REPUBLIC ACT NO.

8042 (c) While recognizing the significant

contribution of Filipino migrant workers to the
Migrant Workers and Overseas national economy through their foreign
Filipinos Act of 1995 exchange remittances, the State does not
promote overseas employment as a means
An act to institute the policies of overseas to sustain economic growth and achieve
employment and establish a higher standard national development. The existence of the
of protection and promotion of the welfare overseas employment program rests solely
of migrant workers, their families and on the assurance that the dignity and
overseas Filipinos in distress, and for other fundamental human rights and freedoms of
purposes. the Filipino citizens shall not, at any time, be
compromised or violated. The State,
therefore, shall continuously create local
Be it enacted by the Senate and House of
employment opportunities and promote the
Representatives of the Philippines in Congress
equitable distribution of wealth and the
assembled:
benefits of development.

SEC. 1. SHORT TITLE.

(d) The State affirms the fundamental
equality before the law of women and men
This act shall be known and cited as the and the significant role of women in nation-
"Migrant Workers and Overseas Filipinos Act building. Recognizing the contribution of
of 1995." overseas migrant women workers and their
particular vulnerabilities, the State shall apply
SEC. 2. DECLARATION OF POLICIES-- gender sensitive criteria in the formulation
and implementation of policies and
(a) "(a) In the pursuit of an independent programs affecting migrant workers and the
composition of bodies tasked for the welfare
foreign policy and while considering
of migrant workers.
national sovereignty, territorial integrity,
national interest and the right to self-
determination paramount in its relations (e) Free access to the courts and quasi-
with other states, the State shall, at all judicial bodies and adequate legal
times, uphold the dignity of its citizens assistance shall not be denied to any
whether in country or overseas, in general, person by reason of poverty. In this regard,
and Filipino migrant workers, in particular, it is imperative that an effective
continuously monitor international mechanism be instituted to ensure that the
conventions, adopt/be signatory to and rights and interest of distressed overseas
ratify those that guarantee protection to Filipinos, in general, and Filipino migrant
our migrant workers, and endeavor to workers, in particular, whether
enter into bilateral agreements with regular/documented or
countries hosting overseas Filipino workers irregular/undocumented, are adequately
protected and safeguarded.
(b) The State shall afford full protection to
labor, local and overseas, organized and (f) The right of Filipino migrant workers and all
unorganized, and promote full employment overseas Filipinos to participate in the
and equality of employment opportunities democratic decision-making processes of
for all. Towards this end, the State shall the State and to be represented in institutions
provide adequate and timely social, relevant to overseas employment is
economic and legal services to Filipino recognized and guaranteed.
migrant workers.
(g) The State recognizes that the most
effective tool for empowerment is the

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possession of skills by migrant workers. The prevalent in society between women and
government shall provide them free and men and a commitment to address issues
accessible skills development and with concern for the respective interests of
enhancement programs. Pursuant to this the sexes.
and as soon as practicable, the
government shall deploy and/or allow the (c) "Overseas Filipinos" refers to dependents
deployment only of skilled Filipino workers of migrant workers and other Filipino
nationals abroad who are in distress as
(h) The State recognizes non- mentioned in Sections 24 and 26 of this Act.
governmental organizations, trade unions,
workers associations, stakeholders and I. DEPLOYMENT
their similar entities duly recognized as
legitimate, are partners of the State in the
protection of Filipino migrant workers and
in the promotion of their welfare. The State
shall cooperate with them in a spirit of trust SEC. 4. Deployment of Migrant Workers.
and mutual respect. The significant
contribution of recruitment and manning The State shall allow the deployment of
agencies shall from part this partnership. overseas Filipino workers only in countries
where the rights of Filipino migrant workers
(I) Government fees and other administrative are protected. The government recognizes
costs of recruitment, introduction, placement any of the following as a guarantee on the
and assistance to migrant workers shall be part of the receiving country for the
rendered free without prejudice to the protection of the rights of overseas Filipino
provision of Section 36 hereof. workers:

Nonetheless, the deployment of Filipino "(a) It has existing labor and social
overseas workers, whether land-based or laws protecting the rights of
sea-based by local service contractors and workers, including migrant workers;
manning agencies employing them shall be
encouraged. Appropriate incentives may be
"(b) It is a signatory to and/or a
extended to them.
ratifier of multilateral conventions,
declarations or resolutions relating
SEC. 3. DEFINITIONS. to the protection of workers,
including migrant workers; and
For purposes of this Act:
"(c) It has concluded a bilateral
(a) "Overseas Filipino worker" refers to a agreement or arrangement with
person who is to be engaged, is engaged the government on the protection
or has been engaged in a remunerated of the rights of overseas Filipino
activity in a state of which he or she is not Workers:
a citizen or on board a vessel navigating
the foreign seas other than a government Provided, That the receiving country is
ship used for miliatry or non-commercial taking positive, concrete measures to
purposes or on an installation located protect the rights of migrant workers in
offshore or on the high seas; to be used furtherance of any of the guarantees
interchangeably with migrant worker. under subparagraphs (a), (b) and (c)
hereof.
(b) "Gender-sensitivity" shall mean
cognizance of the inequalities and inequities

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"In the absence of a clear showing that prescribed by the POEA and in
any of the aforementioned guarantees accordance with internationally-
exists in the country of destination of the accepted standards."
migrant workers, no permit for deployment
shall be issued by the Philippine Overseas SEC. 5. Termination or Ban on Deployment.
Employment Administration (POEA).
Notwithstanding the provisions of Section 4
"The members of the POEA Governing hereof, in pursuit of the national interest or
Board who actually voted in favor of an when public welfare so requires, the POEA
order allowing the deployment of migrant Governing Board, after consultation with
workers without any of the aforementioned the Department of Foreign Affairs, may, at
guarantees shall suffer the penalties of any time, terminate or impose a ban on the
removal or dismissal from service with deployment of migrant workers.
disqualification to hold any appointive
public office for five (5) years, Further, the
government official or employee II. ILLEGAL RECRUITMENT
responsible for the issuance of the permit or
for allowing the deployment of migrant
workers in violation of this section and in
direct contravention of an order by the SEC. 6. Definition.
POEA Governing Board prohibiting
deployment shall be meted the same For purposes of this Act, illegal recruitment
penalties in this section. shall mean any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring, or
"For this purpose, the Department of procuring workers and includes referring,
Foreign Affairs, through its foreign posts, contract services, promising or advertising
shall issue a certification to the POEA, for employment abroad, whether for profit
specifying therein the pertinent provisions or not, when undertaken by non-licensee
of the receiving country's labor/social law, or non-holder of authority contemplated
or the convention/declaration/resolution, under Article 13(f) of Presidential Decree
or the bilateral agreement/arrangement No. 442, as amended, otherwise known as
which protect the rights of migrant workers. the Labor Code of the Philippines:
Provided, That any such non-licensee or
"The State shall also allow the deployment non-holder who, in any manner, offers or
of overseas Filipino workers to vessels promises for a fee employment abroad to
navigating the foreign seas or to two or more persons shall be deemed so
installations located offshore or on high engaged. It shall likewise include the
seas whose owners/employers are following acts, whether committed by any
compliant with international laws and person, whether a non-licensee, non-
standards that protect the rights of migrant holder, licensee or holder of authority:
workers.
"(a) To charge or accept directly or
"The State shall likewise allow the indirectly any amount greater than
deployment of overseas Filipino workers to that specified in the schedule of
companies and contractors with allowable fees prescribed by the
international operations: Provided, That Secretary of Labor and
they are compliant with standards, Employment, or to make a worker
conditions and requirements, as pay or acknowledge any amount
embodied in the employment contracts

