A party-list lawmaker has filed a bill seeking to institutionalize mechanisms, under the Parens Patriae doctrine, for the protection of minor children whose parents are working as Overseas Filipino Workers (OFWs).
Rep. Marissa Magsino of OFW party list group filed House Bill 8560 noting that in March 2023, a Filipina OFW in Saudi Arabia tragically lost her four children, aged 5, 9, 12, and 14, when her live-in partner fatally stabbed them before taking his own life.
Similarly, in November of the previous year, two children, aged 11 and 15, were raped and killed by the boyfriend of their OFW mother in the Middle East. These incidents have spurred the Department of Migrant Workers (DMW) to take immediate action in protecting children left under the care of non-parents and preventing any future occurrences of such violence.
“The urgency for this legislation arises from the vulnerability of children, particularly minors, to various forms of violence, exploitation, and abuse that may occur in their surroundings when their single parent or both parents are toiling hard abroad.” said Magsino.
The proposed measure outlines mechanisms to provide temporary guardianship, ensuring the safety and well-being of children during the absence of their OFW-parents. Through the system, absentee parents will have the ability to designate trusted individuals as temporary guardians, facilitating regular communication, and enabling the continued provision of necessary emotional and financial support to their children.
Under the bill, a solo-parent OFW, or legal spouses or common-law partners who are both OFWs and are both employed overseas at the same time, and who have a minor child or children who will be left in the Philippines, shall, prior to departure to their host countries, execute a written document designating another person as temporary guardian for the purpose of exercising parental responsibility over the minor child/children for a specified period of time coinciding with the former’s absence.
Any of the following persons may be designated as temporary guardian under House Bill 8560: surviving grandparent; elder sibling over twenty-one years of age; relative of the minor child within the third degree of consanguinity; minor child’s actual custodian over twenty-one years of age; and any person known to possess a good moral character as certified by the barangay unit having jurisdiction over the residence of the minor child and with no known criminal record or history.
To ensure the effectiveness of the system, the bill mandates close monitoring by barangay officials and the Department of Social Welfare and Development (DSWD). This provision aims to assess the children’s well-being, detect any signs of dysfunction or threats they may face, and report such concerns to relevant authorities for timely and appropriate interventions. Their role is to ensure that all parties fulfill their responsibilities diligently, with appropriate sanctions in cases of neglect or non-compliance.
“No matter the circumstance, every child has the right to be protected from violence, exploitation and abuse. Above all, protecting children means protecting their physical, mental and psychosocial needs to safeguard their future. And that is the primordial duty of responsible parenting, with more reason for those who work abroad and leave their children behind,” Magsino said.
