EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
S. No.
SENATE
920
Senate
#£fur o( 
l^rcrrtar;
RECEIVED r :
Introduced by SEN. SHERWIN T. GATCHALIAN
AN ACT
PROVIDING FOR THE MAGNA CARTA OF THE 
OUT-OF-SCHOOL YOUTH
EXPLANATORY NOTE
The youth are the foundation of our country's future. The hope of every State 
is the education of its youth. It is therefore unfortunate that many of our children 
are denied the opportunity to pursue a quality education, if not, have an education 
at all.
According to a study conducted by the Philippine Statistics Authority last 
2010, there are 6.24 million out-of-school youth that year, mainly due to a lack of 
personal interest to go to school, followed by the high cost of education and the 
desire to work. Another study conducted by the World Bank entitled "Out-of-School 
Children and Youth in the Philippines: Issues and Opportunities" showed that it is 
estimated that there are currently between 8 and 10 million out-of-school youth in 
the Philippines, and that their number has trebled in the last decade. And that the 
largest number of out-of-school youth is concentrated in the National Capital Region. 
However, the highest rates of increase of out-of-school youth populations and the


highest drop-out rates, particularly in elementary school, have been in the provinces 
of Mindanao and ARMM. This only shows that the problem of out-of-school youth is 
not limited to the National Capital Region but is now spreading across the other 
regions in the country.
The problem of out-of-school youth is an undeniable reality that currently 
confronts our State. Hence it is the duty of Congress to pass laws that will curb the 
number of out-of-school youth and protect their rights as provided for by the 
Constitution. To this end, this measure seeks to provide for a Magna Carta of the 
Out-of-School Youth that will expound their rights. More importantly, this Act shall 
mandate an affirmative action program by the government to ensure the welfare of 
out-of-school youth and enhance their quality of life.
In the interest of justice and social equity and for the future of this country.
support for the passage and approval of this legislation i^-eSrnesay sought.
. GATCHALI


EIGHTEENTH CONGRESS OF THE 
]
REPUBLIC OF THE PHILIPPINES 
]
First Regular Session 
]
SENATE 
S. No. 
9 2 0
Senate
♦flicro ltb r ftfcrrtar?
*19 AUG 19 PI 37
Introduced by SEN. SHERWIN T. GATCHALIAN
AN ACT
PROVIDING FOR THE MAGNA CARTA OF THE 
OUT-OF-SCHOOL YOUTH
Be it enacted by the Senate and the House o f Representatives o f the 
Philippines in Congress assembled:
CHAPTER I
GENERAL PROVISIONS
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SECTION 1. Short Title. -  This Act shall be known as the "Magna Carta o f
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the Out-of-School Youth."
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SEC. 2. Declaration o f Policies. -  It is hereby declared that the State
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values the dignity of every human person and guarantees full respect for human
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rights. The State therefore recognizes the right of out-of-school youth to social
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protection and development. Towards this end, the State shall promulgate measures
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to achieve the following objectives:


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a) 
Inspire and encourage the out-of-school youth to contribute to nation 
building;
b) 
Recognize the rights of out-of-school youth in the society;
c) 
Provide 
an 
Alternative 
Learning 
System 
and 
a 
program 
for 
technical/vocational education for the out-of-school youth;
d) 
Give full support to the improvement of the total well-being of the out- 
of-school youth by providing educational development and employment 
opportunities; and
e) 
Recognize the important role of the private sector in the improvement 
of the welfare of out-of-school youth and to actively seek their partnership.
CHAPTER I I  
DEFINITION OF TERMS
SEC 3. Definitions. -  As used in this Act:
a) 
Alternative Learning System refers to a parallel learning system in the 
Philippines that provides a practical option to the existing formal instruction. It 
includes both the non-formal and informal sources of knowledge and skills;
b) 
Out-of-School Youth refers to family members 6 to 17 years old who 
are not attending formal school and family members 18 to 24 years old who 
are currently out of school, not gainfully employed, and have not finished 
college or a post-secondary course;
c) 
Social Protection refers to policies and programs that seek to reduce 
poverty and vulnerability to risks and enhance the social status and rights of 
all 
out-of-school 
youth 
by 
promoting 
and 
protecting 
livelihood 
and 
employment, protecting against hazards and sudden loss of income, and


