant stakeholders, studies on policy areas and options 
that will ensure protection of overseas Filipinos and address perennial issues that they 
encounter:
f. 
Protect and promote the welfare, well-being, and interests of the families of overseas 
Filipinos:
g. 
Build, in coordination with the Department of Foreign Affairs, strong and harmonious 
partnerships with counterpart and relevant agencies in foreign countries in order to


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facilitate the implementation of strategies and programs designed for the protection and 
promotion of the rights and well-being of overseas Filipinos and their families:
h. 
Assess, review, harmonize, and coordinate, in coordination with the Department of 
Foreign Affairs, applicable policies and procedures pursuant to multilateral, regional, or 
bilateral treaties and agreements with foreign countries, the United Nations and its 
affiliate organizations, and other international and regional organizations;
i. 
Cooperate and coordinate with foreign countries of destination, and monitor labor 
developments in foreign countries to ensure that the terms and conditions of work of 
overseas Filipino workers are in accordance with applicable and appropriate Philippine, 
on-site, and international standards;
j. , Employ proactive, effective, and efficient approaches in providing timely ATN services
to overseas Filipinos, especially in times of actual or potential war, civil unrest, pandemic 
or other analogous circumstances and situations;
k. 
Provide, in coordination with the Department of Foreign Affairs, ATN services to 
overseas Filipinos, especially those in distress. In times of national emergencies, such 
as the imminence of war or pandemic, the Department shall strengthen linkages with 
appropriate authorities in the host country for the timely mobilization and assistance to 
Overseas Filipinos;
l. 
Provide social and welfare services, including insurance, social work assistance, legal 
assistance, cultural services, to overseas Filipinos;
m. 
Provide, in cooperation with the Department of Education, the Commission on Higher 
Education, the Technical Education and Skills Development Authority, and other 
government agencies, civil societies, and non-governmental organizations aimed at 
promoting the global competitiveness of overseas Filipino workers, job matching 
services to prospective overseas Filipino workersi
Administer the generation, accumulation, and utilization of funds for the benefit of 
overseas Filipinos;
Administer reintegration and social service programs for overseas Filipinos who are 
returning or have returned to the Philippines:
p. 
Encourage and enhance information and resource sharing, develop an electronic 
database to improve services for overseas Filipinos, and strengthen linkages and 
cooperation among government agencies, consistent with national and overseas 
Filipino-focused objectives;
q. 
Regulate, through the Philippine Overseas Employment Administration, the operations 
of private recruitment and manning agencies and other related business entities involved 
in the employment of overseas Filipino workers to protect the interests and well-being 
of these workers, with due consideration to relevant market conditions:
r. 
Foster the professionalization and ensure compliance with legal and ethical standards, 
training, and capacity-building of private recruitment and manning agencies;
s. 
Represent Philippine interests pertaining to overseas Filipinos in regional, sub-regional, 
bilateral, and multilateral fora and international bodies, and negotiate on matters 
concerning overseas Filipinos, in coordination and cooperation with the Department of 
Foreign Affairs;
n.
o.


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u.
V.
w.
X.
Promulgate rules and regulations for the implementation of pertinent laws and policies 
relating to overseas Filipinos;
Accept, hold, administer, and utilize properties, subject to limitations set by existing iaws, 
in pursuit of the mandate of the Department;
Perform ali the powers, functions, and responsibilities assigned to all agencies, offices, 
or units to be transferred to the Department pursuant to the consolidation mandated by 
this Act;
Prosecute cases arising out of violations of the provisions of this Act, including those 
involving trafficking in persons and illegal recruitment, in coordination with quasi-judicial 
bodies such as the National Labor Relations Commission, the Department of Labor and 
Employment, the National Bureau of Investigation, and the Inter-Agency Council Against 
Trafficking;
Assume all powers, functions, and responsibilities assigned to the Department of Labor 
and Employment relating to overseas Filipinos provided for under Republic Act No. 8042 
or the Migrant Workers and Overseas Filipinos Act, Republic Act No. 10801 or the 
Overseas Workers Welfare Administration Act, and other related laws; and
y. Perform such other functions as may be necessary to achieve the objectives of this Act.
The exercise of the powers and functions of the Department shall in no way limit, restrict or 
affect the pursuit of an independent foreign policy in the conduct of foreign affairs.
