REPUBLIC ACT NO.

8042Migrant Workers and Overseas Filipinos Act of (e) Free access to the courts and quasi-judicial bodies and adequate legal
1995 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
An act to institute the policies of overseas employment and establish a higher the rights and interest of distressed overseas Filipinos, in general, and Filipino
standard of protection and promotion of the welfare of migrant workers, their migrant workers, in particular, documented or undocumented, are adequately
families and overseas Filipinos in distress, and for other purposes. protected and safeguarded.

Be it enacted by the Senate and House of Representatives of the Philippines in (f) The right of Filipino migrant workers and all overseas Filipinos to
Congress assembled: participate in the democratic decision-making processes of the State and to be
represented in institutions relevant to overseas employment is recognized and
guaranteed.
SEC. 1. SHORT TITLE. - This act shall be known and cited as the "Migrant
Workers and Overseas Filipinos Act of 1995."
(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
SEC. 2. DECLARATION OF POLICIES-- government shall deploy and/or allow the deployment only to skilled Filipino
workers.
(a) In the pursuit of an independent foreign policy and while considering
national sovereignty, territorial integrity, national interest and the right to self- (h) Non-governmental organizations, duly recognized as legitimate, are
determination paramount in its relations with other states, the State shall, at all partners of the State in the protection of Filipino migrant workers and in the
times, uphold the dignity of its citizens whether in country or overseas, in promotion of their welfare, the State shall cooperate with them in a spirit of
general, and Filipino migrant workers, in particular. trust and mutual respect.

(b) The State shall afford full protection to labor, local and overseas, organized (I) Government fees and other administrative costs of recruitment,
and unorganized, and promote full employment and equality of employment introduction, placement and assistance to migrant workers shall be rendered
opportunities for all. Towards this end, the State shall provide adequate and free without prejudice to the provision of Section 36 hereof.
timely social, economic and legal services to Filipino migrant workers.
Nonetheless, the deployment of Filipino overseas workers, whether land-based
(c) While recognizing the significant contribution of Filipino migrant workers to or sea-based by local service contractors and manning agencies employing them
the national economy through their foreign exchange remittances, the State shall be encouraged. Appropriate incentives may be extended to them.
does not promote overseas employment as a means to sustain economic growth
and achieve national development. The existence of the overseas employment
program rests solely on the assurance that the dignity and fundamental human SEC. 3. DEFINITIONS. - For purposes of this Act:
rights and freedoms of the Filipino citizens shall not, at any time, be
compromised or violated. The State, therefore, shall continuously create local (a) "Migrant worker" refers to a person who is to be engaged, is engaged or has
employment opportunities and promote the equitable distribution of wealth been engaged in a renumerated activity in a state of which he or she is not a
and the benefits of development. legal resident to be used interchangeably with overseas Filipino worker.

(d) The State affirms the fundamental equality before the law of women and (b) "Gender-sensitivity" shall mean cognizance of the inequalities and inequities
men and the significant role of women in nation-building. Recognizing the prevalent in society between women and men and a commitment to address
contribution of overseas migrant women workers and their particular issues with concern for the respective interests of the sexes.
vulnerabilities, the State shall apply gender sensitive criteria in the formulation
and implementation of policies and programs affecting migrant workers and the (c) "Overseas Filipinos" refers to dependents of migrant workers and other
composition of bodies tasked for the welfare of migrant workers. Filipino nationals abroad who are in distress as mentioned in Sections 24 and
26 of this Act. specified in the schedule of allowable fees prescribed by the Secretary of Labor
and Employment, or to make a worker pay any amount greater than that
I. DEPLOYMENT actually received by him as a loan or advance;

SEC. 4. Deployment of Migrant Workers - The State shall deploy overseas (b) To furnish or publish any false notice or information or document in relation
Filipino workers only in countries where the rights of Filipino migrant workers to recruitment or employment;
are protected. The government recognizes any of the following as guarantee on
the part of the receiving country for the protection and the rights of overseas (c) To give any false notice, testimony, information or document or commit any
Filipino workers: act of misrepresentation for the purpose of securing a license or authority
under the Labor Code;
(a) It has existing labor and social laws protecting the rights of migrant
workers; (d) To induce or attempt to induce a worker already employed to quit his
employment in order to offer him another unless the transfer is designed to
(b) It is a signatory to multilateral conventions, declaration or resolutions liberate a worker from oppressive terms and conditions of employment;
relating to the protection of migrant workers;
(e) To influence or attempt to influence any persons or entity not to employ any
(c) It has concluded a bilateral agreement or arrangement with the government worker who has not applied for employment through his agency;
protecting the rights of overseas Filipino workers; and
(f) To engage in the recruitment of placement of workers in jobs harmful to
(d) It is taking positive, concrete measures to protect the rights of migrant public health or morality or to dignity of the Republic of the Philippines;
workers.
(g) To obstruct or attempt to obstruct inspection by the Secretary of Labor and
SEC. 5. TERMINATION OR BAN ON DEPLOYMENT - Notwithstanding the Employment or by his duly authorized representative;
provisions of Section 4 hereof, the government, in pursuit of the national
interest or when public welfare so requires, may, at any time, terminate or (h) To fail to submit reports on the status of employment, placement vacancies,
impose a ban on the deployment of migrant workers. remittances of foreign exchange earnings, separations from jobs, departures
and such other matters or information as may be required by the Secretary of
II. ILLEGAL RECRUITMENT Labor and Employment;

Sec. 6. DEFINITIONS. - For purposes of this Act, illegal recruitment shall mean (i) To substitute or alter to the prejudice of the worker, employment contracts
any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, approved and verified by the Department of Labor and Employment from the
procuring workers and includes referring, contact services, promising or time of actual signing thereof by the parties up to and including the period of
advertising for employment abroad, whether for profit or not, when undertaken the expiration of the same without the approval of the Department of Labor and
by a non-license or non-holder of authority contemplated under Article 13(f) of Employment;
Presidential Decree No. 442, as amended, otherwise known as the Labor Code of
the Philippines. Provided, that such non-license or non-holder, who, in any (j) For an officer or agent of a recruitment or placement agency to become an
manner, offers or promises for a fee employment abroad to two or more officer or member of the Board of any corporation engaged in travel agency or
persons shall be deemed so engaged. It shall likewise include the following acts, to be engaged directly on indirectly in the management of a travel agency;
whether committed by any persons, whether a non-licensee, non-holder,
licensee or holder of authority. (k) To withhold or deny travel documents from applicant workers before
departure for monetary or financial considerations other than those authorized
(a) To charge or accept directly or indirectly any amount greater than the under the Labor Code and its implementing rules and regulations;
(l) Failure to actually deploy without valid reasons as determined by the SEC. 9. VENUE. - A criminal action arising from illegal recruitment as defined
Department of Labor and Employment; and herein shall be filed with the Regional Trial Court of the province or city where
the offense was committed or where the offended party actually resides at the
(m) Failure to reimburse expenses incurred by the workers in connection with same time of the commission of the offense: Provided, That the court where the
his documentation and processing for purposes of deployment, in cases where criminal action is first filed shall acquire jurisdiction to the exclusion of other
the deployment does not actually take place without the worker's fault. Illegal courts. Provided, however, That the aforestated provisions shall also apply to
recruitment when committed by a syndicate or in large scale shall be those criminal actions that have already been filed in court at the time of the
considered as offense involving economic sabotage. effectivity of this Act.

Illegal recruitment is deemed committed by a syndicate carried out by a group SEC. 10. MONEY CLAIMS. - Botwithstanding any provision of law to the
of three (3) or more persons conspiring or confederating with one another. It is contrary, the Labor Arbiters of the National Labor Relations Commission
deemed committed in large scale if committed against three (3) or more (NLRC) shall have the priginal and exclusive jurisdiction to hear and decide,
persons individually or as a group. within ninety (90) calendar days after filing of the complaint, the claims arising
out of an employer-employee relationship or by virtue of any law or contract
involving Filipino workers for overseas deployment including claims for actual,
The persons criminally liable for the above offenses are the principals, moral, exemplary and other forms of damages.
accomplices and accessories. In case of juridical persons, the officers having
control, management or direction of their business shall be liable.
The liability of the principal/employer and the recruitment/placement
agency for any and all claims under this section shall be joint and several. This
SEC. 7. PENALTIES - provisions shall be incorporated in the contract for overseas employment and
shall be a condition precedent for its approval. The performance bond to be
(a) Any person found guilty of illegal recruitment shall suffer the penalty of filed by the recruitment/placement agency, as provided by law, shall be
imprisonment of not less than six (6) years and one (1) day but not more than answerable for all money claims or damages that may be awarded to the
twelve (12) years and a fine not less than two hundred thousand pesos workers. If the recruitment/placement agency is a juridical being, the corporate
(P200,000.00) nor more than five hundred thousand pesos (P500,000.00). officers and directors and partners as the case may be, shall themselves be
jointly and solidarily liable with the corporation or partnership for the aforesaid
claims and damages.
(b) The penalty of life imprisonment and a fine of not less than five hundred
thousand pesos (P500,000.00) nor more than one million pesos
(P1,000,000.00) shall be imposed if illegal recruitment constitutes economic Such liabilities shall continue during the entire period or duration of the
sabotage as defined herein. employment contract and shall not be affected by any substitution, amendment
or modification made locally or in a foreign country of the said contract.
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- Any compromise/amicable settlement or voluntary agreement on
licensee or non-holder of authority. money claims inclusive of damages under this section shall be paid within four
(4) months from the approval of the settlement by the appropriate authority.
SEC. 8. PROHIBITION ON OFFICIALS AND EMPLOYEES. - Ot shall be unlawful for
any official or employee of the Department of Labor and Employment, the In case of termination of overseas employment without just, valid or
Philippine Overseas Employment Administration, or the Overseas Workers authorized cause as defined by law or contract, the workers shall be entitled to
Welfare Administration, or the Department of Foreign Affairs, or other the full reimbursement of his placement fee with interest of twelve percent
government agencies involved in the implementation of this Act, or their (12%) per annum, plus his salaries for the unexpired portion of his employment
relatives within the fourth civil degree of consanguinity or affinity, to engage, contract or for three (3) months for every year of the unexpired term,
directly or indirectly, in the business of recruiting migrant workers as defined in whichever is less.
this Act. The penalties shall be imposed upon them.
 Non-compliance with the mandatory periods for resolutions of cases entitled to the Witness Protection Program provided thereunder.
provided under this section shall subject the responsible officials to any or all of
the following penalties: III. SERVICES

