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RA 8042 Vs RA10022

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0% found this document useful (0 votes)
26 views23 pages

RA 8042 Vs RA10022

Uploaded by

Danica Flores
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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RA 8042 RA 10022

SEC. 2. DECLARATION OF POLICIES-- Section 1. Paragraphs (a), (e), (g) and (h) of Section 2 of Republic Act. No. 8042, as amended, otherwise
known as the "Migrant Workers and Overseas Filipinos Act of 1995," is hereby amended to read as follows:
(a) In the pursuit of an independent foreign policy and while considering national
sovereignty, territorial integrity, national interest and the right to self-determination "(a) In the pursuit of an independent foreign policy and while considering national sovereignty, territorial
paramount in its relations with other states, the State shall, at all times, uphold the integrity, national interest and the right to self-determination paramount in its relations with other states, the
dignity of its citizens whether in country or overseas, in general, and Filipino migrant State shall, at all times, uphold the dignity of its citizens whether in country or overseas, in general, and
workers, in particular. Filipino migrant workers, in particular, continuously monitor international conventions, adopt/be signatory to
and ratify those that guarantee protection to our migrant workers, and endeavor to enter into bilateral
(e) Free access to the courts and quasi-judicial bodies and adequate legal agreements with countries hosting overseas Filipino workers."
assistance shall not be denied to any persons by reason of poverty. In this regard,
it is imperative that an effective mechanism be instituted to ensure that the "(e) Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to
rights and interest of distressed overseas Filipinos, in general, and Filipino any person by reason of poverty. In this regard, it is imperative that an effective mechanism be instituted to
migrant workers, in particular, documented or undocumented, are adequately ensure that the rights and interest of distressed overseas Filipinos, in general, and Filipino migrant workers,
protected and safeguarded. in particular, whether regular/documented or irregular/undocumented, are adequately protected and
safeguarded."
(g) The State recognizes that the ultimate protection to all migrant workers is the
possession of skills. Pursuant to this and as soon as practicable, the government shall "(g) The State recognizes that the most effective tool for empowerment is the possession of skills by migrant
deploy and/or allow the deployment only to skilled Filipino workers. workers. The government shall provide them free and accessible skills development and enhancement
programs. Pursuant to this and as soon as practicable, the government shall deploy and/or allow the
(h) Non-governmental organizations, duly recognized as legitimate, are partners deployment only of skilled Filipino workers."
of the State in the protection of Filipino migrant workers and in the promotion of
their welfare, the State shall cooperate with them in a spirit of trust and mutual "(h) The State recognizes non-governmental organizations, trade unions, workers associations, stakeholders
respect. and their similar entities duly recognized as legitimate, are partners of the State in the protection of Filipino
migrant workers and in the promotion of their welfare. The State shall cooperate with them in a spirit of trust
and mutual respect. The significant contribution of recruitment and manning agencies shall from part this
partnership."
SEC. 3. DEFINITIONS. - For purposes of this Act: Section 2. Section 3, paragraph (a) of Republic Act No. 8042, as amended, is hereby amended to read as
follows:
(a) "Migrant worker" refers to a person who is to be engaged, is engaged or has been
engaged in a renumerated activity in a state of which he or she is not a legal resident to "(a) "Overseas Filipino worker" refers to a person who is to be engaged, is engaged or has been engaged in
be used interchangeably with overseas Filipino worker. 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 miliatry or non-commercial purposes or on an installation
located offshore or on the high seas; to be used interchangeably with migrant worker."
SEC. 4. Deployment of Migrant Workers - The State shall deploy overseas Filipino workers Section 3. Section 4 of Republic Act No. 8042, as amended, is hereby amended to rerad as follows:
only in countries where the rights of Filipino migrant workers are protected. The
government recognizes any of the following as guarantee on the part of the receiving "SEC. 4. Deployment of Migrant Workers. - The State shall allow the deployment of overseas Filipino
country for the protection and the rights of overseas Filipino workers: workers only in countries where the rights of Filipino migrant workers are protected. The government
recognizes any of the following as a guarantee on the part of the receiving country for the protection of the
(a) It has existing labor and social laws protecting the rights of migrant workers; rights of overseas Filipino workers:

(b) It is a signatory to multilateral conventions, declaration or resolutions relating to the "(a) It has existing labor and social laws protecting the rights of workers, including migrant workers;
protection of migrant workers;
"(b) It is a signatory to and/or a ratifier of multilateral conventions, declarations or resolutions relating
(c) It has concluded a bilateral agreement or arrangement with the government to the protection of workers, including migrant workers; and
protecting the rights of overseas Filipino workers; and
"(c) It has concluded a bilateral agreement or arrangement with the government on the protection of
(d) It is taking positive, concrete measures to protect the rights of migrant workers. the rights of overseas Filipino Workers:

Provided, That the receiving country is taking positive, concrete measures to protect the rights of migrant
workers in furtherance of any of the guarantees under subparagraphs (a), (b) and (c) hereof.

"In the absence of a clear showing that any of the aforementioned guarantees exists in the country of
destination of the migrant workers, no permit for deployment shall be issued by the Philippine Overseas
Employment Administration (POEA).

"The members of the POEA Governing Board who actually voted in favor of an order allowing the
deployment of migrant workers without any of the aforementioned guarantees shall suffer the penalties of
removal or dismissal from service with disqualification to hold any appointive public office for five (5) years,
Further, the government official or employee responsible for the issuance of the permit or for allowing the
deployment of migrant workers in violation of this section and in direct contravention of an order by the
POEA Governing Board prohibiting deployment shall be meted the same penalties in this section.

"For this purpose, the Department of Foreign Affairs, through its foreign posts, shall issue a certification to
the POEA, specifying therein the pertinent provisions of the receiving country's labor/social law, or the
convention/declaration/resolution, or the bilateral agreement/arrangement which protect the rights of migrant
workers.

"The State shall also allow the deployment of overseas Filipino workers to vessels navigating the foreign
seas or to installations located offshore or on high seas whose owners/employers are compliant with
international laws and standards that protect the rights of migrant workers.

"The State shall likewise allow the deployment of overseas Filipino workers to companies and contractors
with international operations: Provided, That they are compliant with standards, conditions and requirements,
as embodied in the employment contracts prescribed by the POEA and in accordance with internationally-
accepted standards."
SEC. 5. TERMINATION OR BAN ON DEPLOYMENT - Notwithstanding the provisions Section 4. Section 5 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
of Section 4 hereof, the government, in pursuit of the national interest or when
public welfare so requires, may, at any time, terminate or impose a ban on the "SEC. 5. Termination or Ban on Deployment. - Notwithstanding the provisions of Section 4 hereof, in pursuit
deployment of migrant workers. of the national interest or when public welfare so requires, the POEA Governing Board, after consultation
with the Department of Foreign Affairs, may, at any time, terminate or impose a ban on the deployment of
migrant workers."
Sec. 6. DEFINITIONS. - For purposes of this Act, illegal recruitment shall mean any act of Section 5. Section 6 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
canvassing, enlisting, contracting, transporting, utilizing, hiring, procuring workers and
includes referring, contact services, promising or advertising for employment abroad, "SEC. 6. Definition. - For purposes of this Act, illegal recruitment shall mean any act of canvassing,
whether for profit or not, when undertaken by a non-license or non-holder of authority enlisting, contracting, transporting, utilizing, hiring, or procuring workers and includes referring,
contemplated under Article 13(f) of Presidential Decree No. 442, as amended, otherwise contract services, promising or advertising for employment abroad, whether for profit or not, when
known as the Labor Code of the Philippines. Provided, that such non-license or non- undertaken by non-licensee or non-holder of authority contemplated under Article 13(f) of Presidential
holder, who, in any manner, offers or promises for a fee employment abroad to two or
Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines: Provided, That any
more persons shall be deemed so engaged. It shall likewise include the following acts,
such non-licensee or non-holder who, in any manner, offers or promises for a fee employment abroad to two
whether committed by any persons, whether a non-licensee, non-holder, licensee or
or more persons shall be deemed so engaged. It shall likewise include the following acts, whether committed
holder of authority.
by any person, whether a non-licensee, non-holder, licensee or holder of authority:
(a) To charge or accept directly or indirectly any amount greater than the specified in the
schedule of allowable fees prescribed by the Secretary of Labor and Employment, or to OVERCHARGING
make a worker pay any amount greater than that actually received by him as a loan or
advance; "(a) To charge or accept directly or indirectly any amount greater than that specified in the schedule
of allowable fees prescribed by the Secretary of Labor and Employment, or to make a worker pay or
(b) To furnish or publish any false notice or information or document in relation to acknowledge any amount greater than that actually received by him as a loan or advance;
recruitment or employment;
FALSE NOTICE
(c) To give any false notice, testimony, information or document or commit any act of
misrepresentation for the purpose of securing a license or authority under the Labor "(b) To furnish or publish any false notice or information or document in relation to recruitment or
Code; employment;