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greater than that actually received vacancies, remittance of foreign
by him as a loan or advance; exchange earnings, separation
from jobs, departures and such
"(b) To furnish or publish any false other matters or information as may
notice or information or document be required by the Secretary of
in relation to recruitment or Labor and Employment;
employment;
"(i) To substitute or alter to the
"(c) To give any false notice, prejudice of the worker,
testimony, information or document employment contracts approved
or commit any act of and verified by the Department of
misrepresentation for the purpose Labor and Employment from the
of securing a license or authority time of actual signing thereof by
under the Labor Code, or for the the parties up to and including the
purpose of documenting hired period of the expiration of the same
workers with the POEA, which without the approval of the
include the act of reprocessing Department of Labor and
workers through a job order that Employment;
pertains to nonexistent work, work
different from the actual overseas "(j) For an officer or agent of a
work, or work with a different recruitment or placement agency
employer whether registered or not to become an officer or member of
with the POEA; the Board of any corporation
engaged in travel agency or to be
"(d) To include or attempt to induce engaged directly or indirectly in the
a worker already employed to quit management of travel agency;
his employment in order to offer him
another unless the transfer is "(k) To withhold or deny travel
designed to liberate a worker from documents from applicant workers
oppressive terms and conditions of before departure for monetary or
employment; financial considerations, or for any
other reasons, other than those
"(e) To influence or attempt to authorized under the Labor Code
influence any person or entity not to and its implementing rules and
employ any worker who has not regulations;
applied for employment through his
agency or who has formed, joined "(l) Failure to actually deploy a
or supported, or has contacted or is contracted worker without valid
supported by any union or workers' reason as determined by the
organization; Department of Labor and
Employment;
"(f) To engage in the recruitment or
placement of workers in jobs "(m) Failure to reimburse expenses
harmful to public health or morality incurred by the worker in
or to the dignity of the Republic of connection with his documentation
the Philippines; and processing for purposes of
deployment, in cases where the
"(h) To fail to submit reports on the deployment does not actually take
status of employment, placement place without the worker's fault.

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 Illegal recruitment when committed "(4) Impose a compulsory and
by a syndicate or in large scale shall exclusive arrangement whereby an
be considered an offense involving overseas Filipino worker is required
economic sabotage; and to undergo health examinations
only from specifically designated
"(n) To allow a non-Filipino citizen to medical clinics, institutions, entities
head or manage a licensed or persons, except in the case of a
recruitment/manning agency. seafarer whose medical
examination cost is shouldered by
"Illegal recruitment is deemed committed the principal/shipowner;
by a syndicate if carried out by a group of
three (3) or more persons conspiring or "(5) Impose a compulsory and
confederating with one another. It is exclusive arrangement whereby an
deemed committed in large scale if overseas Filipino worker is required
committed against three (3) or more to undergo training, seminar,
persons individually or as a group. instruction or schooling of any kind
only from specifically designated
"In addition to the acts enumerated institutions, entities or persons,
above, it shall also be unlawful for any except fpr recommendatory
person or entity to commit the following trainings mandated by
prohibited acts: principals/shipowners where the
latter shoulder the cost of such
"(1) Grant a loan to an overseas trainings;
Filipino worker with interest
exceeding eight percent (8%) per "(6) For a suspended
annum, which will be used for recruitment/manning agency to
payment of legal and allowable engage in any kind of recruitment
placement fees and make the activity including the processing of
migrant worker issue, either pending workers' applications; and
personally or through a guarantor
or accommodation party, "(7) For a recruitment/manning
postdated checks in relation to the agency or a foreign
said loan; principal/employer to pass on the
overseas Filipino worker or deduct
"(2) Impose a compulsory and from his or her salary the payment
exclusive arrangement whereby an of the cost of insurance fees,
overseas Filipino worker is required premium or other insurance related
to avail of a loan only from charges, as provided under the
specifically designated institutions, compulsory worker's insurance
entities or persons; coverage.

"(3) Refuse to condone or "The persons criminally liable for the above
renegotiate a loan incurred by an offenses are the principals, accomplices
overseas Filipino worker after the and accessories. In case of juridical
latter's employment contract has persons, the officers having ownership,
been prematurely terminated control, management or direction of their
through no fault of his or her own; business who are responsible for the
commission of the offense and the

5
responsible employees/agents thereof million pesos (P2,000,000.00) nor
shall be liable. more than Five million pesos
(P5,000,000.00) shall be imposed if
"In the filing of cases for illegal recruitment illegal recruitment constitutes
or any of the prohibited acts under this economic sabotage as defined
section, the Secretary of Labor and therein.
Employment, the POEA Administrator or
their duly authorized representatives, or "Provided, however, That the
any aggrieved person may initiate the maximum penalty shall be imposed
corresponding criminal action with the if the person illegally recruited is less
appropriate office. For this purpose, the than eighteen (18) years of age or
affidavits and testimonies of operatives or committed by a non-licensee or
personnel from the Department of Labor non-holder of authority.
and Employment, POEA and other law
enforcement agencies who witnessed the "(c) Any person found guilty of any
acts constituting the offense shall be of the prohibited acts shall suffer the
sufficient to prosecute the accused. penalty of imprisonment of not less
than six (6) years and one (1) day
"In the prosecution of offenses punishable but not more than twelve (12) years
under this section, the public prosecutors and a fine of not less than Five
of the Department of Justice shall hundred thousand pesos
collaborate with the anti-illegal (P500,000.00) nor more than One
recruitment branch of the POEA and, in million pesos (P1,000,000.00).
certain cases, allow the POEA lawyers to
take the lead in the prosecution. The POEA "If the offender is an alien, he or she shall, in
lawyers who act as prosecutors in such addition to the penalties herein prescribed,
cases shall be entitled to receive be deported without further proceedings.
additional allowances as may be
determined by the POEA Administrator. "In every case, conviction shall cause and
carry the automatic revocation of the
"The filing of an offense punishable under license or registration of the
this Act shall be without prejudice to the recruitment/manning agency, lending
filing of cases punishable under other institutions, training school or medical
existing laws, rules or regulations. clinic.

Section 7. Penalties SEC. 8. PROHIBITION ON OFFICIALS AND

EMPLOYEES.
"(a) Any person found guilty of
illegal recruitment shall suffer the Ot shall be unlawful for any official or
penalty of imprisonment of not less employee of the Department of Labor and
than twelve (12) years and one (1) Employment, the Philippine Overseas
day but not more than twenty (20) Employment Administration, or the Overseas
years and a fine of not less than Workers Welfare Administration, or the
One million pesos (P1,000,000.00) Department of Foreign Affairs, or other
nor more than Two million pesos government agencies involved in the
(P2,000,000.00). implementation of this Act, or their relatives
within the fourth civil degree of consanguinity
or affinity, to engage, directly or indirectly, in
"(b) The penalty of life imprisonment the business of recruiting migrant workers as
and a fine of not less than Two

6
defined in this Act. The penalties shall be recruitment/placement agency is a
imposed upon them. juridical being, the corporate officers and
directors and partners as the case may be,
SEC. 9. VENUE. shall themselves be jointly and solidarily
liable with the corporation or partnership
A criminal action arising from illegal for the aforesaid claims and damages.
recruitment as defined herein shall be filed
with the Regional Trial Court of the province "Such liabilities shall continue during the
or city where the offense was committed or entire period or duration of the
where the offended party actually resides at employment contract and shall not be
the same time of the commission of the affected by any substitution, amendment
offense: Provided, That the court where the or modification made locally or in a foreign
criminal action is first filed shall acquire country of the said contract.
jurisdiction to the exclusion of other courts.
Provided, however, That the aforestated "Any compromise/amicable settlement or
provisions shall also apply to those criminal
voluntary agreement on money claims
actions that have already been filed in court
inclusive of damages under this section
at the time of the effectivity of this Act.
shall be paid within thirty (30) days from
approval of the settlement by the
SEC. 10. Money Claims appropriate authority.