(a) The salary of any such official who fails to render his decision or SEC. 14. TRAVEL ADVISORY/INFORMATION DISSEMINATION. - To give
resolutions within the prescribed period shall be, or caused to be, withheld until utmost priority to the establishment of programs and services to prevent illegal
the said official complies therewith; recruitment, fraud, and exploitation or abuse of Filipino migrant workers, all
embassies and consular offices, through the Philippine Overseas Employment
(b) Suspension for not more than ninety (90) days; or Administration (POEA), shall issue travel advisories or disseminate information
on labor and employment conditions, migration realities and other facts; and
(c) Dismissal from the service with disqualifications to hold any adherence of particular countries to international standards on human and
appointive public office for five (5) years. workers' rights which will adequately prepare individuals into making informed
and intelligent decisions about overseas employment. Such advisory or
information shall be published in a newspaper of general circulation at least
Provided, however, that the penalties herein provided shall be without three (3) times in every quarter.
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. SEC. 15. REPATRIATION OF WORKERS; EMERGENCY REPATRIATION
FUND. - The repatriation of the worker and the transport of his personal
belongings shall be the primary responsibility of the agency which recruited or
SEC. 11. MANADATORY PERIODS FOR RESOLUTION OF ILLEGAL deployed the worker overseas. All costs attendant to repatriation shall be borne
RECRUITMENT CASES. - The preliminary investigations of cases under this Act by or charged to the agency concerned and/or its principal. Likewise, the
shall be terminated within a period of thirty (30) calendar days from the date of repatriation of remains and transport of the personal belongings of a deceased
their filing. Where the preliminary investigation is conducted by a prosecution worker and all costs attendant thereto shall be borne by the principal and/or
officer and a prima facie case is established, the corresponding information shall local agency. However, in cases where the termination of employment is due
be filed in court within twenty-four (24) hours from the termination of the solely to the fault of the worker, the principal/employer or agency shall not in
investigation. If the preliminary investigation is conducted by a judge and a any manner be responsible for the repatriation of the former and/or his
prima facie case is found to exist, prosecution officer within forty-eight (48) belongings.
hours from the date of receipt of the records of the case.
The Overseas Workers Welfare Administration (OWWA), in
SEC. 12. PRESCRIPTIVE PERIODS. - Illegal recruitment cases under this coordination ith appropriate international agencies, shall undertake the
Act shall prescribe in five (5) years: Provided, however, That illegal recruitment repatriation of workers in cases of war, epidemic, disasters or calamities,
cases involving economic sabotage as defined herein shall prescribe in twenty natural or man-made, and other similar events without prejudice to
(20) years. reimbursement by the responsible principal or agency. However, in cases where
the principal or recruitment agency cannot be identified, all costs attendant to
SEC. 13. FREE LEGAL ASSISTANCE, PREFERENTIAL ENTITLEMENT repatriation shall be borne by the OWWA.
UNDER THE WITNESS PROTECTION PROGRAM. - A mechanism for free legal
assistance for victims of illegal recruitment shall be established within the For this purposes, there is hereby created and established an
Department of Labor and Employment including its regional offices. Such emergency repatriation fund under the administration control and supervision
mechanism must include coordination and cooperation with the Department of of the OWWA, initially to consist of one hundred million pesos
Justice, the Integrated Bar of the Philippines, and other non-governmental (P100,000,000.00), inclusive of outstanding balances.
organizations and volunteer groups.
SEC. 16. MANDATORY REPATRIATION OF UNDERAGE MIGRANT
The provisions of Republic Act No. 6981 to the contrary, WORKERS. - Upon discovery or being informed of the presence of migrant
notwithstanding, any person who is a victim of illegal recruitment shall be
workers whose actual ages fall below the minimum age requirement for returning Filipino migrant workers.
overseas deployment, the responsible officers in the foreign service shall
without delay repatriate said workers and advise the Department of Foreign SEC. 19. ESTABLISHMENT OF A MIGRANT WORKERS AND OTHER
Affairs through the fastest means of communication availavle of such discovery OVERSEAS FILIPINOS RESOURCE CENTER. - Within the premises and under the
and other relevant information. administrative jurisdiction of the Philippine Embassy in countries where there
are large concentrations of Filipino migrant workers, there shall be establish a
SEC. 17. ESTABLISHMENT OF RE-PLACEMENT AND MONITORING Migrant Workers and Other Overseas Filipinos Resource Center with the
CENTER. - A replacement and monitoring center is hereby created in the following services:
Department of Labor and Employment for returning Filipino migrant workers
which shall provide a mechanism for their reintegration into the Philippine (a) Counseling and legal services;
society, serve as a promotion house for their local employment, and tap their
skills and potentials for national development.
(b) Welfare assistance including the procurement of medical and
hospitalization services;
The Department of Labor and Employment, the Overseas Workers
Welfare Administration, and the Philippine Overseas Employment
Administration shall, within ninety (90) days from the effectivity of this Act, (c) Information, advisory and programs to promote social integration
formulate a program that would motivate migrant workers to plan for such as post-arrival orientation, settlement and community networking services
productive options such as entry into highly technical jobs or undertakings, for social integration;
livelihood and entrepreneurial development, better wage employment, and
investment of savings. (d) Institute a scheme of registration of undocumented workers to
bring them within the purview of this Act. For this purpose, the Center is
For this purpose, the Technical Education and Skills Development enjoined to compel existing undocumented workers to register with it within
Authority (TESDA), the Technology Livelihood Resource Center (TLRC), and six (6) months from the effectivity of this Act, under pain of having his/her
other government agencies involved in training and livelihood development passport cancelled;
shall give priority to return who had been employed as domestic helpers and
entertainers. (e) Human resource development, such as training and skills
upgrading;
SEC. 18. FUNCTIONS OF THE RE-PLACEMENT AND MONITORING
CENTER. - The center shall provide the following service: (f) Gender sensitive programs and activities to assist particular needs
of women migrant workers;
(a) Develop livelihood programs and projects for returning Filipino
migrant workers in coordination with the private sector; (g) Orientation program for returning workers and other migrants; and

(b) Coordinate with appropriate private and government agencies the (h) Monitoring of daily situations, circumstances and activities
promotion, development, re-placement and the full utilization of their affecting migrant workers and other overseas Filipinos.
potentials;
The establishment and operations of the Center shall be a joint
(c) Institute in cooperation with other government agencies concerned, undertaking of the various government agencies. The Center shall be open for
a computer-based information system on skilled Filipino migrant workers twenty-four (24) hours daily, including Saturdays, Sundays and holidays, and
which shall be accessible to all local recruitment agencies and employers, both shall be staffed by Foreign Service personnel, service attaches or officers who
public and private; represent other organizations from the host countries. In countries categorized
as highly problematic by the Department of Foreign Affairs and the Department
(d) Provide a periodic study and assessment of job opportunities for of Labor and Employment and where there is a concentration of Filipino
migrant workers, the government must provide a lawyer and a social worker (g) List of labor and other human rights instruments where receiving
for the Center. The Labor Attache shall coordinate the operation of the Center countries are signatories;
and shall keep the Chief of Mission informed and updated on all matters
affecting it. (h) A tracking system of past and present gender disaggregated cases
involving male and female migrant workers; and
The Center shall have a counterpart 24-hour information and
assistance center at the Department of Foreign Affairs to ensure a continuous (I) Listing of overseas posts which may render assistance to overseas
network and coordinative mechanism at the home office. Filipinos, in general, and migrant workers, in particular.

SEC. 20. ESTABLISHMENT OF A SHARED GOVERNMENT SEC. 21. MIGRANT WORKERS LOAN GUARANTEE FUND. - In order to
INFORMATION SYSTEM FOR MIGRATION. - An inter-agency committee further prevent unscrupulous illegal recruiters from taking advantage of
composed of the Department of Foreign Affairs and its attached agency, the workers seeking employment abroad, the OWWA, in coordination with
Commission on Filipino Overseas, the Department of Labor and Employment, government financial institutions, shall institute financing schemes that will
the Philippine Overseas Employment Administration, The Overseas Workers expand the grant of pre-departure loan and family assistance loan. For this
Welfare Administration, The Department of Tourism, the Department of Justice, purpose, a Migrant Workers Loan Guarantee Fund is hereby created and the
the Bureau of Immigration, the National Bureau of Investigation, and the revolving amount of one hundred million pesos (P100,000,000.00) from the
National Statistics Office shall be established to implement a shared government OWWA is set aside as a guarantee fund in favor of participating government
information system for migration. The inter-agency committee shall initially financial institutions.
make available to itself the information contained in existing data bases/files.
The second phase shall involve linkaging of computer facilities in order to allow
free-flow data exchanges and sharing among concerned agencies. SEC. 22. RIGHTS AND ENFORCEMENT MECHANISM UNDER
INTERNATIONAL AND REGIONAL HUMAN RIGHTS SYSTEMS. - The Department
of Foreign Affairs is mandated to undertake the necessary initiative such as
The inter-agency committee shall convene to identify existing data promotions, acceptance or adherence of countries receiving Filipino workers to
bases which shall be declassified and shared among member agencies. These multilateral convention, declaration or resolutions pertaining to the protection
shared data bases shall initially include, but not limited to, the following of migrant workers' rights. The Department of Foreign Affairs is also mandated
information: to make an assessment of rights and avenues of redress under international and
regional human rights systems that are available to Filipino migrant workers
(a) Masterlists of departing/arriving Filipinos; who are victims of abuse and violation and, as far as practicable and through the
Legal Assistant for Migrant Workers Affairs created under this Act, pursue the
(b) Inventory of pending legal cases involving Filipino migrant workers same on behalf of the victim if it is legally impossible to file individual
and other Filipino nationals, including those serving prison terms; complaints. If a complaints machinery is available under international or
regional systems, the Department of Foreign Affairs shall fully apprise the
Filipino migrant workers of the existence and effectiveness of such legal
(c) Masterlists of departing/arriving Filipinos; options.

