Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. ________ 
INTRODUCED BY REP. PM VARGAS 
AN ACT 
PROVIDING FOR THE MAGNA CARTA OF THE OUT-OF SCHOOL YOUTH 
EXPLANATORY NOTE 
Enshrined in the 1987 Constitution, Section 13, Article II is the State’s 
function in the recognition of the vital role of the youth in nation-building as 
well as its role to protect and promote their physical, moral spiritual, 
intellectual, and social well-being, and to inculcate in the youth, patriotism, 
and nationalism, and encourage their involvement in public and civic affairs. 
The Philippine Statistics Authority (PSA), however, estimates that there 
are over 39 million Filipinos who are out-of-school children and youth (OSCY). 
Among these OSCY’s, many are not gainfully employed and have not finished 
college or post-secondary school.1    
While it is the goal of the State to keep every youth in school, many out-
of-school youths are victims of circumstances related to early marriages and 
family matters (42.3%), financial constraints to afford the high cost of 
education, or simply lack the interest to pursue schooling (19%).2  
Given these challenges encountered by the out-of-school youth, the 
State, as their guardian, must provide access to educational opportunities 
and ensure that they are given fair chances in life for their personal 
development and future success. 
The Magna of the Out-of-School Youth is a bill that seeks to protect, 
uphold and expound the human rights of OSYs as recognized by the State. 
Further, this legislation shall mandate an affirmative action program by the 
1 Philippine Statistics Authority.2017. Annual Poverty Indicators Survey. 
2 Ibid. 
March 1, 2023
3:59 pm
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government to improve the welfare and quality of life of the out-of-school 
youth, in the spirit of social justice and equity.  
By creating safety nets for the OSY, the measure aims to empower young 
people, especially the marginalized, and give them access to the same 
possibilities that every Filipino is entitled to.   
In view of the foregoing, approval of this bill is urgently sought. 
REP. PM VARGAS   
Fifth District, Quezon City 


Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. _______ 
INTRODUCED BY REP. PM VARGAS 
AN ACT 
PROVIDING FOR THE MAGNA CARTA OF THE OUT-OF SCHOOL YOUTH 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. – This Act shall be known as the “Magna Carta of 
the Out-of-School Youth”. 
SECTION 2. Declaration of Policy. – It is hereby declared that the State 
values the dignity of every human person and guarantees full respect for 
human rights. The State, therefore, recognizes the right of out-of-school youth 
to social protection and development. Towards this end, the State shall 
promulgate measures to achieve the following objectives:  
a) Inspire and encourage the out-of-school youth to contribute to
nation-building;
b) Recognize the rights of out-of-school youth in society;
c) Provide an Alternative Learning System and program for
technical/vocational;
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.
SECTION 3. Definition. – As used in this Act: 
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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 of 
all out-of-school youth by promoting and protecting livelihood and 
employment, protecting against hazards and sudden loss of income, 
and improving people’s capacity to manage risk. Its components are 
labor market programs, social insurance, social welfare, and social 
safety nets; 
 
d) Substantive Equality refers to the full and equal enjoyment of rights and 
freedoms contemplated under this Act and encompasses de jure and de 
facto equality and also equality in outcomes; 
 
e) Technical/Vocational Education refers to training for a specific 
occupation in agriculture, trade, or industry through a combination of 
theoretical teaching and practical experience provided by many high 
schools in their commercial and technical divisions, and by special 
institutions of collegiate standing; and 
 
f) TESDA Graduate refer to out-of-school youth who completed a 
technical/vocational course with Technical Education and Skills 
Development Authority (TESDA). 
 
CHAPTER II 
DUTIES RELATED TO THE HUMAN RIGHTS 
OF OUT-OF-SCHOOL-YOUTH 
 
SECTION 4. The State as the Primary Duty-Bearer. – The State, as the 
primary duty-bearer, shall; 
 
a) Refrain from discriminating against out-of-school youth and 
violation their rights; 


b) Protect the out-of-school youth against discrimination and from 
violation of their rights by private corporations, entities, and 
individuals; and 
 
c) Promote and fulfill the rights of out-of-school youth in all spheres, 
including 
their 
rights 
to 
substantive 
equality 
and 
non-
discrimination. 
 
The State shall fulfill these duties though law, policy, regulatory 
instruments, administrative guidelines, and other appropriate measures, 
including temporary special measures. 
 