Notwithstanding any provision of law to the "In case of termination of overseas

contrary, the Labor Arbiters of the National employment without just, valid or
Labor Relations Commission (NLRC) shall authorized cause as defined by law or
have the original and exclusive jurisdiction contract, or any unauthorized deductions
to hear and decide, within ninety (90) from the migrant worker's salary, the worker
calendar days after the filing of the shall be entitled to the full reimbursement if
complaint, the claims arising out of an his placement fee and the deductions
employer-employee relationship or by made with interest at twelve percent (12%)
virtue of any law or contract involving per annum, plus his salaries for the
Filipino workers for overseas deployment unexpired portion of his employment
including claims for actual, moral, contract or for three (3) months for every
exemplary and other forms of damage. year of the unexpired term, whichever is
Consistent with this mandate, the NLRC less.
shall endeavor to update and keep
abreast with the developments in the "In case of a final and executory
global services industry. judgement against a foreign
employer/principal, it shall be
"The liability of the principal/employer and automatically disqualified, without further
the recruitment/placement agency for proceedings, from participating in the
any and all claims under this section shall Philippine Overseas Employment Program
be joint and several. This provision shall be and from recruiting and hiring Filipino
incorporated in the contract for overseas workers until and unless it fully satisfies the
employment and shall be a condition judgement award.
precedent for its approval. The
performance bond to de filed by the "Noncompliance with the mandatory
recruitment/placement agency, as periods for resolutions of case provided
provided by law, shall be answerable for all under this section shall subject the
money claims or damages that may be
awarded to the workers. If the

7
responsible officials to any or all of the economic sabotage as defined herein shall
following penalties: prescribe in twenty (20) years.

"(a) The salary of any such official SEC. 13. Free Legal Assistance; Preferential
who fails to render his decision or Entitlement Under the Witness Protection
resolution within the prescribed Program.
period shall be, or caused to be,
withheld until the said official A mechanism for free legal assistance for
complies therewith; victims of illegal recruitment shall be
established in the anti-illegal recruitment
"(b) Suspension for not more than branch of the POEA including its regional
ninety (90) days; or offices. Such mechanism shall include
coordination and cooperation with the
"(c) Dismissal from the service with Department of Justice, the Integrated Bar
disqualification to hold any of the Philippines, and other non-
appointive public office for five (5) governmental organizations and volunteer
years. groups.

"Provided, however, That the penalties

III. SERVICES
herein provided shall be without prejudice
to any liability which any such official may
have incured under other existing laws or
rules and regulations as a consequence of
violating the provisions of this paragraph." SEC. 14. TRAVEL ADVISORY/INFORMATION
DISSEMINATION.
SEC. 11. MANADATORY PERIODS FOR
RESOLUTION OF ILLEGAL RECRUITMENT To give utmost priority to the establishment of
CASES. programs and services to prevent illegal
recruitment, fraud, and exploitation or abuse
of Filipino migrant workers, all embassies and
The preliminary investigations of cases under
consular offices, through the Philippine
this Act shall be terminated within a period of
Overseas Employment Administration
thirty (30) calendar days from the date of
(POEA), shall issue travel advisories or
their filing. Where the preliminary
disseminate information on labor and
investigation is conducted by a prosecution
employment conditions, migration realities
officer and a prima facie case is established,
and other facts; and adherence of particular
the corresponding information shall be filed
countries to international standards on
in court within twenty-four (24) hours from the
human and workers' rights which will
termination of the investigation. If the
adequately prepare individuals into making
preliminary investigation is conducted by a
informed and intelligent decisions about
judge and a prima facie case is found to
overseas employment. Such advisory or
exist, prosecution officer within forty-eight
information shall be published in a
(48) hours from the date of receipt of the
newspaper of general circulation at least
records of the case.
three (3) times in every quarter.

SEC. 12. PRESCRIPTIVE PERIODS.

SEC. 15. REPATRIATION OF WORKERS;
EMERGENCY REPATRIATION FUND.
Illegal recruitment cases under this Act shall
prescribe in five (5) years: Provided, however,
The repatriation of the worker and the
That illegal recruitment cases involving
transport of his personal belongings shall be

8
the primary responsibility of the agency recruited or deployed an underage
which recruited or deployed the worker migrant worker shall be automatically
overseas. All costs attendant to repatriation revoked and shall be imposed a fine of not
shall be borne by or charged to the agency less than Five hundred thousand pesos
concerned and/or its principal. Likewise, the (Php 500,000.00) but not more than One
repatriation of remains and transport of the million pesos (Php 1,000,000.00). All fees
personal belongings of a deceased worker pertinent to the processing of papers or
and all costs attendant thereto shall be documents in the recruitment or
borne by the principal and/or local agency.
deployment shall be refunded in full by the
However, in cases where the termination of
responsible recruitment/manning agency,
employment is due solely to the fault of the
without need of notice, to the underage
worker, the principal/employer or agency
shall not in any manner be responsible for the
migrant worker or to his parents or
repatriation of the former and/or his guardian. The refund shall be independent
belongings. of and in addition to the indemnification
for the damages sustained by the
The Overseas Workers Welfare underage migrant worker. The refund shall
Administration (OWWA), in coordination ith be paid within thirty (30) days from the
appropriate international agencies, shall date of the mandatory repatriation as
undertake the repatriation of workers in provided for in this Act
cases of war, epidemic, disasters or
calamities, natural or man-made, and other SEC. 17. Establishment of National
similar events without prejudice to Reintegration Center for Overseas Filipino
reimbursement by the responsible principal Workers.
or agency. However, in cases where the
principal or recruitment agency cannot be
A national reintegration center for
identified, all costs attendant to repatriation
shall be borne by the OWWA.
overseas Filipino workers (NRCO) is hereby
created in the Department of Labor and
Employment for returning Filipino migrant
For this purposes, there is hereby
created and established an emergency
workers which shall provide a mechanism
repatriation fund under the administration for their reintegration into the Philippine
control and supervision of the OWWA, initially society, serve as a promotion house for
to consist of one hundred million pesos their local employment, and tap their skills
(P100,000,000.00), inclusive of outstanding and potentials for national development.
balances.
"The Department of Labor and
SEC.16. Mandatory Repatriation of Employment, the Overseas Workers
Underage Migrant Workers Welfare Administration (OWWA), and the
Philippine Overseas Employment
Administration (POEA) shall, within ninety
Upon discovery or being informed of the
(90) days from the effectivity of this Act,
presence of migrant workers whose ages
formulate a program that would motivate
fall below the minimum age requirement
migrant workers to plan for productive
for overseas deployment, the responsible
options such as entry into highly technical
officers in the foreign service shall without
jobs or undertakings, livelihood and
delay repatriate said workers and advise
entrepreneurial development, better
the Department of Foreign Affairs through
wage employment, and investment of
the fastest means of communication
savings.
available of such discovery and other
relevant information. The license of a
recruitment/manning agency which

9
"For this purpose, the Technical Education the welfare of returning Filipino
and Skills Development Authority (TESDA), migrant workers;
the Technology Livelihood Resource
Center (TLRC), and other government "(f) Maintain an internet-based
agencies involved in training and communication system for on-line
livelihood development shall give priority registration and interaction with
to returnees who had been employed as clients, and maintain and upgrade
domestic helpers and entertainers. computer-based service
capabilities of the NRCO;
SEC.18. Functions of the National
Reintegration Center for Overseas Filipino "(g) Develop capacity-building
Workers. programs for returning overseas
Filipino workers and their families,
The Center shall provide the following implementers, service providers,
services: and stakeholders; and