(d) Statistical profile on Filipino migrant workers/overseas IV. GOVERNMENT AGENCIES

Filipinos/Tourists;
SEC. 23. ROLE OF GOVERNMENT AGENCIES. - The following
(e) Blacklisted foreigners/undesirable aliens; government agencies shall perform the following to promote the welfare and
protect the rights of migrant workers and, as far as applicable, all overseas
(f) Basic data on legal systems, immigration policies, marriage laws and Filipinos:
civil and criminal codes in receiving countries particularly those with the large
numbers of Filipinos; (a) Department of Foreign Affairs. - The Department, through its home
office or foreign posts, shall take priority action its home office or foreign posts, Among the functions and responsibilities of the aforesaid Legal
shall take priority action or make representation with the foreign authority Assistant are:
concerned to protect the rights of migrant workers and other overseas Filipinos
and extend immediate assistance including the repatriation of distressed or (a) To issue the guidelines, procedures and criteria for the provisions
beleaguered migrant workers and other overseas Filipinos; of legal assistance services to Filipino migrant workers;

(b) Department of Labor and Employment - The Department of Labor (b) To establish close linkages with the Department of Labor and
and Employment shall see to it that labor and social welfare laws in the foreign Employment, the POEA, the OWWA and other government agencies concerned,
countries are fairly applied to migrant workers and whenever applicable, to as well as with non-governmental organizations assisting migrant workers, to
other overseas Filipinos including the grant of legal assistance and the referral ensure effective coordination and cooperation in the provision of legal
to proper medical centers or hospitals: assistance to migrant workers;

(b.1) Philippine Overseas Employment Administration - Subject to (c) To tap the assistance of reputable law firms and the Integrated Bar
deregulation and phase out as provided under Sections 29 and 30 herein, the of the Philippines and other bar associations to complement the government's
Administration shall regulate private sector participation in the recruitment efforts to provide legal assistance to migrant workers;
and overseas placement of workers by setting up a licensing and registration
system. It shall also formulate and implement, in coordination with appropriate
entities concerned, when necessary employment of Filipino workers taking into (d) To administer the legal assistance fund for migrant workers
consideration their welfare and the domestic manpower requirements. established under Section 25 hereof and to authorize disbursements there from
in accordance with the purposes for which the fund was set up; and
(b.2) Overseas Workers Welfare Administration - The Welfare Officer
or in his absence, the coordinating officer shall provide the Filipino migrant (e) To keep and maintain the information system as provided in
worker and his family all the assistance they may need in the enforcement of Section 20.
contractual obligations by agencies or entities and/or by their principals. In the
performance of this functions, he shall make representation and may call on the The legal Assistant for Migrant Workers Affairs shall have authority to
agencies or entities concerned to conferences or conciliation meetings for the hire private lawyers, domestic or foreign, in order to assist him in the effective
purpose of settling the complaints or problems brought to his attention. discharge of the above functions.

V. THE LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS SEC. 25. LEGAL ASSISTANCE FUND - There is hereby established a
legal assistance fund for migrant workers, herein after referred to as Legal
SEC. 24. LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS. - There Assistance fund, in the amount of One hundred million pesos (P100,000,000.00)
is hereby created the position of Legal Assistant for Migrant Workers Affairs to be constituted from the following sources:
under the Department of Foreign Affairs who shall be primarily responsible for
the provision and overall coordination of all legal assistance services to be Fifty million pesos (P50,000,000.00) from the Contingency Fund of the
provided to Filipino migrant workers as well as overseas Filipinos in distress. President;
He shall have the rank, salary and privileges equal to that of an undersecretary
of said Department.
Thirty million pesos (P30,000,000.00) from the Presidential Social
Fund; and
The said Legal Assistant for Migrant Workers Affairs shall be appointed
by the President and must be of proven competence in the field of law with at
Twenty million pesos (P20,000,000.00) from the Welfare Fund for
least ten (10) years of experience as a legal practitioner and must not have been
Overseas Workers established under Letter of Instruction No. 537, as amended
a candidate to an elective office in the last local or national elections.
by Presidential Decree Nos. 1694 and 1809.
 Any balances of existing fund which have been set aside by the In host countries where there are Philippine consulates, such
government specifically as legal assistance or defense fund to help migrant consulates shall also constitute part of the country-team under the leadership of
workers shall, upon effectivity of this Act, to be turned over to, and form part of, the ambassador.
the Fund created under this Act.
In the implementation of the country-team approach, visiting
SEC. 26. USES OF THE LEGAL ASSISTANCE FUND. - The Legal Philippine delegations shall be provided full support and information.
Assistance Fund created under the preceeding section shall be used exclusively
to provide legal services to migrant workers and overseas Filipinos in distress VII. DEREGULATION AND PHASE-OUT
in accordance witht the guidelines, criteria and procedures promulgated in
accordance with Section 24 (a) hereof. The expenditures to be charged against
the Fund shall include the fees for the foreign lawyers to be hired by the Legal SEC. 29. COMPREHENSIVE DEREGULATION PLAN ON RECRUITMENT
Assistance for Migrant Workers Affairs to represent migrant workers facing ACTIVITIES. - Pursuant to a progressive policy of deregulation whereby the
charges abroad, bail bonds to secure the temporary release of workers under migration of workers becomes strictly a matter between the worker and his
detention, court fees and charges and other litigation expenses. foreign employer, the DOLE within one (1) year from the effectivity of this Act,
is hereby mandated to formulate a five-year comprehensive deregulation plan
on recruitment activities taking into account labor market trends, economic
VI. COUNTRY - TEAM APPROACH conditions of the country and emergency circumstances which may affect the
welfare of migrant workers.
SEC. 27. PRIORITY CONCERNS OF PHILIPPINE FOREIGN SERVICE
POSTS. - The country team approach, as enunciated under Executive Order No. SEC. 30. GRADUAL PHASE-OUT OF REGULATORY FUNCTIONS. - Within
74, series of 1993, shall be the mode under which Philippine embassies or their a period of five (5) years from the effectivity of this Act, the DOLE shall phase
personnel will operate in the protection of the Filipino migrant workers as well out the regulatory functions of the POEA pursuant to the objectives of
as in the promotion of their welfare. The protection of the Filipino migrant deregulation.
workers and the promotion of their welfare, in particular, and the protection of
the dignity and fundamental rights and freedoms of the Filipino citizen abroad,
in general, shall be the highest priority concerns of the Secretary of Foreign VII. PROFESSIONAL AND OTHER HIGHLY-SKILLED FILIPINOS ABROAD
Affairs and the Philippine Foreign Service Posts.
SEC. 31. INCENTIVES TO PROFESSIONALS AND OTHER HIGHLY-
SEC. 28. COUNTRY-TEAM APPROACH. - Under the country-team SKILLED FILIPINOS ABROAD. - Pursuant to the objective of encouraging
approach, all officers, representatives and personnel of the Philippine professionals and other highly-skilled Filipinos abroad especially in the field of
government posted abroad regardless of their mother agencies shall, on a per science and technology to participate in, and contribute to national
country basis, act as one country-team with a mission under the leadership of development, the government shall provide proper and adequate incentives and
the ambassador. In this regard, the ambassador may recommend to the programs so as to secure their services in priority development areas of the
Secretary of the Department of Foreign Affairs the recall of officers, public and private sectors.
representatives and personnel of the Philippine government posted abroad for
acts inimical to the national interest such as, but not limited to, failure to IX. MISCELLANEOUS PROVISIONS
provide the necessary services to protect the rights of overseas Filipinos.
SEC. 32. POEA AND OWWA BOARD; ADDITIONAL MEMBERSHIPS. -
Upon receipt of the recommendation of the ambassador, the Secretary Notwithstanding any provision of law to the contrary, the respective Boards of
of the Department of Foreign Affairs shall, in the case of officers, representatives the POEA and the OWWA shall, in addition to their present composition, have
and personnel of other departments, endorse such recommendation to the three (3) members each who shall come from the women, sea-based and land-
department secretary concerned for appropriate action. Pending investigation based sectors, respectively, to be appointed by the President in the same
by an appropriate body in the Philippines, the person recommended for recall manner as the other members.
may be placed under preventive suspension by the ambassador.
 SEC. 33. REPORT TO CONGRESS. - In order to inform the Philippine SEC. 36. NON-INCREASE OF FEES; ABOLITION OF REPATRIATION
Congress on the implementation of the policy enunciated in Section 4 hereof, BOND. - Upon approval of this Act, all fees being charged by any government
the Department of Foreign Affairs and the Department of Labor and office on migrant workers shall remain at their present levels and the
Employment shall submit to the said body a semi-annual report of Philippine repatriation bond shall be established.
foreign posts located in countries hosting Filipino migrant workers. The report
shall not be limited to the following information: SEC. 37. THE CONGRESSIONAL MIGRANT WORKERS SCHOLARSHIP
FUND. - There is hereby created a Congressional Migrant Workers Scholarship
(a) Masterlist of Filipino migrant workers, and inventory of pending Fund which shall benefit deserving migrant workers and/or their immediate
cases involving them and other Filipino nationals including those serving prison descendants below twenty-one (21) years of age who intent to pursue courses
terms; or training primarily in the field of science and technology. The initial seed fund
of two hundred million pesos (P200,000,000.00) shall be constituted from the
(b) Working conditions of Filipino migrant workers; following sources:

(c) Problems encountered by the migrant workers, specifically (a) Fifty million pesos (P50,000,000.00) from the unexpected
violations of their rights; Countrywide Development Fund for 1995 in equal sharing by all members of
Congress; and

(d) Initiative/actions taken by the Philippine foreign posts to address

the problems of Filipino migrant workers; (b) The remaining one hundred fifty million pesos (P150,000,000.00)
shall be funded from the proceeds of Lotto.