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improving people's capacity to manage risk. Its components are labor market
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programs, social insurance, social welfare, and social safety nets;
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d) 
Substantive Equality refers to the full and equal enjoyment of rights
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and freedoms contemplated under this Act and encompasses de jure and de
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facto equality and also equality in outcomes;
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e) 
Technical/Vocational Education refers to training 
for a 
specific
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occupation in agriculture, trade, or industry through a combination of
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theoretical teaching and practical experience provided by many high schools in
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their commercial and technical divisions, and by special institutions of
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collegiate standing; and
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f) 
TE5DA Graduate refers to out-of-school youth who completed a
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technical/vocational 
course 
with 
the 
Technical 
Education 
and 
Skills
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Development Authority (TESDA).
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CHAPTER I I I
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DUTIES RELATED TO THE HUMAN RIGHTS OF OUT-OF-SCHOOL-YOUTH
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SEC. 4. The State as the Primary Duty-Bearer. -  The State, as the
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primary duty-bearer, shall:
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a) 
Refrain from discriminating against out-of-school youth and violating
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their rights;
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b) 
Protect the 
out-of-school youth against discrimination and from
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violation of their rights by private corporations, entities, and individuals; and
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c) 
Promote and fulfill the rights of out-of-school youth in all spheres,
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including their rights to substantive equality and non-discrimination.
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The State shall fulfill these duties through law, policy, regulatory instruments,
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administrative guidelines, and other appropriate measures, including temporary
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special measures.


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The State shall keep abreast with and be guided by progressive developments
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in human rights of out-of-school youth under international law and design of
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policies, laws, and other measures to promote the objectives of this Act.
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SEC. 5. Duties o f the State Agencies and Instrumentalities. -  The
duties of the State as stated in Section 4 of this Act shall extend to all state 
agencies, offices, and instrumentalities at all levels and government-owned and - 
controlled corporations, subject to the Constitution and pertinent laws, policies, or 
administrative guidelines that define specific duties of state agencies and entities 
concerned.
CHAPTER IV
RIGHTS AND EMPOWERMENT
SEC. 6. Human Rights o f Out-of-Schooi Youth. -  All rights in the 
Constitution and those rights recognized under international instruments duly signed 
and ratified by the Philippines, in consonance with Philippine law, shall be rights of 
out-of-school youth under this Act to be enjoyed without discrimination.
SEC. 7. Protection from  Violence. -  The State shall ensure that all out-of­
school youth shall be protected from all forms of violence, particularly cases of 
physical abuse, sexual exploitation, and human trafficking, as provided for in existing 
laws. Agencies of government shall give priority to the defense and protection of 
out-of-school youth and help them to attain justice and healing.
24 
SEC 8. Equal Treatment Before the Law. -  The State shall take steps to
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review and, when necessary, amend, or repeal existing laws that are discriminatory
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to out-of-school youth.
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SEC 9. Non-discriminatory and Non-derogatory Portrayal o f Out-of-
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School Youth in Media and Film. -  The State shall formulate policies and


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programs for the advancement of out-of-school youth, in collaboration with
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government and nongovernment media-related organizations.
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For this purpose, the State shall ensure allocation of space, airtime, and 
resources, 
strengthen 
programming, 
production, 
and 
image-making 
that 
appropriately present out-of-school youth's needs, issues, and concerns in all forms 
of media, communication, information dissemination, and advertising.
SEC. 10. Recognition and Preservation o f Cultural Id e n tity and 
Integrity. -  The State shall recognize and respect the rights of Moro and 
indigenous out-of-school youth to practice, promote, protect, and preserve their own 
culture, traditions, and institutions and to consider these rights in the formulation 
and implementation of national policies and programs.
To this end, the State shall adopt measures in consultation with the sectors 
concerned to protect their rights, their indigenous knowledge systems and practices, 
traditional livelihood, and other manifestations of their cultures and ways of life: 
Provided, That these cultural systems and practices are not discriminatory to the 
out-of-school youth.
CHAPTER V
GOVERNMENT ASSISTANCE AND SUPPORT
SEC. 11. Government Assistance. -  The National Government, through its 
agencies and instrumentalities shall provide the following:
a) 
Education -  The Department of Education (DepEd), TESDA and the 
Commission 
on 
Higher Education 
(CHED), 
in 
consultation 
with 
non­
government organizations (NGOs) shall institute a program that will ensure 
access to formal and non-formal education;
b) 
Health -  The Department of Health (DOH), in coordination with local 
government units (LGUs), and NGOs shall institute a national health program 
and shall provide an integral health service for out-of-school youth;
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c) 
Social Services -  The Department of Social Welfare and Development 
(DSWD), in cooperation with the Out-of-School Youth and Welfare Council 
created under Section 28 of this Act, LGUs, and NGOs shall develop and 
implement 
programs 
on 
social 
services for out-of-school 
youth, 
the 
components of which are:
1) 
Social Enhancement Sen/ices which provide the out-of-school 
youth with opportunities for socializing, organizing creative expression, and 
improvement of self;
2) 
After Care Sen/ices for out-of-school youth who are discharged 
from the homes or institutions of the DSWD, especially those who have 
problems of reintegration with family and community.
d) 
Employment -  The Department of Labor and Employment (DOLE), in 
coordination with other government agencies such as, but not limited to, the 
Technology and Livelihood Resource Center (TLRC) and the Department of 
Trade and Industry (DTI), shall assess, design, and implement training 
programs that will provide skills and welfare or livelihood support for out-of­
school youth.
CHAPTER V I 
EDUCATION
SEC. 12. Mandatory Technical/Vocationa! Education. -  It shall be the 
duty of the State to provide mandatory technical/vocational education to out-of­
school youth. The course shall be regulated by TESDA and shall be for a period of at 
least six (6) months.
26 
SEC. 
13. Education Cost and Support. -  The technical/vocational
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education shall be offered by the State free of charge to the out-of-school youth.
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The State shall likewise provide materials, instruments, and tools that the out-of-
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school youth may need while enrolled in a technical/vocational course.