"(a) Develop and support programs "(h) Conduct research for policy
and projects for livelihood, recommendations and program
entrepreneurship, savings, development.
investments and financial literacy
for returning Filipino migrant workers SEC. 19. ESTABLISHMENT OF A MIGRANT
and their families in coordination WORKERS AND OTHER OVERSEAS FILIPINOS
with relevant stakeholders, service RESOURCE CENTER.
providers and international
organizations; Within the premises and under the
administrative jurisdiction of the Philippine
"(b) Coordinate with appropriate Embassy in countries where there are large
stakeholders, service providers and concentrations of Filipino migrant workers,
relevant international organizations there shall be establish a Migrant Workers
for the promotion, development and Other Overseas Filipinos Resource
and the full utilization of overseas Center with the following services:
Filipino worker returnees and their
potentials; (a) Counseling and legal services;

"(c) Institute, in cooperation with (b) Welfare assistance including the

procurement of medical and hospitalization
other government agencies
services;
concerned, a computer-based
information system on returning
(c) Information, advisory and
Filipino migrant workers shall be
programs to promote social integration such
accessible to all local recruitment
as post-arrival orientation, settlement and
agencies and employers, both
community networking services for social
public and private; integration;

"(d) Proved a periodic study and (d) Institute a scheme of

assessment of job opportunities for registration of undocumented workers to
returning Filipino migrant workers; bring them within the purview of this Act. For
this purpose, the Center is enjoined to
"(e) Develop and implement other compel existing undocumented workers to
appropriate programs to promote register with it within six (6) months from the

10
effectivity of this Act, under pain of having assistance center at the Department of
his/her passport cancelled; Foreign Affairs to ensure a continuous
network and coordinative mechanism at the
(e) Human resource development, home office.
such as training and skills upgrading;
SEC.20. Establishment of a Shared
(f) Gender sensitive programs and Government Information System for
activities to assist particular needs of women Migration.
migrant workers;
An interagency committee composed of
(g) Orientation program for the Department of Foreign Affairs and its
returning workers and other migrants; and attached agency, the Commission on
Filipinos Overseas, the Department of
(h) Monitoring of daily situations, Labor and Employment and its attached
circumstances and activities affecting concerned agencies, the Department of
migrant workers and other overseas Filipinos.
Tourism, the Department of Justice the
Bureau of Immigration, the National
The establishment and operations of the Bureau of Investigation, the Department of
Center shall be a joint undertaking of the the Interior and Local Government, the
various government agencies. The Center National Telecommunications
shall be open for twenty-four (24) hours Commission, the Commission on
daily including Saturdays, Sundays and Information and Communications
holidays, and shall be staffed by Foreign Technology, the National Computer
Service personnel, service attaches or Center, the National Statistical and
officers who represent other Philippine Coordination Board, the National Statistics
government agencies abroad and, if Office and other government agencies
available, individual volunteers and bona concerned with overseas employment
fide non-government organizations from shall be established to implement a shared
the host countries. In countries categorized government information system for
as highly problematic by the Department migration. The interagency committee
of Foreign Affairs and the Department of shall initially make available to itself the
Labor and Employment and where there is information contained in existing data
a concentration of Filipino migrant workers, bases/files. The second phase shall involve
the government must provide a Sharia or linkaging of computer facilities on order to
human rights lawyer, a psychologist and a allow free-flow data exchanges and
social worker for the Center. In addition to sharing among concerned agencies.
these personnel, the government must also
hire within the receiving country, in such
"The inter-agency committee shall be co-
number as may be needed by the post,
chaired by the Department of Foreign
public relation officers or case officers who
Affairs and the Department of Labor and
are conversant, orally and in writing, with
Employment. The National Computer
the local language, laws, customs and
Center shall provide the necessary
practices. The Labor Attache shall
technical assistance and shall set the
coordinate the operation of the Center
appropriate information and
and shall keep the Chief of Mission
communications technology standards to
informed and updated on all matters
facilitate the sharing of information among
affecting it
the member agencies.
The Center shall have a
counterpart 24-hour information and

11
"The inter-agency committee shall meet "(g) List of Labor and other human
regularly to ensure the immediate and full rights instruments where receiving
implementation of this section and shall countries are signatories;
explore the possibility setting up a central
storage facility for the data on migration. "(h) A tracking system of past and
The progress of the implementation of this present gender disaggregated
section shall be include in the report to cases involving male and female
Congress of the Department of Foreign migrant workers, including minors;
Affairs and the Department of Labor and and
Employment under Section 33.
"(i) Listing of overseas posts which
"The inter-agency committee shall may render assistance to overseas
convene to identify existing data bases Filipinos, in general, and migrant
which shall be declassified and shared workers, in particular.
among member agencies. These shared
data bases shall initially include, but not be SEC. 21. MIGRANT WORKERS LOAN
limited to, the following information: GUARANTEE FUND.

"(a) Masterlists of Filipino migrant In order to further prevent unscrupulous

workers/overseas Filipino classified illegal recruiters from taking advantage of
according to occupation/job workers seeking employment abroad, the
category, civil status, by OWWA, in coordination with government
country/state of destination financial institutions, shall institute financing
including visa classification; schemes that will expand the grant of pre-
departure loan and family assistance loan.
"(b) Inventory of pending legal For this purpose, a Migrant Workers Loan
cases involving Filipino migrant Guarantee Fund is hereby created and the
workers and other Filipino nationals, revolving amount of one hundred million
including those serving prison terms; pesos (P100,000,000.00) from the OWWA is set
aside as a guarantee fund in favor of
participating government financial
"(c) Masterlists of departing/arriving
institutions.
Filipinos;

SEC. 22. RIGHTS AND ENFORCEMENT

"(d) Statistical profile on Filipino
MECHANISM UNDER INTERNATIONAL AND
migrant workers/overseas
REGIONAL HUMAN RIGHTS SYSTEMS.
Filipinos/tourists;
The Department of Foreign Affairs is
"(e) Blacklisted
mandated to undertake the necessary
foreigners/undesirable aliens;
initiative such as promotions, acceptance or
adherence of countries receiving Filipino
"(f) Basic data on legal systems, workers to multilateral convention,
immigration policies, marriage laws declaration or resolutions pertaining to the
and civil and criminal codes in protection of migrant workers' rights. The
receiving countries particularly Department of Foreign Affairs is also
those with large numbers of mandated to make an assessment of rights
Filipinos; and avenues of redress under international
and regional human rights systems that are
available to Filipino migrant workers who are
victims of abuse and violation and, as far as

12
practicable and through the Legal Assistant registration system. It shall also formulate
for Migrant Workers Affairs created under this and implement, in coordination with
Act, pursue the same on behalf of the victim appropriate entities concerned, when
if it is legally impossible to file individual necessary, a system for promoting and
complaints. If a complaints machinery is monitoring the overseas employment of
available under international or regional Filipino workers taking into consideration
systems, the Department of Foreign Affairs their welfare and the domestic manpower
shall fully apprise the Filipino migrant workers requirements. It shall be responsible for the
of the existence and effectiveness of such
regulation and management of overseas
legal options.
employment from the pre-employment
stage, securing the best possible
IV. GOVERNMENT AGENCIES employment terms and conditions for
overseas Filipino workers, and taking into
consideration the needs of vulnerable
sectors and the peculiarities of sea-based
SEC. 23. ROLE OF GOVERNMENT AGENCIES and land-based workers. In appropriate
cases, the Administration shall allow the
lifting of suspension of erring
The following government agencies shall
perform the following to promote the welfare
recruitment/manning agencies upon the
and protect the rights of migrant workers payment of fine of Fifty thousand pesos
and, as far as applicable, all overseas (P50,000.00) for every month of suspension.
Filipinos:
"in addition to its powers and functions, the
(a) Department of Foreign Affairs. - Administration shall inform migrant workers
The Department, through its home office or not only of their rights as workers but also of
foreign posts, shall take priority action its their rights as human beings, instruct and
home office or foreign posts, shall take guide the workers how to assert their rights
priority action or make representation with and provide the available mechanism to
the foreign authority concerned to protect redress violation of their rights. It shall also
the rights of migrant workers and other be responsible for the implementation, in
overseas Filipinos and extend immediate partnership with other law-enforcement
assistance including the repatriation of agencies, of an intensified program
distressed or beleaguered migrant workers against illegal recruitment activities. For this
and other overseas Filipinos; purpose, the POEA shall provide
comprehensive Pre-Employment
(b) Department of Labor and Orientation Seminars (PEOS) that will
Employment - The Department of Labor and discuss topics such as prevention of illegal
Employment shall see to it that labor and recruitment and gender-sensitivity.
social welfare laws in the foreign countries
are fairly applied to migrant workers and
"The Administration shall not engage in the
whenever applicable, to other overseas
Filipinos including the grant of legal
recruitment and placement of overseas
assistance and the referral to proper medical workers except on a government-to-
centers or hospitals: government arrangement only.