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

The Congressional Migrant Workers Scholarship Fund as herein created
shall be administered by the DOLE in coordination with the Department of
(f) Status of negotiations on bilateral labor agreements between the Science and Technology (DOST). To carry out the objectives of this section, the
Philippines and the host country. DOLE and the DOST shall formulate the necessary rules and regulations.

Any officer of the government who fails to report as stated in the SEC. 38. APPROPRIATION AND OTHER SOURCES OF FUNDING. - The
preceeding section shall be subjected to administrative penalty. amount necessary to carry out the provisions of this Act shall be provided for in
the General Appropriations Act of the year following its enactment into law and
SEC. 34. REPRESENTATION IN CONGRESS. - Pursuant to Section 3(2), thereafter.
Article VI of the Constitution and in line with the objective of empowering
overseas Filipinos to participate in the policy-making process to address SEC. 39. MIGRANT WORKERS DAY. - The day of signing by the
Filipino migrant concerns, two (2) sectoral representatives for migrant workers President of this Act shall be designated as the Migrant Workers Day and shall
in the House of Representatives shall be appointed by the President from the henceforth be commemorated as such annually.
ranks of migrant workers: Provided, that at least one (1) of the two (2) sectoral
representatives shall come from the women migrant workers sector: Provided,
further, that all nominees must have at least two (2) years experience as a SEC. 40. IMPLEMENTING RULES AND REGULATIONS. - The
migrant worker. departments and agencies charged with carrying out the provisions of this Act
shall, within ninety (90) days after the effectivity of this Act, formulate the
necessary rules and regulations for its effective implementation.
SEC. 35. EXEMPTION FROM TRAVEL TAX AND AIRPORT FEE. - All laws
to the country notwithstanding, the migrant worker shall be exempt from the
payment of travel tax and airport fee upon proper showing of proof of SEC. 41. REPEATING CLAUSE. - All laws, decrees, executive orders, rules
entitlement by the POEA. and regulations, or parts thereof inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.
 SEC. 42. SEPARABILITY CLAUSE. - If, for any reason, any section or
provision of this Act is held unconstitutional or invalid, the other sections or
provisions hereof shall not be affected thereby.

SEC. 43. EFFECTIVITY CLAUSE. - This Act shall take effect after fifteen
(15) days from its publication in the Official Gazette or in at least two (2)
national newspapers of general circulation whichever comes earlier.
 MALACANANGManila of three (3) or more persons conspiring and/or confederating with one another
in carrying out any unlawful or illegal transaction, enterprise or scheme defined
under this first paragraph hereof. Illegal recruitment is deemed committed in
PRESIDENTIAL DECREE NO. 2018 large scale if committed against three (3) or more persons individually or as a
group.
FURTHER AMENDING ARTICLES 38 AND 39 OF THE LABOR CODE BY MAKING
ILLEGAL RECRUITMENT A CRIME OF ECONOMIC SABOTAGE AND PUNISHABLE (c) The Minister of Labor and Employment or his duly authorized
WITH LIFE IMPRISONMENT. representatives shall have the power to cause the arrest and detention of such
non-license or non-holder of authority if after investigation it is determined that
WHEREAS, despite existing provisions of law and the continuing efforts to his activities constitute a danger to national security and public order or will
eliminate them, illegal recruiters, have continued to proliferate and victimize lead to further exploitation of job-seekers. The Minister shall order the search of
unwary workers; the office or premises and seizure of documents paraphernalia, properties and
other implements used in illegal recruitment activities and the closure of
companies, establishment and entities found to be engaged in the recruitment of
WHEREAS, illegal recruiters have defrauded and caused untold sufferings to workers for overseas employment, without having been licensed or authorized
thousands of Filipino workers and their families; to do so.

WHEREAS, experience shows that because of light penalties, illegal recruiters Art. 39. Penalties. (a) The penalty of imprisonment and a fine of One
have become more callous and bolder in their modus operandi and usually Hundred Thousand Pesos (100,000) shall be imposed if illegal recruitment
carry out their activities as syndicates or in large scale; constitutes economic sabotage as defined herein;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the (b) Any licensee or holder of authority found violating or causing another to
Philippines, by virtue of the powers vested in me by the Constitution, do hereby violate any provision of this Title or its implementing rules and regulations
order: shall, upon conviction thereof, suffer the penalty of imprisonment of not less
than two years nor more than five years or a fine of not less than 10,000 nor
more than 50,000 or both such imprisonment and fine, at the discretion of the
SECTION 1. Articles 38 and 39 of Presidential Decree No. 442, as amended, court;
otherwise known as the Labor Code of the Philippines, is hereby further
amended to read as follows:
(c) Any person who is neither a licensee nor a holder of authority under this
Title found violating any provision thereof or its implementing rules and
Art. 38. Illegal Recruitment. (a) Any recruitment activities, including the regulations shall, upon conviction thereof, suffer the penalty of imprisonment of
prohibited practices enumerated under Article 34 of this Code, to be undertaken not less than four years nor more than eight years or a fine of not less than
by non-licensees or non-holders of authority shall be deemed illegal and 20,000 nor more than 100,000 or both such imprisonment and fine, at the
punishable under Article 39 of this Code. The Ministry of Labor and discretion of the Court;
Employment or any law enforcement officers may initiate complaints under this
Article.
(d) If the offender is a corporation, partnership, association or entity, the
penalty shall be imposed upon the officer or officers of the corporation,
(b) Illegal recruitment when committed by a syndicate or in large scale shall be partnership, association or entity responsible for violation; and if such officer is
considered an offense involving economic sabotage and shall be penalized in an alien, he shall, in addition to the penalties herein prescribed be deported
accordance with Article 39 hereof. without further proceedings;

Illegal recruitment is deemed committed by a syndicate if carried out by a group

(e) In every case, conviction shall cause and carry the automatic revocation of
the license or authority and all the permits and privileges granted to such
person or entity under this Title, and the forfeiture of the cash and surety bonds
in favor of the Overseas Employment Development Board or the National
Seamen Board, as the case may be, both of which are authorized to use the same
exclusively to promote their objectives.

SECTION 2. This Decree shall take effect immediately.

Done in the City of Manila, this 26th day of January, 1986.

 Republic of the PhilippinesCONGRESS OF THE PHILIPPINESMetro Manila "(h) The State recognizes non-governmental organizations, trade unions,
workers associations, stakeholders and their similar entities duly recognized as
Fourteenth CongressThird Regular Session 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
Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, recruitment and manning agencies shall from part this partnership."
two thousand nine.
Section 2. Section 3, paragraph (a) of Republic Act No. 8042, as amended, is
REPUBLIC ACT No. 10022 hereby amended to read as follows:

AN ACT AMENDING REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS THE "(a) "Overseas Filipino worker" refers to a person who is to be engaged, is
MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995, AS engaged or has been engaged in a remunerated activity in a state of which he or
AMENDED, FURTHER IMPROVING THE STANDARD OF PROTECTION AND she is not a citizen or on board a vessel navigating the foreign seas other than a
PROMOTION OF THE WELFARE OF MIGRANT WORKERS, THEIR FAMILIES government ship used for miliatry or non-commercial purposes or on an
AND OVERSEAS FILIPINOS IN DISTRESS, AND FOR OTHER PURPOSES installation located offshore or on the high seas; to be used interchangeably
with migrant worker."
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled: Section 3. Section 4 of Republic Act No. 8042, as amended, is hereby amended
to rerad as follows:
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 "SEC. 4. Deployment of Migrant Workers. - The State shall allow the deployment
Act of 1995," is hereby amended to read as follows: of overseas Filipino 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) In the pursuit of an independent foreign policy and while considering rights of overseas Filipino workers:
national sovereignty, territorial integrity, national interest and the right to self-
determination paramount in its relations with other states, the State shall, at all
times, uphold the dignity of its citizens whether in country or overseas, in "(a) It has existing labor and social laws protecting the rights of workers,
general, and Filipino migrant workers, in particular, continuously monitor including migrant workers;
international conventions, adopt/be signatory to and ratify those that guarantee
protection to our migrant workers, and endeavor to enter into bilateral "(b) It is a signatory to and/or a ratifier of multilateral conventions, declarations
agreements with countries hosting overseas Filipino workers." or resolutions relating to the protection of workers, including migrant workers;
and
"(e) Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty. In this regard, "(c) It has concluded a bilateral agreement or arrangement with the
it is imperative that an effective mechanism be instituted to ensure that the government on the protection of the rights of overseas Filipino Workers:
rights and interest of distressed overseas Filipinos, in general, and Filipino
migrant workers, in particular, whether regular/documented or Provided, That the receiving country is taking positive, concrete measures to
irregular/undocumented, are adequately protected and safeguarded." protect the rights of migrant workers in furtherance of any of the guarantees
under subparagraphs (a), (b) and (c) hereof.
"(g) The State recognizes that the most effective tool for empowerment is the
possession of skills by migrant workers. The government shall provide them "In the absence of a clear showing that any of the aforementioned guarantees
free and accessible skills development and enhancement programs. Pursuant to exists in the country of destination of the migrant workers, no permit for
this and as soon as practicable, the government shall deploy and/or allow the deployment shall be issued by the Philippine Overseas Employment
deployment only of skilled Filipino workers." Administration (POEA).
"The members of the POEA Governing Board who actually voted in favor of an Presidential Decree No. 442, as amended, otherwise known as the Labor Code of
order allowing the deployment of migrant workers without any of the the Philippines: Provided, That any such non-licensee or non-holder who, in any
aforementioned guarantees shall suffer the penalties of removal or dismissal manner, offers or promises for a fee employment abroad to two or more
from service with disqualification to hold any appointive public office for five persons shall be deemed so engaged. It shall likewise include the following acts,
(5) years, Further, the government official or employee responsible for the whether committed by any person, whether a non-licensee, non-holder, licensee
issuance of the permit or for allowing the deployment of migrant workers in or holder of authority:
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 "(a) To charge or accept directly or indirectly any amount greater than that
this section. specified in the schedule of allowable fees prescribed by the Secretary of Labor
and Employment, or to make a worker pay or acknowledge any amount greater
"For this purpose, the Department of Foreign Affairs, through its foreign posts, than that actually received by him as a loan or advance;
shall issue a certification to the POEA, specifying therein the pertinent
provisions of the receiving country's labor/social law, or the "(b) To furnish or publish any false notice or information or document in
convention/declaration/resolution, or the bilateral agreement/arrangement relation to recruitment or employment;
which protect the rights of migrant workers.
"(c) To give any false notice, testimony, information or document or commit any
"The State shall also allow the deployment of overseas Filipino workers to act of misrepresentation for the purpose of securing a license or authority
vessels navigating the foreign seas or to installations located offshore or on high under the Labor Code, or for the purpose of documenting hired workers with
seas whose owners/employers are compliant with international laws and the POEA, which include the act of reprocessing workers through a job order
standards that protect the rights of migrant workers. that pertains to nonexistent work, work different from the actual overseas
work, or work with a different employer whether registered or not with the
"The State shall likewise allow the deployment of overseas Filipino workers to POEA;
companies and contractors with international operations: Provided, That they
are compliant with standards, conditions and requirements, as embodied in the "(d) To include or attempt to induce a worker already employed to quit his
employment contracts prescribed by the POEA and in accordance with employment in order to offer him another unless the transfer is designed to
internationally-accepted standards." liberate a worker from oppressive terms and conditions of employment;