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SEC. 14. TESDA Adviser. -  An officer of the TESDA shall be assigned as a
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TESDA Adviser who will monitor the progress and development of the out-of-school
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youth in the chosen technical/vocational course.
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SEC. 15. Promotion to Formal Tertiary Education. -  The TESDA adviser,
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subject to review by the Out-of-School Youth Welfare Council as provided for in
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Section 26 of this Act, may recommend an out-of-school youth to be a recipient of a
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scholarship grant from the CHED. 
Without prejudice to Republic Act No. 10687 or
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the Unified Student Financial System for Tertiary Education Act (UniFAST), the
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scholarship grant shall include tuition fee, boarding allowance, and a monthly
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stipend.
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SEC. 16. Scholarship Bond. -  The out-of-school youth who avails of the
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scholarship from the government shall execute a scholarship bond. The scholarship
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bond shall provide that upon successfully completing tertiary education, the out-of-
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school youth shall render service to the government for at least two (2) years.
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SEC. 17. Entrepreneurial Education. -  The TESDA shall conduct a training
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program to provide the out-of-school youth with the knowledge, skills and
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motivation to encourage entrepreneurial success. The program shall include small
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business management education and new approaches on how to promote innovation
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or introduce new products or services to the markets.
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SEC. 18. Alternative Learning System. -  The Alternative Learning Mode of
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Education shall be made available to out-of-school youth in the barangays.
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For out-of-school youth who are in the custody of a home or an institution
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managed by the DSWD, the latter shall conduct the Alternative Learning System
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under its premises.
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CHAPTER V II
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EMPLOYMENT AND ENTREPRENEURAL FACILITATION
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SEC. 19. Employment. -  Out-of-school youth who have the capacity and
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desire to work shall be provided employment opportunities to enable them to be
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productive members of the society.
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SEC. 20. Entrepreneurial Facilitation. -  The State shall establish a
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community-based method of addressing the needs and barriers facing out-of-school
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youth entrepreneurs. The objective of entrepreneurial facilitation is to encourage
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and retain a diverse and robust local entrepreneurial economy that leads to more
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opportunities for the out-of-school youth.
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SEC. 21. Right to Decent Work. -  The State shall progressively realize and
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ensure decent work standards for TESDA graduates, which involve the creation of
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jobs of acceptable quality in conditions of freedom, equity, security, and human
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dignity.
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The State shall further ensure;
a) 
Decent work involves opportunities for work that are productive and 
fairly remunerative as family living wage, security in the workplace, and social 
protection for families, better prospects for personal development and social 
integration, freedom for people to express their concerns, organize, and 
participate in the decisions that affect their lives, and equality of opportunity 
and treatment for all women and men; and
b) 
That the State shall exert all efforts to address the causes of out­
migration, in recognition of the temporary nature of overseas work, 
by 
developing local employment and other economic opportunities for TESDA 
graduates and by introducing measures to curb violence and forced and 
involuntary displacement of local employees. The State shall ensure the 
protection and promotion of the rights and welfare of migrant TESDA 
graduates regardless of their work status, and protect them against