(b.1) Philippine Overseas Employment "In the recruitment and placement of

Administration. - The Administration shall workers to service the requirements for
regulate private sector participation in the trained and competent Filipino workers of
recruitment and overseas placement of foreign governments and their
workers by setting up a licensing and instrumentalitys, and such other employers
as public interests may require, the

13
Administration shall deploy only to " (c.1) The fees for the health
countries where the Philippine has examinations are regulated,
conclude bilateral labor agreements or regularly monitored and duly
arrangements: Provided, That such published to ensure that the said
countries shall guarantee to protect the fees are reasonable and not
rights of Filipino migrant workers; exorbitant;
and Provided, further, That such countries
shall observe and/or comply with the " (c.2) The Filipino migrant worker
international laws and standards for shall only be required to undergo
migrant workers health examinations when there is
reasonable certainty that he or she
(b.2) Overseas Workers Welfare will be hired and deployed to the
Administration. - The Welfare officer of in his jobsite and only those health
absence, the coordinating officer shall examinations which are absolutely
provide the Filipino migrant worker and his necessary for the type of job
family all the assistance they may need in applied for or those specifically
the enforcement of contractual required by the foreign employer
obligations by agencies or entities and/or shall be conducted;
by their principals. In the performance of
this function, he shall make representation " (c.3) No group or groups of
and may call on the agencies or entities medical clinics shall have a
concerned to conferences or conciliation monopoly of exclusively
meetings for the purpose of settling the conducting health examinations on
compliance or problems brought to his migrant workers for certain
attention. The OWWA shall likewise receiving countries;
formulate and implement welfare
programs for overseas Filipino workers and " (c.4) Every Filipino migrant worker
their families while they are abroad and shall have the freedom to choose
upon their return. It shall ensure the any of the DOH-accredited or DOH-
awareness by the overseas Filipino workers operated clinics that will conduct
and their families of these programs and his/her health examinations and
other related governmental programs. that his or her rights as a patient are
respected. The decking practice,
"In the repatriation of workers to be which requires an overseas Filipino
undertaken by OWWA, the latter shall be worker to go first to an office for
authorized to pay repatriation-related registration and then farmed out to
expenses, such as fines or penalties, a medical clinic located elsewhere,
subject to such guidelines as the OWWA shall not be allowed;
Board of Trustees may prescribe
" (c.5) Within a period of three (3)
(c) Department of Health. - The years from the effectivity of this Act,
Department of Health (DOH) shall regulate all DOH regional and/or provincial
the activities and operations of all clinics hospitals shall establish and operate
which conduct medical, physical, optical, clinics that can be serve the health
dental, psychological and other similar examination requirements of
examinations, hereinafter referred to as Filipino migrant workers to provide
health examinations, on Filipino migrant them easy access to such clinics all
workers as requirement for their overseas over the country and lessen their
employment. Pursuant to this, the DOH
shall ensure that:

14
 transportation and lodging rights and welfare of overseas Filipino
expenses and workers, shall take a proactive stance by
being primarily responsible for the
" (c.6) All DOH-accredited medical dissemination of information to their
clinics, including the DOH-operated constituents on all aspects of overseas
clinics, conducting health employment. To carry out this task, the
examinations for Filipino migrant following shall be undertaken by the LGUs:
workers shall observe the same
standard operating procedures "(d.1) Provide a venue for the POEA,
and shall comply with other concerned government
internationally-accepted standards agencies and non-government
in their operations to conform with organizations to conduct PEOS to
the requirements of receiving their constituents on a regular basis;
countries or of foreign
employers/principals. "(d.2) Establish overseas Filipino
worker help desk or kiosk in their
"Any Foreign employer who does not honor localities with the objective of
the results of valid health examinations providing current information to
conducted by a DOH-accredited or DOH- their constituents on all the
operated clinic shall be temporarily processes aspects of overseas
disqualified from the participating in the employment. Such desk or kiosk
overseas employment program, pursuant shall, as be linked to the database
to POEA rules and regulations. of all concerned government
agencies, particularly the POEA for
"In case an overseas Filipino worker is found its updated lists of overseas job
to be not medically fit upon his/her orders and licensed recruitment
immediate arrival in the country of agencies in good standing.
destination, the medical clinic that
conducted the health examination/s of
such overseas Filipino worker shall pay for
his or her repatriation back to the V. THE LEGAL ASSISTANT FOR
Philippines and the cost of deployment of
MIGRANT WORKERS AFFAIRS
such worker.

"Any government official or employee who

violates any provision of this subsection
shall be removed or dismissed from service SEC. 24. LEGAL ASSISTANT FOR MIGRANT
with disqualification to hold any appointive WORKERS AFFAIRS.
public office for five(5) years. Such penalty
is without prejudice to any other liability There is hereby created the position of Legal
which he or she may have incurred under Assistant for Migrant Workers Affairs under the
existing laws, rules or regulations. Department of Foreign Affairs who shall be
primarily responsible for the provision and
overall coordination of all legal assistance
"(d) Local Government Units. - In the fight
services to be provided to Filipino migrant
against illegal recruitment, the local
workers as well as overseas Filipinos in distress.
government units (LGUs), in partnership
He shall have the rank, salary and privileges
with the POEA, other concerned equal to that of an undersecretary of said
government agencies , and non- Department.
government organizations advocating the

15
 The said Legal Assistant for Migrant SEC. 25. Legal Assistance Fund.
Workers Affairs shall be appointed by the
President and must be of proven
There is hereby established a legal
competence in the field of law with at least
assistance fund for migrant workers,
ten (10) years of experience as a legal
practitioner and must not have been a
hereinafter referred to as the Legal
candidate to an elective office in the last Assistance Fund, in the amount of one
local or national elections. hundred million pesos (P100,000,000.00) to
be constituted from the following sources.
Among the functions and
responsibilities of the aforesaid Legal "Fifty million pesos (50,000,000.00) from the
Assistant are: Contingency Fund of the President;

