Bagong Balikbayan Act

Senate Office of the Secretarp TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 26 FEB -5 P3:47 SENATE RECEIVED BY: S. B. No. 1775 INTRODUCED BY SENATOR CHRISTOPHER LAWRENCE "BONG" T. GO AN ACT ESTABLISHING A COMPREHENSIVE, INTEGRATED, AND SUSTAINABLE REINTEGRATION PROGRAM FOR OVERSEAS FILIPINO WORKERS EXPLANATORY NOTE Article II, Section 9 of the 1987 Philippine Constitution, states that "The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all." Further, it states the duty of the State to afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all. The deployment of Filipino workers overseas has become a cornerstone of the Filipino economy. According to the Bangko Sentral ng Pilipinas (BSP), personal remittances from Filipinos abroad reached USD 37.2 billion in 2023, an increase of about 3% from 2022. These remittances accounted for approximately 8.5% of the country's gross domestic product (GDP) and 7.7% of gross national income (GNI) in that year. In 2024 the figure further increased where OFW remittances are estimated at USD 38.34 billion, representing about 8.3 % of GDP and 7.4% of GNI. However, beyond their significance in our economy, many OFWs upon return face a critical transition phase, including reintegration into the domestic labor market,

accessing financial literacy and productively deploying their savings, starting enterprises, or adapting to life back home. This bill seeks to establish a comprehensive reintegration framework for returning OrWs and those whose contracts have ended, with the goal of coordinating and integrating services across government agencies to provide sustainable livelihood and employment assistance. To further enhance the reintegration process, this bill seeks to ensure equitable access to employment opportunities and the recognition of skills and qualifications acquired abroad, enabling returning OFWs to fully utilize their expertise and experience in the local labor market. Moreover, recognizing the heightened vulnerability of undocumented OFWs, this measure also provides for their protection, assistance, and inclusion in all reintegration initiatives, ensuring that no Filipino worker is left behind regardless of status or circumstance. In view of the foregoing, the passage of this bill is earnestly sought. SENATOR CHRISTOPHER LAWRENCE "BONG" T. GO

Senate Office of the Secretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session ) 26 FEB -5 P3:47 SENATE RECEIVED BY: S. B. No. 1776 INTRODUCED BY SENATOR CHRISTOPHER LAWRENCE "BONG" T. GO AN ACT ESTABLISHING A COMPREHENSIVE, INTEGRATED, AND SUSTAINABLE REINTEGRATION PROGRAM FOR OVERSEAS FILIPINO WORKERS 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 "Bagong Balikbayan

2 Act."

SEC. 2. Declaration of Policy. - The State recognizes the invaluable

5 contributions of Overseas Filipino Workers (OFWs) to national development and is 6 committed to upholding their fundamental rights, including the right to equal 7 opportunity, decent living, dignity, and participation in decision-making processes 8 affecting their lives and well-being. Further, it is the declared policy of the State to: (a) Implement a comprehensive, integrated, and sustainable reintegration program for returning OFWs, addressing economic, social, psychosocial, gender- responsive, and cultural dimensions, regardless of their documentation status; (b) Ensure such reintegration programs are customized to the needs and skill of OFWs and mainstreamed throughout the migration cycle and promote: (1) Access to local employment, entrepreneurship, agriculture, fisheries, aquaculture, and other livelihood opportunities; (2) Development of financial literacy programs; and (3) Attainment of economic self-sufficiency, social stability, and psychosocial well-being for returning OFWs and their families.

(c) Foster conditions where migration is a matter of choice rather than necessity; and, (d) Collaborate with relevant public and private stakeholders in the design, implementation, monitoring, and evaluation of reintegration programs and assistance.