SEC. 6. Composition. - The Department shall consist of the Department Proper comprising 
of the Office of the Secretary, the Offices of the Undersecretaries and Assistant Secretaries, 
the Service Units, the Staff Bureaus, Regional offices, and ATN Units of Philippine Foreign 
Service Posts.
The Secretary shall be appointed by the President, subject to confirmation by the Commission 
on Appointments in accordance with the Constitution. The Undersecretaries and Assistant 
Secretaries shall likewise be appointed by the President upon the recommendation of the 
Secretary.
SEC. 7. The Secretary. - The authority and responsibiiity for the exercise of the mandate, 
powers, and functions of the Department shall be vested in the Secretary of the Department, 
who shall exercise supervision and control over the Department.
For such purposes, the Secretary shall have the following powers and functions:
a. 
Provide executive direction, supervision, and control over the entire operations of the 
Department and its attached agencies, unless otherwise provided for elsewhere In this 
Act;
b. 
Establish policies and standards for the effective, efficient, and economical operation of 
the Department, consistent with the programs of the government;
c. 
Exercise jurisdiction over all bureaus, offices, agencies, and corporations under the 
Department as provided by law and in accordance with the applicable relationships as 
specified in the Administrative Code;


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d. 
Delegate, with reasonable standards under the circumstances, authority for the 
performance of any function to offices and employees of the Department;
e. 
Issue orders, directives, rules, and regulations, and other issuances to carry out foreign 
labor and employment policies, plans, programs, or projects;
f. 
Negotiate with foreign countries’ governments, in coordination with the Department of 
Foreign Affairs, treaties, agreements, pacts, and other similar instruments that are 
related to labor migration and overseas employment;
g. 
Evaluate policy, plan, program, and project accomplishments of the Department;
h. 
Advise the President on the promulgation of executive and administrative orders and on 
the formulation of necessary regulatory and legislative proposals on matters pertaining 
to overseas Filipinos;
i. 
Administer and manage the Assistance to Nationals Fund and issue guidelines for the 
proper and efficient utilization thereof;
j. 
Formulate such rules and regulations and exercise such other powers as may be 
required to implement and realize the objectives of this Act;
k. 
Supervise and manage the prosecution of cases involving the utilization of the ATN 
Fund;
l. 
Act as Chairperson of the Overseas Workers Welfare Administration Board;
m. 
Sit as a member of the Inter-Agency Council Against Trafficking created by Republic Act 
No. 9208, as amended;
n. 
Create additional offices and positions, in coordination with the Department of Budget 
and Management and the Civil Service Commission, as may be necessary to fulfill the 
mandate of the Department;
o. 
Promulgate and implement the Implementing rules and regulations of this Act; and
p. 
Perform such other tasks as provided for under existing laws or assigned by the 
President.
SEC. 8. Structure of the Department. - The Secretary shall be assisted by four (4)
Undersecretaries and by an appropriate number of Assistant Secretaries as determined by
this law.
The following offices are hereby created, each to be headed by an Undersecretary and
assisted by other officers and staff:
a. Office of the Undersecretary for Administration and Finance. The Office of the 
Undersecretary for Administration and Finance shall have the following functions:
1. 
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;
2. 
Administer personnel programs including selection and placement, development, 
performance evaluation, employee relations, and welfare;


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3. 
Supervise and control the operational activities of the Assistant Secretary heading 
each of the following units:
I. 
Financial Management and Internal Audit;
II. 
Human Resources, Regional Operations, Assets Management, and 
Records and Archives; and
III. 
Legal Department and Bids and Awards Committee.
4. 
Manage internal budgetary and financial matters, including an internal accounting 
and auditing system, and data banking; and
5. 
Perform such other functions as may be provided by law or assigned by the 
Secretary.
Office of the Undersecretary for Foreign Employment. The Office of the Undersecretary 
for Foreign Employment shall have the following functions:
1. 
Advise and assist the Secretary in the formulation of the Department’s overall long­
term and short-term plans and programs on overseas employment;
2. 
Review and evaluate the progress or status of projects and accomplishments in 
relation to set standards, objectives, and schedules;
3. 