(d) To induce or attempt to induce a worker already employed to quit his employment in MISREPRESENTATION TO SECURE LICENSE
order to offer him another unless the transfer is designed to liberate a worker from
oppressive terms and conditions of employment; "(c) To give any false notice, testimony, information or document or commit any act of
misrepresentation for the purpose of securing a license or authority under the Labor Code, or
(e) To influence or attempt to influence any persons or entity not to employ any worker for the purpose of documenting hired workers with the POEA, which include the act of reprocessing
who has not applied for employment through his agency; workers through a job order that pertains to nonexistent work, work different from the actual overseas
work, or work with a different employer whether registered or not with the POEA;
(f) To engage in the recruitment of placement of workers in jobs harmful to public health
or morality or to dignity of the Republic of the Philippines; INDUCING WORKER TO QUIT

OBSTRUCTING INSPECTION "(d) To include or attempt to induce a worker already employed to quit his employment in order to
offer him another unless the transfer is designed to liberate a worker from oppressive terms and
(g) To obstruct or attempt to obstruct inspection by the Secretary of Labor and conditions of employment;
Employment or by his duly authorized representative;
INDUCEMENT NOT TO EMPLOY
(h) To fail to submit reports on the status of employment, placement vacancies,
remittances of foreign exchange earnings, separations from jobs, departures and such
other matters or information as may be required by the Secretary of Labor and "(e) To influence or attempt to influence any person or entity not to employ any worker who has not
Employment; applied for employment through his agency or who has formed, joined or supported, or has contacted
or is supported by any union or workers' organization;
(i) To substitute or alter to the prejudice of the worker, employment contracts approved
and verified by the Department of Labor and Employment from the time of actual signing RECRUITMENT FOR HARMFUL JOBS
thereof by the parties up to and including the period of the expiration of the same
without the approval of the Department of Labor and Employment; "(f) To engage in the recruitment or placement of workers in jobs harmful to public health or
morality or to the dignity of the Republic of the Philippines;
(j) For an officer or agent of a recruitment or placement agency to become an officer or
member of the Board of any corporation engaged in travel agency or to be engaged
FAILURE TO SUBMIT REPORTS
directly on indirectly in the management of a travel agency;
"(h) To fail to submit reports on the status of employment, placement vacancies, remittance of foreign
(k) To withhold or deny travel documents from applicant workers before departure for
exchange earnings, separation from jobs, departures and such other matters or information as may
monetary or financial considerations other than those authorized under the Labor Code
and its implementing rules and regulations; be required by the Secretary of Labor and Employment;

(l) Failure to actually deploy without valid reasons as determined by the Department of CONTRACT SUBSTITUTION
Labor and Employment; and
"(i) To substitute or alter to the prejudice of the worker, employment contracts approved and verified
(m) Failure to reimburse expenses incurred by the workers in connection with his by the Department of Labor and Employment from the time of actual signing thereof by the parties up
documentation and processing for purposes of deployment, in cases where the to and including the period of the expiration of the same without the approval of the Department of
deployment does not actually take place without the worker's fault. Illegal recruitment Labor and Employment;
when committed by a syndicate or in large scale shall be considered as offense involving
economic sabotage. INVOLVEMENT OF THE RECRUITER TO ANY TRAVEL AGENCY

Illegal recruitment is deemed committed by a syndicate carried out by a group of three "(j) For an officer or agent of a recruitment or placement agency to become an officer or member of
(3) or more persons conspiring or confederating with one another. It is deemed the Board of any corporation engaged in travel agency or to be engaged directly or indirectly in the
committed in large scale if committed against three (3) or more persons individually or as management of travel agency;
a group.
WITHHOLDING OR DENIAL OF TRAVEL DOCUMENTS
The persons criminally liable for the above offenses are the principals, accomplices and
accessories. In case of juridical persons, the officers having control, management or
"(k) To withhold or deny travel documents from applicant workers before departure for
direction of their business shall be liable.
monetary or financial considerations, or for any other reasons, other than those authorized
under the Labor Code and its implementing rules and regulations;

FAILURE TO DEPLOY

"(l) Failure to actually deploy a contracted worker without valid reason as determined by the
Department of Labor and Employment;

FAILURE TO REIMBURSE

"(m) Failure to reimburse expenses incurred by the worker in connection with his
documentation and processing for purposes of deployment, in cases where the deployment
does not actually take place without the worker's fault. Illegal recruitment when committed by
a syndicate or in large scale shall be considered an offense involving economic sabotage;
and

NON-FILIPINO MANAGER

"(n) To allow a non-Filipino citizen to head or manage a licensed recruitment/manning agency.

"Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more persons
conspiring or confederating with one another. It is deemed committed in large scale if committed against
three (3) or more persons individually or as a group.

"In addition to the acts enumerated above, it shall also be unlawful for any person or entity to commit the
following prohibited acts:

EXCESSIVE INTEREST

"(1) Grant a loan to an overseas Filipino worker with interest exceeding eight percent (8%) per
annum, which will be used for payment of legal and allowable placement fees and make the migrant
worker issue, either personally or through a guarantor or accommodation party, postdated checks in
relation to the said loan;

SPECIFYING A LOAN ENTITY

"(2) Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is
required to avail of a loan only from specifically designated institutions, entities or persons;

NON-RENEGOTIATION OF LOAN

"(3) Refuse to condone or renegotiate a loan incurred by an overseas Filipino worker after the latter's
employment contract has been prematurely terminated through no fault of his or her own;

"(4) Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is
required to undergo health examinations only from specifically designated medical clinics,
institutions, entities or persons, except in the case of a seafarer whose medical examination cost is
shouldered by the principal/shipowner;

"(5) Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is
required to undergo training, seminar, instruction or schooling of any kind only from specifically
designated institutions, entities or persons, except fpr recommendatory trainings mandated by
principals/shipowners where the latter shoulder the cost of such trainings;

"(6) For a suspended recruitment/manning agency to engage in any kind of recruitment activity
including the processing of pending workers' applications; and

"(7) For a recruitment/manning agency or a foreign principal/employer to pass on the overseas


Filipino worker or deduct from his or her salary the payment of the cost of insurance fees, premium or
other insurance related charges, as provided under the compulsory worker's insurance coverage.

"The persons criminally liable for the above offenses are the principals, accomplices and accessories. In
case of juridical persons, the officers having ownership, control, management or direction of their business
who are responsible for the commission of the offense and the responsible employees/agents thereof shall
be liable.

"In the filing of cases for illegal recruitment or any of the prohibited acts under this section, the Secretary of
Labor and Employment, the POEA Administrator or their duly authorized representatives, or any aggrieved
person may initiate the corresponding criminal action with the appropriate office. For this purpose, the
affidavits and testimonies of operatives or personnel from the Department of Labor and Employment, POEA
and other law enforcement agencies who witnessed the acts constituting the offense shall be sufficient to
prosecute the accused.

"In the prosecution of offenses punishable under this section, the public prosecutors of the Department of
Justice shall collaborate with the anti-illegal recruitment branch of the POEA and, in certain cases, allow the
POEA lawyers to take the lead in the prosecution. The POEA lawyers who act as prosecutors in such cases
shall be entitled to receive additional allowances as may be determined by the POEA Administrator.