SEC. 3. Definition of Terms. - As used in this Act, the following terms are

7 defined as follows: (a) Full-cycle Reintegration Program refers to interventions starting with the pre-departure stage, on-site support during employment, and assistance upon return; (b) Overseas Filipino Worker (OFW) refers to a Filipino who is to be engaged, is engaged, or has been engaged in remunerated activity in a country of which he or she is not an immigrant, citizen, or permanent resident or is not awaiting 13 naturalization, recognition, or admission, whether land-based or sea-based regardless 14 of status; excluding a Filipino engaged under a government-recognized exchange 15 visitor program for cultural and educational purposes; (c) Reintegration refers to a multi-dimensional process enabling OFWs to re- 17 establish economic, social, and psychosocial well-being upon return; and, (d) Undocumented OF refers to an OFW not registered with the Philippine 19 government as an OFW, or whose documents are incomplete or invalid. An undocumented OFW is also known as an "irregular OFW";

SEC. 4. Applicability. - This Act shall apply to all returnee-OFWs, irrespective

of their typology and status, including: (a) Land-based and sea-based OFWs; (b) Documented or undocumented OFWs; (c) OFWs who have been voluntarily or mandatorily repatriated, regardless of the grounds for such repatriation; (d) OFWs returning to the country due to retirement or upon the termination of their employment contract; and (e) OFWs returning to the country due to distressing circumstances in the host country, such as war or conflict, economic instability, abuse or - exploitation, pandemics, natural disasters or diplomatic fallout.

This Act shall also extend to OFWs who require targeted assistance, including 3 senior or solo-parent OFWs. Furthermore, the families of returnee-OFWs shall likewise 4 be covered and benefited by the provisions of this Act, subject to and as may be further detailed within the implementing rules and regulations promulgated hereto.

SEC. 5. Access to Employment Opportunities and Qualification

Recognition. - (a) Job Fairs. The Department of Migrant Workers (DMW), together with the 10 Overseas Workers Welfare Administration (OWWA) shall, in coordination with the Department of Labor and Employment (DOLE), Department of Agriculture (DA), Department of Trade and Industry (DTI), Department of the Interior and Local Government, Department of Education, Department of Health (DOH), Civil Service Commission (CSC), Commission on Higher Education (CHED), Public Employment Service Office, and in consultation with concerned business chambers. and groups in the private sector, private enterprises recognized for ensuring security of tenure, humane conditions of work, and a living wage, and relevant Local Government Units (LGUs), plan and conduct regular series of job fairs in strategic sites and LGUs where there are significant presence of returnee-OFWs. These job fairs shall facilitate employment opportunities in: (1) The private sector; (2) The national or local government, including their agencies, bureaus, offices, instrumentalities, and government-owned and/or-controlled corporations (GOCCS), for civil service qualified OFWs; and (3) Academic and non-academic positions in public schools, and state colleges and universities. Such job fairs shall take into consideration the specific skills, credentials, eligibilities, and experience acquired by OFWs from working overseas. (b) Expanded Employment Facilitation. The DMW and other concerned government agencies shall expand the employment facilitation offering for OFWs in the public, private, and development sectors based on progressive eligibility or qualification criteria, in partnership with the relevant national government agencies,

the Private Sector Advisory Council, industry or professional associations, and other stakeholders. (c) Civil Service Eligibility. The CSC shall formulate guidelines to grant 5 appropriate civil service eligibility to non-civil service qualified OFWs, based on the 6 education, training, and experience they acquired while living or working overseas. (d) Skills and Academic Recognition. The Technical Education and Skills 9 Development Authority (TESDA) and the CHED shall provide the necessary rules and 10 regulations to grant pertinent national certification or appropriate degree diploma(s), respectively, recognizing the education, training, and experience OFWs acquired while living or working overseas.

SEC. 6. Initiation of Reintegration Process. - The reintegration process

for concerned OFWs shall be initiated by the relevant Migrant Workers Offices (MWOs) 16 six (6) months before the intended return of the OFW to the Philippines. This process shall commence by providing access to four (4) paths for reintegration, namely: (a) Education, upskilling/reskilling/retooling/micro-credentialing (Kaalaman); (b) Psychosocial and social support services (Kalinga); (c) Entrepreneurship (Negosyo); and, (d) Employment (Hanap-buhay).