Undertake program and policy coordination, monitoring and evaluation of the 
Philippine Overseas Employment Administration (POEA) and the Overseas 
Workers Welfare Administration (OWWA);
4. 
Supervise and control operational activities of one (1) Assistant Secretary; and
5. 
Perform such other functions as may be provided by law or assigned by the 
Secretary.
Office of the Undersecretary for Assistance to Overseas Filipinos in Distress. The Office 
of the Undersecretary for Assistance to Overseas Filipinos in Distress shall subsume all 
the functions of the Office of the Undersecretary for Migrant Workers’ Affairs of the DFA 
and the Social Welfare Attaches Office (SWATO) under the Department of Social 
Welfare and Development (DSWD), now operating as the International Social Services 
Office (ISSO). It shall exercise the following functions:
1. 
Provide prompt and appropriate response to global emergencies or crisis 
situations affecting OFs, particularly OFWs, and members of their families left 
behind;
2. 
Undertake all repatriation activities, in coordination with the DFA, Philippine 
Foreign Service Posts, and other government agencies, in cases of war, epidemic, 
disasters or calamities, whether natural or man-made, amnesties, emergencies, 
abuse, and other similar events without prejudice to reimbursement by the 
responsible principal employer or recruitment or manning agency;
3. 
Enforce the Assistance to Nationals (ATN) Fund and Legal Assistance Fund 
guidelines, procedures, and criteria for the utilization of the said fund as provided 
for under this Act;


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8.
9.
Administer the ATN Fund and the Legai Assistance Fund, and to authorize 
disbursements therefrom in accordance with the purpose for which the fund was 
set up;
Ensure effective coordination and cooperation with other government agencies 
and Philippine Foreign Service Posts in the provision of legal assistance and ATN 
services utilizing the Fund;
Tap the assistance of the Integrated Bar of the Philippines, other bar associations, 
legal experts on labor, migration, and human rights laws, reputable law firms, and 
civil society organizations, to complement government services and resources to 
provide legal and other forms of assistance to OFs in distress and OFWs;
Establish a 24/7 Emergency Response and Action Center Unit and media and 
social media monitoring center to respond to the emergency needs of OFs and 
their families;
Exercise control and supervision over the Assistant Secretary heading the 
following units: (i) Operations; and (ii) Public Assistance Center; and
Perform such other functions as may be provided by law or assigned by the 
Secretary.
d. Office of the Undersecretary for Policy, Treaties, International Agreements and Special
Concerns. The Office of the Undersecretary for Policy, Treaties, International
Agreements and Special Concerns shall subsume all the substantive functions of the
International Labor Affairs Bureau (ILAB) under the Department of Labor and
Employment and all the related functions and mandate of the Commission on Filipinos
Overseas (CFO). It shall exercise the following functions:
1. 
Monitor the observance and implementation of the Philippines’ obligations and 
commitments to migration related international organizations and treaties;
2. 
Coordinate with the DFA regarding the negotiations of treaties, agreements, 
compacts, and other instruments that are related to labor migration;
3. 
Manage and supervise the ATN Career Corps as created by Section 15 of this Act 
in coordination with the DFA;
4. 
Exercise control and supervision over one (1) Assistant Secretary heading the 
ATN Career Corps Unit;
5. 
Formulate and implement an integrated program for the promotion of the welfare 
of OFs, and the provision of pre-departure orientation seminars and counseling 
services to emigrants, marriage migrants, au pairs, and exchange visitor program 
participants;
6. 
Implement programs and services to adequately prepare Filipinos migrating to 
other countries to meet the practical and psychological problems attendant to 
international migration;
7. 
Act as the Department’s advocacy arm and shall execute programs and services 
to raise public awareness on the dangers and indicators of illegal recruitment, 
human trafficking, mail-order-spouse schemes, and access to the different 
government policies and programs in place that aim to address these concerns;
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8. 
Serve as a forum for preserving and enhancing the social, economic, and cultural 
ties of OFs with their motherland:
9. 
Provide liaison services to OFs with appropriate government and private agencies 
in the transaction of business and similar ventures in the Philippines; and
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Perform such other functions as may be provided by law or assigned by the 
Secretary.
