HOUSE 1¢ ROPRESENTATIVES

Republic of the Philippines RECEIVED

HOUSE OF REPRESENTATIVES, pare 07 IL ante

Quezon City, Metro Manila rane
Time: 4

SEVENTEENTH CONGRESS
FIRST REGULAR SESSION

1301

House Bill No.

Explanatory Note
‘The phenomenon of migration is not new. Neither are the laws enacted to
protect the interests of migrants or the Overseas Filipino Workers, Nevertheless, there

has been no data on them which may be described as accurate

Not that the government agencies concerned, or the non-government
organizations which are looking into their welfare, are remiss in their pledged duties

All strive to get the true picture, so to speak

One of the reasons for this lack of accurate data is the varying definitions
provided by Republic Act No. 8042, amended by Republic Act No. 10022, and its
Implementing Rules.

Republic Act No. 8042, amended by Republic Act No. 10022, provides:

Sec. 3. Definitions For the purpose of this Aet

4 “Overseas Filipino worker" refers to a person who is to be engaged, is engaged or
has been engaged in a remunerated activity in a state of which he or she is not a
citizen or on board a vessel navigating the foreign seas other than a government ship
used for military or non-commercial purposes or on an installation located offshore

or on the high seas: to be used interchangeably with “migrant worker


4) “Overseas Filipinos” refers to dependents of migrant workers and other Filipino

nationals abroad who are in distress as mentioned in Sections 24 and 26 of this Act”

Clearly, this provision declares that for the purpose of this act, OFWs stand as a
distinct group abroad, separated from the mass of Overseas Filipinos. However,

Section I on Definition, Rule I of its Implementing Rules provides:

(hh) Overseas Filipinos ~ refer to migrant workers, other Filipino nationals and their

dependents abroad.

(i) Overseas Filipinos in distress ~ refers to an Overseas Filipino who has a medical
psyeho-social or legal assistance problem requiring treatment, hospitalization,
counseling, legal representation as specified in Rule IX of these Rules or any other

Kind of intervention with the authorities in the country where he or she is found.

i) Overseas Filipino Worker or Migrant Worker ~ refers 10 a person who is to be
engaged, is engaged or has been engaged in a remunerated activity in a state of
which he or she is not a citizen or on board a vessel navigating the foreign seas other
than a government ship used for military or non-commercial purposes or on an
installation located offshore or on the high seas; A person to be engaged in a
remunerated activity” refers 10 an applicant worker who has been promised or

assured employment overseas”

Further, the different government agencies. concemed with the
implementation of the laws on OFWs have different jurisdiction on different limited
aspect of being an OFW. For example, The DFA’s concem is on OFWs in the
workplace abroad: that of the NLRC, on the other hand, is on the employment of
OFWs from the time a contract of overseas employment is signed and approved by
POEA up to repatriation. The regular courts in their jurisdiction over the civil and

criminal aspects of illegal recruitment focus on the recruitment aspect

It is of no wonder there is a failure to concretely establish the “Shared Government

Information System for Migration” which R.A. No. 8042 as amended, created.


To remedy this problem on lack of accurate data on OFWs, this bill institutes a
system whereby each OFW is designated a lifetime number. The OFW lifetime
number shall be indicated in the Identification Card to be issued by POEA upon the
issuance of the first Overseas Employment Certificate or OEC to an OFW. Like the
lifetime numbers of SSS or GSIS, this lifetime number shall be used as identification

by the OFW in all his/her transactions involving overseas work.

With

readily be construed as ‘no legality in the recruitment’

legal recruitment can be reduced as “No OFW lifetime number” can

Let this bill be passed into law soonest.

. BERTIZ iii


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
FIRST REGULAR SESSION

House Bill nol 3t Ot

Introduced by ACTS-OFW Representative Aniceto R. Bertiz III

AN ACT INSTITUTIONALIZING A SYSTEM OF ONE LIFETIME
IDENTIFICATION NUMBER FOR EACH OVERSEAS FILIPINO WORKER
FOR THEIR EFFECTIVE MONITORING, PROPER IMPLEMENTATION
OF LAWS AND RULES COVERING THEM, AND FOR THEIR ENHANCED
PROTECTION, AMONG OTHERS,

Be ut enacted by the Senate and the House of Representatives of the Philippines in

Congress assembled:

Section 1. Title, - This law shall be called Overseas Filipino Workers Identification

System

Section 2. The OFW Lifetime Number - Every Overseas Filipino Worker shall be
assigned one OFW lifetime number by Philippine Overseas Employment
Administration (POEA). Thereafter, every record involving the OFW shall be based
on the OFW lifetime number, constantly updating it for every departure, arrival,
change of employer and/or place of work, acquired upgraded skill, problems or

successes encountered, among others,

The records shall be open only to the OFW or hisher family, unless otherwise
provided by law

Section 3. The OFW Idemification Card. - POEA shall issue ev ery OFW an OFW
Mdentification card indicating the OFW lifetime number
Section 4. Use of the OFW Lifetime Number.-The OFW shall use his lifetime


number in all his transactions involving overseas employment. All government
agencies concerned shall correspondingly require all OFWs to use the OFW lifetime

number for every transaction with them.

Section 5. Implementing rutes and Regulations.- The 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.

Section 6. Separability Clause, - If any portion o provision of this Act is declared

void or unconstitutional, the remaining portions or provisions hereof shall not be

affected by such declaration

Section 7, Repealing Clause. - All laws, decrees, orders, rules and regulations, other
issuances, or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

Section 8. Effectivity Clause.- This Act shall take effect fifteen (15) days after its

complete publication in at least two (2) national newspapers of general circulation.

Approved,