"The filing of an offense punishable under this Act shall be without prejudice to the filing of cases punishable
under other existing laws, rules or regulations."1avvphi1

SEC. 7. PENALTIES - Section 6. Section 7 of Republic Act No. 8042, as amended, is hereby amended to read as follows:

(a) Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment "SEC. 7. Penalties. -
of not less than six (6) years and one (1) day but not more than twelve (12) years and a
fine not less than two hundred thousand pesos (P200,000.00) nor more than five hundred "(a) Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of not
thousand pesos (P500,000.00). less than twelve (12) years and one (1) day but not more than twenty (20) years and a fine of
not less than One million pesos (P1,000,000.00) nor more than Two million pesos
(b) The penalty of life imprisonment and a fine of not less than five hundred thousand (P2,000,000.00).
pesos (P500,000.00) nor more than one million pesos (P1,000,000.00) shall be imposed if
illegal recruitment constitutes economic sabotage as defined herein.
"(b) The penalty of life imprisonment and a fine of not less than Two million pesos
(P2,000,000.00) nor more than Five million pesos (P5,000,000.00) shall be imposed if illegal
Provided, however, that the maximum penalty shall be imposed if the person illegally
recruitment constitutes economic sabotage as defined therein.
recruited is less than eighteen (18) years of age or committed by a non-licensee or non-
holder of authority. "Provided, however, That the maximum penalty shall be imposed if the person illegally recruited is
less than eighteen (18) years of age or committed by a non-licensee or non-holder of authority.

"(c) Any person found guilty of any of the prohibited acts shall suffer the penalty of imprisonment of
not less than six (6) years and one (1) day but not more than twelve (12) years and a fine of
not less than Five hundred thousand pesos (P500,000.00) nor more than One million pesos
(P1,000,000.00).

"If the offender is an alien, he or she shall, in addition to the penalties herein prescribed, be deported without
further proceedings.

"In every case, conviction shall cause and carry the automatic revocation of the license or registration of the
recruitment/manning agency, lending institutions, training school or medical clinic."
SEC. 10. MONEY CLAIMS. - Notwithstanding any provision of law to the contrary, the Section 7. Section 10 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
Labor Arbiters of the National Labor Relations Commission (NLRC) shall have the
original and exclusive jurisdiction to hear and decide, within ninety (90) calendar days "SEC. 10. Money Claims. - Notwithstanding any provision of law to the contrary, the Labor Arbiters of the
after filing of the complaint, the claims arising out of an employer-employee relationship National Labor Relations Commission (NLRC) shall have the original and exclusive jurisdiction to
or by virtue of any law or contract involving Filipino workers for overseas deployment hear and decide, within ninety (90) calendar days after the filing of the complaint, the claims arising out of
including claims for actual, moral, exemplary and other forms of damages. an employer-employee relationship or by virtue of any law or contract involving Filipino workers for overseas
deployment including claims for actual, moral, exemplary and other forms of damage. Consistent with this
The liability of the principal/employer and the recruitment/placement agency mandate, the NLRC shall endeavor to update and keep abreast with the developments in the global services
for any and all claims under this section shall be joint and several. These provisions shall industry.
be incorporated in the contract for overseas employment and shall be a condition
precedent for its approval. The performance bond to be filed by the
recruitment/placement agency, as provided by law, shall be answerable for all money "The liability of the principal/employer and the recruitment/placement agency for any and all claims
claims or damages that may be awarded to the workers. If the recruitment/placement under this section shall be joint and several. This provision shall be incorporated in the contract for
agency is a juridical being, the corporate officers and directors and partners as the case overseas employment and shall be a condition precedent for its approval. The performance bond to de filed
may be, shall themselves be jointly and solidarily liable with the corporation or by the recruitment/placement agency, as provided by law, shall be answerable for all money claims or
partnership for the aforesaid claims and damages. damages that may be awarded to the workers. If the recruitment/placement agency is a juridical being, the
corporate officers and directors and partners as the case may be, shall themselves be jointly and
Such liabilities shall continue during the entire period or duration of the solidarily liable with the corporation or partnership for the aforesaid claims and damages.
employment contract and shall not be affected by any substitution, amendment or
modification made locally or in a foreign country of the said contract. "Such liabilities shall continue during the entire period or duration of the employment contract and shall not
be affected by any substitution, amendment or modification made locally or in a foreign country of the said
Any compromise/amicable settlement or voluntary agreement on money claims contract.
inclusive of damages under this section shall be paid within four (4) months from the
approval of the settlement by the appropriate authority. "Any compromise/amicable settlement or voluntary agreement on money claims inclusive of damages under
this section shall be paid within thirty (30) days from approval of the settlement by the appropriate authority.
In case of termination of overseas employment without just, valid or
authorized cause as defined by law or contract, the workers shall be entitled to the full "In case of termination of overseas employment without just, valid or authorized cause as defined by law or
reimbursement of his placement fee with interest of twelve percent (12%) per annum, contract, or any unauthorized deductions from the migrant worker's salary, the worker shall be entitled to the
plus his salaries for the unexpired portion of his employment contract or for three (3) full reimbursement if his placement fee and the deductions made with interest at twelve percent
(12%) per annum, plus his salaries for the unexpired portion of his employment contract or for three
months for every year of the unexpired term, whichever is less. (3) months for every year of the unexpired term, whichever is less.

Non-compliance with the mandatory periods for resolutions of cases provided "In case of a final and executory judgement against a foreign employer/principal, it shall be automatically
under this section shall subject the responsible officials to any or all of the following disqualified, without further proceedings, from participating in the Philippine Overseas Employment Program
penalties: and from recruiting and hiring Filipino workers until and unless it fully satisfies the judgement award.

(a) The salary of any such official who fails to render his decision or resolutions "Noncompliance with the mandatory periods for resolutions of case provided under this section shall subject
within the prescribed period shall be, or caused to be, withheld until the said official the responsible officials to any or all of the following penalties:
complies therewith;
"(a) The salary of any such official who fails to render his decision or resolution within the prescribed
(b) Suspension for not more than ninety (90) days; or period shall be, or caused to be, withheld until the said official complies therewith;

(c) Dismissal from the service with disqualifications to hold any appointive "(b) Suspension for not more than ninety (90) days; or
public office for five (5) years.
"(c) Dismissal from the service with disqualification to hold any appointive public office for five (5)
Provided, however, that the penalties herein provided shall be without years.
prejudice to any liability which any such official may have incurred under other existing
laws or rules and regulations as a consequence of violating the provisions of this
paragraph.
"Provided, however, That the penalties herein provided shall be without prejudice to any liability which any
such official may have incured under other existing laws or rules and regulations as a consequence of
violating the provisions of this paragraph."
SEC. 13. FREE LEGAL ASSISTANCE, PREFERENTIAL ENTITLEMENT UNDER THE WITNESS Section 8. The first paragraph of Section 13 of Republic Act No. 8042, as amended is hereby amended to
PROTECTION PROGRAM. - A mechanism for free legal assistance for victims of illegal read as follows:
recruitment shall be established within the Department of Labor and Employment
including its regional offices. Such mechanism must include coordination and cooperation "SEC. 13. Free Legal Assistance; Preferential Entitlement Under the Witness Protection Program. - A
with the Department of Justice, the Integrated Bar of the Philippines, and other non- mechanism for free legal assistance for victims of illegal recruitment shall be established in the anti-illegal
governmental organizations and volunteer groups. recruitment branch of the POEA including its regional offices. Such mechanism shall include coordination
and cooperation with the Department of Justice, the Integrated Bar of the Philippines, and other non-
The provisions of Republic Act No. 6981 to the contrary, notwithstanding, any governmental organizations and volunteer groups."
person who is a victim of illegal recruitment shall be entitled to the Witness Protection
Program provided thereunder.