(a) To issue the guidelines, "Thirty million pesos (30,000,000.00) from the
procedures and criteria for the provisions of Contingency Fund of the President Social
legal assistance services to Filipino migrant Fund;
workers;
"Twenty million pesos (20,000,000.00) from
(b) To establish close linkages with the Welfare Fund for Overseas Workers
the Department of Labor and Employment, established under Letter of Instructions No.
the POEA, the OWWA and other government 537 as amended by Presidential Decree
agencies concerned, as well as with non- Nos. 1694 and 1809; and
governmental organizations assisting migrant
workers, to ensure effective coordination
"An amount appropriated in the annual
and cooperation in the provision of legal
General Appropriations Act (GAA) which
assistance to migrant workers;
shall not be less than Thirty million pesos
(30,000,000.00) per year: Provided, that the
( c ) To tap the assistance of reputable law
balance of the Legal Assistance Fund (LAF)
firms, the Integrated Bar of the Philippines,
including the amount appropriated for the
other bar associations and other
year shall not be less than One hundred
government legal experts on overseas
million pesos (P100,000,000.00) : Provided,
Filipino worker laws to complement the
further, That the fund shall be treated as a
government's efforts to provide legal
special fund in the National Treasury and its
assistance to our migrant workers;
balance, including the amount
appropriated in the GAA, which shall form
(d) To administer the legal part of the Fund, shall not revert to the
assistance fund for migrant workers
General Fund.
established under Section 25 hereof and to
authorize disbursements there from in
accordance with the purposes for which the " Any balances of existing funds which
fund was set up; and have been set aside by the government
specifically as legal assistance or defense
(e) To keep and maintain the fund to help migrant workers shall upon
information system as provided in Section 20. effectivity of this Act, be turned over to,
and form part of, the Fund created under
The legal Assistant for Migrant this Act.
Workers Affairs shall have authority to hire
private lawyers, domestic or foreign, in order SEC. 26. Uses of the Legal Assistance Fund.
to assist him in the effective discharge of the
above functions. The Legal Assistance Fund created under
the preceding section shall be used

16
exclusively6 to provide legal services to SEC. 28. COUNTRY-TEAM APPROACH
migrant workers and overseas Filipinos in
distress in accordance with the guidelines, Under the country-team approach, all
criteria and procedures promulgated in officers, representatives and personnel of the
accordance with Section 24 ( a ) herof. The Philippine government posted abroad
expenditures to be charged against the regardless of their mother agencies shall, on
Fund shall include the fees for the foreign a per country basis, act as one country-team
lawyers to be hired by the Legal Assistant with a mission under the leadership of the
for Migrant Workers Affairs to represent ambassador. In this regard, the ambassador
migrant workers facing charges or in filing may recommend to the Secretary of the
cases against erring or abusive employers Department of Foreign Affairs the recall of
abroad, bail bonds to secure the officers, representatives and personnel of the
temporary releases and other litigation Philippine government posted abroad for
expenses: Provided, That at the end of acts inimical to the national interest such as,
every year, the Department of Foreign but not limited to, failure to provide the
Affairs shall include in its report to Congress, necessary services to protect the rights of
overseas Filipinos.
as provided for under Section 33 of this Act,
the status of the Legal Assistance Fund,
Upon receipt of the
including the expenditures from the said
recommendation of the ambassador, the
fund duly audited by the Commission on
Secretary of the Department of Foreign
Audit (COA): Provided, further, That the
Affairs shall, in the case of officers,
hiring of foreign legal counsels, when
representatives and personnel of other
circumstances warrant urgent action, shall departments, endorse such
be exempt from the coverage of Republic recommendation to the department
Act No. 9184 or the Government secretary concerned for appropriate action.
Procurement Act. Pending investigation by an appropriate
body in the Philippines, the person
VI. COUNTRY - TEAM APPROACH recommended for recall may be placed
under preventive suspension by the
ambassador.

In host countries where there are

SEC. 27. PRIORITY CONCERNS OF PHILIPPINE Philippine consulates, such consulates shall
FOREIGN SERVICE POSTS also constitute part of the country-team
under the leadership of the ambassador.
The country team approach, as enunciated
under Executive Order No. 74, series of 1993, In the implementation of the
shall be the mode under which Philippine country-team approach, visiting Philippine
embassies or their personnel will operate in delegations shall be provided full support
the protection of the Filipino migrant workers and information.
as well as in the promotion of their welfare.
The protection of the Filipino migrant workers
and the promotion of their welfare, in
VII. DEREGULATION AND PHASE-OUT
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 SEC. 29. COMPREHENSIVE DEREGULATION
Foreign Affairs and the Philippine Foreign PLAN ON RECRUITMENT ACTIVITIES.
Service Posts.

17
Pursuant to a progressive policy of Notwithstanding any provision of law to the
deregulation whereby the migration of contrary, the respective Boards of the
workers becomes strictly a matter between POEA and the OWWA shall, in addition to
the worker and his foreign employer, the their present composition, have three (3)
DOLE within one (1) year from the effectivity members each who shall come from the
of this Act, is hereby mandated to formulate women, sea-based and land-based
a five-year comprehensive deregulation sectors respectively, to be selected and
plan on recruitment activities taking into nominated openly by the general
account labor market trends, economic
membership of the sector being
conditions of the country and emergency
represented.
circumstances which may affect the welfare
of migrant workers.
" The selection and nomination of the
additional members from the women, sea-
SEC. 30. GRADUAL PHASE-OUT OF
based and land-based sectors shall be
REGULATORY FUNCTIONS.
governed by the following guidelines:
Within a period of five (5) years from the
"(a) The POEA and the OWWA shall
effectivity of this Act, the DOLE shall phase
launch a massive information
out the regulatory functions of the POEA
pursuant to the objectives of deregulation. campaign on the selection of
nominees and provide for a system
of consultative sessions for the
NOTE: SECTIONS 29 AND 30 WERE certified leaders or representatives
REPEALED of the concerned sectors, at least
three (3) times, within ninety (90)
VII. PROFESSIONAL AND OTHER days before the boards shall be
HIGHLY-SKILLED FILIPINOS ABROAD convened, for purposes of
selection. The process shall be
open, democratic and transparent;

"(b) Only non-government

SEC. 31. INCENTIVES TO PROFESSIONALS AND
organizations that protect and
OTHER HIGHLY-SKILLED FILIPINOS ABROAD
promote the rights and welfare of
overseas Filipino workers, duly
Pursuant to the objective of encouraging
registered with the appropriate
professionals and other highly-skilled Filipinos
Philippine government agency and
abroad especially in the field of science and
in good standing as such, and in
technology to participate in, and contribute
to national development, the government
existence for at least three (3) years
shall provide proper and adequate prior to the nomination shall be
incentives and programs so as to secure their qualified to nominate a
services in priority development areas of the representative for each sector to
public and private sectors. the Board;

"(c) The nominee must be at least

IX. MISCELLANEOUS PROVISIONS twenty-five (25) years of age, able
to read and write, and a migrant
worker at the time of his or her
nomination or was a migrant worker
SEC. 32. POEA, OWWA and other Boards; with at least three (3) years
Additional Memberships. experience as such; and

18
 "(d) A final list of all the nominees be submitted not later than May 31 of the
selected by the OWWA/POEA following year. The report shall include, but
governing boards, which shall shall not limited to, the following
consist of three(3) names for each information:
sector to be represented, shall be
submitted to the President and (a) Masterlist of Filipino migrant
published in a newspaper of workers, and inventory of pending cases
general circulation; involving them and other Filipino nationals
including those serving prison terms;
"Within thirty (30) days from the submission
of the list, the President shall select and (b) Working conditions of Filipino
appoint from the list, the representatives to migrant workers;
the POEA/OWWA governing boards.
(c) Problems encountered by the
"The additional members shall have a term migrant workers, specifically violations of their
of three (3) years and shall be eligible for rights;
reappointment for another three (3) years.
In case of vacancy, the President shall in (d) Initiative/actions taken by the
accordance with the provisions of this Act, Philippine foreign posts to address the
appoint a replacement who shall serve the problems of Filipino migrant workers;
unexpired term of his or her predecessor.
(e) Changes in the laws and policies
of host countries; and
"Any executive issuances or orders issued
that contravene the provisions of this
(f) Status of negotiations on bilateral
section shall have no force and effect.
labor agreements between the Philippines
and the host country.
"All other government agencies and
government-owned or controlled
" Any officer of the government who fails to
corporations which require at least one (1)
submit the report as stated in this section
representative from the overseas workers
shall be subject to an administrative
sector to their respective boards shall
penalty of dismissal from the service with
follow all the applicable provisions of this
disqualification to hold any appointive
section.
public office for five (5) years."

