g.T,, 
.1 
: 
' i
'Pii •'I!
EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
20 DECU P10:26
RECc:VT; SV
SENATE
Senate Bill No. 1949
INTRODUCED BY SENATOR CHRISTOPHER LAWRENCE "BONG" T. GO
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 
FOR OTHER PURPOSES
EXPLANATORY NOTE
This particular bill, the third version I filed, is the result of a series of 
consultations and meetings among the Executive agencies, specifically those which 
will be primarily affected by the restructuring that will be occasioned by this measure, 
held after the filing of the first two versions. It represents the unified position of the 
entire Executive branch of the government on this measure, one that they believe will 
enable the proposed Department to address the most crucial problems, deliver the 
most important services, and ultimately achieve its goals.
Despite, however, it being the third version, the underlying policy and rationale 
behind the bill remains the same. The Department is the streamlining of how the 
government responds to the needs of overseas Filipinos and their families. It puts 
together all government agencies with functions related to the delivery of services to 
overseas Filipinos under a single roof, the ultimate goal of which is to make such 
services more accessible and the delivery thereof more responsive. Led by a Secretary, 
and operating in close coordination and cooperation with the Department of Foreign 
Affairs, the Department is envisioned to be a world-class agency which will deliver its 
promises and more.


This is the third and, perhaps, the best version of the measure. For this, the
SENATOR CHRIS^frHER "BONG" T. GO


/;r
■’-'■■r ‘ 
jf jiu" & • cell u
EIGHTEENTH CONGRESS OF THE 
)
REPUBUC OF THE PHILIPPINES 
)
Second Regular Session 
)
SENATE
Senate Bill No.l949
20 DEC 14 A10.-27
RECtiV.:: > %
INTRODUCED BY SENATOR CHRISTOPHER LAWRENCE "BONG" T. GO
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 
FOR OTHER PURPOSES
1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
Section 1. Short Title. - This Act shall be known as the "Department of 
Overseas Filipinos Act of 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;


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
c. While recognizing the significant contribution of Overseas Filipinos, including 
Overseas Fiiipino 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 
nationai deveiopment. 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 continuously aim 
to make overseas employment a choice of last resort and not a necessity for 
every Filipino citizen;
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 
all times, uphold the dignity of its citizens, whether in-country or overseas, 
continuousiy ensure implementation of bilateral agreements with countries of 
destination and monitor international conventions and related instruments in 
order to adopt or ratify those agreements that guarantee protection to 
Overseas Filipinos;
e. The State shali afford full protection to Overseas Filipinos, inciuding OFWs, 
promote full employment, ensure equal work opportunities regardless of sex, 
gender, race, ethnicity, color, disability, 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 significant role of women and the youth 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


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
formulation and implementation of its policies and programs. The State shali 
formulate policies to further the protection and assistance to migrant children;
g. Free access to the courts, quasi-judicial bodies, and adequate legai 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 for 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


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
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):
1. 
Collect and utilize accurate and disaggregated data as a basis for 
evidence-based policies;
2. 
Minimize the adverse drivers and structural factors that compel people 
to leave the country;
3. 
Provide accurate and timely information at all stages of migration;
4. 
Ensure that all migrants have proof of legal identity and adequate 
documentation;
5. 
Enhance availability and flexibility of pathways for regular migration;
6. 
Facilitate fair and ethical recruitment and safeguard conditions that 
ensure decent work;
7. 
Address and reduce vulnerabilities in migration;
8. 
Save lives and establish coordinated international efforts on missing 
migrants;
9. 
Strengthen the transnational response to smuggling of migrants;


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
10. 
Prevent, combat and eradicate trafficking in persons in the context of 
international migration;
11. 
Manage borders in an integrated, secure and coordinated manner;
12. 
Strengthen certainty and predictability in migration procedures for 
appropriate screening, assessment and referral;
13. 
Use migration detention only as a measure of last resort and work 
towards alternatives;
14. 
Enhance consular protection, assistance and cooperation throughout the 
migration cycle;
15. 
Provide access to basic services for migrants;
16. 
Empower migrants and societies to realize full Inclusion and social 
cohesion;
17. 
Eliminate all forms of discrimination and promote evidence-based public 
discourse to shape perceptions of migration;
18. 
Invest in skills development and facilitate mutual recognition of skills, 
qualifications and competencies;
19. 
Create conditions for migrants and diasporas to fully contribute to 
sustainable development in all countries;
20. 
Promote faster, safer and cheaper transfer of remittances and foster 
financial inclusion of migrants;


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
21. 
Cooperate in facilitating the safe and dignified return and readmission 
of migrants as well as their sustainable reintegration into their home 
countries;
22. 
Establish mechanisms for the portability of social security entitlements 
and earned benefits; and
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 or working;
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;


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
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, placement, 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 outside the Philippines, 
whether land-based or sea-based; Provided, That a Filipino who is qualified 
under a government-recognized exchange visitor program for cultural and 
educational purposes and not primarily for employment purposes, even if 
remunerated, is not considered an OFW. For purposes of this provision, a 
person engaged in remunerated activity covers a person who has been 
contracted for overseas employment but has yet to leave the Philippines;


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
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;
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 and sustainable return of OFWs into 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.