Section 4. Section 5 of Republic Act No. 8042, as amended, is hereby amended "(e) To influence or attempt to influence any person or entity not to employ any
to read as follows: worker who has not applied for employment through his agency or who has
formed, joined or supported, or has contacted or is supported by any union or
"SEC. 5. Termination or Ban on Deployment. - Notwithstanding the provisions of workers' organization;
Section 4 hereof, in pursuit of the national interest or when public welfare so
requires, the POEA Governing Board, after consultation with the Department of "(f) To engage in the recruitment or placement of workers in jobs harmful to
Foreign Affairs, may, at any time, terminate or impose a ban on the deployment public health or morality or to the dignity of the Republic of the Philippines;
of migrant workers."
"(h) To fail to submit reports on the status of employment, placement vacancies,
Section 5. Section 6 of Republic Act No. 8042, as amended, is hereby amended remittance of foreign exchange earnings, separation from jobs, departures and
to read as follows: such other matters or information as may be required by the Secretary of Labor
and Employment;
"SEC. 6. Definition. - For purposes of this Act, illegal recruitment shall mean any
act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or "(i) To substitute or alter to the prejudice of the worker, employment contracts
procuring workers and includes referring, contract services, promising or approved and verified by the Department of Labor and Employment from the
advertising for employment abroad, whether for profit or not, when undertaken time of actual signing thereof by the parties up to and including the period of
by non-licensee or non-holder of authority contemplated under Article 13(f) of the expiration of the same without the approval of the Department of Labor and
Employment; "(4) Impose a compulsory and exclusive arrangement whereby an overseas
Filipino worker is required to undergo health examinations only from
"(j) For an officer or agent of a recruitment or placement agency to become an specifically designated medical clinics, institutions, entities or persons, except in
officer or member of the Board of any corporation engaged in travel agency or the case of a seafarer whose medical examination cost is shouldered by the
to be engaged directly or indirectly in the management of travel agency; principal/shipowner;

"(k) To withhold or deny travel documents from applicant workers before "(5) Impose a compulsory and exclusive arrangement whereby an overseas
departure for monetary or financial considerations, or for any other reasons, Filipino worker is required to undergo training, seminar, instruction or
other than those authorized under the Labor Code and its implementing rules schooling of any kind only from specifically designated institutions, entities or
and regulations; persons, except fpr recommendatory trainings mandated by
principals/shipowners where the latter shoulder the cost of such trainings;
"(l) Failure to actually deploy a contracted worker without valid reason as
determined by the Department of Labor and Employment; "(6) For a suspended recruitment/manning agency to engage in any kind of
recruitment activity including the processing of pending workers' applications;
"(m) Failure to reimburse expenses incurred by the worker in connection with and
his documentation and processing for purposes of deployment, in cases where
the deployment does not actually take place without the worker's fault. Illegal "(7) For a recruitment/manning agency or a foreign principal/employer to pass
recruitment when committed by a syndicate or in large scale shall be on the overseas Filipino worker or deduct from his or her salary the payment of
considered an offense involving economic sabotage; and the cost of insurance fees, premium or other insurance related charges, as
provided under the compulsory worker's insurance coverage.
"(n) To allow a non-Filipino citizen to head or manage a licensed
recruitment/manning agency. "The persons criminally liable for the above offenses are the principals,
accomplices and accessories. In case of juridical persons, the officers having
"Illegal recruitment is deemed committed by a syndicate if carried out by a ownership, control, management or direction of their business who are
group of three (3) or more persons conspiring or confederating with one responsible for the commission of the offense and the responsible
another. It is deemed committed in large scale if committed against three (3) or employees/agents thereof shall be liable.
more persons individually or as a group.
"In the filing of cases for illegal recruitment or any of the prohibited acts under
"In addition to the acts enumerated above, it shall also be unlawful for any this section, the Secretary of Labor and Employment, the POEA Administrator or
person or entity to commit the following prohibited acts: 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
"(1) Grant a loan to an overseas Filipino worker with interest exceeding eight Labor and Employment, POEA and other law enforcement agencies who
percent (8%) per annum, which will be used for payment of legal and allowable witnessed the acts constituting the offense shall be sufficient to prosecute the
placement fees and make the migrant worker issue, either personally or accused.
through a guarantor or accommodation party, postdated checks in relation to
the said loan;
"In the prosecution of offenses punishable under this section, the public
prosecutors of the Department of Justice shall collaborate with the anti-illegal
"(2) Impose a compulsory and exclusive arrangement whereby an overseas recruitment branch of the POEA and, in certain cases, allow the POEA lawyers to
Filipino worker is required to avail of a loan only from specifically designated take the lead in the prosecution. The POEA lawyers who act as prosecutors in
institutions, entities or persons; such cases shall be entitled to receive additional allowances as may be
determined by the POEA Administrator.
"(3) Refuse to condone or renegotiate a loan incurred by an overseas Filipino
worker after the latter's employment contract has been prematurely terminated "The filing of an offense punishable under this Act shall be without prejudice to
through no fault of his or her own;
the filing of cases punishable under other existing laws, rules or shall endeavor to update and keep abreast with the developments in the global
regulations."1avvphi1 services industry.

Section 6. Section 7 of Republic Act No. 8042, as amended, is hereby amended "The liability of the principal/employer and the recruitment/placement agency
to read as follows: for any and all claims under this section shall be joint and several. This
provision shall be incorporated in the contract for overseas employment and
"SEC. 7. Penalties. - shall be a condition precedent for its approval. The performance bond to de
filed by the recruitment/placement agency, as provided by law, shall be
"(a) Any person found guilty of illegal recruitment shall suffer the penalty of answerable for all money claims or damages that may be awarded to the
imprisonment of not less than twelve (12) years and one (1) day but not more workers. If the recruitment/placement agency is a juridical being, the corporate
than twenty (20) years and a fine of not less than One million pesos officers and directors and partners as the case may be, shall themselves be
(P1,000,000.00) nor more than Two million pesos (P2,000,000.00). jointly and solidarily liable with the corporation or partnership for the aforesaid
claims and damages.
"(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 "Such liabilities shall continue during the entire period or duration of the
be imposed if illegal recruitment constitutes economic sabotage as defined employment contract and shall not be affected by any substitution, amendment
therein. or modification made locally or in a foreign country of the said contract.

"Provided, however, That the maximum penalty shall be imposed if the person "Any compromise/amicable settlement or voluntary agreement on money
illegally recruited is less than eighteen (18) years of age or committed by a non- claims inclusive of damages under this section shall be paid within thirty (30)
licensee or non-holder of authority. days from approval of the settlement by the appropriate authority.