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discrimination in wages, conditions of work, and employment opportunities in
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host countries.
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SEC. 22. Social Protection.-
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a) 
The State shall ensure that out-of-school youth workers and TESDA
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graduates shall have a mandatory life, accident, and health insurance
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coverage to be provided for by their employer.
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b) 
The State shall institute policies and programs that seek to reduce the
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poverty and vulnerability to risks and enhance the social status and rights of
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out-of-school youth by promoting and protecting livelihood and employment,
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protecting against hazards and sudden loss of income, and improving people's
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capacity to manage risks.
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c) 
The State shall establish a health insurance program for the out-of-
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school youth.
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CHAPTER V III
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ESPECIALLY DIFFICULT CIRCUMSTANCE
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SEC. 23. Especially D ifficult Circumstance. -  Out-of-school youth who are
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in especially difficult circumstances such as victims and survivors of sexual and
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physical abuse, illegal recruitment, prostitution, trafficking, armed conflict, out-of-
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school youth in detention, victims and survivors of rape and incest, and such other
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related circumstances which have incapacitated them functionally, shall be provided
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with services and interventions as necessary such as but not limited to the following:
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a) Temporary and protective custody;
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b) Medical and dental services;
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c) Psychological evaluation;
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d) Counseling;
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e) Psychiatric evaluation;


