EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES.

yy Representative Rufus B. Rodriguez
4871
House Bill No.

“introduc

EXPLANATORY NOTE

According to the Philippine Statistics Authority, almost ten percent of the estimated
39 million Filipinos 6 to 24 years old are out-of-school children and youth (OSCY). In their
2016 Annual Poverty Indicators Survey (APIS), OSCY refers to family members 6 to 14
years old who are not attending formal school; and family members 15 to 24 years old who
are currently out of school, not gainfully employed, and have not finished college or post-
secondary course.

The most common reasons among OSCYs for not attending school were marriage or
family matters (42.3%), high cost of education or financial concems (20.2%), and lack of
personal interest (19.7%). Nationwide, about 53 percent of OSCYs belong to families whose
income fall at the bottom 30 percent based on their per capita income.

While it can be seen that there are those who choose not to go to school, many are
forced by their circumstances into not attending school. This is why there is a need to protect
the rights of these youth who are very vulnerable.

In view of the foregoing, immediate approval of this measure is earnestly requested

Lif

RUFUS B. RODBHGUEZ


EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

introduced by Representative Rufus B. Rodrigué
4871
House Bill No.

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:
CHAPTER 1
GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the “Magna Carta of the Out-of-
School- Youth.”

SEC. 2. Declaration of Policy. - The State values the dignity of every human person and
guarantees full respect for human rights. Pursuant thereto, the State recognizes the right of
out-of-school youth to social protection and to develop their full potential as partners in
nation-building. Towards this end, the State shall promulgate measures to achieve the
following objectives:
a) To inspire and encourage the out-of-school youth to contribute to nation building
b) To recognize the rights of out-of-school youth in society;
c) To provide an altemative leaming system and a program for technical or
vocational education for the out-of-school youth;
) To 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) To recognize the important role of the private sector in improving the welfare of
out-of-school youth and to actively seek their partnership.

CHAPTER II
DEFINITION OF TERMS

SEC 3. Definition of Terms. - As used in this Act:

a) Alternative Learning System refers to a parallel learning system in the Philippines
that provides a practical option to the existing formal instruction. It includes both
the non-formal and informal sources of knowledge and skills;

b) Out-of-school youth refers to a member of the population aged 15 to 30 years old
who is currently out of school, not gainfully employed, and has not finished
college or a post-secondary course;

©) Social Protection refers to policies and programs that seek to reduce poverty and
vulnerability to risks and enhance the social status and rights of all out-of-school-
youth by promoting livelihood and employment opportunities, protecting against
financial hazards such as the sudden loss of income, and improving people's
capacity to manage risks. Its components are labor market programs, social
insurance, social welfare, and social safety nets;

3) Substantive Equality refers to the full and equal enjoyment of rights and freedoms
contemplated under this Act and encompasses de jure, de facto equality and
equality in outcomes;

e) Technical/Vocationa! Education refers to the aspects of educational process
involving, in addition to general education, the study of technologies and related

1


sciences and the acquisition of practical skills relating to occupations in various
sectors of economic and social life. The term is comprised of formal (organized
programs as part of the school system), and non-formal (organized classes
outside the school system) approaches; and

f) TESDA graduate refers to a student or trainee who has completed the
requirements set for a Technical Education and Skills Development Authority
(TESDA)-registered Technical Vocational Education and Training (TVET)
course/program.

CHAPTER Il
DUTIES RELATED TO THE HUMAN RIGHTS OF OUT-OF-SCHOOL YOUTH

SEC. 4. State as the Primary Duty-Bearer. - The State, through the National Youth
Commission (NYC) and concerned youth serving agencies, shall be guided by progressive
developments in the human rights of out-of-school youth under international law, and shall
endeavor to design policies, laws, and other regulatory measures to fulfil these duties. It
shall institute programs that will carry out the objectives of this Act and promote:
‘) The protection of the rights of out-of-school youth against discrimination by
private corporations, entitles, and individuals; and
b) The substantive equality in the rights of out-of-school youth in all spheres of
growth and development

SEC. 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, and instrumentalities
at all levels of government including government-owned and-controlled corporations, subject
to the Constitution and pertinent laws, policies, or administrative guidelines that define of
state agencies and entities concemed.

CHAPTER IV
RIGHTS AND EMPOWERMENT

SEC. 6. Human Rights of Qut-of-School Youth. - An out-of-school youth shall enjoy,
without discrimination, all rights provided for in the Constitution and those rights recognized
under international instruments duly ratified by the Philippines, in consonance with Philippine
law.