SEC. 9. Qualifications. - No person shall be appointed as Secretary, Undersecretary, or 
Assistant Secretary of the Department unless he is a natural born citizen and resident of the 
Philippines, of good moral character, of proven integrity and competence in public 
administration, and has recognized expertise in governance involving overseas Filipinos.
The Undersecretaries shall be members of the Philippine Bar who have been engaged in the 
practice of law for at least five (5) years.
No person involved in the business of recruitment and deployment of overseas Filipinos and 
overseas Filipino workers shall be appointed as Secretary, Undersecretary, or Assistant 
Secretary of the Department. This prohibition shall likewise apply to relatives of such person 
involved in the business of recruitment and deployment of overseas Filipinos and overseas 
Filipino workers up to the fourth degree of consanguinity or affinity.
It shall be unlawful for any official or employee of the Department or other government 
agencies involved in the implementation of this Act, or their relatives within the fourth degree 
of consanguinity or affinity, to engage, directly or indirectly, in the business of recruitment and 
deployment of overseas Filipino workers. Upon conviction, the penalties under Republic Act 
No. 8042, as amended, shall be imposed upon them.
SEC. 10. Regional offices. - The Department shall establish, operate, and maintain a 
regional office and such other lower level offices as may be deemed necessary by the 
Secretary in strategic locations in the country in consideration of existing regional offices of 
the POEA and OWWA.
SEC. 11. Structure and staffing pattern. - The Department shall determine its organizational 
structure and create new divisions or units as it may deem necessary at the national, regional, 
provincial, and in such other lower levels, and shall appoint officers and employees of the 
Department in accordance with Civil Service laws, rules and regulations. Republic Act No. 
6656, or the Government Reorganization Law shali govern the organization of the Department, 
and the reorganization of affected agencies.
Sixty (60) days from the approval of this Act, the Department shall present its staffing pattern 
to the Department of Budget and Management for approval. This staffing pattern shall be 
implemented effective immediately upon approval but not later than the holdover period of all 
the subsumed agencies of the Department.
SEC. 12. Sectoral and industry task forces. - The Department may create sectoral and 
industry task forces, technical working groups, advisory bodies, or committees for the 
furtherance of its objectives. Additional private sector representatives, such as from the OFWs, 
the academe, and private industries directly involved in deployment of OFWs, as well as other 
national government agencies, local government units, and government-owned and - 
controlled corporations, may be appointed to these Sectoral and Industry Task Forces.
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SEC. 13. Establishment of Overseas Filipinos Malasakit Centers. - The Department, in 
partnership with other government agencies and local government units, shall establish the 
Overseas Filipinos Malasakit Centers in strategic locations of the country to ensure prompt, 
efficient, vital and relevant services to migrant Filipinos and their families to include acquisition 
of government clearances and permits, validation of overseas job offers, reintegration services 
and all pertinent seminars and workshops for all stakeholders.
SEC. 14. Assistance to Nationals Fund. - The Legal Assistance Fund under Section 25 of 
Republic Act No. 8042, as amended, as well as the ATN Fund now administered by the 
Department of Foreign Affairs shall be transferred to and administered by the Department. In 
addition to those guidelines provided for under existing laws, and in accordance with 
guidelines to be formulated by the Department, the ATN Fund shall be used for the provision 
of ATN services as provided for under this Act.
The ATN Fund guidelines shall be issued by the Secretary in consultation with relevant 
stakeholders.
SEC. 15. ATN Office. - The Assistance-to-Nationals (ATN) Office of the Philippine Foreign 
Service Post shall be the operating arm overseas foreign office of the Department. The ATN 
Office shall absorb all the powers, existing functions and personnel of the Philippine Overseas 
Labor Offices (POLO), existing ATN units of the DFA and social welfare services in all 
Philippine embassies and consulates, and shall perform the following functions:
a. 
Ensure the promotion and protection of the welfare and interests of Filipino Overseas 
and assist them in all problems arising out of employer- employee relationships including 
violation of work contracts, conditions of employment such as non-payment of wages 
and other benefits, illegal dismissal, and other similar cases;
b. 
Verify employment contracts and other employment-related documents:
c. 
Monitor and report to the Secretary on situations and policy developments in the 
receiving country that may affect Filipinos Overseas in particular and Philippine labor 
policies, in general;
d. 