The State shall keep abreast with and be guided by progressive 
developments in human rights of out-of-school youth under international law 
and design of policies, laws, and other measures to promote the objectives of 
this Act. 
 
SECTION 5. Duties of 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, 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 III 
RIGHTS AND EMPOWERMENT 
 
SECTION 6. Human Rights of Out-of-School 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. 
 
SECTION 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 attain justice and healing. 
  
SECTION 8. Equal Treatment Before the Law. – The State shall take steps 
to review and, when necessary, amend, or repeal existing laws that are 
discriminatory to out-of-school youth. 
 


SECTION 9. Non-discriminatory and Non-derogatory Portrayal of Our-of-
School Youth in Media and Film. – The State shall formulate policies and 
programs for the advancement of out-of-school youth, in collaboration with 
government and nongovernment media-related organizations. 
 
 
 
For this purpose, the State shall ensure the 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. 
 
SECTION 10. Recognition and Preservation of Cultural Identity 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 IV 
GOVERNMENT ASSISTANCE AND SUPPORT 
 
SECTION 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 Social Welfare and Development (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; 
 
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: 


 
i. 
Social Enhancement Services which provide the out-
of-school youth with opportunities for socializing, 
organizing creative expression, and improvement of 
self; 
 
ii. 
After Care Services 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 Departure 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 
EDUCATION 
 
SECTION 12. Mandatory Technical/Vocational 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. 
 
SECTION 13. Education Cost and Transport. – The technical/ vocational 
education shall be offered by the State free of charge to the out-of-school 
youth. The State shall likewise provide materials, instruments, and tools that 
the out-of-school youth may need while enrolled in a technical/vocational 
course. 
 
SECTION 14. TESDA Adviser. – An officer of the TESDA shall be assigned as 
a TESDA Adviser who will monitor the progress and development of the out-
of-school youth in the chosen technical/ vocational course. 
 
SECTION 15. Promotion to Formal Tertiary Education. –  The TESDA 
adviser, subject to review by the Out—of—School Youth Welfare Council as 
provided for in Section 26 of this Act, may recommend an out-of-school youth 
to be a recipient of a scholarship grant from the CHED. Without prejudice to 
Republic Act No. 10687 or the Uniﬁed Student Financial System for Tertiary 
Education Act (UniFAST), the scholarship grant shall include tuition fee, 
boarding allowance, and a monthly stipend. 


SECTION 16. Scholarship Bond. – The out-of-school youth who avails of the 
scholarship from the government shall execute a scholarship bond. The 
scholarship bond shall provide that upon successfully completing tertiary 
education, the out-of-school youth shall render service to the government for 
at least two (2) years. 
 
SECTION 17. Entrepreneurial Education. – The TESDA shall conduct a 
training program to provide the out-of-school youth with the knowledge, skills 
and motivation to encourage entrepreneurial success. The program shall 
include small business management education and new approaches on how 
to promote innovation or introduce new products or services to the markets. 
 
SECTION 18. Alternative Learning System. – The Alternative Learning 
Mode of Education shall be made available to out-of-school youth in the 
barangays. 
  
       For out-of-school youth who are in the custody of a home or an 
institution managed by the DSWD, the latter shall conduct the Alternative 
Learning System under its premises. 
  
CHAPTER VI 
EMPLOYMENT AND ENTREPRENEURIAL FACILITATION 
 
SECTION 19. Employment. – Out-of-school youth who have the capacity and 
desire to work shall be provided employment opportunities to enable them to 
be productive members of society. 
  
SECTION 20. Entrepreneurial Facilitation. – The State shall establish a 
community-based method of addressing the needs and barriers facing out-of-
school youth entrepreneurs. The objective of entrepreneurial facilitation is to 
encourage and retain a diverse and robust local entrepreneurial economy that 
leads to more opportunities for the out-of-school youth. 
  
SECTION 21. Right to Decent Work. - The State shall progressively realize 
and ensure decent work standards for TESDA graduates, which involve the 
creation of jobs of acceptable quality in conditions of freedom, equity, security, 
and human dignity. 
  
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 discrimination in wages, conditions of work, and 
employment opportunities in host countries. 
 
