Executive Order No. 287




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ EXECUTIVE ORDER NO. 287, February 24, 2004 ] DIRECTING THE DEPLOYMENT/POSTING OF SOCIAL WELFARE ATTACHES IN SELECTED DIPLOMATIC POSTS WHEREAS, Sec. 19 of Republic Act No. 8042, otherwish known as the "Migrant Workers and Overseas Filipinos Act" requires the establishment of Migrant Workers and Overseas Filipinos Resource Centers in countries where there are large concentrations of Filipino migrant workers to provide counseling, legal and welfare assistance and other services to OFW’s; WHEREAS, Art. 21 of the Labor Code of the Philippines requires the Labor Attaches and consular officials to provide protection to Filipino workers on all matters arising out of employment; to ensure that they are not exploited or discriminated against; and to verify and certify that the terms and conditions of employment contracts are in accordance with the Labor Code and the rules and regulations of Overseas Workers Welfare Administration (OWWA). WHEREAS, Sec. 16 of Republic Act No. 9208, otherwise known as the "Anti-Trafficking in Persons Act of 2003", has mandated government agencies, specifically the Department of Social Welfare and Development (DSWD) to establish and implement rehabilitative and protective programs for victims of such trafficking; WHEREAS, Executive Order No. 221 mandates the DSWD to provide care, protection, and rehabilitation of that segment of the country’s population which has the least in life and which needs social welfare assistance and social work intervention to restore their normal functioning and participation in community affairs; WHEREAS, Republic Act 8043 mandates the Secretary of the DSWD to provide care, protection, and rehabilitation of that segment of the country’s population which has the least in life and which needs social welfare assistance and social work intervention to restore their normal functioning and participation in community affairs; WHEREAS, to meet the above-mentioned responsibilities, the DSWD entered into an agreement with the Department of Foreign Affairs (DFA) on the deployment of Social Welfare Attaches to Philippine Foreign Posts with large concentration of Overseas Filipino Workers (OFWs). NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby direct the deployment of social workers as Social Welfare Attaches in selected diplomatic posts with large concentration of OFWs, and in relation thereto, order the following; Section 1. Selection of Diplomatic Posts. The Social Welfare attaches shall be deployed in countries with the highest concentration of Overseas Filipino Workers (OFWs) as determined in coordination with the Department of Foreign Affairs, Department of Labor and Employment and Philippine Overseas Employment Agency. Section 2. Functions and Duties of the Social Welfare Attache. The Social Welfare Attache so deployed shall perform the following functions and duties at post: 2.1 Undertake surveys and prepare official social welfare situationers on the OFWs in the area of assignment; 2.2 Establish a network with overseas-based social welfare agencies and/or individuals and groups which may be mobilized to assist in the provision of appropriate social services; 2.3 Respond to and monitor the resolution of problems and complaints/queries of OFWs and their families; 2.4 Establish and maintain a system of data banking and documentation of OFWs and their families so that appropriate social welfare services can be more effectively provided.1a⍵⍴h!1 2.5 Submit regular reports to the DSWD and DFA Home Office on plans and activities undertaken, recommendations, and updates on the situation of OFWs particularly those encountering difficulties in the host country. Said report may form part of the Semi-Annual report to Congress as provided under Section 33 of RA 8042. 2.6 Provide information about DSWD and its attached agencies and services. 2.7 Perform other related function in the delivery of social services, as may be directed by the Head of the Diplomatic Post in the area of assignment. Section 3. Institutional Arrangement. The DSWD, DFA and DOLE are mandated to perform the following tasks/functions in the implementation of this Order: 3.1 Department of Social Welfare and Development (DSWD) 3.1.1 Designate and assign from among its ranks, the most qualified personnel to be deployed as Social Welfare Attaches; 3.1.2 Provide for the salary and other benefits of the said personnel including overseas allowances and other emoluments attached to the position, 3.1.3 Provide available training and other related activities to promote efficiency and effectiveness in the discharge of functions and duties prior to deployment; 3.1.4 Exercise technical supervision over its deployed personnel in coordination with the DFA and DOLE and other relevant agencies and organizations; 3.1.5 Tap and allocate funds for the supervision of basic welfare services needed by the OFWs; 3.2 Department of Foreign Affairs (DFA) 3.2.1 Facilitate accreditation of deployed DSWD personnel; 3.2.2 Assist the DSWD in the conduct of the pre-deployment orientation and other relevant training program to the assigned personnel; 3.2.3 Assist the DSWD in facilitating requisites for deployment; 3.2.4 Provide logistical support to the Social Welfare Attache including adequate office space whenever feasible; and 3.2.5 Undertake administrative and operational supervision to the deployed personnel in coordination with DSWD and other relevant agencies and organizations. 3.3 Department of Labor and Employment (DOLE) 3.3.1 Work with DSWD in the provision of skills training and other welfare services to the OFWs to facilitate complementation of services; and 3.3.2 Assist the DSWD in the conduct of orientation training and immersion program for the Social Welfare Attache prior to deployment. Section 4. Funding. The heads of the departments and agencies concerned shall immediately include their responsibilities under this order in their respective work programs and issue such internal guidelines as appropriate to implement the same, the funding of which shall be included in the annual General Appropriations Act. Section 5. Effectivity. This Executive Order shall take effect immediately. DONE, in the City of Manila, this 24th day of February, in the year or Our Lord, Two Thousand and Four. (SGD.) GLORIA MACAPAGAL-ARROYO President of the Philippines By the President: (SGD.) ALBERTO G. ROMULO Executive Secretary The Lawphil Project - Arellano Law Foundation