Pursue, in coordination with and supervision by the Philippine Embassy/Consulate, 
discussion on bilateral and multilateral labor issues and concerns with the host 
government, foreign embassies concerned, and international organizations;
e. 
Supervise and coordinate the operations of the Migrant Workers and Other Overseas 
Filipinos Resource Center;
f. 
Provide social and welfare programs and services to Filipino nationals, including social 
assistance, education and training, cultural services, financial management, 
reintegration, and entrepreneurial development services;
g. 
Provide prompt and appropriate response to global emergencies or crisis situations 
affecting Filipino nationals;
h. 
Manage case of OFWs and other overseas Filipinos in distress needing psychosocial 
services, such as victims of trafficking or illegal recruitment, rape or sexual abuse, 
maltreatment and other forms of physical or mental abuse and cases of abandoned or 
neglected children;
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i. 
Establish and maintain a data bank and documentation of OFWs and their families so 
that appropriate welfare services can be more effectively provided;
j. 
Repatriation of distressed Filipino nationals including shipment of remains and personal 
belongings;
k. 
Verification of whereabouts and condition;
l. 
Provide assistance in criminal and immigration cases;
m. 
Provide assistance to victims of illegai Recruitment and Trafficking in Persons;
n. 
Provide assistance to kidnapping and hostage victims;
0. 
Conduct prison and hospital visitation, and attend court hearings;
p. 
Provide assistance to detained and/or convicted Filipino nationals, as may be
appropriate; and
q. 
Perform other functions and responsibilities as may be assigned by the Secretary.
The Department shali establish the Assistance-to-Nationals Career Officer Corps. The 
quaiifications, hiring and selection, continuous training and education, merit promotion system, 
and rotation system for depioyment and recaii of ATN Officers shall also be established by the 
Department, in accordance with existing civii service rules and regulations.
ATN Officers in foreign posts shail be designated as service attaches and shall have the 
following duties and responsibilities:
a. 
Repatriation of distressed and undocumented Fiiipinos;
b. 
Assistance to victims of natural and man-made disasters;
c. 
Monitoring of court cases of Fiiipinos;
d. 
Attending to police cases involving Filipinos such as but not limited to sexuai assault, 
theft/robbery, drug use/drug trafficking, fraud/faisification/forgery, murder/homicide, 
trafficking in persons, etc.;
e. 
Prison visitation including counseiling and provision of consular services;
f. 
Coordination with next-of-kin or relatives on police and immigration cases; and
g. 
Attending to death of Filipinos including repatriation of remains or personai belongings 
and issuance of mortuary certificate.
ATN Officers in the Central Office shall have the following duties and responsibilities:
a. 
Receive requests for assistance from the next-of-kin of overseas Filipinos in distress or 
the overseas Fiiipinos themselves;
b. 
Refer requests to the concerned Foreign Service Post;
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c. 
Endorse the disbursement from the ATN Fund and the Legal Assistance Fund, subject 
to rules and regulations for such disbursement;
d. 
In cases of emergency situations, monitor the situation abroad through reports from the 
Philippine Embassies and Consulates: and
e. 
Provide information and updates to interested parties and government agencies.
The deployment and performance of the ATN Career Officer Corps members to Philippine 
Foreign Service Post shall be governed by the Philippine Foreign Service Act of 1991, Vienna 
Convention on Consular Relations and the Vienna Convention on Diplomatic Relations and 
shall also be subject to the rules and regulations imposed by the receiving State.
There shall be an ATN Head with an assimilated diplomatic rank to be appointed by the 
Secretary of the Department.
All regional offices of the OWWA shall be located, as much as practicable, beside the regional 
office of the Department for foreign posts. The OWWA shall be under the ATN Office to 
consolidate the migration team of the Foreign Service and will be under supervision of the 
ATN Head.
SEC. 16, Migrant Workers and Other Overseas Filipinos Resource Center (MWOFRC). - 
The Migrant Workers and other Overseas Filipinos Resource Center (MWOFRC) shall be 
under the Department and shall provide the following services:
a. 
Temporary shelter to distressed OFWs;
b. 
Counselling and legal services:
c. 
Welfare assistance including the procurement of medical and hospitalization services;
d. 