SEC. 7. Returnee-OFWs Management Information System (ROMIS)

and Reintegration Management System (RMS). - (a) Establishment of ROMIS. The DMW shall establish and maintain the ROMIS, which shall serve as the primary information network and database containing information on the educational attainment, skill levels, and experience of all returning OF#S. The ROMIS shall function as a referral system to the private sector and government institutions to facilitate job matching, possible hiring, and/or skills upgrading.

(b) Development and Function of RMS. Within the ROMIS framework, the DMW 3 shall finalize the development and operationalization of the RMS. The RMS shall be an online system and platform designed to streamline the reintegration process for returnee-OFWs. It shall provide access to a range of services, including financial literacy programs, livelihood training, and access to funding opportunities. (c) System Objectives. Both the ROMIS and the RMS shall facilitate effective 9 connections with government and private sector partners to ensure a smooth 10 transition for returnee-OFWs back into local employment or entrepreneurship. The RMS shall further aim to provide efficient support for the holistic needs of returnee- OFWs and their families, thereby seeking to empower them to reintegrate successfully and continue contributing to national development.

SEC. 8. Institutional Framework for Reintegration. -

(a) Lead Agency. The DMW shall, in coordination with the OWWA and the National Reintegration Center for OFWS (NRCO), serve as the primary agency responsible for the implementation of the full-cycle reintegration program. (b) Role of the NRCO. The NRCO shall function as the central coordination mechanism to; (1) Enhance participation of all stakeholders to achieve transformative, effective, and efficient delivery of services to returnee-OFWs and their families; and (2) Ensure the harmonized and synergized implementation of the full-cycle national reintegration policy and program. The NRCO shall design and institutionalize reintegration frameworks, strategies and standards that address the economic, social and psychological aspects of return, and shall lead the coordination of relevant government agencies, local government units, and partners from the private sector and civil society. Together with the OWWA, it shall implement reintegration programs and services in accordance with established plans, policies and guidelines. It shall maintain a centralized reintegration database, undertake policy and program research, and ensure that all reintegration initiatives

are coherent, evidence-based, and aligned with national migration and development priorities. (c) Role of MWOs and OWWA Overseas Welfare Offices (OWOS). The MWOs together with the OWS located abroad shall be strengthened to enable them to provide reintegration counseling and support services directly to OFWs onsite, including undocumented workers.

SEC. 9. Pre-Return and Reintegration Orientation Seminar (PRROS).

10 - There shall be a PROS to be offered by MWOs worldwide, similar in intent to pre- employment, pre-departure, and post-arrival orientation seminars, but concentrating on essential information for a returning OFW seeking to be reintegrated back into the Philippine economy and society.

SEC. 10. Business-Oriented Capacity-Building Training. -

(a) Provision of Training. The DOLE shall, in coordination with the DTI and the DA, provide Business-Oriented Capacity-Building Training for OFWs who are seeking to set up their businesses. (b) Training Focus Areas. The training shall focus on the following key areas: (1) Business conceptualization and the conduct of feasibility studies; (2) Registration and all other administrative matters related to creating one's own business; (3) Safe and sustainable business financing, incorporating the DMW's Financial Awareness Seminar-Small Business Management Training (FAS-SBMT), which promotes financial awareness and provides training for the development and management of small businesses; (4) Business promotion/advertising/marketing; and (5) Service/product delivery. (c) Enhancement of FAS-SBMT and Collaboration. The DMW's FAS-SMT shall have strengthened program coordination and shall expand its offerings. Pursuant thereto, the DMW shall collaborate with concerned national government agencies and