SEC. 33. Report to Congress.

SEC. 34. REPRESENTATION IN CONGRESS

In order to inform the Philippine Congress Pursuant to Section 3(2), Article VI of the
on the implementation of the policy Constitution and in line with the objective of
enunciated in Section 4 hereof, the empowering overseas Filipinos to participate
Department of Foreign Affairs and the in the policy-making process to address
Department of Labor and Employment Filipino migrant concerns, two (2) sectoral
shall submit separately to the said body a representatives for migrant workers in the
semi-annual report of Philippine foreign House of Representatives shall be appointed
posts located in countries hosting Filipino by the President from the ranks of migrant
migrant workers. The mid-year report workers: Provided, that at least one (1) of the
covering the period January to June shall two (2) sectoral representatives shall come
be submitted not later than October 31 of from the women migrant workers sector:
the same year while the year-end report Provided, further, that all nominees must
covering the period July to December shall

19
have at least two (2) years experience as a (b) The remaining one hundred fifty
migrant worker. million pesos (P150,000,000.00) shall be
funded from the proceeds of Lotto.
SEC. 35. Exemption from Travel Tax
Documentary Stamp and Airport Fee The Congressional Migrant Workers
Scholarship Fund as herein created shall be
administered by the DOLE in coordination
All laws to the contrary notwithstanding,
with the Department of Science and
the migrant workers shall be exempt from Technology (DOST). To carry out the
the payment of travel tax and airport-fee objectives of this section, the DOLE and the
upon proper showing of proof entitlement DOST shall formulate the necessary rules and
by the POEA. regulations.

"The remittances of all overseas Filipino SEC. 37-A. Compulsory Insurance

workers, upon showing of the same proof Coverage for Agency-Hired Workers
of entitlement by the overseas Filipino
worker's beneficiary or recipient, shall be
In addition to the performance bond to be
exempt from the payment of
filed by the recruitment/manning agency
documentary stamp tax.
under Section 10, each migrant worker
deployed by a recruitment/manning
SEC. 36. NON-INCREASE OF FEES; ABOLITION
agency shall be covered by a compulsory
OF REPATRIATION BOND
insurance policy which shall be secured at
no cost to the said worker. Such insurance
Upon approval of this Act, all fees being policy shall be effective for the duration of
charged by any government office on the migrant worker's employment and shall
migrant workers shall remain at their present
cover, at the minimum:
levels and the repatriation bond shall be
established.
"(a) Accidental death, with at least
Fifteen thousand United States
SEC. 37. THE CONGRESSIONAL MIGRANT
dollars (US$10,000.00) survivor's
WORKERS SCHOLARSHIP FUND
benefit payable to the migrant
worker's beneficiaries;
There is hereby created a Congressional
Migrant Workers Scholarship Fund which shall
"(c) Permanent total disablement,
benefit deserving migrant workers and/or
with at least Seven thousand five
their immediate descendants below twenty-
hundred United States dollars
one (21) years of age who intent to pursue
courses or training primarily in the field of (US$7,500.00) disability benefit
science and technology. The initial seed fund payable to the migrant worker. The
of two hundred million pesos following disabilities shall be
(P200,000,000.00) shall be constituted from deemed permanent: total,
the following sources: complete loss of sight of both eyes;
loss of two(2) limbs at or above the
(a) Fifty million pesos ankles or wrists; permanent
(P50,000,000.00) from the unexpected complete paralysis of two (2) limbs;
Countrywide Development Fund for 1995 in brain injury resulting to incurable
equal sharing by all members of Congress; imbecility or insanity;
and
"(d) Repatriation cost of the worker
when his/her employment is
terminated without any valid

20
cause, including the transport of his be entitled to a compassionate visit
or her personal belongings. In case by one (1) family member or a
of death, the insurance provider requested individual. The insurance
shall arrange and pay for the company shall pay for the
repatriation or return of the worker's transportation cost of the family
remains. The insurance provider member or requested individual to
shall also render any assistance the major airport closest to the
necessary in the transport including, place of hospitalization of the
but not limited to, locating a local worker. It is, however, the
licensed funeral home, mortuary or responsibility of the family member
direct disposition facility to prepare or requested individual to meet all
the body for transport, completing visa and travel document
all documentation, obtaining legal requirements;
clearances, procuring consular
services, providing necessary "(h) Medical evacuation. When an
casket or air transport container, as adequate medical facility is not
well as transporting the remains available proximate to the migrant
including retrieval from site of death worker, as determined by the
and delivery to the receiving insurance company's physician
funeral home; and/or a consulting physician,
evacuation under appropriate
"(e) Subsistence allowance benefit, medical supervision by the mode of
with at least One hundred United transport necessary shall be
States dollars (US$100.00) Per month undertaken by the insurance
for a maximum of six (6) months for provider; and
a migrant worker who is involved in
a case or litigation for the "(i) Medical repatriation. When
protection of his/her rights in the medically necessary as determined
receiving country; by the attending physician,
repatriation under medical
"(f) Money claims arising from supervision to the migrant worker's
employer's liability which may be residence shall be undertaken by
awarded or given to the worker in a the insurance provider at such time
judgment or settlement of his or her that the migrant worker is medically
case in the NLRC. The insurance cleared for travel by commercial
coverage for money claims shall be carrier. If the period to receive
equivalent to at least three (3) medical clearance to travel
months for every year of the exceeds fourteen (14) days from
migrant worker's employment the date of discharge from the
contract; hospital, an alternative appropriate
mode of transportation, such as air
"In addition to the above coverage, ambulance, may be arranged.
the insurance policy shall also Medical and non-medical escorts
include: may be provided when necessary.

"(g) Compassionate visit. When a "Only reputable private insurance

migrant worker is hospitalized and companies duly registered with the
has been confined for at least Insurance Commission (IC) , which are in
seven (7) consecutive days, he shall existence and operational for at least Five
hundred million pesos (P500,000,000.00) to

21
be determined by the IC, and with a section shall be paid by the insurance
current year certificate of authority shall be company without any contest and without
qualified to provide for the worker's the necessity of providing fault or
insurance coverage. Insurance companies negligence of any kind on the part of the
who have directors, partners, officers, insured migrant worker: Provided, That the
employees or agents with relatives, within following documents, duly authenticated
the fourth civil degree of consanguinity or by the Philippine foreign posts, shall be
affinity, who work or have interest in any of sufficient evidence to substantiate the
the licensed recruitment/manning claim:
agencies or in any of the government
agencies involved in the overseas "(1) Death Certificate - In case of
employment program shall be disqualified natural or accidental death;
from providing this workers' insurance
coverage. "(2) Police or Accident Report - In
case of accidental death; and
"The recruitment/manning agency shall
have the right to choose from any of the "(3) Medical Certificate - In case of
qualified insurance providers the company permanent disablement;
that will insure the migrant worker it will
deploy. After procuring such insurance "For repatriation under subparagraph (d)
policy, the recruitment/manning agency hereof, a certification which states the
shall provide an authenticated copy reason/s for the termination of the migrant
thereof to the migrant worker. It shall then worker's employment and the need for his
submit the certificate of insurance or her repatriation shall be issued by the
coverage of the migrant worker to POEA Philippine foreign post or the Philippine
as a requirement for the issuance of an Overseas Labor Office (POLO) located in
Overseas Employment Certificate (OEC) to the receiving country.
the migrant worker. In the case of seafarers
who are insured under policies issued by "For subsistence allowance benefit under
foreign insurance companies, the POEA subparagraph (e), the concerned labor
shall accept certificates or other proofs of attaché or, in his absence, the embassy or
cover from recruitment/manning consular official shall issue a certification
agencies: Provided, That the minimum which states the name of the case, the
coverage under sub-paragraphs (a) to (i) names of the parties and the nature of the
are included therein. cause of action of the migrant worker.