SEC. 16. MANDATORY REPATRIATION OF UNDERAGE MIGRANT WORKERS. - Upon discovery Section 9. Section 16 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
or being informed of the presence of migrant workers whose actual ages fall below the
minimum age requirement for overseas deployment, the responsible officers in the "SEC. 16. Mandatory Repatriation of Underage Migrant Workers. - Upon discovery or being informed of the
foreign service shall without delay repatriate said workers and advise the Department of presence of migrant workers whose ages fall below the minimum age requirement for overseas deployment,
Foreign Affairs through the fastest means of communication available of such discovery the responsible officers in the foreign service shall without delay repatriate said workers and advise the
and other relevant information. Department of Foreign Affairs through the fastest means of communication available of such discovery and
other relevant information. The license of a recruitment/manning agency which recruited or deployed an
underage migrant worker shall be automatically revoked and shall be imposed a fine of not less than Five
hundred thousand pesos (Php 500,000.00) but not more than One million pesos (Php 1,000,000.00). All fees
pertinent to the processing of papers or documents in the recruitment or deployment shall be refunded in full
by the responsible recruitment/manning agency, without need of notice, to the underage migrant worker or to
his parents or guardian. The refund shall be independent of and in addition to the indemnification for the
damages sustained by the underage migrant worker. The refund shall be paid within thirty (30) days from the
date of the mandatory repatriation as provided for in this Act."
SEC. 17. ESTABLISHMENT OF RE-PLACEMENT AND MONITORING CENTER. - A replacement Section 10. Section 17 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
and monitoring center is hereby created in the Department of Labor and Employment for
returning Filipino migrant workers which shall provide a mechanism for their reintegration "SEC. 17. Establishment of National Reintegration Center for Overseas Filipino Workers. -A national
into the Philippine society, serve as a promotion house for their local employment, and reintegration center for overseas Filipino workers (NRCO) is hereby created in the Department of Labor and
tap their skills and potentials for national development. Employment for returning Filipino migrant workers which shall provide a mechanism for their reintegration
into the Philippine society, serve as a promotion house for their local employment, and tap their skills and
The Department of Labor and Employment, the Overseas Workers Welfare potentials for national development.
Administration, and the Philippine Overseas Employment Administration shall, within
ninety (90) days from the effectivity of this Act, formulate a program that would motivate
"The Department of Labor and Employment, the Overseas Workers Welfare Administration (OWWA), and
migrant workers to plan for productive options such as entry into highly technical jobs or
the Philippine Overseas Employment Administration (POEA) shall, within ninety (90) days from the effectivity
undertakings, livelihood and entrepreneurial development, better wage employment, and
investment of savings. of this Act, formulate a program that would motivate migrant workers to plan for productive options such as
entry into highly technical jobs or undertakings, livelihood and entrepreneurial development, better wage
employment, and investment of savings.
For this purpose, the Technical Education and Skills Development Authority
(TESDA), the Technology Livelihood Resource Center (TLRC), and other government
agencies involved in training and livelihood development shall give priority to return who "For this purpose, the Technical Education and Skills Development Authority (TESDA), the Technology
had been employed as domestic helpers and entertainers. Livelihood Resource Center (TLRC), and other government agencies involved in training and livelihood
development shall give priority to returnees who had been employed as domestic helpers and entertainers."

SEC. 18. FUNCTIONS OF THE RE-PLACEMENT AND MONITORING CENTER. - The center shall Section 11. Section 18 of Republic Act No. 8042, as amended is hereby amended to read as follows:
provide the following service:
"SEC. 18. Functions of the National Reintegration Center for Overseas Filipino Workers. -The Center shall
(a) Develop livelihood programs and projects for returning Filipino migrant provide the following services:
workers in coordination with the private sector;
"(a) Develop and support programs and projects for livelihood, entrepreneurship, savings,
(b) Coordinate with appropriate private and government agencies the investments and financial literacy for returning Filipino migrant workers and their families in
promotion, development, re-placement and the full utilization of their potentials; coordination with relevant stakeholders, service providers and international organizations;

(c) Institute in cooperation with other government agencies concerned, a "(b) Coordinate with appropriate stakeholders, service providers and relevant international
computer-based information system on skilled Filipino migrant workers which shall be organizations for the promotion, development and the full utilization of overseas Filipino
accessible to all local recruitment agencies and employers, both public and private; worker returnees and their potentials;

(d) Provide a periodic study and assessment of job opportunities for returning "(c) Institute, in cooperation with other government agencies concerned, a computer-based
Filipino migrant workers.
information system on returning Filipino migrant workers shall be accessible to all local
recruitment agencies and employers, both public and private;

"(d) Proved a periodic study and assessment of job opportunities for returning Filipino migrant
workers;

"(e) Develop and implement other appropriate programs to promote the welfare of returning
Filipino migrant workers;

"(f) Maintain an internet-based communication system for on-line registration and interaction
with clients, and maintain and upgrade computer-based service capabilities of the NRCO;

"(g) Develop capacity-building programs for returning overseas Filipino workers and their
families, implementers, service providers, and stakeholders; and

"(h) Conduct research for policy recommendations and program development."


SEC. 19. ESTABLISHMENT OF A MIGRANT WORKERS AND OTHER OVERSEAS FILIPINOS Section 12. The second paragraph of Section 19 of Republic Act No. 8042, as amended, is hereby amended
RESOURCE CENTER. - Within the premises and under the administrative jurisdiction of the to read as follows:
Philippine Embassy in countries where there are large concentrations of Filipino migrant
workers, there shall be establish a Migrant Workers and Other Overseas Filipinos Resource "The establishment and operations of the Center shall be a joint undertaking of the various government
Center with the following services: agencies. The Center shall be open for twenty-four (24) hours daily including Saturdays, Sundays and
holidays, and shall be staffed by Foreign Service personnel, service attaches or officers who represent other
(a) Counseling and legal services; Philippine government agencies abroad and, if available, individual volunteers and bona fide non-
government organizations from the host countries. In countries categorized as highly problematic by the
(b) Welfare assistance including the procurement of medical and Department of Foreign Affairs and the Department of Labor and Employment and where there is a
hospitalization services; concentration of Filipino migrant workers, the government must provide a Sharia or human rights lawyer, a
psychologist and a social worker for the Center. In addition to these personnel, the government must also
(c) Information, advisory and programs to promote social integration such as hire within the receiving country, in such number as may be needed by the post, public relation officers or
post-arrival orientation, settlement and community networking services for social case officers who are conversant, orally and in writing, with the local language, laws, customs and practices.
integration; The Labor Attache shall coordinate the operation of the Center and shall keep the Chief of Mission informed
and updated on all matters affecting it."
(d) Institute a scheme of registration of undocumented workers to bring them
within the purview of this Act. For this purpose, the Center is enjoined to compel existing
undocumented workers to register with it within six (6) months from the effectivity of
this Act, under pain of having his/her passport cancelled;

(e) Human resource development, such as training and skills upgrading;

(f) Gender sensitive programs and activities to assist particular needs of


women migrant workers;

(g) Orientation program for returning workers and other migrants; and

(h) Monitoring of daily situations, circumstances and activities affecting


migrant workers and other overseas Filipinos.
The establishment and operations of the Center shall be a joint undertaking of
the various government agencies. The Center shall be open for twenty-four (24) hours
daily, including Saturdays, Sundays and holidays, and shall be staffed by Foreign Service
personnel, service attaches or officers who represent other organizations from the host
countries. In countries categorized as highly problematic by the Department of Foreign
Affairs and the Department of Labor and Employment and where there is a concentration
of Filipino migrant workers, the government must provide a lawyer and a social worker
for the Center. The Labor Attache shall coordinate the operation of the Center and shall
keep the Chief of Mission informed and updated on all matters affecting it.

The Center shall have a counterpart 24-hour information and assistance center
at the Department of Foreign Affairs to ensure a continuous network and coordinative
mechanism at the home office.