Information, advisory programs to promote social integration such as post-arrival 
orientation, settlement and community networking services and activities for social 
interaction:
e. 
Registration of irregular and undocumented workers;
f. 
Human resource development, such as training and skills upgrading:
g. 
Gender-sensitive programs and activities to assist particular needs of migrant workers;
h. 
Orientation program for returning workers and other migrants:
i. 
Monitoring of the daily situation, circumstances and activities affecting migrant workers 
and other overseas Filipinos;
j. 
Ensuring that labor and social welfare laws in the receiving country are fairly applied to 
migrant workers and other overseas Filipinos; and
k. 
Conciliation of disputes arising from employer-employee relationship.
The following personnel may be assigned to the Center:
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a. 
Psychologists, Social Workers, and a Shari'a or Human Rights Lawyer, in highly 
problematic countries as categorized by the DFA and the Department and where there 
is a concentration of Filipino migrant workers;
b. 
Individual volunteers and representatives from bona fide non-government organizations 
from the receiving countries, if available and necessary as determined by the ATN Head, 
in consultation with the Chief of Mission;
c. 
Public Relations Officer or Case Officer conversant, orally and in writing, with the local 
language, laws, customs and practices; and
d. 
Legal Officers and such other professionals deemed necessary by the Secretary.
The ATN Head shall supervise and coordinate the day-to-day operations and activities 
of the Center and shall keep the Chief of Mission informed and updated on all matters 
affecting it at least quarterly through a written report addressed to the Chief of Mission.
SEC. 17. One country-team approach. - Under the one country-team approach, all officers, 
representatives, and personnel of the Philippine government posted abroad regardless of their 
mother agencies shall, on a per country basis, act as one country-team with a mission under 
the leadership of the Ambassador or the Consul General. In this regard, the Ambassador or 
the Consul General acting as Head of Post, may recommend to the Secretary, in coordination 
with the Secretary of the Department of Foreign Affairs, the recall of officers, representatives, 
and personnel of the Philippine government posted abroad for acts inimical to the national 
interest such as the failure to provide the necessary services to protect the rights of overseas 
Filipinos.
SEC. 18. Management information system. - The Department shall establish, in 
cooperation with other government agencies concerned, a computer-based management 
information system on overseas Filipinos to support its operations and as well as to have a 
source of relevant data for programs and policy formulation. Each office of the Department 
may likewise create and maintain its own relevant database, as it deems necessary, provided, 
that these are integrated into the Department’s main management information system.
SEC. 19. Transfer of agencies and functions. - The following agencies are hereby merged 
and transferred to the Department, and their powers and functions subsumed to the 
Department which shall assume and perform all their powers and functions:
a. 
The Office of the Undersecretary for Migrant Workers’ Affairs (OUMWA) of the 
Department of Foreign Affairs as provided for under Republic Act No. 8042, as 
amended, to include all present and previous units in the Department of Foreign Affairs 
performing functions mandated by the said law;
b. 
The Commission on Filipinos Overseas (CFO);
c. 
All Philippine Overseas Labor Offices (POLO) under the Department of Labor and 
Employment;
d. 
The International Labor Affairs Bureau (ILAB) under the Department of Labor and 
Employment; and
e. 
The Social Welfare Attaches Office (SWATO) under the Department of Social Welfare 
and Development, now operating as the International Social Services Office (ISSO).
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SEC. 20. Attached agencies. - The Philippine Overseas Employment Administration (POEA) 
and the Overseas Workers Welfare Administration shall be attached to the Department.
The Department shall exercise administrative supervision over the POEA created under 
Executive Order 247 Series of 1987 and Republic Act No. 8042, as amended. The POEA shall 
continue to function in accordance with its charter.
The Department shall exercise administrative supervision over the OWWA created under 
Republic Act No. 10801 as an attached agency for purposes of policy and program 
coordination, monitoring and evaluation. The OWWA shall continue to function in accordance 
with its charter. The Secretary shall be added to the OWWA Board of Trustees and shall act 
as Chairperson of the Board. The DOLE Secretary shall remain as member of the Board.
Five (5) years after the effectivity of this Act, the Department shall conduct a thorough review 
of the administration, operations, and functions of the POEA and OWWA as attached agencies 
of the Department. From its evaluation, the Department may propose and recommend the 
necessary changes, legislative or administrative, to fulfill its mandate and the objectives of this 
Act.