"Any person having a claim upon the "For the payment of money claims under
policy issued pursuant to subparagraphs subparagraph (f), the following rules shall
(a), (b), (c), (d) and (e) of this section shall govern:
present to the insurance company
concerned a written notice of claim
"(1) After a decision has become
together with pertinent supporting
final and executor or a
documents. The insurance company shall
settlement/compromise
forthwith ascertain the truth and extent of
agreement has been reached
the claim and make payment within ten
between the parties at the NLRC,
(10) days from the filing of the notice of
an order shall be released
claim.
mandating the respondent
recruitment/manning agency to
"Any claim arising from accidental death,
natural death or disablement under this

22
pay the amount adjudged or section shall not affect the joint and
agreed upon within thirty (30) days; solidary liability of the foreign
employer and the
"(2) The recruitment/manning recruitment/manning agency
agency shall then immediately file under Section 10;
a notice of claim with its insurance
provider for the amount of liability "(7) Lawyers for the insurance
insured, attaching therewith a copy companies, unless the latter is
of the decision or compromise impleaded, shall be prohibited to
agreement; appear before the NLRC in money
claims cases under this section.
"(3) Within ten (10) days from the
filing of notice of claim, the "Any question or dispute in the
insurance company shall make enforcement of any insurance policy
payment to the issued under this section shall be brought
recruitment/manning agency the before the IC for mediation or
amount adjudged or agreed upon, adjudication.
or the amount of liability insured,
whichever is lower. After receiving "In case it is shown by substantial evidence
the insurance payment, the before the POEA that the migrant worker
recruitment/manning agency shall who was deployed by a licensed
immediately pay the migrant recruitment/manning agency has paid for
worker's claim in full, taking into the premium or the cost of the insurance
account that in case the amount of coverage or that the said insurance
insurance coverage is insufficient to coverage was used as basis by the
satisfy the amount adjudged or recruitment/manning agency to claim any
agreed upon, it is liable to pay the additional fee from the migrant worker, the
balance thereof; said licensed recruitment/manning
agency shall lose its license and all its
"(4) In case the insurance company directors, partners, proprietors, officers and
fails to make payment within ten employees shall be perpetually
(10) days from the filing of the claim, disqualified from engaging in the business
the recruitment/ manning agency of recruitment of overseas workers. Such
shall pay the amount adjudged or penalty is without prejudice to any other
agreed upon within the remaining liability which such persons may have
days of the thirty (30)-day period, as incurred under existing laws, rules or
provided in the first subparagraph regulations.
hereof;
"For migrant workers recruited by the POEA
"(5) If the worker's claim was not on a government-to-government
settled within the aforesaid thirty arrangement, the POEA shall establish a
(30)-day period, the foreign employers guarantee fund which
recruitment/manning agency's shall be answerable to the workers'
performance bond or escrow monetary claims arising from breach of
deposit shall be forthwith garnished contractual obligations. For migrant
to satisfy the migrant worker's claim; workers classified as rehires, name hires or
direct hires, they may opt to be covered by
"(6) The provision of compulsory this insurance coverage by requesting their
worker's insurance under this foreign employers to pay for the cost of the

23
insurance coverage or they may pay for Sec. 37-B. Congressional Oversight
the premium themselves. To protect the Committee
rights of these workers, the POEA shall
provide them adequate legal assistance, There is hereby created a Joint
including conciliation and mediation Congressional Oversight Committee
services, whether at home or abroad. composed of five (5) Senators and five (5)
Representatives to be appointed by the
"At the end of every year, the Department Senate President and the Speaker of the
of Labor and Employment and the IC shall House of Representatives, respectively. The
jointly make an assessment of the Oversight Committee shall be co-chaired
performance of all insurance providers, by the chairpersons of the Senate
based upon the report of the NLRC and the Committee on Labor and Employment
POEA on their respective interactions and and the House of Representatives
experiences with the insurance Committee on Overseas Workers Affairs.
companies, and they shall have the The Oversight Committee shall have the
authority to ban or blacklist such insurance following duties and functions:
companies which are known to be evasive
or not responsive to the legitimate claims "(a) To set the guidelines and overall
of migrant workers. The Department of framework to monitor and ensure
Labor and Employment shall include such the proper implementation of
assessment in its year-end report to Republic Act No. 8042, as
Congress. amended, as well as all programs,
projects and activities related to
"For purposes of this section, the overseas employment;
Department of Labor and Employment, IC,
NLRC and the POEA, in consultation with "(b) To ensure transparency and
the recruitment/manning agencies and require the submission of reports
legitimate non-government organizations from concerned government
advocating the rights and welfare of agencies on the conduct of
overseas Filipino workers, shall formulate programs, projects and policies
the necessary implementing rules and relating to the implementation of
regulations. Republic Act No. 8042, as
amended;
"The foregoing provisions on compulsory
insurance coverage shall be subject to "(c) To approve the budget for the
automatic review through the programs of the Oversight
Congressional Oversight Committee Committee and all disbursements
immediately after three (3) years from the therefrom, including compensation
effectivity of this Act in order to determine of all personnel;
its efficacy in favor of the covered
overseas Filipino workers and the "(d) To submit periodic reports to the
compliance by recruitment/manning President of the Philippines and
agencies and insurance companies, Congress on the implementation of
without prejudice to an earlier review if
the provisions of Republic Act No.
necessary and warranted for the purpose 8042, as amended;
of modifying, amending and/or repealing
these subject provisions.
"(e) To determine weaknesses in the
law and recommend the necessary

24
 remedial legislation or executive following its enactment into law and
measures; and thereafter.

"(f) To perform such other duties, SEC. 39. MIGRANT WORKERS DAY
functions and responsibilities as may
be necessary to attain its The day of signing by the President of this Act
objectives. shall be designated as the Migrant Workers
Day and shall henceforth be
"The Oversight Committee shall adopt its commemorated as such annually.
internal rules of procedure, conduct
hearings and receive testimonies, reports, SEC. 40. IMPLEMENTING RULES AND
and technical advice, invite or summon by REGULATIONS
subpoena ad testificandum any public
official or private citizen to testify before it, The departments and agencies charged
or require any person by subpoena duces with carrying out the provisions of this Act
tecum documents or other materials as it shall, within ninety (90) days after the
may require consistent with the provisions effectivity of this Act, formulate the
of Republic Act No. 8042, as amended. necessary rules and regulations for its
effective implementation.
"The Oversight Committee shall organize its
staff and technical panel, and appoint SEC. 41. REPEATING CLAUSE
such personnel, whether on secondment
from the Senate and the House of All laws, decrees, executive orders, rules and
Representatives or on temporary, regulations, or parts thereof inconsistent with
contractual, or on consultancy, and the provisions of this Act are hereby repealed
determine their compensation subject to or modified accordingly.
applicable civil service laws, rules and
regulations with a view to ensuring a SEC. 42. SEPARABILITY CLAUSE
competent and efficient secretariat.
If, for any reason, any section or provision of
"The members of the Oversight Committee this Act is held unconstitutional or invalid, the
shall not receive additional compensation, other sections or provisions hereof shall not
allowances or emoluments for services be affected thereby.
rendered thereto except traveling,
extraordinary and other necessary SEC. 43. EFFECTIVITY CLAUSE
expenses to attain its goals and objectives.
This Act shall take effect after fifteen (15)
"The Oversight Committee shall exist for a days from its publication in the Official
period of ten (10) years from the effectivity Gazette or in at least two (2) national
of this Act and may be extended by a joint newspapers of general circulation whichever
concurrent resolution. comes earlier.

SEC. 38. APPROPRIATION AND OTHER

SOURCES OF FUNDING

The amount necessary to carry out the

provisions of this Act shall be provided for in
the General Appropriations Act of the year

25