Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

3576

HOUSE BILL NO.

Introduced by
OFW Family Party-List Representative ROY V. SENERES

EXPLANATORY NOTE

This bill is in furtherance of relevant provisions of the Constitution, and
the Family Code of the Philippines, to wit:

1, Section 12, Article Il, of the Constitution states: “The State
recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. It
shall equally protect the life of the mother and the life of unborn
from conception. The natural and primary right and duty of
parents in the rearing of the youth for civic efficiency and the
development of moral character shall receive the support of the
Government.”

2. Section 1, Article XV, of the Constitution provides: “The State
recognizes the Filipino family as the foundation of the nation.
‘Accordingly, it shall strengthen its solidarity and actively
promote its total development.”

3. Section 3, (2) of the same article which says: “The State shall
defend: (2) The right of children to assistance, including proper.
care and nutrition, and special protection from all forms of
neglect, abuse, cruelty, exploitation, and other conditions
prejudicial to their development.”

4. Article 149 of the Family Code states that: “The family, being
the foundation of the nation, is a basic social institution which
public policy cherishes and protects. Consequently family
felations are governed by law and no custom, practice or
agreement destructive ‘of the family shall be recognized or given
effect.”

5. Article 194 of the Family Code states: "Support comprises
everything indispensable for sustenance, dwelling, clothing,
medical attendance, education and transportation, in keeping
with the financial capacity of the family.


The education of the person entitled to be supported referred to
in the preceding paragraph shall include his schooling or training
for some profession, trade or vocation, even beyond the age of
majority. Transportation shall include expenses in going to and
from school, or to and from place of work.”

6. Article 195 of the Family Code states: "Subject to the provisions
of the succeeding articles, the following are obliged to support
each other to the whole extent set forth in the preceding article:

(1) | The spouses;

(2) Legitimate ascendants and descendants;

(3) Parents and their legitimate children and the legitimate
and illegitimate children of the latter;

(4) Parents and their illegitimate children and the
legitimate and illegitimate children of the latter, and

(5) Legitimate brothers and sisters, whether of the full or
half-blood.”

As more Filipinos work overseas, the necessary consequence is for
them to leave behind their families in the Philippines. Filipinos primarily
go to work abroad in order to provide for the needs of their family. They
ieave behind their family in the hope of earning and saving for their
future. However, there have been reports of families or dependents of
OFWs who have complained of the failure of their OFW relatives to send
support to them. This is particularly true for many families of land-based
OFWs since there is no law or rules and regulations which require them to
remit a portion of their foreign exchange earnings to their families in the
Philippines.

Recognizing that the State also needs to protect the welfare of the
families or dependents of OFWs who have been neglected and abandoned
by their OFW relatives, this measure aims to mandate our OFWs to remit
or send a portion of their foreign exchange earnings to their family or
dependents in the Philippines. In order to secure the solidarity of the
family and the protection of children, this measure seeks to address the
unfortunate experiences of families or dependents of OFWs who do not
receive the financial support that they are entitled to under existing laws.
For this reason, it also seeks to authorize Ambassadors, Consul Generals,
Chiefs of Missions or Charge d’ Affairs to order and direct an overseas
Filipino worker (OFW) to send support to his or her legal dependents as

required by existing laws.
is a

*
|ENERES

In view of the foregoing, approval of


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

House Brio, 3978

Introduced by
OFW Family Party-List Representative ROY V. SENERES

AN ACT
AUTHORIZING AMBASSADORS, CONSUL GENERALS, CHIEFS OF
MISSIONS OR CHARGE D’ AFFAIRS TO ORDER AND DIRECT AN
OVERSEAS FILIPINO WORKER (OFW) TO SEND SUPPORT TO HIS
OR HER LEGAL DEPENDENTS AS REQUIRED BY EXISTING LAWS

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

SECTION 1. Remittance of Foreign Exchange Earnings. —
Overseas Filipino Workers (OFWs), whether sea-based or land-based are
required to remit regularly a portion of their foreign exchange earnings to
their family or legal dependent recipient in the Philippines through the
Philippine banking system or any authorized credit unions, money transfer
operators or through the postal mail. Private employment agencies and
other entities authorized by the Philippine Overseas Employment
‘Administration (POEA) to recruit Filipino workers for overseas employment
are similarly required to assist OFWs in the remittance of their foreign
exchange earnings as provided for in this Act.

SEC. 2. Obligations and Duties of Overseas Filipino Workers.
~ It shall be the obligation and duty of every OFW to continue to observe
and respect the laws, customs, traditions and practices of the Philippines
wherever they may be. It,shall also be the obligation and duty of every
OFW to provide material or financial and moral support to one’s family or
dependent in the Philippines during the period of overseas employment.


SEC. 3, Designated Recipient of Support. -The designated
recipient of support of the OFW shall be one of those entitled to support
from the OFW under existing laws. The designation of a recipient or
dependent shall be in accordance with the enumeration in Article 195 of
Executive Order No. 209, otherwise known as the "Family Code of the
Philippines” which pertains to those who are obliged to support each
other,

SEC. 4. Proof of Remittance. - For purposes of this Act, proof of
compliance with the mandatory remittance requirement as mentioned in
Section 1 hereof, may consist of any of the following documents showing
that the OFW had in fact effected the aforesaid remittance to his or her
designated recipient or dependent:

2) Confirmed bank (foreign) remittance receipt;

b) _ Receipt of International Postal Money Order;

©) ASworn Statement from the dependent that said support has
already been satisfied and/or settled;

SEC. 5, Ambassadors, Consul Generals, Chiefs of Mission or
Charge d’ Affairs Authorized to Withhold Renewal or Approval of
Passport. - Passports issued to OFWs may be renewed by the
Department of Foreign Affairs (DFA) upon submission of the usual
requirements and presentation of documentary proof of compliance to the
remittance requirement provided for in this Act. Upon receipt of a duly
notarized Complaint for Support from any OFW dependent, which sworn
statement duly authenticated by the Mayor or Governor of the
dependent's place of residence, Ambassadors, Consul Generals, Chiefs of
Mission or Charge d’ Affairs are authorized to withhold the renewal or
approval of the passport of an erring OFW unless proof of compliance of
the remittance requirement of his financial support is submitted.

SEC. 6. Implementing Rules and Regulations. - Within sixty
(60) days from the effectivity of this Act, the Secretary of the Department
of Foreign Affairs (DFA) in consultation with the Secretary of the
Department of Labor and Employment (DOLE), the Administrator of the


Philippine Overseas Employment Administration (POEA), the Administrator
of the Overseas Workers Welfare Administration (OWWA), shall
promulgate the necessary rules and regulations for the effective
implementation of this Act.

SEC. 7. Non-impairment Clause. - Nothing in this Act shall be
construed to diminish, impair or repeal the rights granted to OFWs under
existing laws, rules and regulations.

SEC. 8. Separability Clause. - If any provision or part of this
Act is declared unconstitutional or invalid, the remaining parts or
provisions not affected shall remain in full force and effect.

SEC. 9. Repealing Clause. - Ail laws, decrees, ordinances,
rules and regulations and other issuances or parts thereof, which are
inconsistent with this Act, are hereby repealed or modified accordingly.

SEC. 10. Effectivity Clause. - This Act shall take effect fifteen
(15) days after publication in the Official Gazette or in two (2) national

newspapers of general circulation.

Approved,