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
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 
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. 8042, as amended by Republic Act No. 10022, otherwise 
known as the Migrant Workers and Overseas Filipinos Act, as amended, and 
other existing laws and other issuances;
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 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;


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
h. Assess, review, harmonize, and provide technical inputs and guidance on the 
negotiation and impiementation of biiateral and multilateral agreements. 
Initiatives and programs, including intergovernmental processes, which 
primarily concern migration or overseas Filipinos, in coordination with the 
Department of Foreign Affairs;
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, in coordination 
with the Department of Foreign Affairs;
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, 
the Maritime Industry 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 workers;
10


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
n. Administer the generation, accumulation, and utilization of funds for the benefit 
of overseas Filipinos;
0. 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, placement, 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, in coordination and cooperation with the Department of Foreign 
Affairs, Philippine interests pertaining to overseas Filipinos in regional, sub­
regional, bilateral, and multilateral fora and international bodies, and negotiate 
on matters concerning overseas Filipinos;
t. Promulgate rules and regulations for the implementation of pertinent laws and 
policies relating to overseas Filipinos;
u. Accept, hold, administer, and utilize properties, subject to limitations set by 
existing laws, in pursuit of the mandate of the Department;
11


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
V. Perform all 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;
w. 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;
X. 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, as 
amended by Republic Act No. 10022, Republic Act No. 10801 or the Overseas 
Workers Welfare Administration Act, and other related laws;
y. All functions relating to overseas employment being performed by offices under 
the DOLE, which are not among those listed therein, including the power of the 
DOLE Secretary as regards the imposition of prohibition and/or regulation on 
direct hiring, shall likewise be subsumed to and assumed by the Department; 
and
z. 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 poiicy 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
12


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
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 responsibility 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;
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;
13


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
f. Negotiate with foreign countries' governments, in coordination and cooperation 
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;
0. Promulgate and implement the implementing rules and regulations of this Act; 
and
14


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
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 Secretary shall have the authority to assess and evaluate, 
and on the basis of which, transfer, delineate, reassign, or reorganize the functional 
areas or responsibilities of each office as he may deem necessary. The Secretary is 
further authorized to recommend the creation of additional Undersecretary and 
Assistant Secretary posts and other positions as may be necessary, subject to existing 
laws, rules, and regulations.
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;
3. Supervise and control the operational activities of the Assistant Secretary 
heading each of the following units:
15


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
i. Human Resources, Regional Operations, Assets Management, 
and Records and Archives; and
ii. Legai Department and Bids and Awards Committee; and
4. Perform such other functions as may be provided by law or assigned by 
the Secretary.
b. 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.
c. 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)
16


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
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;
4. 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;
5. 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;
6. 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, as appropriate, to 
complement government services and resources to provide legal and 
other forms of assistance to OFs in distress and OFWs;
17


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
7. 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;
8. Exercise control and supervision over the Assistant Secretary heading 
each of the following units: (i) Operations; and (ii) Public Assistance 
Center; and
9. Perform such other functions as may be provided by law or assigned by 
the Secretary.
d. Office of the Undersecretary for Policy and International Cooperation and 
Special Overseas Filipino 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 Overseas Filipinos. 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 Unit 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 Unit;
18


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
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;
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
10. Perform such other functions as may be provided by law or assigned by 
the Secretary.
There shall be an Office for Internal Audit which shall conduct objective 
evaluation of the Department's extent of compliance with its mandate, functions, 
programs, projects, activities, and outputs.
Sec. 9. Qualifications. - No person shall be appointed as Secretary, 
Undersecretary, or Assistant Secretary of the Department unless he is a citizen and 
resident of the Philippines, of good moral character, of proven integrity and
19


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
competence in public administration, and has recognized expertise in governance 
involving overseas Filipinos.
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 shall 
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
20


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
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.
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,
17 
validation of overseas job offers, reintegration services and all pertinent seminars and
18 
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, which shall be consolidated into 
the ATN Fund, 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.
With the transfer of the ATN Fund to the Department, a Consular Assistance 
Fund is hereby created for the DFA. Until such time that all foreign service posts are
21


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
assigned ATN personnel from the Department, the DFA shall retain a portion of the 
ATN Fund, which shall become and form part of the initial funds of the Consular 
Assistance Fund, necessary for the discharge of its consular functions and its mandate 
on the protection of nationals abroad.
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 
Filipinos 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;
22


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
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 cases 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;
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 Illegal Recruitment and Trafficking in 
Persons;
n. 
Provide assistance to kidnapping and hostage victims;
o. Conduct prison and hospital visitation, and attend court hearings;
23


