Beyond Borders: Lawmakers urge to require documents for temporary guardians of OFWs’ kids

ARTICLE: JHOVIE BERASIS | FEBRUARY 3, 2024

An OFW in Japan video calling her children back home. | via Jhovie Berasis

In the heart of every overseas Filipino worker (OFW), there lies an enduring commitment to provide a better life for their families. Amidst narratives of sacrifice and resilience, there exists a lesser-known chapter—the touching story of their children left behind. These young souls navigate the challenges of growing up without the daily presence of their parents, forging a unique resilience of their own.

As the global Filipino workforce continues to contribute to economies worldwide, the spotlight turns towards the often-overlooked struggles faced by their children.

Some OFW children face a lack of proper supervision as they may be left in the care of their relatives, neighborhood, or their parents' friends. This situation can expose them to risks such as exploitation, neglect, or even abuse.

According to the 2023 National Baseline Study on Violence Against Children, three out of five children between the ages of 13 and 24 have encountered various forms of childhood physical violence.

In 2017, the Mindanao Migrants Center for Empowering Actions Inc. (MMCEAI) in Davao City reported documenting a total of 132 instances of abuse and molestation involving children of Overseas Filipino Workers (OFWs).

Inorisa Sialana-Elento, the executive director of MMCEAI, noted that their data from 2014 to 2017 revealed multiple cases of mistreatment directed at children of OFWs, who were consistently experiencing heightened levels of "worry and fear."

In a news report from the Inquirer, four young children of an OFW aged 14 to 15, were stabbed to death by her live-in boyfriend in Cavite on March 9, 2023. As a result, the suspect committed suicide following the incident.

According to the Philippine National Police (PNP), they discovered a message written in blood by the suspect, directed to the mother of the victims, seeking forgiveness. They also eyed ‘jealousy’ as a potential motive for the incident.

The details of this case underscore the significance of addressing issues related to guardianship arrangements concerning the children of OFWs. This also highlights the need for comprehensive and effective measures to ensure the safety and well-being of these children in the absence of their parents.

Legal challenges

House Bill (HB) 8560, known as the “OFW Left Behind-Children Protection Act,” seeks to establish a temporary guardianship system in which OFWs can ensure their minor children’s safety by designating a trusted “temporary guardian.” This individual will be monitored by barangay officials and the Department of Social Welfare and Development (DSWD).

The temporary guardianship can be designated to a living grandparent, an older sibling over 21, a relative within the third degree of consanguinity, the minor's actual custodian over 21, or any other person known to have good moral character as confirmed by the relevant barangay and who has no known criminal record.

During a committee hearing in the House of Representatives on August 16, 2023, OFW Partylist Representative Marissa Magsino noted that societal burdens and potential drawbacks associated with the separation of Filipino workers from their families create huge impacts on their lives.

“These serious tragedies are not just stories; they’re real-life experiences of our OFWs who paid the high price of their involuntary absence as parents,” Magsino said.

As of writing, the bill has been pending on the Committee on Overseas Workers Affairs since July 5, 2023.

No substitute for a parent's presence

One of the challenges a child can experience is the physical absence of one or both parents due to overseas work. This separation can lead to feelings of abandonment, loneliness, and a lack of emotional support. There are also instances in which OFWs still worry about their family being left behind while being apart from them.

In addressing the specific concerns of OFWs, House Bill 370 seeks to establish OFW Family Centers as centralized hubs providing comprehensive support to the families of OFWs. These centers aim to address various aspects of well-being, facilitate collaboration with non-governmental organizations, and improve the connection between left-behind households and government services related to overseas employment.

While other individuals or caregivers can play important and supportive roles in a child's life, the unique combination of emotional connection, security, unconditional love, guidance, and biological factors makes a parent's presence difficult to replace.

“There is no substitute for a mother taking care of her child, even if we institutionalize legal temporary guardians,” said Philippine Migrants Rights Watch President Carmelita Nuqui.