SEC. 7. Protection from Violence. - The State shall ensure that all out-of-school youths
shall be protected from all forms of violence, particularly in cases of physical abuse, sexual
exploitation and human trafficking as provided for in existing laws. The Department of
Justice, Department of Social Welfare and Services, and other concemed agencies, shall
‘ive priority to the defense and protection of out-of-school youths and help in attaining
justice and healing.

SEC. 8. Equal Treatment Before the Law. - The NYC and other youth-serving agencies
Shall take steps to review and, when necessary, amend or repeal existing laws that are
discriminatory to out-of-school youths.

SEC. 9. Representation of Qut-of-School Youth Issues and Concerns in Media and
Film. - The NYC and other concerned agencies shall formulate policies and programs for
the advancement of out-of-school youth in collaboration with government and non-
government media-related organizations.

For this purpose, the State shall ensure allocation of resources for the production,
publication and airing of all forms of information materials on the rights of the out-of-school
youth and the various services and benefits provided to them under this Act


SEC. 10. Recognition and Preservation of Cultural Identity and Integrity. - 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 shall be upheld. To this end, the National
Commission on Muslim Filipinos and the National Commission on Indigenous Peoples shall,
in consultation with the sectors concerned to protect their rights, indigenous knowledge
system and practices, traditional livelihood, and other appropriate measures to promote and
to respect for their rights, practices and way of life: Provided, That these cultural systems
and practices do not discriminate against other out-of-school youth.

CHAPTER V
GOVERNMENT ASSISTANCE AND SUPPORT

SEC. 11. Government Assistance. - The National Government, through its agencies and
instrumentalities shall provide the following:

a) Education — The Department of Education (DepEd), TESDA and the Commission
on Higher Education (CHED), in consultation with the non-government
organizations (NGOs), shall institute a program that will ensure access of our-of-
school youth to formal and non-formal education;

b) Health — The Department of Health (DOH), in coordination with local government
units (LGUs) and NGOs, shall institute a national health program and provide an
integral health service for out-of-school youth;

©) Social Service - The Department of Social Welfare and Development (DSWD), in
cooperation with the LGUs, NGOs and other relevant stakeholders shall develop
and implement programs on social services for out-of-school youth, the
components of which are:

1) Social Enhancement Services, which provide the out-of-school youth with
opportunities for socializing, organizing creative expression, and
improvement of self;

2) After Care Services, which provide for support services for out-of-school
youth who are discharged from the homes or institutions of the DSWD,
and other private institutions duly accredited by the DSWD, especially
those who have problems of reintegration with family and the community.

d) Employment - The Department of Labor and Employment (DOLE), in
coordination with other government agencies such as the Department of Trade
and Industry (DTI), TESDA shall assess, design, and implement training
programs that will provide skills and welfare or livelihood support for out-of-school
youth.

CHAPTER VI
MANDATORY TECHNICAL AND VOCATIONAL EDUCATION

SEC. 12. Mandatory Technical/Vocational Education. - \t shall be the duty of the State to
provide technical or vocational education to the out-of-school youth. The course shall be
provided and/or managed by TESDA in accordance with its training regulations.

SEC. 13. Alternative Learning System. — An alternative learning system of education shall
be made available to out-of-school youth in the barangays.

For out-of-school who are in the custody of a home or an institution managed by the
DSWD, the latter shall coordinate with the DepEd for the provision of an altemative leaming
system within its premises.

SEC. 14. Education Cost and Support. - The TESDA shall provide technical and
vocational education services to out-of-school youth free of charge. It shall likewise provide
materials, instruments, and tools that the out-of-school youth may need while enrolled in a


technical/vocational course, and financial support to cover transportation and other related
costs for the duration of the training

SEC. 15. Entrepreneurial Education. ~ The DTI, in coordination with TESDA and other
Felevant government agencies, shall conduct a training program to provide the out-of-school
youth with the knowledge, skills and motivation to encourage entrepreneurial endeavors.
The program shall include small business management, new ‘approaches on innovation or
introduction of new products or services to the markets

SEC. 16. Promotion to Formal Tertiary Education. - The Local Social Welfare and
Development Officer may recommend an out-of-school youth to he & recipient of a
ccholarship grant from the CHED under either Republic Act 10931 oF ‘he Universal Access
a Quality tertiary Education or Republic Act 10687 or the Unified Student Financial
‘Assistance System for Tertiary Education Act (UNIFAST)

CHAPTER Vil
EMPLOYMENT AND ENTREPRENEURIAL FACILITATION

SEC. 17. Employment. - Out-of-school youth who have the capacity and desire to work
Shall be provided employment opportunities to enable their transition as productive members
of society,

SEC. 18. Entrepreneurial Facilitation- The DTI shall establish 2 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.