stakeholders to provide co-opportunities for entrepreneurship development, 2 incubation, marketing, and mentoring. (d) DA Agricultural Credit Policy Council Support. The DA's ACPC shall offer 5 capacity-building support alongside its credit programs. The DA and its ACP shall 6 provide services specifically designed for those engaged in the agri-fishery sector. This 7 support shall be made available to returnee-OFWs applying for ACC's loan programs to assist them in acquiring the necessary skills and improving their business management. (e) Small Business Corporation (SB Corp). The SB Corp, a government-owned and controlled corporation operating under the Department of Trade and Industry, shall support reintegration efforts by providing capacity-building programs and access to credit facilities. (f) Mentorship Facilitation. The training provided under this Section shall also 17 serve as a means by which returnee-OFWs are assisted in finding and connecting with mentors in the business sector, particularly those established in the industry the returnee-OFW intends to enter. (g) Prioritization. Prioritization for participation in the training and related support under this Section shall be given to those returnee-OFWs with no background in putting together and running/operating their own businesses, particularly those intending to establish a single proprietorship and having no seasoned business partners. SEC: 11. Components of Reintegration Services. - Reintegration services shall include the following components provided at relevant stages of the migration cycle: (a) Pre-Departure: (1) Mandatory pre-departure orientation seminars covering available reintegration services and support for undocumented OFWs;

(2) Financial literacy training focused on management of earnings and future planning; and (3) Family counseling on coping mechanisms for separation and eventual reunification. (b) On-Site Support: (1) Provision of accessible support services through MWOs for OFWs in distress, including undocumented workers; (2) Opprtunities for skills development and training designed to enhance employability upon return; and (3) Establishment of mechanisms for addressing exploitation and abuse, ensuring access to legal and psychosocial support. (c) Upon Return: (1) Provision of personalized reintegration counseling and case management to develop tailored reintegration plans; (2) Delivery of economic reintegration assistance, including facilitation of job placement, entrepreneurship training, and access to financing; (3) Facilitation of social reintegration support, covering access to housing, documentation, education, healthcare, and social protection schemes; (4) Provision of psychosocial support services addressing mental health concerns and challenges from migration; and (5) Grant of special attention to the needs of vulnerable OFWs, particularly victims of trafficking, persons with disabilities, and those with specific medical or psychosocial needs.

SEC. 12. Protection for Undocumented OFWs. - No undocumented OFW

shall be denied reintegration services due to their status. Mechanisms shall be established for the regularization of undocumented OFWs' status upon return to facilitate access to services and benefits. Information dissemination campaigns shall inform undocumented OFWs of their rights and available reintegration support. A

dedicated hotline an online platform shall be established for confidential assistance to undocumented OFWs.

SEC. 13. Monitoring and Evaluation. - The DMW shall develop a

monitoring and evaluation framework to assess the reintegration program's effectiveness and conduct regular impact assessments to ensure program responsiveness to OFWs' evolving needs.

SEC. 14. Dedicated Financing and Loan Programs. -

(a) Development and Provision. The DMW and the OWWA shall, in coordination with the Department of Finance (DOF), the Department of Budget and Management (DBM), the DA, particularly its Agribusiness and Marketing Assistance Service (AMAS) and ACPC, Government Financial Institutions (GFIs), and qualified Private Financial Institutions, develop and provide dedicated financing or loan programs. (b) Purpose and Terms. These programs shall facilitate the establishment, operation, sustainability, or expansion of enterprises and livelihood projects, including Micro-, Small and Medium-sized Enterprises (MSMEs), owned by returnee-OFWs, 20 under minimal and affordable terms and conditions. (c) Eligibility and Support. (1) The dedicated programs under this section shall primarily cater to returnee-OFWs with no existing enterprise or livelihood project. (2) Returnee-OFWs with an existing enterprise that is dismally performing shall also be eligible: Provided, That the DMW, OWWA, DOF, DBM, DA (through AMAS and ACPC), and GFIs shall provide financial and other support, including technical guidance, necessary to revitalize the undertaking. (3) Returnee-OFWs with existing enterprises deemd robust may be referred to the standing programs of the DTI for appropriate assistance.

SEC. 15. Program for Qualified OFWs to Teach in the Academe. - The

DMW shall, in coordination with the CHED and TESDA, provide a program to invite

1 qualified and highly-skilled OWs to teach in colleges/universities recognized by the 2 CHED and/or in training centers accredited by the TESDA.