SEC. 20. ESTABLISHMENT OF A SHARED GOVERNMENT INFORMATION SYSTEM FOR Section 13. Section 20 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
MIGRATION. - An inter-agency committee composed of the Department of Foreign Affairs
and its attached agency, the Commission on Filipino Overseas, the Department of Labor "SEC. 20. Establishment of a Shared Government Information System for Migration. - An interagency
and Employment, the Philippine Overseas Employment Administration, The Overseas committee composed of the Department of Foreign Affairs and its attached agency, the Commission on
Workers Welfare Administration, The Department of Tourism, the Department of Justice, Filipinos Overseas, the Department of Labor and Employment and its attached concerned agencies, the
the Bureau of Immigration, the National Bureau of Investigation, and the National Department of Tourism, the Department of Justice the Bureau of Immigration, the National Bureau of
Statistics Office shall be established to implement a shared government information
Investigation, the Department of the Interior and Local Government, the National Telecommunications
system for migration. The inter-agency committee shall initially make available to itself
Commission, the Commission on Information and Communications Technology, the National Computer
the information contained in existing data bases/files. The second phase shall involve
Center, the National Statistical and Coordination Board, the National Statistics Office and other government
linkaging of computer facilities in order to allow free-flow data exchanges and sharing
among concerned agencies. agencies concerned with overseas employment shall be established to implement a shared government
information system for migration. The interagency committee shall initially make available to itself the
information contained in existing data bases/files. The second phase shall involve linkaging of computer
The inter-agency committee shall convene to identify existing data bases
facilities on order to allow free-flow data exchanges and sharing among concerned agencies.
which shall be declassified and shared among member agencies. These shared data bases
shall initially include, but not limited to, the following information:
"The inter-agency committee shall be co-chaired by the Department of Foreign Affairs and the Department of
(a) Masterlists of departing/arriving Filipinos; Labor and Employment. The National Computer Center shall provide the necessary technical assistance and
shall set the appropriate information and communications technology standards to facilitate the sharing of
information among the member agencies.
(b) Inventory of pending legal cases involving Filipino migrant workers and
other Filipino nationals, including those serving prison terms;
"The inter-agency committee shall meet regularly to ensure the immediate and full implementation of this
(c) Masterlists of departing/arriving Filipinos;
section and shall explore the possibility setting up a central storage facility for the data on migration. The
progress of the implementation of this section shall be include in the report to Congress of the Department of
Foreign Affairs and the Department of Labor and Employment under Section 33.
(d) Statistical profile on Filipino migrant workers/overseas Filipinos/Tourists;
"The inter-agency committee shall convene to identify existing data bases which shall be declassified and
(e) Blacklisted foreigners/undesirable aliens;
shared among member agencies. These shared data bases shall initially include, but not be limited to, the
(f) Basic data on legal systems, immigration policies, marriage laws and civil
and criminal codes in receiving countries particularly those with the large numbers of following information:
Filipinos;
"(a) Masterlists of Filipino migrant workers/overseas Filipino classified according to
(g) List of labor and other human rights instruments where receiving countries occupation/job category, civil status, by country/state of destination including visa
are signatories; classification;

(h) A tracking system of past and present gender disaggregated cases involving "(b) Inventory of pending legal cases involving Filipino migrant workers and other Filipino
male and female migrant workers; and nationals, including those serving prison terms;

(I) Listing of overseas posts which may render assistance to overseas Filipinos, "(c) Masterlists of departing/arriving Filipinos;
in general, and migrant workers, in particular.
"(d) Statistical profile on Filipino migrant workers/overseas Filipinos/tourists;

"(e) Blacklisted foreigners/undesirable aliens;

"(f) Basic data on legal systems, immigration policies, marriage laws and civil and criminal
codes in receiving countries particularly those with large numbers of Filipinos;

"(g) List of Labor and other human rights instruments where receiving countries are
signatories;

"(h) A tracking system of past and present gender disaggregated cases involving male and
female migrant workers, including minors; and

"(i) Listing of overseas posts which may render assistance to overseas Filipinos, in general,
and migrant workers, in particular."

SEC. 23. ROLE OF GOVERNMENT AGENCIES. - The following government agencies Section 14. Subparagraph (b.1) of paragraph (b) of Section 23 of Republic Act No. 8042, as amended, is
shall perform the following to promote the welfare and protect the rights of hereby amended to read as follows:
migrant workers and, as far as applicable, all overseas Filipinos:
"(b.1) Philippine Overseas Employment Administration. - The Administration shall regulate private sector
(b.1) Philippine Overseas Employment Administration - Subject to deregulation participation in the recruitment and overseas placement of workers by setting up a licensing and registration
and phase out as provided under Sections 29 and 30 herein, the Administration system. It shall also formulate and implement, in coordination with appropriate entities concerned, when
shall regulate private sector participation in the recruitment and overseas necessary, a system for promoting and monitoring the overseas employment of Filipino workers taking into
placement of workers by setting up a licensing and registration system. It shall consideration their welfare and the domestic manpower requirements. It shall be responsible for the
also formulate and implement, in coordination with appropriate entities regulation and management of overseas employment from the pre-employment stage, securing the best
concerned, when necessary employment of Filipino workers taking into possible employment terms and conditions for overseas Filipino workers, and taking into consideration the
consideration their welfare and the domestic manpower requirements. needs of vulnerable sectors and the peculiarities of sea-based and land-based workers. In appropriate
cases, the Administration shall allow the lifting of suspension of erring recruitment/manning agencies upon
the payment of fine of Fifty thousand pesos (P50,000.00) for every month of suspension.

"in addition to its powers and functions, the Administration shall inform migrant workers not only of their rights
as workers but also of their rights as human beings, instruct and guide the workers how to assert their rights
and provide the available mechanism to redress violation of their rights. It shall also be responsible for the
implementation, in partnership with other law-enforcement agencies, of an intensified program against illegal
recruitment activities. For this purpose, the POEA shall provide comprehensive Pre-Employment Orientation
Seminars (PEOS) that will discuss topics such as prevention of illegal recruitment and gender-sensitivity.

"The Administration shall not engage in the recruitment and placement of overseas workers except on a
government-to-government arrangement only.

"In the recruitment and placement of workers to service the requirements for trained and competent Filipino
workers of foreign governments and their instrumentalitys, and such other employers as public interests may
require, the Administration shall deploy only to countries where the Philippine has conclude bilateral labor
agreements or arrangements: Provided, That such countries shall guarantee to protect the rights of Filipino
migrant workers; and Provided, further, That such countries shall observe and/or comply with the
international laws and standards for migrant workers."
SEC. 23. ROLE OF GOVERNMENT AGENCIES. - The following government agencies Section 15. Sub-paragraph (b.2) of Paragraph (b) of Section 23 of Republic Act No. 8042, as amended, is
shall perform the following to promote the welfare and protect the rights of hereby amended to read as follows:
migrant workers and, as far as applicable, all overseas Filipinos:
"(b.2) Overseas Workers Welfare Administration. - The Welfare officer of in his absence, the coordinating
(b.2) Overseas Workers Welfare Administration - The Welfare Officer or in his officer shall provide the Filipino migrant worker and his family all the assistance they may need in the
absence, the coordinating officer shall provide the Filipino migrant worker and enforcement of contractual obligations by agencies or entities and/or by their principals. In the performance
his family all the assistance they may need in the enforcement of contractual of this function, he shall make representation and may call on the agencies or entities concerned to
obligations by agencies or entities and/or by their principals. In the performance conferences or conciliation meetings for the purpose of settling the compliance or problems brought to his
of this functions, he shall make representation and may call on the agencies or attention. The OWWA shall likewise formulate and implement welfare programs for overseas Filipino workers
entities concerned to conferences or conciliation meetings for the purpose of and their families while they are abroad and upon their return. It shall ensure the awareness by the overseas
settling the complaints or problems brought to his attention. Filipino workers and their families of these programs and other related governmental programs.

"In the repatriation of workers to be undertaken by OWWA, the latter shall be authorized to pay repatriation-
related expenses, such as fines or penalties, subject to such guidelines as the OWWA Board of Trustees
may prescribe."
Section 16. Under Section 23 of Republic Act No. 8042, as amended, add new paragraphs (c) and (d) with
their corresponding subparagraphs to read as follows:

"(c) Department of Health. - The Department of Health (DOH) shall regulate the activities and operations of
all clinics which conduct medical, physical, optical, dental, psychological and other similar examinations,
hereinafter referred to as health examinations, on Filipino migrant workers as requirement for their overseas
employment. Pursuant to this, the DOH shall ensure that:

" (c.1) The fees for the health examinations are regulated, regularly monitored and duly
published to ensure that the said fees are reasonable and not exorbitant;

" (c.2) The Filipino migrant worker shall only be required to undergo health examinations
when there is reasonable certainty that he or she will be hired and deployed to the jobsite and
only those health examinations which are absolutely necessary for the type of job applied for
or those specifically required by the foreign employer shall be conducted;

" (c.3) No group or groups of medical clinics shall have a monopoly of exclusively conducting
health examinations on migrant workers for certain receiving countries;

" (c.4) Every Filipino migrant worker shall have the freedom to choose any of the DOH-
accredited or DOH-operated clinics that will conduct his/her health examinations and that his
or her rights as a patient are respected. The decking practice, which requires an overseas
Filipino worker to go first to an office for registration and then farmed out to a medical clinic
located elsewhere, shall not be allowed;

" (c.5) Within a period of three (3) years from the effectivity of this Act, all DOH regional
and/or provincial hospitals shall establish and operate clinics that can be serve the health
examination requirements of Filipino migrant workers to provide them easy access to such
clinics all over the country and lessen their transportation and lodging expenses and

" (c.6) All DOH-accredited medical clinics, including the DOH-operated clinics, conducting
health examinations for Filipino migrant workers shall observe the same standard operating
procedures and shall comply with internationally-accepted standards in their operations to
conform with the requirements of receiving countries or of foreign employers/principals.

