Implementing Rules and Regulations of Republic Act No. 11299

February 12, 2020

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 11299

RULE I

Title

SECTION 1. Title. — These rules shall be known as the Implementing Rules and Regulations of Republic Act (R.A.) No. 11299, otherwise known as the "Act Establishing the Office for Social Welfare Attaché, Amending Republic Act No. 8042, Otherwise known as the "Migrant Workers and Overseas Filipinos Act of 1995," as amended, and for other purposes."

RULE II

Declaration of Policies

SECTION 2. As provided under Article XIII, Section 3 of the 1987 Constitution:

"The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all. x x x"

Towards this end, the State shall provide adequate and timely social, economic and legal services to Filipino migrant workers, especially for workers who are vulnerable to physical, emotional, and psychological stress or abuse.

SECTION 3. Sec. 2 (d) of R.A. No. 8042 further emphasizes that:

"The State affirms the fundamental equality before the law of women and men and the significant role of women in nation-building. Recognizing the contribution of overseas migrant women workers and their particular vulnerabilities, the State shall apply gender sensitive criteria in the formulation and implementation of policies and programs affecting migrant workers."

RULE III

Role of the Department of Social Welfare and Development (DSWD)

SECTION 4. In relation to Section 2 of R.A. No. 11299, a new paragraph (e) was inserted in Section 23 of RA No. 8042, as amended, which states the role of DSWD, as the Home Office, to read as follows:

"(e) Department of Social Welfare and Development. — The Department of Social Welfare and Development (DSWD) shall deploy Social Welfare Attachés in countries with large concentration of Overseas Filipino Workers (OFWs), as determined in coordination with the Department of Foreign Affairs (DFA) and the Department of Labor and Employment (DOLE). The Social Welfare Attaché shall possess the minimum qualifications set by the Civil Service Commission (CSC) and the preferred qualifications prescribed by the DSWD."

RULE IV

Definition of Terms

SECTION 5. For purposes of this IRR, the following shall be defined as follows:

5.1 Head of Post (HoP) — refers to the Philippine Ambassador, Consul General, Chief of Mission and other Officer of the Foreign Post as designated by the Secretary of the Department of Foreign Affairs (DFA) or appointed by the President;

5.2 Home Office — refers to Department of Social Welfare and Development;

5.3 Overseas Filipinos (OFs) — refers to migrant workers and all other Filipino nationals and their dependents situated abroad. 1 It shall include OFWs or Migrant Workers;

5.4 Overseas Filipinos in Distress — refers to persons who are suffering from stress, trauma, crisis, or any difficult circumstances needing any intervention such as, but not limited to, counseling and referral to legal and/or medical assistance;

5.5 Overseas Filipino Worker (OFW) or Migrant Worker — refers to a person who is to be engaged, is engaged, or has been engaged in a remunerated activity in a state of which he or she is not a citizen or on board a vessel navigating the foreign seas other than a government ship used for military or non-commercial purposes, or on an installation located offshore or on the high seas. A "person to be engaged in a remunerated activity" refers to an applicant worker who has been promised or assured employment overseas; 2

5.6 Post — refers to all Philippine embassies, consulates general, missions and other foreign establishments maintained by the Department of Foreign Affairs. 3 It also refers to Foreign Post or Diplomatic Post;

5.7 Psychosocial Services — refers to services that are of non-biomedical means to positively affect a person's behavior and relationship with the society in order to reduce the impact of stress brought about by a crisis. It may include, but is not limited to, giving immediate relief to psychological and emotional issues under specific circumstances; 4

5.8 Social Welfare Attaché (SWAtt) — refers to a registered social worker of DSWD deployed as the head of the Office of the Social Welfare Attaché at the Foreign Post and carries out its functions and duties as enumerated in Section 7 of this IRR;

5.9 Social Work Case Management — refers to the method of providing services whereby a [registered] social worker assesses the needs of the clients and the client's family when appropriate, and arranges, coordinates, monitors, evaluates, and advocates for a package of services to meet the client's specific and complex needs; 5

5.10 Social Welfare Situationer — refers to a report made as a result of survey/profiling of served Overseas Filipinos in the Foreign Posts.