SECTION 22. Social Protection. – 
 
a) The State shall ensure that out—of—school youth workers and TESDA 
graduates shall have mandatory life, accident, and health insurance 
coverage to be provided for by their employer. 
 
b) The State shall institute policies and programs that seek to reduce the 
poverty and vulnerability to risks and enhance the social status and 
rights of out-of—school youth by promoting and protecting livelihood 
and employment, protecting against hazards and sudden loss of 
income, and improving people’s capacity to manage risks. 
 
c) The State shall establish a health insurance program for the out-of-
school youth. 
 
CHAPTER VII 
ESPECIALLY DIFFICULT CIRCUMSTANCE 
 
SECTION 23. Especially Difficult Circumstance. -  Out-of-school youth 
who are in especially difﬁcult circumstances such as victims and survivors of 
sexual and physical abuse, illegal recruitment, prostitution, trafﬁcking, 
armed conﬂict, out—of—school youth in detention, Victims and survivors of 
rape and incest, and such other related circumstances which have 
incapacitated them functionally, shall be provided with services and 
interventions as necessary such as but not limited to the following: 
 
a) Temporary and protective custody; 
 
b) Medical and dental services; 


 
c) Psychological evaluation; 
 
d) Counseling; 
 
e) Psychiatric evaluation; 
 
f)   Legal services; 
 
g) Productivity skill capability building; 
 
h) Livelihood assistance; and 
 
i)   Financial assistance. 
 
SECTION 24.  Inter-agency Support. – The Out-of-School Youth Welfare 
Council (OSYWC) shall ensure that the out-of—school youth in especially 
difﬁcult circumstances will be provided for with the aforementioned 
interventions and services when necessary. The DSWD, DOJ, and DOH in 
coordination with the appropriate LGU shall lead the rehabilitation of the out-
of—school youth. 
 
SECTION 25. Duties of the LGU. - It is the duty of the LGU where the out-
of-school youth resides to deliver the necessary services and interventions 
under their respective jurisdictions. 
 
CHAPTER VIII 
ADMINISTRATION AND ENFORCEMENT  
 
SECTION 26. Out-of-School Youth Welfare Council; Board of Directors.- 
There is hereby established an inter-agency council known as the Out-of-  
School Youth Welfare Council (OSYWC). Its administration shall be vested 
exclusively in its Board of Directors which shall be composed of the following: 
 
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; 
 
f)   National   Youth   Commission   (NYC)   Chairperson    or   a   duly 
authorized representative, as member; 
 
g) Two (2) representatives from the private sector, as members; and 
 
h) Two (2) representatives from the NGO sector known for its work and 
advocacy in promoting the rights and welfare of out-of—school youth, 
as member. 
 
The members of the Board from the private sector and from a recognized 
NGO shall be appointed by the President for a term of three (3) years and are 
eligible for reappointment to another term. 
 
The DSWD shall establish the necessary secretariat for the Council. 
 
SECTION 27. Powers and Responsibilities. – The OSYWC shall exercise the 
following powers and functions: 
 
a) To plan, implement, and monitor yearly work programs in    
pursuance of the objectives of this Act; 
 
b)  To provide funds and supervision for provincial and municipal ofﬁces 
for the implementation of this Act. 
 
c) To assist the out—of—school youth in ﬁling complaints or charges 
against any person, establishment, institution, or agency refusing to 
comply with the rights under this Act before the Department of 
Justice (DOJ) or the appropriate courts. 
 
SECTION 28. Responsibility of Local Governments.- It shall be the 
responsibility of the local chief executive of the cities or municipalities to 
ensure the effective implementation of the provisions of this Act. 
 
SECTION 29. Out-of-School Youth Office (OSYO).- There may be established 
in cities and municipalities if they deem it necessary, an Out-of-School- Youth 
Ofﬁce (OSYO) to be headed by a person known to be an advocate in promoting 
the rights and welfare of out—of—school youth, to be appointed by the 
municipal or city mayor. The term of ofﬁce of the head of the OSYO shall be 


coterminous with the appointing authority unless sooner removed for causes 
mentioned in the civil service rules and regulations.  
 
The head of the OSYO shall be entitled to receive an honorarium of an 
amount at least equivalent to Salary Grade 10 to be approved and 
appropriated for in an ordinance by the LGU concerned. 
 
The head of the OSYO shall be assisted by the City Social Welfare and 
Development Officer, in coordination with the Social Welfare and Development 
Ofﬁce. The Ofﬁce of the Mayor shall exercise supervision over the OSYO 
relative to their plans, activities, and programs for the out—of—school youth. 
The OSYO shall work together and establish linkages with accredited NGOs 
and the barangays in their respective areas. 
 