"Any Foreign employer who does not honor the results of valid health examinations conducted by a DOH-
accredited or DOH-operated clinic shall be temporarily disqualified from the participating in the overseas
employment program, pursuant to POEA rules and regulations.

"In case an overseas Filipino worker is found to be not medically fit upon his/her immediate arrival in the
country of destination, the medical clinic that conducted the health examination/s of such overseas Filipino
worker shall pay for his or her repatriation back to the Philippines and the cost of deployment of such worker.

"Any government official or employee who violates any provision of this subsection shall be removed or
dismissed from service with disqualification to hold any appointive public office for five(5) years. Such penalty
is without prejudice to any other liability which he or she may have incurred under existing laws, rules or
regulations.

"(d) Local Government Units. - In the fight against illegal recruitment, the local government units (LGUs), in
partnership with the POEA, other concerned government agencies , and non-government organizations
advocating the rights and welfare of overseas Filipino workers, shall take a proactive stance by being
primarily responsible for the dissemination of information to their constituents on all aspects of overseas
employment. To carry out this task, the following shall be undertaken by the LGUs:

"(d.1) Provide a venue for the POEA, other concerned government agencies and non-
government organizations to conduct PEOS to their constituents on a regular basis;

"(d.2) Establish overseas Filipino worker help desk or kiosk in their localities with the
objective of providing current information to their constituents on all the processes aspects of
overseas employment. Such desk or kiosk shall, as be linked to the database of all
concerned government agencies, particularly the POEA for its updated lists of overseas job
orders and licensed recruitment agencies in good standing."

SEC. 24. LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS. – Section 17. Subparagraph ( c ) of Section 24 of Republic Act No. 8042, as amended, is hereby amended to
read as follows:
(c) To tap the assistance of reputable law firms and the Integrated Bar of the
Philippines and other bar associations to complement the government's efforts to "( c ) To tap the assistance of reputable law firms, the Integrated Bar of the Philippines, other bar
provide legal assistance to migrant workers; associations and other government legal experts on overseas Filipino worker laws to complement the
government's efforts to provide legal assistance to our migrant workers;"
SEC. 25. LEGAL ASSISTANCE FUND - There is hereby established a legal assistance fund Section 18. Section 25 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
for migrant workers, herein after referred to as Legal Assistance fund, in the amount of
One hundred million pesos (P100,000,000.00) to be constituted from the following "SEC. 25. Legal Assistance Fund. - There is herby established a legal assistance fund for migrant workers,
sources: hereinafter referred to as the Legal Assistance Fund, in the amount of one hundred million pesos
(P100,000,000.00) to be constituted from the following sources.
Fifty million pesos (P50,000,000.00) from the Contingency Fund of the
President; "Fifty million pesos (50,000,000.00) from the Contingency Fund of the President;
Thirty million pesos (P30,000,000.00) from the Presidential Social Fund; and
"Thirty million pesos (30,000,000.00) from the Contingency Fund of the President Social Fund;
Twenty million pesos (P20,000,000.00) from the Welfare Fund for Overseas
"Twenty million pesos (20,000,000.00) from the Welfare Fund for Overseas Workers established under Letter
Workers established under Letter of Instruction No. 537, as amended by Presidential
of Instructions No. 537 as amended by Presidential Decree Nos. 1694 and 1809; and
Decree Nos. 1694 and 1809.

Any balances of existing fund which have been set aside by the government "An amount appropriated in the annual General Appropriations Act (GAA) which shall not be less than Thirty
specifically as legal assistance or defense fund to help migrant workers shall, upon million pesos (30,000,000.00) per year: Provided, that the balance of the Legal Assistance Fund (LAF)
effectivity of this Act, to be turned over to, and form part of, the Fund created under this including the amount appropriated for the year shall not be less than One hundred million pesos
Act. (P100,000,000.00) : Provided, further, That the fund shall be treated as a special fund in the National
Treasury and its balance, including the amount appropriated in the GAA, which shall form part of the Fund,
shall not revert to the General Fund.

" Any balances of existing funds which have been set aside by the government specifically as legal
assistance or defense fund to help migrant workers shall upon effectivity of this Act, be turned over to, and
form part of, the Fund created under this Act."
SEC. 26. USES OF THE LEGAL ASSISTANCE FUND. - The Legal Assistance Fund Section 19. Section 26 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
created under the proceeding section shall be used exclusively to provide legal
services to migrant workers and overseas Filipinos in distress in accordance with "SEC. 26. Uses of the Legal Assistance Fund. - The Legal Assistance Fund created under the preceding
the guidelines, criteria and procedures promulgated in accordance with Section section shall be used exclusively6 to provide legal services to migrant workers and overseas Filipinos in
24 (a) hereof. The expenditures to be charged against the Fund shall include the distress in accordance with the guidelines, criteria and procedures promulgated in accordance with Section
fees for the foreign lawyers to be hired by the Legal Assistance for Migrant 24 ( a ) herof. The expenditures to be charged against the Fund shall include the fees for the foreign lawyers
Workers Affairs to represent migrant workers facing charges abroad, bail bonds to to be hired by the Legal Assistant for Migrant Workers Affairs to represent migrant workers facing charges or
secure the temporary release of workers under detention, court fees and charges in filing cases against erring or abusive employers abroad, bail bonds to secure the temporary releases and
and other litigation expenses. other litigation expenses: Provided, That at the end of every year, the Department of Foreign Affairs shall
include in its report to Congress, as provided for under Section 33 of this Act, the status of the Legal
Assistance Fund, including the expenditures from the said fund duly audited by the Commission on Audit
(COA): Provided, further, That the hiring of foreign legal counsels, when circumstances warrant urgent
action, shall be exempt from the coverage of Republic Act No. 9184 or the Government Procurement Act."

SEC. 32. POEA AND OWWA BOARD; ADDITIONAL MEMBERSHIPS. - Notwithstanding any Section 20. Section 32 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
provision of law to the contrary, the respective Boards of the POEA and the OWWA shall,
in addition to their present composition, have three (3) members each who shall come "SEC. 32. POEA, OWWA and other Boards; Additional Memberships. - Notwithstanding any provision of law
from the women, sea-based and land-based sectors, respectively, to be appointed by the to the contrary, the respective Boards of the POEA and the OWWA shall, in addition to their present
President in the same manner as the other members. composition, have three (3) members each who shall come from the women, sea-based and land-based
sectors respectively, to be selected and nominated openly by the general membership of the sector being
represented.

" The selection and nomination of the additional members from the women, sea-based and land-based
sectors shall be governed by the following guidelines:

"(a) The POEA and the OWWA shall launch a massive information campaign on the selection
of nominees and provide for a system of consultative sessions for the certified leaders or
representatives of the concerned sectors, at least three (3) times, within ninety (90) days
before the boards shall be convened, for purposes of selection. The process shall be open,
democratic and transparent;

"(b) Only non-government organizations that protect and promote the rights and welfare of
overseas Filipino workers, duly registered with the appropriate Philippine government agency
and in good standing as such, and in existence for at least three (3) years prior to the
nomination shall be qualified to nominate a representative for each sector to the Board;

"(c) The nominee must be at least twenty-five (25) years of age, able to read and write, and a
migrant worker at the time of his or her nomination or was a migrant worker with at least three
(3) years experience as such; and

"(d) A final list of all the nominees selected by the OWWA/POEA governing boards, which
shall consist of three(3) names for each sector to be represented, shall be submitted to the
President and published in a newspaper of general circulation;

"Within thirty (30) days from the submission of the list, the President shall select and appoint from the list, the
representatives to the POEA/OWWA governing boards.