RULE V

Office of the Social Welfare Attaché (OSWA)

SECTION 6. The Office of the Social Welfare Attaché (OSWA) serves as the arm of DSWD in the provision of social welfare and development programs and services, through its Home Office and Office at the Foreign Posts towards the protection of the rights and promotion of the welfare of the Overseas Filipinos and their families especially those in distress.

SECTION 7. Functions and Responsibilities of OSWA in the Home Office. —

7.1 Manages and sustains the deployment of SWAtts in countries where there are large concentration of Overseas Filipinos and their families;

7.2 Ensures timely provision of appropriate social welfare and development programs and services to Overseas Filipinos and their families;

7.3 Supervises, monitors, provides direction, technical assistance and resources to the OSWA at the Foreign Posts to ensure effective and efficient implementation of social welfare and development programs and services in addressing the needs of target clientele;

7.4 Develops and/or enhances operational guidelines and other technical materials for the use of OSWA and SWAtts at the Foreign Post;

7.5 Formulates policies and programs to support the operations of OSWA and for use of SWAtts at the Foreign Post;

7.6 Facilitates and sustains inter-agency network in the provision of repatriation program and reintegration services to distressed Overseas Filipinos and their families;

7.7 Upon request of DFA and whenever applicable, sends qualified registered Social Workers as augmentation during conduct of Humanitarian Mission as approved by the Secretary;

7.8 Provides technical assistance on Social Work Case Management and migration related issues to DSWD Field Offices, Local Government Units (LGUs) through their Local Social Welfare Development Offices (LSWDOs) and other relevant stakeholders;

7.9 In absence of a SWAtt in a certain Post and should there be a crisis and urgent concern, a SWAtt may radiate and provide the needed social welfare programs and services upon the approval of the DSWD Secretary;

7.10 Performs other related functions in the delivery of social services, as may be directed by the DSWD Secretary.

SECTION 8. Functions and Duties of Social Welfare Attaché. —

8.1 Manages cases of 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, emotional or mental abuse, and cases of abandoned or neglected children;

8.2 Undertakes surveys and prepare official social welfare situationers;

8.3 Establishes a network with overseas-based social welfare agencies and/or individuals and groups duly recognized by the Head of Post which may be mobilized to assist in the provision of appropriate social services;

8.4 Responds to and monitors the resolution of problems and complaints or queries of OFs and their families;

8.5 Establishes and maintains a data bank and documentation of OFs and their families with disaggregated data so that appropriate social welfare and development programs and services can be more effectively provided;

8.6 Submits regular reports to the DSWD and the HoP on plans and activities undertaken, recommendations, and updates on the situation of OFs, particularly those encountering difficulties in the host country. Said report shall form part of the semi-annual report to Congress as provided under Section 33 of Republic Act No. 8042, as amended;

8.7 Provides information about the DSWD and its attached agencies and services;

8.8 Performs other related functions in the delivery of social services, as may directed by the head of the Diplomatic Post in the area of assignment. This may include, but is not limited to the following:

8.8.1 Hospital, jail or detention visits;

8.8.2 Support the Humanitarian Mission during amnesty, mass deportation and/or repatriation; or

8.8.3 Provides appropriate assistance to residents in the Migrant Workers and other Overseas Filipinos Resource Center (MWOFRC) and other established facilities by the Posts.

8.9 Performs other related functions in the delivery of social services, as may be directed by the DSWD Secretary.

RULE VI

Qualifications of the Social Welfare Attaché

SECTION 9. Qualifications. — The SWAtt shall possess the minimum qualifications set by the Civil Service Commission and preferred qualifications prescribed by DSWD.

SECTION 10. Assignment in the Foreign Post. — The SWAtt shall be deployed for three (3) consecutive years per Foreign Post unless extended by the Secretary based on DSWD guidelines and applicable provisions of the Philippine Foreign Service Act.

SECTION 11. Data Banking and Documentation. — Documentation and related-data on operations and undertakings of the OSWA shall be documented through a system for records and data storage and/or in coordination with other concerned agencies. Provided that the processing of any information shall be done in accordance with the existing rules and laws.