SEC. 21. Reorganization and other transitory provisions. - In the transfer of functions of 
affected agencies under this Act, the following rules shall apply:
a. 
Any transfer of entities shall include the functions, appropriations, funds, records, 
equipment, facilities, other properties, assets, and liabilities of the transferred entity as 
well as the personnel thereof as may be necessary, who shall, in a holdover capacity, 
continue to perform their respective duties and responsibilities and receive the 
corresponding salaries and benefits, unless in the meantime they are separated from 
government service pursuant to existing laws. Those personnel from the transferred 
entity whose positions are not included in the new position structure and staffing pattern 
approved by the Secretary or who are not reappointed shall be entitled to the benefits 
provided in the second paragraph of Section 22 hereof;
b. 
Any transfer of functions which results in the subsuming of the entity that has exercised 
such transferred functions shall include, as may be necessary to the proper discharge 
of the transferred functions, the appropriations, funds, records, equipment, facilities, 
other assets, and personnel of the entity from which such functions have been 
transferred. The remaining appropriations and funds shall revert to the General Fund 
and the remaining records, equipment, facilities, and other assets shall be allocated to 
such appropriate units as the Secretary shall determine, or otherwise shall be disposed 
of, in accordance with pertinent laws, rules and regulations. The liabilities, if any, of the 
subsumed entity shall be treated likewise in accordance with pertinent laws, rules and 
regulations. Incumbents of the subsumed entity shall, in a holdover capacity, continue 
to perform their respective duties and responsibilities and receive the corresponding 
salaries and benefits unless in the meantime they are separated from government 
service, pursuant to existing laws. Any such personnel whose position is not included in 
the new position structure and staffing pattern approved by the Secretary or who is not 
reappointed shall be entitled to the benefits provided in Section 22 hereof; and
c. 
Any transfer of functions which does not result in the subsuming of the entity that has 
exercised such transferred functions shall include the appropriations, funds, records, 
equipment, facilities, other assets as well as the personnel of the entity from which such 
functions have been transferred that are necessary to the proper discharge of such 
transferred functions. The liabilities, if any, which have been incurred in connection with 
the discharge of the transferred functions, shall be allocated in accordance with pertinent 
laws, rules and regulations. Such personnel shall, in a holdover capacity, continue to
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perform their respective duties and responsibiiities and receive the corresponding 
saiaries and benefits uniess in the meantime they are separated from government 
service pursuant to existing iaws. Any such personnei whose position is not inciuded in 
the new position structure and staffing pattern approved by the Secretary or who is not 
reappointed shaii be entitied to the benefits under appiicabie iaws, ruies and reguiations.
SEC. 22. Absorption, separation, and retirement from service. - The existing empioyees 
of the transferred and subsumed agencies under this Act shaii enjoy security of tenure and 
shaii be absorbed by the Department, in accordance with their staffing patterns and the 
seiection process as prescribed under Repubiic Act. No. 6656 or the Government 
Reorganization Law.
Empioyees who are affected by the creation of the Department and are separated from service 
within six (6) months from the effectivity of this Act as a result of the organization and 
reorganization under this Act shall receive separation benefits under Republic Act No. 6656, 
or the Government Reorganization Law, and other applicable laws, rules and regulations: 
Provided, That those who are qualified to retire and receive retirement benefits under existing 
retirement laws shall be allowed to retire. Detailed, transferred, or seconded career personnel 
to the Department from transferred or subsumed entities or any government entity shall neither 
lose seniority in rank or status, nor suffer any diminution of their salaries, allowances, or other 
privileges and entitlements.
Employees who are separated from service within six (6) months from the effectivity of this 
Act as a result of the organization and reorganization under this Act shall also receive 
additional separation incentives, as follows:
a) 
Fifty percent (50%) of the actual monthly basic salary for every year of service, for those 
who have rendered less than 11 years of service;
b) 
Seventy five percent (75%) of the actual monthly basic salary for every year of service 
computed starting from the 1st year, for those who have rendered 11 to less than 21 
years of service;
c) 
The actual monthly basic salary for every year of service, computed starting from the 
1st year, for those who have rendered 21 to less than 31 years of service; and
d) 
One hundred twenty five percent (125%) of the actual monthly basic salary for every 
year of service, computed starting from the 1st year, for those who have rendered 31 
years of service and above.