"The additional members shall have a term of three (3) years and shall be eligible for reappointment for
another three (3) years. In case of vacancy, the President shall in accordance with the provisions of this Act,
appoint a replacement who shall serve the unexpired term of his or her predecessor.

"Any executive issuances or orders issued that contravene the provisions of this section shall have no force
and effect.

"All other government agencies and government-owned or controlled corporations which require at least one
(1) representative from the overseas workers sector to their respective boards shall follow all the applicable
provisions of this section."

SEC. 33. REPORT TO CONGRESS. - In order to inform the Philippine Congress on the Section 21. The first and last paragraph of Section 33 of Republic Act No. 8042, as amended, is hereby
implementation of the policy enunciated in Section 4 hereof, the Department of Foreign amended to read as follows:
Affairs and the Department of Labor and Employment shall submit to the said body a
semi-annual report of Philippine foreign posts located in countries hosting Filipino "SEC. 33. Report to Congress. - In order to inform the Philippine Congress on the implementation of the
migrant workers. The report shall not be limited to the following information: policy enunciated in Section 4 hereof, the Department of Foreign Affairs and the Department of Labor and
Employment shall submit separately to the said body a semi-annual report of Philippine foreign posts located
(a) Masterlist of Filipino migrant workers, and inventory of pending cases in countries hosting Filipino migrant workers. The mid-year report covering the period January to June shall
involving them and other Filipino nationals including those serving prison terms; be submitted not later than October 31 of the same year while the year-end report covering the period July to
December shall be submitted not later than May 31 of the following year. The report shall include, but shall
(b) Working conditions of Filipino migrant workers; not limited to, the following information:

(c) Problems encountered by the migrant workers, specifically violations of "xxx


their rights;
" Any officer of the government who fails to submit the report as stated in this section shall be subject to an
(d) Initiative/actions taken by the Philippine foreign posts to address the administrative penalty of dismissal from the service with disqualification to hold any appointive public office
problems of Filipino migrant workers; for five (5) years."

(e) Changes in the laws and policies of host countries; and

(f) Status of negotiations on bilateral labor agreements between the


Philippines and the host country.

Any officer of the government who fails to report as stated in the preceeding
section shall be subjected to administrative penalty.

SEC. 35. EXEMPTION FROM TRAVEL TAX AND AIRPORT FEE. - All laws to the country Section 22. Section 35 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
notwithstanding, the migrant worker shall be exempt from the payment of travel tax and
airport fee upon proper showing of proof of entitlement by the POEA. SEC. 35. Exemption from Travel Tax Documentary Stamp and Airport Fee. - All laws to the contrary
notwithstanding, the migrant workers shall be exempt from the payment of travel tax and airport-fee upon
proper showing of proof entitlement by the POEA.

"The remittances of all overseas Filipino workers, upon showing of the same proof of entitlement by the
overseas Filipino worker's beneficiary or recipient, shall be exempt from the payment of documentary stamp
tax.

SEC. 37. THE CONGRESSIONAL MIGRANT WORKERS SCHOLARSHIP FUND. - There is hereby Section 23. A new Section 37-A. of Replublic Act No. 8042, as amended, is hereby added to read as
created a Congressional Migrant Workers Scholarship Fund which shall benefit deserving follows:
migrant workers and/or their immediate descendants below twenty-one (21) years of age
who intent to pursue courses or training primarily in the field of science and technology. "SEC. 37-A. Compulsory Insurance Coverage for Agency-Hired Workers. - In addition to the performance
The initial seed fund of two hundred million pesos (P200,000,000.00) shall be constituted bond to be filed by the recruitment/manning agency under Section 10, each migrant worker deployed by a
from the following sources: recruitment/manning agency shall be covered by a compulsory insurance policy which shall be secured at no
cost to the said worker. Such insurance policy shall be effective for the duration of the migrant worker's
(a) Fifty million pesos (P50,000,000.00) from the unexpected Countrywide employment and shall cover, at the minimum:
Development Fund for 1995 in equal sharing by all members of Congress; and
"(a) Accidental death, with at least Fifteen thousand United States dollars (US$10,000.00)
survivor's benefit payable to the migrant worker's beneficiaries;

"(c) Permanent total disablement, with at least Seven thousand five hundred United States
dollars (US$7,500.00) disability benefit payable to the migrant worker. The following
disabilities shall be deemed permanent: total, complete loss of sight of both eyes; loss of
two(2) limbs at or above the ankles or wrists; permanent complete paralysis of two (2) limbs;
brain injury resulting to incurable imbecility or insanity;

"(d) Repatriation cost of the worker when his/her employment is terminated without any valid
cause, including the transport of his or her personal belongings. In case of death, the
insurance provider shall arrange and pay for the repatriation or return of the worker's
remains. The insurance provider shall also render any assistance necessary in the transport
including, but not limited to, locating a local licensed funeral home, mortuary or direct
disposition facility to prepare the body for transport, completing all documentation, obtaining
legal clearances, procuring consular services, providing necessary casket or air transport
container, as well as transporting the remains including retrieval from site of death and
delivery to the receiving funeral home;

"(e) Subsistence allowance benefit, with at least One hundred United States dollars
(US$100.00) Per month for a maximum of six (6) months for a migrant worker who is involved
in a case or litigation for the protection of his/her rights in the receiving country;

"(f) Money claims arising from employer's liability which may be awarded or given to the
worker in a judgment or settlement of his or her case in the NLRC. The insurance coverage
for money claims shall be equivalent to at least three (3) months for every year of the migrant
worker's employment contract;

"In addition to the above coverage, the insurance policy shall also include:

"(g) Compassionate visit. When a migrant worker is hospitalized and has been confined for at
least seven (7) consecutive days, he shall be entitled to a compassionate visit by one (1)
family member or a requested individual. The insurance company shall pay for the
transportation cost of the family member or requested individual to the major airport closest to
the place of hospitalization of the worker. It is, however, the responsibility of the family
member or requested individual to meet all visa and travel document requirements;

"(h) Medical evacuation. When an adequate medical facility is not available proximate to the
migrant worker, as determined by the insurance company's physician and/or a consulting
physician, evacuation under appropriate medical supervision by the mode of transport
necessary shall be undertaken by the insurance provider; and

"(i) Medical repatriation. When medically necessary as determined by the attending


physician, repatriation under medical supervision to the migrant worker's residence shall be
undertaken by the insurance provider at such time that the migrant worker is medically
cleared for travel by commercial carrier. If the period to receive medical clearance to travel
exceeds fourteen (14) days from the date of discharge from the hospital, an alternative
appropriate mode of transportation, such as air ambulance, may be arranged. Medical and
non-medical escorts may be provided when necessary.

"Only reputable private insurance companies duly registered with the Insurance Commission (IC) , which are
in existence and operational for at least Five hundred million pesos (P500,000,000.00) to be determined by
the IC, and with a current year certificate of authority shall be qualified to provide for the worker's insurance
coverage. Insurance companies who have directors, partners, officers, employees or agents with relatives,
within the fourth civil degree of consanguinity or affinity, who work or have interest in any of the licensed
recruitment/manning agencies or in any of the government agencies involved in the overseas employment
program shall be disqualified from providing this workers' insurance coverage.

"The recruitment/manning agency shall have the right to choose from any of the qualified insurance providers
the company that will insure the migrant worker it will deploy. After procuring such insurance policy, the
recruitment/manning agency shall provide an authenticated copy thereof to the migrant worker. It shall then
submit the certificate of insurance coverage of the migrant worker to POEA as a requirement for the
issuance of an Overseas Employment Certificate (OEC) to the migrant worker. In the case of seafarers who
are insured under policies issued by foreign insurance companies, the POEA shall accept certificates or
other proofs of cover from recruitment/manning agencies: Provided, That the minimum coverage under sub-
paragraphs (a) to (i) are included therein.