SECTION 12. Remuneration and Other Benefits. — The SWAtts shall be entitled to all benefits, remunerations, allowances and emoluments as provided for and governed by the Philippine Foreign Service Act as well as by the DFA, DBM, CSC and DSWD guidelines, policies, and issuances for Foreign Service personnel.

RULE VII

Deployment of Social Welfare Attaché (SWAtt)

SECTION 13. Criteria and Determining Posts of Deployment. — Social Welfare Attachés are deployed in coordination with the Department of Foreign Affairs (DFA) and Department of Labor and Employment (DOLE), based on, but not limited to the following criteria:

13.1 Large concentration of OFs;

13.2 High magnitude of reported cases of irregular, distressed and vulnerable OFs as determined in coordination with the DFA and DOLE;

13.3 Emerging and increasing number of cases of children needing special protection such as abandoned, neglected, exploited and abused, including those needing alternative family care; or

13.4 Presence of established Migrant Workers and Overseas Filipino Resource Center (MWOFRC).

In consideration of the above-mentioned criteria, the number of OSWA personnel at the Home Office and at the Foreign Post may vary depending on the situation and needs.

RULE VIII

Clientele, Programs and Services of the OSWA

SECTION 14. Clientele. — The SWAtts shall provide services to OFs and their families in distress needing psychosocial services such as victims of trafficking or illegal recruitment, rape or sexual abuse, maltreatment and other forms of physical, emotional or mental abuse, and cases of abandoned, neglected, and other children needing special protection (CNSP).

SECTION 15. Programs and Services. — The following are the social welfare and development programs and services, provided to OFs and their families using the established process:

15.1 Psychosocial Services;

15.2 Assistance to Individuals in Crisis Situation (AICS);

15.3 Pre-Marriage & Marriage Counseling Services;

15.4 Referral Services;

15.5 Socio-Cultural and Capability Building Activities;

15.6 Repatriation Program and Reintegration Services; and

15.7 Other DSWD programs and services.

RULE IX

One-Country Team Approach

SECTION 16. The SWAtt as Head of OSWA at the Foreign Post is a member of the One-Country Team under the leadership of the Head of Post; 6 however, the DSWD Secretary shall have the primary responsibility over OSWA at the Foreign Post.

RULE X

Appropriations

SECTION 17. The Secretary of Social Welfare and Development shall ensure the implementation of R.A. No. 11299 by including in the DSWD's programs the establishment of OSWA and the deployment of SWAtt, the funding of which shall be included in the annual General Appropriations Act.

RULE XI

Miscellaneous Provisions

SECTION 18. Separability Clause. — If, for any reason, any section or provision of this IRR is declared unconstitutional or invalid, other sections or provisions hereof shall remain in force.

SECTION 19. Transitory and Repealing Clause. — Rules, regulations or parts thereof inconsistent with the provisions of this IRR are hereby modified accordingly.

SECTION 20. Effectivity Clause. — This IRR shall take effect 15 days after the date of its publication in at least two newspapers of general circulation and from filing of three certified copies with the University of the Philippines Law Center.

 

(SGD.) ROLANDO JOSELITO D. BAUTISTASecretary

 

Footnotes

1. Rule II, Sec. 1 (ii), Omnibus Rules and Regulations Implementing the Migrant Workers and Overseas Filipinos Act of 1995, as amended by Republic Act No. 10022.

2.Ibid. at Sec. 1 (jj).

3. Title I, Sec. 5 (k), R.A. No. 7157, otherwise known as the "Philippine Foreign Service Act of 1991."

4. Item VI, Memorandum Circular No. 11, series of 2019.

5. [National Association for Social Workers] Standards for Social Work Case Management, June 1992, retrieved from: https://files.eric.ed.gov/fulltext/ED365909.pdf

6. Executive Order No. 74 series 1993 — "Directing the Adoption of the Country-Team Approach in the Conduct of Development Diplomacy."

 

Published in the Manila Bulletin on May 27, 2020.

Published in the Official Gazette, Vol. 116, No. 22, p. 4079 on June 1, 2020.