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
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 shall establish the Assistance-to-Nationals Unit. The 
qualifications, hiring and selection, continuous training and education, merit 
promotion system, and rotation system for deployment and recall of ATN Officers shall 
also be established by the Department, in accordance with existing civil service rules 
and regulations.
ATN Officers shall be deployed in post and designated as attache, with prior 
clearance from the Secretary of Foreign Affairs. ATN Officers shall have the following 
duties and responsibilities:
a. 
Repatriation of distressed and undocumented Filipinos;
b. 
Assistance to victims of natural and man-made disasters;
c. 
Monitoring of court cases of Filipinos;
d. 
Attending to police cases involving Filipinos such as but not limited to 
sexual assault, theft/robbery, drug use/drug trafficking, 
fraud/falsificatlon/forgery, murder/homicide, trafficking in persons, etc.;
e. 
Prison visitation including counselling and provision of consular services;
f. 
Coordination with next-of-kin or relatives on police and immigration cases; 
and
24


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
g. Attending to death of Filipinos including repatriation of remains or 
personal belongings and issuance of mortuary certificate.
In this regard, all Incidents relating to provision of ATN services shall be 
consistent with the implementation of the One Country-Team Approach.
The functions of the ATN Office and the ATN Officers shall complement the 
diplomatic and consular functions of the DFA in the performance of the latter's 
mandate under the third pillar of Philippine Foreign Policy.
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 Filipinos themselves;
b. Refer requests to the concerned Foreign Service Post;
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 Unit 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.
25


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
The Secretary of the Department shall designate an ATN Head to a foreign post 
among the ATN officers or employees appointed by him. The ATN Head shali have an 
assimilated rank.
All regional offices of the OWWA shall be located, as much as practicable, 
beside the regional office of the Department wherein the ATN Unit is located. The 
OWWA shall form part of the migration team of the ATN Unit.
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 foiiowing 
services:
a. Temporary sheiter to distressed OFWs;
b. Counselling and legal services;
c. Weifare 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;
26


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
h. Orientation program for returning workers and other migrants;
i. 
Monitoring of the daiiy 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:
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 avaiiabie 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. - Linder the one country-team 
approach, all officers, representatives, and personnel of the Philippine government
27


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
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, through the Secretary of the Department of Foreign Affairs, may recommend 
to the Secretary the recall of officers, representatives, and personnel of the 
Department posted abroad for misbehavior, misconduct or commission of other acts 
which may be deemed prejudicial or inimical to the national interest or in case of 
failure to provide the necessary services to protect the rights of overseas Filipinos or 
to perform the duties and responsibilities required of ATN Officers under this law.
Upon request of the Secretary of Foreign Affairs, the Department of Overseas 
Filipinos shall recall the ATN Officer.
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 Overseas Filipinos (CFO);
28


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
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).
Sec. 20. Attached agencies. - The Philippine Overseas Employment 
Administration (POEA) and the Overseas Workers Welfare Administration shall be 
attached to the Department.
The POEA, created under Executive Order 247 Series of 1987 and Republic Act 
No. 8042, as amended, is attached to the Department of Overseas Filipinos for 
purposes of policy and program coordination. The POEA shall continue to function in 
accordance with its charter.
The OWWA, created under Republic Act No. 10801, is attached to the 
Department of Overseas Filipinos for purposes of policy and program coordination. 
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.
The original and exclusive jurisdiction of the National Labor Relations 
Commission over monetary claims arising out of an employer-employee relationship 
or by virtue of any law or contract involving overseas deployment or employment of 
Filipino workers, including claims for actual, moral, exemplary, and other forms of 
damages, is hereby transferred back to the POEA within one (1) year from the 
effectivity of this Act. The POEA shall likewise assume original and exclusive
29


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
jurisdiction over disputes relating to OFWs covered by collective bargaining 
agreements which are previously filed before the National Conciliation and Mediation 
Board.
The Department shall exercise appellate jurisdiction over decisions, orders, 
resolutions, and judgments of the POEA. The decisions, orders, resolutions, and 
judgments on appeal by the Department shall be appealable to the Court of Appeals 
in accordance with the Rules of Court.
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
30


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
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
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 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 shaii be entitled to the 
benefits under applicable laws, rules and regulations.
31


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
Sec. 22. Absorption, separation, and retirement from service. - The
existing employees of the transferred and subsumed agencies under this Act shall 
enjoy security of tenure and shall be absorbed by the Department, in accordance with 
their staffing patterns and the selection process as prescribed under Republic Act. No. 
6656 or the Government Reorganization Law.
Employees 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
32


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
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.
Sec. 23. Transition period. - The transfer of functions, assets, funds, 
equipment, properties, transactions, and personnel of the affected agencies, and the 
formulation of the internal 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 shall have been issued: Provided, further. 
That after the organization and rationalization process, the Department, in 
coordination with the DBM, shali determine and create new positions, the funding 
requirements of which shall not exceed the equivalent cost of the positions subsumed.
Sec. 24. Congressionai Oversight Committee. - There shall be created a 
Congressional Oversight Committee on Overseas Filipinos to monitor and oversee the 
implementation of the provisions of this Act.
33


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
The Committee shall 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 shall be 
entitled 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 shouid 
circumstances prove that there is no more need for its existence. The relevance and 
practicality of maintaining the Department shail be reviewed every five (5) years after 
the ten (10) year mandatory review period.
Sec. 27. Impiementing ruies and reguiations. - 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
34


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16 
17
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), shail, 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.
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,
35