"(c) Any person found guilty of any of the prohibited acts shall suffer the penalty "In case of termination of overseas employment without just, valid or
of imprisonment of not less than six (6) years and one (1) day but not more than authorized cause as defined by law or contract, or any unauthorized deductions
twelve (12) years and a fine of not less than Five hundred thousand pesos from the migrant worker's salary, the worker shall be entitled to the full
(P500,000.00) nor more than One million pesos (P1,000,000.00). 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 (3) months for every year of the unexpired
"If the offender is an alien, he or she shall, in addition to the penalties herein term, whichever is less.
prescribed, be deported without further proceedings.
"In case of a final and executory judgement against a foreign
"In every case, conviction shall cause and carry the automatic revocation of the employer/principal, it shall be automatically disqualified, without further
license or registration of the recruitment/manning agency, lending institutions, proceedings, from participating in the Philippine Overseas Employment
training school or medical clinic." Program and from recruiting and hiring Filipino workers until and unless it fully
satisfies the judgement award.
Section 7. Section 10 of Republic Act No. 8042, as amended, is hereby amended
to read as follows: "Noncompliance with the mandatory periods for resolutions of case provided
under this section shall subject the responsible officials to any or all of the
"SEC. 10. Money Claims. - Notwithstanding any provision of law to the contrary, following penalties:
the Labor Arbiters of the National Labor Relations Commission (NLRC) shall
have the original and exclusive jurisdiction to hear and decide, within ninety "(a) The salary of any such official who fails to render his decision or resolution
(90) calendar days after the filing of the complaint, the claims arising out of an within the prescribed period shall be, or caused to be, withheld until the said
employer-employee relationship or by virtue of any law or contract involving official complies therewith;
Filipino workers for overseas deployment including claims for actual, moral,
exemplary and other forms of damage. Consistent with this mandate, the NLRC
"(b) Suspension for not more than ninety (90) days; or "SEC. 17. Establishment of National Reintegration Center for Overseas Filipino
Workers. -A national reintegration center for overseas Filipino workers (NRCO)
"(c) Dismissal from the service with disqualification to hold any appointive is hereby created in the Department of Labor and Employment for returning
public office for five (5) years. Filipino migrant workers which shall provide a mechanism for their
reintegration into the Philippine society, serve as a promotion house for their
"Provided, however, That the penalties herein provided shall be without local employment, and tap their skills and potentials for national development.
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 "The Department of Labor and Employment, the Overseas Workers Welfare
provisions of this paragraph." Administration (OWWA), and the Philippine Overseas Employment
Administration (POEA) shall, within ninety (90) days from the effectivity of this
Section 8. The first paragraph of Section 13 of Republic Act No. 8042, as Act, formulate a program that would motivate migrant workers to plan for
amended is hereby amended to read as follows: productive options such as entry into highly technical jobs or undertakings,
livelihood and entrepreneurial development, better wage employment, and
investment of savings.
"SEC. 13. Free Legal Assistance; Preferential Entitlement Under the Witness
Protection Program. - A mechanism for free legal assistance for victims of illegal
recruitment shall be established in the anti-illegal recruitment branch of the "For this purpose, the Technical Education and Skills Development Authority
POEA including its regional offices. Such mechanism shall include coordination (TESDA), the Technology Livelihood Resource Center (TLRC), and other
and cooperation with the Department of Justice, the Integrated Bar of the government agencies involved in training and livelihood development shall give
Philippines, and other non-governmental organizations and volunteer groups." priority to returnees who had been employed as domestic helpers and
entertainers."
Section 9. Section 16 of Republic Act No. 8042, as amended, is hereby amended
to read as follows: Section 11. Section 18 of Republic Act No. 8042, as amended is hereby
amended to read as follows:
"SEC. 16. Mandatory Repatriation of Underage Migrant Workers. - Upon
discovery or being informed of the presence of migrant workers whose ages fall "SEC. 18. Functions of the National Reintegration Center for Overseas Filipino
below the minimum age requirement for overseas deployment, the responsible Workers. -The Center shall provide the following services:
officers in the foreign service shall without delay repatriate said workers and
advise the Department of Foreign Affairs through the fastest means of "(a) Develop and support programs and projects for livelihood,
communication available of such discovery and other relevant information. The entrepreneurship, savings, investments and financial literacy for returning
license of a recruitment/manning agency which recruited or deployed an Filipino migrant workers and their families in coordination with relevant
underage migrant worker shall be automatically revoked and shall be imposed a stakeholders, service providers and international organizations;
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 "(b) Coordinate with appropriate stakeholders, service providers and relevant
processing of papers or documents in the recruitment or deployment shall be international organizations for the promotion, development and the full
refunded in full by the responsible recruitment/manning agency, without need utilization of overseas Filipino worker returnees and their potentials;
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 "(c) Institute, in cooperation with other government agencies concerned, a
damages sustained by the underage migrant worker. The refund shall be paid computer-based information system on returning Filipino migrant workers
within thirty (30) days from the date of the mandatory repatriation as provided shall be accessible to all local recruitment agencies and employers, both public
for in this Act." and private;

Section 10. Section 17 of Republic Act No. 8042, as amended, is hereby "(d) Proved a periodic study and assessment of job opportunities for returning
amended to read as follows: Filipino migrant workers;
"(e) Develop and implement other appropriate programs to promote the the National Statistical and Coordination Board, the National Statistics Office
welfare of returning Filipino migrant workers; and other government agencies concerned with overseas employment shall be
established to implement a shared government information system for
"(f) Maintain an internet-based communication system for on-line registration migration. The interagency committee shall initially make available to itself the
and interaction with clients, and maintain and upgrade computer-based service information contained in existing data bases/files. The second phase shall
capabilities of the NRCO; involve linkaging of computer facilities on order to allow free-flow data
exchanges and sharing among concerned agencies.
"(g) Develop capacity-building programs for returning overseas Filipino
workers and their families, implementers, service providers, and stakeholders; "The inter-agency committee shall be co-chaired by the Department of Foreign
and Affairs and the Department of Labor and Employment. The National Computer
Center shall provide the necessary technical assistance and shall set the
"(h) Conduct research for policy recommendations and program development." appropriate information and communications technology standards to facilitate
the sharing of information among the member agencies.
Section 12. The second paragraph of Section 19 of Republic Act No. 8042, as
amended, is hereby amended to read as follows: "The inter-agency committee shall meet regularly to ensure the immediate and
full implementation of this section and shall explore the possibility setting up a
central storage facility for the data on migration. The progress of the
"The establishment and operations of the Center shall be a joint undertaking of implementation of this section shall be include in the report to Congress of the
the various government agencies. The Center shall be open for twenty-four (24) Department of Foreign Affairs and the Department of Labor and Employment
hours daily including Saturdays, Sundays and holidays, and shall be staffed by under Section 33.
Foreign Service personnel, service attaches or officers who represent other
Philippine government agencies abroad and, if available, individual volunteers
and bona fide non-government organizations from the host countries. In "The inter-agency committee shall convene to identify existing data bases which
countries categorized as highly problematic by the Department of Foreign shall be declassified and shared among member agencies. These shared data
Affairs and the Department of Labor and Employment and where there is a bases shall initially include, but not be limited to, the following information:
concentration of Filipino migrant workers, the government must provide a
Sharia or human rights lawyer, a psychologist and a social worker for the "(a) Masterlists of Filipino migrant workers/overseas Filipino classified
Center. In addition to these personnel, the government must also hire within the according to occupation/job category, civil status, by country/state of
receiving country, in such number as may be needed by the post, public relation destination including visa classification;
officers or case officers who are conversant, orally and in writing, with the local
language, laws, customs and practices. The Labor Attache shall coordinate the "(b) Inventory of pending legal cases involving Filipino migrant workers and
operation of the Center and shall keep the Chief of Mission informed and other Filipino nationals, including those serving prison terms;
updated on all matters affecting it."
"(c) Masterlists of departing/arriving Filipinos;
Section 13. Section 20 of Republic Act No. 8042, as amended, is hereby
amended to read as follows: "(d) Statistical profile on Filipino migrant workers/overseas Filipinos/tourists;

"SEC. 20. Establishment of a Shared Government Information System for "(e) Blacklisted foreigners/undesirable aliens;
Migration. - An interagency committee composed of the Department of Foreign
Affairs and its attached agency, the Commission on Filipinos Overseas, the "(f) Basic data on legal systems, immigration policies, marriage laws and civil
Department of Labor and Employment and its attached concerned agencies, the and criminal codes in receiving countries particularly those with large numbers
Department of Tourism, the Department of Justice the Bureau of Immigration, of Filipinos;
the National Bureau of Investigation, the Department of the Interior and Local
Government, the National Telecommunications Commission, the Commission on
Information and Communications Technology, the National Computer Center, "(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 laws and standards for migrant workers."
male and female migrant workers, including minors; and
Section 15. Sub-paragraph (b.2) of Paragraph (b) of Section 23 of Republic Act
"(i) Listing of overseas posts which may render assistance to overseas Filipinos, No. 8042, as amended, is hereby amended to read as follows:
in general, and migrant workers, in particular."
"(b.2) Overseas Workers Welfare Administration. - The Welfare officer of in his
Section 14. Subparagraph (b.1) of paragraph (b) of Section 23 of Republic Act absence, the coordinating officer shall provide the Filipino migrant worker and
No. 8042, as amended, is hereby amended to read as follows: his family all the assistance they may need in the enforcement of contractual
obligations by agencies or entities and/or by their principals. In the
"(b.1) Philippine Overseas Employment Administration. - The Administration performance of this function, he shall make representation and may call on the
shall regulate private sector participation in the recruitment and overseas agencies or entities concerned to conferences or conciliation meetings for the
placement of workers by setting up a licensing and registration system. It shall purpose of settling the compliance or problems brought to his attention. The
also formulate and implement, in coordination with appropriate entities OWWA shall likewise formulate and implement welfare programs for overseas
concerned, when necessary, a system for promoting and monitoring the Filipino workers and their families while they are abroad and upon their return.
overseas employment of Filipino workers taking into consideration their It shall ensure the awareness by the overseas Filipino workers and their
welfare and the domestic manpower requirements. It shall be responsible for families of these programs and other related governmental programs.
the regulation and management of overseas employment from the pre-
employment stage, securing the best possible employment terms and conditions "In the repatriation of workers to be undertaken by OWWA, the latter shall be
for overseas Filipino workers, and taking into consideration the needs of authorized to pay repatriation-related expenses, such as fines or penalties,
vulnerable sectors and the peculiarities of sea-based and land-based workers. In subject to such guidelines as the OWWA Board of Trustees may prescribe."
appropriate cases, the Administration shall allow the lifting of suspension of
erring recruitment/manning agencies upon the payment of fine of Fifty Section 16. Under Section 23 of Republic Act No. 8042, as amended, add new
thousand pesos (P50,000.00) for every month of suspension. paragraphs (c) and (d) with their corresponding subparagraphs to read as
follows:
"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 "(c) Department of Health. - The Department of Health (DOH) shall regulate the
human beings, instruct and guide the workers how to assert their rights and activities and operations of all clinics which conduct medical, physical, optical,
provide the available mechanism to redress violation of their rights. It shall also dental, psychological and other similar examinations, hereinafter referred to as
be responsible for the implementation, in partnership with other law- health examinations, on Filipino migrant workers as requirement for their
enforcement agencies, of an intensified program against illegal recruitment overseas employment. Pursuant to this, the DOH shall ensure that:
activities. For this purpose, the POEA shall provide comprehensive Pre-
Employment Orientation Seminars (PEOS) that will discuss topics such as " (c.1) The fees for the health examinations are regulated, regularly monitored
prevention of illegal recruitment and gender-sensitivity. and duly published to ensure that the said fees are reasonable and not
exorbitant;
"The Administration shall not engage in the recruitment and placement of
overseas workers except on a government-to-government arrangement only. " (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
"In the recruitment and placement of workers to service the requirements for deployed to the jobsite and only those health examinations which are absolutely
trained and competent Filipino workers of foreign governments and their necessary for the type of job applied for or those specifically required by the
instrumentalitys, and such other employers as public interests may require, the foreign employer shall be conducted;
Administration shall deploy only to countries where the Philippine has conclude
bilateral labor agreements or arrangements: Provided, That such countries shall " (c.3) No group or groups of medical clinics shall have a monopoly of
guarantee to protect the rights of Filipino migrant workers; and Provided, exclusively conducting health examinations on migrant workers for certain
further, That such countries shall observe and/or comply with the international receiving countries;
" (c.4) Every Filipino migrant worker shall have the freedom to choose any of "(d.1) Provide a venue for the POEA, other concerned government agencies and
the DOH-accredited or DOH-operated clinics that will conduct his/her health non-government organizations to conduct PEOS to their constituents on a
examinations and that his or her rights as a patient are respected. The decking regular basis;
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 "(d.2) Establish overseas Filipino worker help desk or kiosk in their localities
be allowed; 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
" (c.5) Within a period of three (3) years from the effectivity of this Act, all DOH linked to the database of all concerned government agencies, particularly the
regional and/or provincial hospitals shall establish and operate clinics that can POEA for its updated lists of overseas job orders and licensed recruitment
be serve the health examination requirements of Filipino migrant workers to agencies in good standing."
provide them easy access to such clinics all over the country and lessen their
transportation and lodging expenses and Section 17. Subparagraph ( c ) of Section of Republic Act No. 8042, as amended,
is hereby amended to read as follows:
" (c.6) All DOH-accredited medical clinics, including the DOH-operated clinics,
conducting health examinations for Filipino migrant workers shall observe the "( c ) To tap the assistance of reputable law firms, the Integrated Bar of the
same standard operating procedures and shall comply with internationally- Philippines, other bar associations and other government legal experts on
accepted standards in their operations to conform with the requirements of overseas Filipino worker laws to complement the government's efforts to
receiving countries or of foreign employers/principals. provide legal assistance to our migrant workers;"