SEC. 16. Social Assistance Measures. - The DMW shall, together with the

5 OWWA, the Department of Social Welfare and Development, and the DA, include returnee-OFWs as beneficiaries in their respective social protection and other programs. The DMW and OWWA, through their regional offices, shall encourage 10 community engagements for returnee-OFWs and their families. All reintegration programs and services, including social assistance measures under this Act, shall be guided by the principles mandated under Section 17 of Republic Act (R.A.) No. 11641, otherwise known as he "Department of Migrant Workers Act", ensuring a multi-dimensional reintegration program that effectively 16 addresses the economic, social, psychosocial and cultural aspects of reintegration. The implementing rules and regulations of this Act shall contain detailed and specific provisions on social assistance and protection to ensure that more OFWs are included in the various social protection programs offered by the government, the private sector, and non-government organizations (NGOS).

SEC. 17. Right to Participate. - Former OFWs who are to be reintegrated

into the Philippine domestic economy shall, as much as practicable, participate in policy and decision-making processes affecting their rights and benefits under existing laws and under the provisions of this Act.

SEC. 18. Application of Anti-Age Discrimination Law -

(a) Compliance Obligation. In the extension of services to former OFWs and in all matters concerning their local or domestic employment, all government agencies, GOCCs, and all private corporations, partnerships, sole-proprietorships, including

• • 1 NGOs and other kinds of private organizations, shall strictly observe and follow all provisions of R.A. 10911, otherwise known as the "Anti-Age Discrimination in Employment Act". (b) Monitoring and Coordination. The DMW and the DOLE shall constantly 6 coordinate to monitor the plight and situation of all former OFWs employed in 7 local/domestic jobs to ensure full compliance with the aforementioned law.

SEC. 19. Psychosocial Support and Counseling. - The DMW shall,

10 together with OWWA and the DOH, facilitate psychosocial support and reintegration counselling for returnee-OFWs and their families.

SEC. 20. National Reintegration Network (NRN). - The NRN shall be

14 established through formal partnership agreements with relevant government and private partner agencies. It shall serve to strengthen and institutionalize collaborative efforts aimed at ensuring the effective delivery of reintegration programs and services. 17 The NRN shall facilitate convenient and seamless access to such services through the creation of both Physical and Online One-Stop-Shops, wherein all relevant programs and services are integrated and made available on a unified platform. All government agencies and instrumentalities offering services to OFWs shall form part of the NRN.

SEC. 21. Creating/Upgrading Offices and Personnel. - The DMW and

other concerned government agencies, upon consultation with and approval of the DBM, shall create or upgrade the necessary offices and hire appropriate personnel to ensure the effective implementation of this Act.

SEC. 22. Non-diminution of Benefits. - All rights, privileges and benefits

previously enjoyed by returnee or reintegrated OFWs before the effectivity of this Act, including those set forth in R.A. 8042, otherwise known as the "Migrant Workers and Overseas Filipinos Act of 1995", as amended, R.A. 10801 or the

"Overseas Workers Welfare Administration Act", among other relevant laws, executive issuances, including pertinent Supreme Court decisions, shall continue to be recognized and shall not be diminished.

SEC. 23. Implementing Rules and Regulations. - The DMW shall,

together with the OWWA and the National Reintegration Center for OFWS (NRCO), promulgate the necessary implementing rules and regulations within ninety (90) days from the effectivity of this Act, The promulgation shall be made in coordination with the key government agencies mentioned in this Act, and in consultation with concerned GOCCs, especially those giving grants, extending loans, and providing technical assistance to MSMEs, and other relevant stakeholders in the private sector and NGOs.

SEC. 24. Appropriations. - The amount necessary for the initial

implementation of this Act shall be charged against the current year's appropriations of the departments and agencies concerned. Thereafter, such amount shall be included in the annual General Appropriations Act.

SEC. 25. Separability Clause. - If any provision or part hereof is held invalid

or unconstitutional, the remainder of the law or the provisions not otherwise affected shall remain valid and subsisting.

SEC. 26. Repealing Clause. - Any law, presidential decree or issuance,

executive order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions of this Act is hereby repealed, modified, or amended accordingly.

SEC. 27. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation. Approved,