The OSYO shall have the following functions: 
 
a) To draw up a list of available and required services which can be 
provided for out-of-school youth; 
 
b) To maintain and regularly update on an annual basis the list of out-
of-school youth and to issue nationally uniform individual 
identiﬁcation cards, free of charge, which shall be valid anywhere in 
the country; 
 
c) To serve as a general information and liaison center to serve the needs 
of the out-of-school youth; 
 
d) To coordinate with the OSYWC and monitor compliance of the 
provisions of this Act; 
 
e) To report to the mayor, any individual, establishments, business 
entity, institutions, or agency found violating any provision of this 
Act; and 
 
i)   To require all establishments covered by this Act to prominently 
display posters, stickers, and other notices that will generate public 
awareness on the right and welfare of out-of—school youth and to 
ensure that the provisions of this Act are implemented to its fullest. 
 
SECTION 30. Role of Non-government Organizations. – Non-government 
organizations or private volunteer organizations dedicated to the promotion, 
enhancement, and support of the welfare of out-of—school youth are hereby 
encouraged to become partners of government in the implementation of 


programs and projects for the out-of—school youth. 
 
CHAPTER IX 
FINAL PROVISIONS 
 
SECTION 31. Penalties. – Any person who violates any provision of this Act 
shall, upon conviction, suffer the following penalties: 
 
a) For the ﬁrst violation, imprisonment of not less than six (6) months 
but not more than two (2) years and ﬁne of not less than Fifty 
Thousand pesos (P50,000.00) but nor more than One Hundred 
Thousand Pesos (P100,000.00); 
 
b) For any subsequent violation, imprisonment of not less than two (2)   
years but not more than six (6) years and a ﬁne of not less than One 
Hundred Thousand Pesos (P100,000.00) but not more than Two 
Hundred Thousand Pesos (P200,000.00); and 
 
c) Any person who avails of any of the beneﬁts and privileges granted    
under this Act who is not qualiﬁed to avail the same, imprisonment 
of not less than six (6) months and ﬁne of not less than Fifty 
Thousand Pesos (P50,000.00) but not more than One Hundred 
Thousand Pesos (P100,000.00). 
 
If the offender is a corporation, organization or any similar entity, the 
ofﬁcials thereof directly involved in the Violation or abuse shall be liable 
therefor. 
 
If the offender is an alien or foreigner, he shall be deported immediately 
upon service of sentence without further proceedings. 
 
Upon ﬁling of the appropriate complaint or information, the proper 
authorities, in coordination with the concerned LGU, shall cause the 
cancellation or revocation of the business permit, permit to operate, franchise, 
and other similar privileges granted to any business entity or person that fails 
to abide by or violates the provisions of this Act. 
 
SECTION 32.  Implementing Rules and Regulations. - Within ninety (90) 
days from the effectivity of this Act, the Board of Directors of the OSYW 
Council shall promulgate the implementing rules and regulations as may be 
necessary to ensure the efﬁcient and effective implementation of this Act, in 
consultation 
with 
other 
stakeholders 
including 
NGOs 
or 
people’s 
organizations for the out-of—school youth duly accredited by the DSWD. 


 
SECTION 33. Appropriations. – The necessary appropriations for the initial 
operation and maintenance of the OSYWC shall be appropriated from any 
available funds from the National Treasury. Thereafter, any such sums as 
may be needed for the continued implementation of this Act shall be included 
in the annual General Appropriations Act of the respective agencies. 
 
SECTION 34. Separability Clause. - Should any part of this Act be declared 
unconstitutional, the rest of the provisions of this Act not affected shall 
continue to be in effect and subsisting. 
 
SECTION 35. Repealing Clause.- The provisions of other laws, decrees, 
executive orders, rules, and regulations inconsistent with this Act are hereby 
repealed, amended, or modiﬁed accordingly. 
 
SECTION 36. Non-Impairment Clause.- Nothing in this Act shall be 
construed as to diminish, impair, or repeal rights recognized, granted, or 
made available to disadvantaged, marginalized, or speciﬁc sectors under 
existing laws. 
 
SECTION 37. Effectivity.- This Act shall take effect ﬁfteen (15) days after its 
publication in the Ofﬁcial Gazette or in at least two (2) national newspapers 
of general circulation. 
 
Approved,