"Any Foreign employer who does not honor the results of valid health Section 18. Section 25 of Republic Act No. 8042, as amended, is hereby
examinations conducted by a DOH-accredited or DOH-operated clinic shall be amended to read as follows:
temporarily disqualified from the participating in the overseas employment
program, pursuant to POEA rules and regulations. "SEC. 25. Legal Assistance Fund. - There is herby established a legal assistance
fund for migrant workers, hereinafter referred to as the Legal Assistance Fund,
"In case an overseas Filipino worker is found to be not medically fit upon in the amount of one hundred million pesos (P100,000,000.00) to be
his/her immediate arrival in the country of destination, the medical clinic that constituted from the following sources.
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 "Fifty million pesos (50,000,000.00) from the Contingency Fund of the
such worker. President;

"Any government official or employee who violates any provision of this "Thirty million pesos (30,000,000.00) from the Contingency Fund of the
subsection shall be removed or dismissed from service with disqualification to President Social Fund;
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. "Twenty million pesos (20,000,000.00) from the Welfare Fund for Overseas
Workers established under Letter of Instructions No. 537 as amended by
Presidential Decree Nos. 1694 and 1809; and
"(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 "An amount appropriated in the annual General Appropriations Act (GAA)
and welfare of overseas Filipino workers, shall take a proactive stance by being which shall not be less than Thirty million pesos (30,000,000.00) per year:
primarily responsible for the dissemination of information to their constituents Provided, that the balance of the Legal Assistance Fund (LAF) including the
on all aspects of overseas employment. To carry out this task, the following shall amount appropriated for the year shall not be less than One hundred million
be undertaken by the LGUs: pesos (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. "(b) Only non-government organizations that protect and promote the rights
and welfare of overseas Filipino workers, duly registered with the appropriate
" Any balances of existing funds which have been set aside by the government Philippine government agency and in good standing as such, and in existence for
specifically as legal assistance or defense fund to help migrant workers shall at least three (3) years prior to the nomination shall be qualified to nominate a
upon effectivity of this Act, be turned over to, and form part of, the Fund created representative for each sector to the Board;
under this Act."
"(c) The nominee must be at least twenty-five (25) years of age, able to read and
Section 19. Section 26 of Republic Act No. 8042, as amended, is hereby write, and a migrant worker at the time of his or her nomination or was a
amended to read as follows: migrant worker with at least three (3) years experience as such; and

"SEC. 26. Uses of the Legal Assistance Fund. - The Legal Assistance Fund created "(d) A final list of all the nominees selected by the OWWA/POEA governing
under the preceding section shall be used exclusively6 to provide legal services boards, which shall consist of three(3) names for each sector to be represented,
to migrant workers and overseas Filipinos in distress in accordance with the shall be submitted to the President and published in a newspaper of general
guidelines, criteria and procedures promulgated in accordance with Section 24 ( circulation;
a ) herof. The expenditures to be charged against the Fund shall include the fees
for the foreign lawyers to be hired by the Legal Assistant for Migrant Workers "Within thirty (30) days from the submission of the list, the President shall
Affairs to represent migrant workers facing charges or in filing cases against select and appoint from the list, the representatives to the POEA/OWWA
erring or abusive employers abroad, bail bonds to secure the temporary governing boards.
releases and other litigation expenses: Provided, That at the end of every year,
the Department of Foreign Affairs shall include in its report to Congress, as "The additional members shall have a term of three (3) years and shall be
provided for under Section 33 of this Act, the status of the Legal Assistance eligible for reappointment for another three (3) years. In case of vacancy, the
Fund, including the expenditures from the said fund duly audited by the President shall in accordance with the provisions of this Act, appoint a
Commission on Audit (COA): Provided, further, That the hiring of foreign legal replacement who shall serve the unexpired term of his or her predecessor.
counsels, when circumstances warrant urgent action, shall be exempt from the
coverage of Republic Act No. 9184 or the Government Procurement Act." "Any executive issuances or orders issued that contravene the provisions of this
section shall have no force and effect.
Section 20. Section 32 of Republic Act No. 8042, as amended, is hereby
amended to read as follows: "All other government agencies and government-owned or controlled
corporations which require at least one (1) representative from the overseas
"SEC. 32. POEA, OWWA and other Boards; Additional Memberships. - workers sector to their respective boards shall follow all the applicable
Notwithstanding any provision of law to the contrary, the respective Boards of provisions of this section."
the POEA and the OWWA shall, in addition to their present composition, have
three (3) members each who shall come from the women, sea-based and land- Section 21. The first and last paragraph of Section 33 of Republic Act No. 8042,
based sectors respectively, to be selected and nominated openly by the general as amended, is hereby amended to read as follows:
membership of the sector being represented.
"SEC. 33. Report to Congress. - In order to inform the Philippine Congress on the
" The selection and nomination of the additional members from the women, sea- implementation of the policy enunciated in Section 4 hereof, the Department of
based and land-based sectors shall be governed by the following guidelines: Foreign Affairs and the Department of Labor and Employment shall submit
separately to the said body a semi-annual report of Philippine foreign posts
"(a) The POEA and the OWWA shall launch a massive information campaign on located in countries hosting Filipino migrant workers. The mid-year report
the selection of nominees and provide for a system of consultative sessions for covering the period January to June shall be submitted not later than October 31
the certified leaders or representatives of the concerned sectors, at least three of the same year while the year-end report covering the period July to
(3) times, within ninety (90) days before the boards shall be convened, for December shall be submitted not later than May 31 of the following year. The
purposes of selection. The process shall be open, democratic and transparent; report shall include, but shall not limited to, the following information:
"xxx 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
" Any officer of the government who fails to submit the report as stated in this to, locating a local licensed funeral home, mortuary or direct disposition facility
section shall be subject to an administrative penalty of dismissal from the to prepare the body for transport, completing all documentation, obtaining legal
service with disqualification to hold any appointive public office for five (5) clearances, procuring consular services, providing necessary casket or air
years." transport container, as well as transporting the remains including retrieval from
site of death and delivery to the receiving funeral home;
Section 22. Section 35 of Republic Act No. 8042, as amended, is hereby
amended to read as follows: "(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
SEC. 35. Exemption from Travel Tax Documentary Stamp and Airport Fee. - All worker who is involved in a case or litigation for the protection of his/her rights
laws to the contrary notwithstanding, the migrant workers shall be exempt in the receiving country;
from the payment of travel tax and airport-fee upon proper showing of proof
entitlement by the POEA. "(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 remittances of all overseas Filipino workers, upon showing of the same The insurance coverage for money claims shall be equivalent to at least three
proof of entitlement by the overseas Filipino worker's beneficiary or recipient, (3) months for every year of the migrant worker's employment contract;
shall be exempt from the payment of documentary stamp tax.
"In addition to the above coverage, the insurance policy shall also include:
Section 23. A new Section 37-A. of Replublic Act No. 8042, as amended, is
hereby added to read as follows: "(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
"SEC. 37-A. Compulsory Insurance Coverage for Agency-Hired Workers. - In compassionate visit by one (1) family member or a requested individual. The
addition to the performance bond to be filed by the recruitment/manning insurance company shall pay for the transportation cost of the family member
agency under Section 10, each migrant worker deployed by a or requested individual to the major airport closest to the place of
recruitment/manning agency shall be covered by a compulsory insurance policy hospitalization of the worker. It is, however, the responsibility of the family
which shall be secured at no cost to the said worker. Such insurance policy shall member or requested individual to meet all visa and travel document
be effective for the duration of the migrant worker's employment and shall requirements;
cover, at the minimum:
"(h) Medical evacuation. When an adequate medical facility is not available
"(a) Accidental death, with at least Fifteen thousand United States dollars proximate to the migrant worker, as determined by the insurance company's
(US$10,000.00) survivor's benefit payable to the migrant worker's physician and/or a consulting physician, evacuation under appropriate medical
beneficiaries; supervision by the mode of transport necessary shall be undertaken by the
insurance provider; and
"(c) Permanent total disablement, with at least Seven thousand five hundred
United States dollars (US$7,500.00) disability benefit payable to the migrant "(i) Medical repatriation. When medically necessary as determined by the
worker. The following disabilities shall be deemed permanent: total, complete attending physician, repatriation under medical supervision to the migrant
loss of sight of both eyes; loss of two(2) limbs at or above the ankles or wrists; worker's residence shall be undertaken by the insurance provider at such time
permanent complete paralysis of two (2) limbs; brain injury resulting to that the migrant worker is medically cleared for travel by commercial carrier. If
incurable imbecility or insanity; 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-
"(d) Repatriation cost of the worker when his/her employment is terminated medical escorts may be provided when necessary.
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
"Only reputable private insurance companies duly registered with the Insurance the reason/s for the termination of the migrant worker's employment and the
Commission (IC) , which are in existence and operational for at least Five need for his or her repatriation shall be issued by the Philippine foreign post or
hundred million pesos (P500,000,000.00) to be determined by the IC, and with the Philippine Overseas Labor Office (POLO) located in the receiving country.
a current year certificate of authority shall be qualified to provide for the
worker's insurance coverage. Insurance companies who have directors, "For subsistence allowance benefit under subparagraph (e), the concerned
partners, officers, employees or agents with relatives, within the fourth civil labor attach or, in his absence, the embassy or consular official shall issue a
degree of consanguinity or affinity, who work or have interest in any of the certification which states the name of the case, the names of the parties and the
licensed recruitment/manning agencies or in any of the government agencies nature of the cause of action of the migrant worker.
involved in the overseas employment program shall be disqualified from
providing this workers' insurance coverage. "For the payment of money claims under subparagraph (f), the following rules
shall govern:
"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 "(1) After a decision has become final and executor or a settlement/compromise
it will deploy. After procuring such insurance policy, the recruitment/manning agreement has been reached between the parties at the NLRC, an order shall be
agency shall provide an authenticated copy thereof to the migrant worker. It released mandating the respondent recruitment/manning agency to pay the
shall then submit the certificate of insurance coverage of the migrant worker to amount adjudged or agreed upon within thirty (30) days;
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 "(2) The recruitment/manning agency shall then immediately file a notice of
certificates or other proofs of cover from recruitment/manning agencies: claim with its insurance provider for the amount of liability insured, attaching
Provided, That the minimum coverage under sub-paragraphs (a) to (i) are therewith a copy of the decision or compromise agreement;
included therein.
"(3) Within ten (10) days from the filing of notice of claim, the insurance
"Any person having a claim upon the policy issued pursuant to subparagraphs company shall make payment to the recruitment/manning agency the amount
(a), (b), (c), (d) and (e) of this section shall present to the insurance company adjudged or agreed upon, or the amount of liability insured, whichever is lower.
concerned a written notice of claim together with pertinent supporting After receiving the insurance payment, the recruitment/manning agency shall
documents. The insurance company shall forthwith ascertain the truth and immediately pay the migrant worker's claim in full, taking into account that in
extent of the claim and make payment within ten (10) days from the filing of the case the amount of insurance coverage is insufficient to satisfy the amount
notice of claim. adjudged or agreed upon, it is liable to pay the balance thereof;