f) Legal services;
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g) Productivity skill capability building;
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h) Livelihood assistance; and
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i) Financial assistance.
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SEC. 24. Inter-agency Support. -  The Out-of-School Youth Welfare Council
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(OSYWC) 
shall 
ensure that the 
out-of-school 
youth 
in 
especially 
difficult
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circumstances will be provided for with the aforementioned interventions and
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services when necessary. The DSWD, DOJ, and DOH in coordination with the
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appropriate LCD shall lead the rehabilitation of the out-of-school youth.
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SEC. 25. Duty o f the LGU. -  It is the duty of the LGU where the out-of-
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school youth resides to deliver the necessary services and interventions under their
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respective jurisdictions.
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CHAPTER IX
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ADMINISTRATION AND ENFORCEMENT
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SEC. 26. Out-of-School Youth Welfare Council; Board o f Directors. -
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There is hereby established an inter-agency council known as the Out-of-School
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Youth Welfare Council (OSYWC). Its administration shall be vested exclusively in its
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Board of Directors which shall be composed of the following:
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a) 
DSWD Secretary or a duly authorized representative, as Chairperson;
b) 
DepEd Secretary or a duly authorized 
representative, as Vice- 
Chairperson;
c) 
DOH Secretary or a duly authorized representative, as member;
d) 
DOLE Secretary or a duly authorized representative, as member;
e) 
TESDA Director General or a duly authorized representative, as 
member;
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f) 
National Youth Commission (NYC) Chairperson or a duly authorized
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representative, as member;
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g) 
Two (2) representatives from the private sector, as members; and
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h) 
One (1) representative from an NGO known for its work and advocacy
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in promoting the rights and welfare of out-of-school youth, as member.
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The members of the Board from the private sector and from a recognized
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NGO shall be appointed by the President for a term of three (3) years and are
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eligible for reappointment to another term.
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The DSWD shall establish the necessary secretariat for the Council.
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SEC. 27. Powers and Responsibilities. -  The OSYWC shall exercise the
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following powers and functions:
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a) 
To plan, implement, and monitor yearly work programs in pursuance to
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the objectives of this Act;
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b) 
To provide funds and supervision for provincial and municipal offices for
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the implementation of this Act.
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c) 
To assist the out-of-school youth in filing complaints or charges against
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any person, establishment, institution, or agency refusing to comply with the
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rights under this Act before the Department of Justice (DOJ) or the
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appropriate courts.
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SEC. 28. Responsibility o f Local Governments. -  It shall be the
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responsibility of the local chief executive of the cities or municipalities to ensure the
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effective implementation of the provisions of this Act.
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SEC. 29. Out-of-Schoo! Youth Office (OSYO). -There may be established
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in cities and municipalities, if they deem it necessary, an Out-of-School Youth Office
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(OSYO) to be headed by a person known to be an advocate in promoting the rights
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and welfare of out-of-school youth, to be appointed by the municipal or city mayor.
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The term of office of the head of the OSYO shall be coterminous with the appointing
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authority unless sooner removed for causes mentioned in the civil service rules and
2 
regulations.
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The head of the OSYO shall be entitled to receive an honorarium of an
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amount at least equivalent to Salary Grade 10 to be approved and appropriated for
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in an ordinance by the LGU concerned.
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The head of the OSYO shall be assisted by the City Social Welfare and
7 
Development Officer, in coordination with the Social Welfare and Development
8 
Office.
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The Office of the Mayor shall exercise supervision over the OSYO relative to
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their plans, activities and programs for the out-of-school youth. The OSYO shall work
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together and establish linkages with accredited NGOs and the barangays in their
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respective areas.
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The OSYO shall have the following functions:
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a) 
To draw up a list of available and required services which can be
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provided for out-of-school youth;
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b) 
To maintain and regularly update on an annual basis the list of out-of-
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school youth and to issue nationally uniform individual identification cards,
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free of charge, which shall be valid anywhere in the country;
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c) 
To serve as a general information and liaison center to serve the needs
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of the out-of-school youth;
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d) 
To coordinate with the OSYWC and monitor compliance of the
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provisions of this Act;
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e) 
To report to the mayor, any individual, establishments, business entity,
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institutions, or agency found violating any provision of this Act; and
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f) 
To require all establishments covered by this Act to prominently display
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posters, stickers, and other notices that will generate public awareness on the
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right and welfare of out-of-school youth and to ensure that the provisions of
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this Act are implemented to its fullest.
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SEC 30. Role o f Non-Government Organizations. -  Non-government
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organizations or private volunteer organizations dedicated to the promotion,
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enhancement, and support of the welfare of out-of-school youth are hereby
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encouraged to become partners of government in the implementation of programs
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and projects for the out-of-school youth.
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CHAPTER X
10 
FINAL PROVISIONS
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SEC 31. Penalties. -  Any person who violates any provision of this Act shall,
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upon conviction, suffer the following penalties:
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a) 
For the first violation, imprisonment of not less than six (6) months but
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not more than two (2) years and fine of not less than Fifty Thousand pesos
16 
(P50,000.00) but nor more than One Hundred Thousand Pesos (P100,000.00);
17 
b) 
For any subsequent violation, imprisonment of not less than two (2)
18 
years but not more than six (6) years and a fine of not less than One Hundred
19 
Thousand Pesos (P100,000.00) but not more than Two Hundred Thousand
20 
Pesos (P200,000.00); and
21 
c) 
Any person who avails of any of the benefits and privileges granted
22 
under this Act who is not qualified to avail the same, imprisonment of not less
23 
than six (6) months and fine of not 
less than 
Fifty Thousand Pesos
24 
(P50,000.00) but not more than One Hundred Thousand Pesos (P100,000.00).
25 
If the offender is a corporation, organization or any similar entity, the officials
26 
thereof directly involved in the violation or abuse shall be liable therefor.
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If the offender is an alien or foreigner, he shall be deported immediately upon
28 
service of sentence without further proceedings.
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Upon filing of the appropriate complaint or information, the proper
2 
authorities, in coordination with the concerned LGU, shall cause the cancellation or
3 
revocation of the business permit, permit to operate, franchise, and other similar
4 
privileges granted to any business entity or person that fails to abide by or violates
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the provisions of this Act.
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SEC. 32. Im plem enting Rules and Regulations. -  Within ninety (90) days
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from the effectivity of this Act, the Board of Directors of the OSYW Council shall
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promulgate the implementing rules and regulations as may be necessary to ensure
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the efficient and effective implementation of this Act, in consultation with other
10 
stakeholders including NGOs or peoples organizations for the out-of-school youth
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duly accredited by the DSWD.
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SEC. 33. Appropriations. - The necessary appropriations for the initial
13 
operation and maintenance of the OSYWC shall be appropriated from any available
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funds from the National Treasury. Thereafter, any such sums as may be needed for
15 
the continued implementation of this Act shall be included in the annual General
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Appropriations Act of the respective agencies.
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SEC. 34. Separability Clause. -  Should any part of this Act be declared
18 
unconstitutional, the rest of the provisions of this Act not affected shall continue to
19 
be in effect and subsisting.
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SEC. 35. Repealing Clause. -  The provisions of other laws, decrees,
21 
executive orders, rules and regulations inconsistent with this Act are hereby
22 
repealed, amended, or modified accordingly.
23 
SEC. 36. Effectivity. -  This Act shall take effect fifteen (15) days after its
24 
publication in the Official Gazette or in at least two (2) national newspapers of
25 
general circulation.
Approved,
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