Lawmakers propose requiring formal docs for temporary guardians of OFWs’ children

The House committee on overseas workers affairs has unified two bills aimed at establishing welfare measures for families left behind by overseas Filipino workers (OFWs). The bills propose the requirement for an OFW to formally apply to designate a temporary guardian for their child when the other parent cannot care for them.

Authored by OFW Representative Marissa Magsino, House Bills 370 and 8560 underscore the socio-economic challenges and dangers faced by OFWs’ families.

Magsino, during her sponsorship speech for HB 370, highlighted the high social costs of OFWs being separated from their families. She said, “Despite the financial benefits of working abroad, overseas Filipino workers and their families become vulnerable to certain challenges when the OFW is away.”

Furthering her argument in the sponsorship speech for HB 8560, she cited two heart-wrenching cases of OFW children who were harmed by the caretakers their parents entrusted them to.

To mitigate such tragedies, HB 8650 proposes a structured temporary guardianship system. Under this system, OFWs can appoint a “temporary guardian” to ensure the safety of their minor children. The guardian, who will be monitored by local officials and the Department of Social Welfare and Development (DSWD), can be a close relative, an elder sibling, the minor’s actual custodian, or any individual with a certified good moral character.

Magsino also touched upon the emotional and social challenges that arise from labor migration, stating that the potential benefits of working abroad often get negated by the damage caused to families back home.

In addition to guardianship measures, HB 370 proposes the establishment of OFW Family Centers across the nation. These centers, affiliated with the Department of Migrant Workers and the DSWD, will offer welfare assistance, counseling, and serve as hubs connecting families to various government services.

While the committee chair, Representative Ron Salo, appreciated the proposed bills, he expressed concerns. He emphasized the need to ensure that temporary guardians are not discouraged from taking up the role due to the potential risk of sanctions, which could extend to criminal prosecution for negligence.

Carmelita Nuqui, president of Philippine Migrants Rights Watch, emphasized that although these measures can help, nothing compares to a parent’s care. She urged lawmakers to also focus on creating more local job opportunities to reduce the need for overseas employment, highlighting the significant social cost of migration.

The broader picture, as Nuqui suggests, involves enhancing local employment coordination between the Department of Migrant Workers and the Department of Labor and Employment.