"Any claim arising from accidental death, natural death or disablement under "(4) In case the insurance company fails to make payment within ten (10) days
this section shall be paid by the insurance company without any contest and from the filing of the claim, the recruitment/ manning agency shall pay the
without the necessity of providing fault or negligence of any kind on the part of amount adjudged or agreed upon within the remaining days of the thirty (30)-
the insured migrant worker: Provided, That the following documents, duly day period, as provided in the first subparagraph hereof;
authenticated by the Philippine foreign posts, shall be sufficient evidence to
substantiate the claim: "(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
"(1) Death Certificate - In case of natural or accidental death; shall be forthwith garnished to satisfy the migrant worker's claim;

"(2) Police or Accident Report - In case of accidental death; and "(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;
"(3) Medical Certificate - In case of permanent disablement;
"(7) Lawyers for the insurance companies, unless the latter is impleaded, shall
"For repatriation under subparagraph (d) hereof, a certification which states be prohibited to appear before the NLRC in money claims cases under this
section. efficacy in favor of the covered overseas Filipino workers and the compliance by
recruitment/manning agencies and insurance companies, without prejudice to
"Any question or dispute in the enforcement of any insurance policy issued an earlier review if necessary and warranted for the purpose of modifying,
under this section shall be brought before the IC for mediation or adjudication. amending and/or repealing these subject provisions.

"In case it is shown by substantial evidence before the POEA that the migrant Section 24. A new Section 37-B of Republic Act No. 8042, as amended, is hereby
worker who was deployed by a licensed recruitment/manning agency has paid added to read as follows:
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 "Sec. 37-B. Congressional Oversight Committee. - There is hereby created a Joint
additional fee from the migrant worker, the said licensed recruitment/manning Congressional Oversight Committee composed of five (5) Senators and five (5)
agency shall lose its license and all its directors, partners, proprietors, officers Representatives to be appointed by the Senate President and the Speaker of the
and employees shall be perpetually disqualified from engaging in the business House of Representatives, respectively. The Oversight Committee shall be co-
of recruitment of overseas workers. Such penalty is without prejudice to any chaired by the chairpersons of the Senate Committee on Labor and Employment
other liability which such persons may have incurred under existing laws, rules and the House of Representatives Committee on Overseas Workers Affairs. The
or regulations. Oversight Committee shall have the following duties and functions:

"For migrant workers recruited by the POEA on a government-to-government "(a) To set the guidelines and overall framework to monitor and ensure the
arrangement, the POEA shall establish a foreign employers guarantee fund proper implementation of Republic Act No. 8042, as amended, as well as all
which shall be answerable to the workers' monetary claims arising from breach programs, projects and activities related to overseas employment;
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 "(b) To ensure transparency and require the submission of reports from
requesting their foreign employers to pay for the cost of the insurance coverage concerned government agencies on the conduct of programs, projects and
or they may pay for the premium themselves. To protect the rights of these policies relating to the implementation of Republic Act No. 8042, as amended;
workers, the POEA shall provide them adequate legal assistance, including
conciliation and mediation services, whether at home or abroad. "(c) To approve the budget for the programs of the Oversight Committee and all
disbursements therefrom, including compensation of all personnel;
"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, "(d) To submit periodic reports to the President of the Philippines and Congress
based upon the report of the NLRC and the POEA on their respective on the implementation of the provisions of Republic Act No. 8042, as amended;
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 "(e) To determine weaknesses in the law and recommend the necessary
Department of Labor and Employment shall include such assessment in its year- remedial legislation or executive measures; and
end report to Congress.
"(f) To perform such other duties, functions and responsibilities as may be
"For purposes of this section, the Department of Labor and Employment, IC, necessary to attain its objectives.
NLRC and the POEA, in consultation with the recruitment/manning agencies
and legitimate non-government organizations advocating the rights and welfare "The Oversight Committee shall adopt its internal rules of procedure, conduct
of overseas Filipino workers, shall formulate the necessary implementing rules hearings and receive testimonies, reports, and technical advice, invite or
and regulations. 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
"The foregoing provisions on compulsory insurance coverage shall be subject to other materials as it may require consistent with the provisions of Republic Act
automatic review through the Congressional Oversight Committee immediately No. 8042, as amended.
after three (3) years from the effectivity of this Act in order to determine its
"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."

Section 25. Implementing Rules and Regulations. - The departments and

agencies charged with carrying out the provisions of this Act, except as
otherwise provided herein, in consultation with the Senate Committee on Labor
and Employment and the House of Representatives Committee on Overseas
Workers Affairs, shall, within sixty (60) days after the effectivity of this Act,
formulate the necessary rules and regulations for its effective implementation.

Section 26. Funding. - The departments, agencies, instrumentalities, bureaus,

offices and government-owned and controlled corporations charged with
carrying out the provisions of this Act shall include in their respective programs
the implementation of this Act, the funding of which shall be included in the
General Appropriations Act. The Congressional Oversight Committee on
Overseas Workers Affairs shall have the sum of Twenty-five million pesos
(P25,000,000.00), half of which shall be charged against the current
appropriations of the Senate while the other half shall be charged against the
current appropriations of the House of Representatives, to carry out its powers
and functions for its initial operations and for fiscal years wherein the General
Appropriations Act is reenacted and no provision for its continued operation is
included in such Act. Thereafter, such amount necessary for its continued
operations shall be included in the annual General Appropriations Act.

Section 27. Separability Clause. - If, for any reason, may portion of this Act is
declared unconstitutional or invalid, the same shall not affect the validity of the
other provisions not affected thereby.

Section 28. Repealing Clause. - All laws, decrees, executive orders, issuances,
rules and regulations or parts thereof inconsistent with the provisions of this
Act are hereby repealed or modified accordingly.

Section 29. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.