Provided, That personnel who will be separated from the service as a result of the 
rationalization of the existing offices and will avail themselves of the incentives shall not be 
reemployed in any agency of the Executive Branch for a period of five (5) years, except as a 
teaching or medical staff in educational institutions and hospitals, respectively: Provided, 
further. That retired or separated personnel who are reemployed within the prohibited period 
shall refund the separation incentives received on a pro-rated basis: Provided, finally. That 
retired or separated personnel who will undertake consultancy services for the government 
shall be governed by RA No. 6713 (Code of Conduct and Ethical Standards for Public Officials 
and Employees).
For purposes of the additional separation incentives, the actual monthly basic salary shall refer 
to the salary of the affected personnel as of the date of approval of the Department's 
organizational structure and staffing pattern by the DBM.
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SEC. 23. Transition period. - The transfer of functions, assets, funds, equipment, properties, 
transactions, and personnel of the affected agencies, and the formulation of the internai 
organic structure, staffing pattern, operating system, and revised budget of the Department, 
shall be completed within six (6) months from the effectivity of this Act: Provided, That within 
this period, the existing personnel of all subsumed entities shall continue to assume their posts 
on holdover capacities until new appointments or a new staffing pattern shali have been 
issued: Provided, further. That after the organization and rationaiization process, the 
Department, in coordination with the DBM, shall determine and create new positions, the 
funding requirements of which shall not exceed the equivalent cost of the positions subsumed.
SEC. 24. Congressional Oversight Committee. - There shall be created a Congressional 
Oversight Committee on Overseas Filipinos to monitor and oversee the impiementation of the 
provisions of this Act.
The Committee shail be composed of six (6) members from the Senate and six (6) members 
from the House of Representatives with the Chairpersons of the Committees on Government 
Reorganization and Overseas Workers Affairs of the House of Representatives and 
Committee on Labor, Employment and Human Resources Development of the Senate as Co­
chairpersons of this Committee. The other members from each Chamber are to be designated 
by the Senate President and the Speaker of the House of Representatives, respectively. The 
minority shaii be entitied to pro rata representation but shall have at least two (2) 
representatives from each Chamber.
SEC. 25. Appropriations. - The amount needed for the initial implementation of this Act shall 
be taken from the current year’s appropriations of the agencies, entities, divisions, sections or 
bodies subsumed or transferred to the Department by virtue of this Act. Thereafter, such sums, 
as may be necessary for its continued implementation, shall be included in the annual General 
Appropriations Act.
SEC. 26. Mandatory review. - Ten (10) years after the effectivity of this Act, or as the need 
arises, the Congressional Oversight Committee shall conduct a systematic evaluation of the 
accomplishments and impact of this Act, as well as the performance and organizational 
structure of its implementing agencies, for purposes of determining remedial legislation.
Ten (10) years from the creation of this Department, the Congressional Oversight Committee 
may recommend to abolish the Department should circumstances prove that there is no more 
need for its existence. The relevance and practicality of maintaining the Department shall be 
reviewed every five (5) years after the ten (10) year mandatory review period.
SEC. 27. Implementing rules and regulations. - The Department of Overseas Filipinos, in 
coordination with the Department of Finance, the Department of Foreign Affairs, the 
Department of Budget Management, the Department of Labor and Employment, the Civil 
Service Commission, the National Economic and Development Authority, the Philippine 
Statistics Authority, and the Office of the Presidential Adviser on OFWs (OPA-OFW), shall, 
within sixty (60) days after the effectivity of this Act, promulgate such rules and regulations 
necessary to implement this Act.
SEC. 28. Separability clause. - Should any provision of this Act or part thereof be declared 
unconstitutional, the other provisions or parts not affected thereby shall remain valid and 
effective.
SEC. 29. Repealing clause. - All other laws, decrees, orders, rules and regulations or parts 
thereof inconsistent with this Act are hereby repealed or modified accordingly.
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SEC. 30. Effectivity. - This Act shall take effect fifteen (15) days after its complete 
publication in the Official Gazette and in at least two (2) newspapers of general 
circulation.
Approved,
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