SEC. 19. Right to Decent Work. - The DOLE, in coordination with TESDA. shall ensure
Secent work standards for out-of-school youth who have graduated from TVET courses.
including the following minimum guarantees:
a Local job generation and employment, economic opportunities and providing strict
regulations against forced and involuntary displacement, and
b) Protection of the rights and promotion of the welfare of migrant TVET graduates
Tegardiess of work status, and protection against discrimination In wages
Conditions of work, and employment opportunities in host countries.

SEC. 20. Social Protection. - The National Poverty Commission and concemed agencies
Shall institute policies and programs that seek to reduce the poverty and vulnerability to risks
Sf autof-school youth by protecting them against the financial hazards of sudden loss of
income, and improving capacity to manage risks

Further the State shall ensure that out-of-school youth workers and TVET graduates
shall be provided by their employer with a mandatory life, accident and health insurance
coverage

CHAPTER VIII
ESPECIALLY DIFFICULT CIRCUMSTANCE

SEC. 21. Especially Difficult Circumstance. ~ Qut-of-school youth whe aie ih especially
Se it circumstances such as victims of sexual and physical abuse, llega! recruitment,
prostitution, trafficking, armed conflict, out-of-school youth in conflict with the law, and such
oes vtlated circumstances which have caused functional incapacity in society shall be
provided with services and interventions as necessary such as

a) Temporary and protective custody

b) Medica! and dental services

c) Psychological evaluation


d) Counseling
e) Psychiatric evaluation

f) Legal services

g) Productivity capability building
h) Livelihood assistance

i) Financial assistance

j) Life skills training

k) Health education and information

SEC. 22. Inter-Agency Support. - The National Youth Commission, in coordination with
the DSWD, DOJ, DOH, DepEd and the Advisory Council created under RA No. 8044, and
concerned LGUs shall lead in facilitating, implementing, monitoring and planning programs
for the rehabilitation of out-of-school youth.

SEC. 23. Duty 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 IX
ADMINISTRATION AND ENFORCEMENT

SEC. 24. Role of Advisory Council - The Advisory Council created under Republic Act No.
8044 or the “Youth in Nation-Building Act” shall plan, coordinate and monitor yearly work
programs in compliance with the objectives of this Act. It shall formulate and implement a
National Comprehensive Multi-Stakeholder Plan of Action for Out-of-school youth.

The Advisory Council shall also coordinate with and ensure that the relevant
agencies of the government have appropriate programs for the out-of-school youth in
accordance with the objectives of this Act.

The Advisory Council shall cause the prominent display of information materials in
government institutions and private establishments aimed at generating public awareness
on the rights of out-of-school youth.

SEC. 25. Role of Local Social Welfare and Development Officer — The Local Social
Welfare and Development Officer shall assist the Advisory Council in the effective
implementation of the provisions of this Act and shall perform the following functions:

a) Draw up a list of available and required services which can be provided for out-of-
school youth;

b) 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:

©) Serve as a focal person on the dissemination of general information and feedback
in regard to the needs of the out-of-school youth.

4) Report to the Mayor, any individual, establishment, business entity, institution, or
agency found violating any provision of this Act;

e) Coordinate with the Advisory Council to ensure compliance with the provisions of
this Act, and

f Monitor the compliance of government institutions as well as private
establishments to prominently display information materials such as posters,
banners and pamphlets that will generate public awareness on the rights and
welfare of out-of-school youth

SEC. 26. 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 not 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
(P 100,000.00) but not more than Two hundred thousand pesos (P200,000.00);

©) For any person who avails of any of the benefits and privileges granted under this
Act but who is not qualified to avail of the same, imprisonment of not less than six
(6) months and a 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 held liable.

If the offender is an alien or a foreigner, the person 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

SEC. 27. Appropriations. - The amount necessary for the effective implementation of this
Act shall be included in the budget of the concemed government agencies in the annual
General Appropriations Act;

SEC. 28. Implementing Rules and Regulations. - The Advisory Council created under
Republic Act No. 8044 shall promulgate, not later than thirty (30) days upon the effectivity of
this Act, the necessary rules and regulations for the effective implementation of this Act
Provided, That the failure to promulgate the rules and regulations shall not prevent the
implementation of this Act upon its effectivity

SEC. 29. Separability Clause. — If any provisions of this Act is declared unconstitutional,
the remainder of this Act or any provision not affected thereby shall remain in full force and
effect.

SEC. 30. Repealing Clause. ~ All laws, decrees, orders, issuances, rules and regulations or
parts thereof inconsistent with that provisions of this Act are hereby repealed, amended or
modified accordingly;

SEC. 31. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation

Approved