"Any person having a claim upon the policy issued pursuant to subparagraphs (a), (b), (c), (d) and (e) of this
section shall present to the insurance company concerned a written notice of claim together with pertinent
supporting documents. The insurance company shall forthwith ascertain the truth and extent of the claim and
make payment within ten (10) days from the filing of the notice of claim.

"Any claim arising from accidental death, natural death or disablement under this section shall be paid by the
insurance company without any contest and without the necessity of providing fault or negligence of any kind
on the part of the insured migrant worker: Provided, That the following documents, duly authenticated by the
Philippine foreign posts, shall be sufficient evidence to substantiate the claim:

"(1) Death Certificate - In case of natural or accidental death;

"(2) Police or Accident Report - In case of accidental death; and

"(3) Medical Certificate - In case of permanent disablement;

"For repatriation under subparagraph (d) hereof, a certification which states the reason/s for the termination
of the migrant worker's employment and the need for his or her repatriation shall be issued by the Philippine
foreign post or the Philippine Overseas Labor Office (POLO) located in the receiving country.

"For subsistence allowance benefit under subparagraph (e), the concerned labor attaché or, in his absence,
the embassy or consular official shall issue a certification which states the name of the case, the names of
the parties and the nature of the cause of action of the migrant worker.

"For the payment of money claims under subparagraph (f), the following rules shall govern:

"(1) After a decision has become final and executor or a settlement/compromise agreement
has been reached between the parties at the NLRC, an order shall be released mandating
the respondent recruitment/manning agency to pay the amount adjudged or agreed upon
within thirty (30) days;

"(2) The recruitment/manning agency shall then immediately file a notice of claim with its
insurance provider for the amount of liability insured, attaching therewith a copy of the
decision or compromise agreement;

"(3) Within ten (10) days from the filing of notice of claim, the insurance company shall make
payment to the recruitment/manning agency the amount adjudged or agreed upon, or the
amount of liability insured, whichever is lower. After receiving the insurance payment, the
recruitment/manning agency shall immediately pay the migrant worker's claim in full, taking
into account that in case the amount of insurance coverage is insufficient to satisfy the
amount adjudged or agreed upon, it is liable to pay the balance thereof;

"(4) In case the insurance company fails to make payment within ten (10) days from the filing
of the claim, the recruitment/ manning agency shall pay the amount adjudged or agreed upon
within the remaining days of the thirty (30)-day period, as provided in the first subparagraph
hereof;

"(5) If the worker's claim was not settled within the aforesaid thirty (30)-day period, the
recruitment/manning agency's performance bond or escrow deposit shall be forthwith
garnished to satisfy the migrant worker's claim;

"(6) The provision of compulsory worker's insurance under this section shall not affect the
joint and solidary liability of the foreign employer and the recruitment/manning agency under
Section 10;

"(7) Lawyers for the insurance companies, unless the latter is impleaded, shall be prohibited
to appear before the NLRC in money claims cases under this section.

"Any question or dispute in the enforcement of any insurance policy issued under this section shall be
brought before the IC for mediation or adjudication.

"In case it is shown by substantial evidence before the POEA that the migrant worker who was deployed by a
licensed recruitment/manning agency has paid for the premium or the cost of the insurance coverage or that
the said insurance coverage was used as basis by the recruitment/manning agency to claim any additional
fee from the migrant worker, the said licensed recruitment/manning agency shall lose its license and all its
directors, partners, proprietors, officers and employees shall be perpetually disqualified from engaging in the
business of recruitment of overseas workers. Such penalty is without prejudice to any other liability which
such persons may have incurred under existing laws, rules or regulations.

"For migrant workers recruited by the POEA on a government-to-government arrangement, the POEA shall
establish a foreign employers guarantee fund which shall be answerable to the workers' monetary claims
arising from breach of contractual obligations. For migrant workers classified as rehires, name hires or direct
hires, they may opt to be covered by this insurance coverage by requesting their foreign employers to pay for
the cost of the insurance coverage or they may pay for the premium themselves. To protect the rights of
these workers, the POEA shall provide them adequate legal assistance, including conciliation and mediation
services, whether at home or abroad.

"At the end of every year, the Department of Labor and Employment and the IC shall jointly make an
assessment of the performance of all insurance providers, based upon the report of the NLRC and the POEA
on their respective interactions and experiences with the insurance companies, and they shall have the
authority to ban or blacklist such insurance companies which are known to be evasive or not responsive to
the legitimate claims of migrant workers. The Department of Labor and Employment shall include such
assessment in its year-end report to Congress.

"For purposes of this section, the Department of Labor and Employment, IC, NLRC and the POEA, in
consultation with the recruitment/manning agencies and legitimate non-government organizations advocating
the rights and welfare of overseas Filipino workers, shall formulate the necessary implementing rules and
regulations.

"The foregoing provisions on compulsory insurance coverage shall be subject to automatic review through
the Congressional Oversight Committee immediately after three (3) years from the effectivity of this Act in
order to determine its efficacy in favor of the covered overseas Filipino workers and the compliance by
recruitment/manning agencies and insurance companies, without prejudice to an earlier review if necessary
and warranted for the purpose of modifying, amending and/or repealing these subject provisions.
SEC. 37. THE CONGRESSIONAL MIGRANT WORKERS SCHOLARSHIP FUND. - There is Section 24. A new Section 37-B of Republic Act No. 8042, as amended, is hereby added to read as follows:
hereby created a Congressional Migrant Workers Scholarship Fund which shall
benefit deserving migrant workers and/or their immediate descendants below "Sec. 37-B. Congressional Oversight Committee. - There is hereby created a Joint Congressional Oversight
twenty-one (21) years of age who intent to pursue courses or training primarily in Committee composed of five (5) Senators and five (5) Representatives to be appointed by the Senate
the field of science and technology. The initial seed fund of two hundred million President and the Speaker of the House of Representatives, respectively. The Oversight Committee shall be
pesos (P200,000,000.00) shall be constituted from the following sources: co-chaired by the chairpersons of the Senate Committee on Labor and Employment and the House of
Representatives Committee on Overseas Workers Affairs. The Oversight Committee shall have the following
duties and functions:
(b) The remaining one hundred fifty million pesos (P150,000,000.00) shall be funded from
the proceeds of Lotto. "(a) To set the guidelines and overall framework to monitor and ensure the proper
implementation of Republic Act No. 8042, as amended, as well as all programs, projects and
The Congressional Migrant Workers Scholarship Fund as herein created shall be activities related to overseas employment;
administered by the DOLE in coordination with the Department of Science and Technology
(DOST). To carry out the objectives of this section, the DOLE and the DOST shall "(b) To ensure transparency and require the submission of reports from concerned
formulate the necessary rules and regulations. government agencies on the conduct of programs, projects and policies relating to the
implementation of Republic Act No. 8042, as amended;

"(c) To approve the budget for the programs of the Oversight Committee and all
disbursements therefrom, including compensation of all personnel;

"(d) To submit periodic reports to the President of the Philippines and Congress on the
implementation of the provisions of Republic Act No. 8042, as amended;

"(e) To determine weaknesses in the law and recommend the necessary remedial legislation
or executive measures; and

"(f) To perform such other duties, functions and responsibilities as may be necessary to attain
its objectives.

"The Oversight Committee shall adopt its internal rules of procedure, conduct hearings and receive
testimonies, reports, and technical advice, invite or summon by subpoena ad testificandum any public official
or private citizen to testify before it, or require any person by subpoena duces tecum documents or other
materials as it may require consistent with the provisions of Republic Act No. 8042, as amended.

"The Oversight Committee shall organize its staff and technical panel, and appoint such personnel, whether
on secondment from the Senate and the House of Representatives or on temporary, contractual, or on
consultancy, and determine their compensation subject to applicable civil service laws, rules and regulations
with a view to ensuring a competent and efficient secretariat.

"The members of the Oversight Committee shall not receive additional compensation, allowances or
emoluments for services rendered thereto except traveling, extraordinary and other necessary expenses to
attain its goals and objectives.

"The Oversight Committee shall exist for a period of ten (10) years from the effectivity of this Act and may be
extended by a joint concurrent resolution."

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