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Republic of the Philippines Ke RECEIVED 2

Bouse of Representatives { 3 DATEL 27 202 t
Quejon City, Metro Manila var.
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NINETEENTH CONGRESS
First Regular Session

“2577

House Bill No.

INTRODUCED BY:

REPRESENTATIVE MARISSA “DEL MAR” MAGSIN¢
ONE FILIPINOS WORLDWIDE (OFW) PARTYLIST

EXPLANATORY NOTE

In a Third World country like the Philippines where unemployment and
underemployment are perennial problems, many are compelled to seek work in other
countries where wages are lucrative. Their work overseas helped reduced poverty and
played a major part in propping up the local economy through their remittances.
Overseas Filipino workers (OFWs) are indeed the country’s modern-day heroes.

Regrettably, however, OFWs suffer the pain and loneliness of separation from
their families and become victims of physical or sexual abuse by their foreign employers
and agents, and sometimes even end up jailed or dead in foreign prisons. These
difficulties are compounded often by the lackluster if not ineffective response of the
Philippine embassy and consular officials in the host countries in addressing their
situations. On many occasions, relatives of OFWs suffering from maltreatment and
abuses in the host countries have to approach concerned government agencies in the
country to make known the plight of their loved ones and seek for immediate and
needed assistance on their behalf. This task alone proves to be very difficult, time-
consuming and costly on the part of the OFWs and their families.

Moreover, many of those desiring to work abroad are victimized by illegal
recruiters and other fraudulent schemes, thereby robbing them of hard-earned or
borrowed resources and depriving them in the process of a better future hoped for.

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Their cases often do not reach the proper authorities for appropriate actions and for
reparations. As a result, they are burrowed deeper into poverty.

Under these circumstances, there is a need for an effective mechanism whereby
the complaints and concerns of OFWs working abroad and those still in the country and
their relatives will be attended to by concerned government agencies through a system
of referrals, and information gathering and documentation system, akin to a help or
assistance desk.

Republic Act No. 8042, also known as the “Migrant Workers Act”, as amended by
Republic Act No. 10022, mandates the establishment of OFW Help Desks in all local
government units (LGUs) with the objective of providing current information to their
constituents on all the processes aspects of overseas employment. It is likewise tasked to
be linked to the database of all concerned government agencies, particularly the POEA,
for its updated lists of overseas job orders and licensed recruitment agencies in good
standing. Furthermore, there already exists a Memorandum of Agreement on
Convergence Program for OFWs forged by the Department of Labor and Employment
(DOLE), the Technical Education and Skills Development Authority (TESDA), the
Philippine Overseas Employment Administration (POEA) and the Overseas Workers
Welfare Administration (OWWA), with the LGUs to institutionalize the arrangement.

This bill seeks to further strengthen the OFW Desk in all LGUs by expanding its
functions to become more responsive and effective in fulfilling its mandate, and in
accomplishing the objectives of the law creating it. Specifically, this measure proposes
for the following additional functions of the OFW Help Desks in all LGUs:

1) To endorse to the concerned government agencies requests for assistance and other
concerns of OFWs for their appropriate actions, and to monitor and document
actions taken therefor;

2) To plan, implement and monitor yearly work programs in pursuance of the
objectives of the “Migrant Workers Act”, as amended, and other existing laws on the
protection of rights and promotion of welfare of OFWs, including but not limited to:
Republic Act No. 10801, or the “Overseas Workers Welfare Administration Act”;
Republic Act No. 11641, or the “Department of Migrant Workers Act”, pertinent
executive issuances, and local ordinances consistent with the law; and,

3) To monitor the health status of all Filipino repatriates within their respective
localities through the local health workers, particularly in times of public health
emergencies, to ensure the implementation of health protocols approved or
imposed by duly constituted authorities in response to such public health
emergencies.


Moreover, this bill also seeks to establish similar OFW Desks in all police
stations nationwide and Offices of Police Attaches around the world with the following
specific functions:

1) To assist OFWs in filing complaints or charges against any individual,
establishment, business entity, institution, or agency, on abuses or crimes
committed against their persons and families, or for refusing to comply with the
provisions of existing laws on their rights and privileges, before the proper
authorities;

2)

To establish linkages with accredited non-government organizations (NGOs) and
people’s organizations (POs) in their respective areas and jurisdictions involved in
the advocacy of protecting the rights and promoting the welfare of OFWs; and,

3) To plan, implement and monitor yearly work programs in pursuance of the
objectives of the “Migrant Workers Act”, as amended, and other existing laws on the
protection of rights and promotion of welfare of OFWs, including but not limited to:
Republic Act No. 10801, or the “Overseas Workers Welfare Administration Act”;
Republic Act no. 11641, or the “Department of Migrant Workers Act”, pertinent
executive issuances, and local ordinances consistent with the law.

Our government must continue to act with concern and urgency to address the
plight of our OFWs in their host countries and those seeking for better employment. It
must proceed to improve the services to OFWs needing help, and aggressively pursue
measures that will provide better economic opportunities for them upon their return
home. It is the best way for the government and our people to express our gratitude to
our OFWs for their sacrifices and contributions to nation-building.

Premises well-considered, the immediate approval of this bill is earnestly urged.

Dye he he

HON. MARISSA “DEL MAR” MAGSINO


AEPRES,
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HOUSE

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Republic of the Philippines

Douse of Representatives
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

Tuo. 2077

House Bill No.

INTRODUCED BY:

REPRESENTATIVE MARISSA “DEL MAR” MAGSINO
ONE FILIPINOS WORLDWIDE (OFW) PARTYLIST

AN ACT
STRENGTHENING THE OVERSEAS FILIPINO WORKERS (OFW)
DESKS IN ALL LOCAL GOVERNMENT UNITS,
PROVIDING FOR THE ESTABLISHMENT OF OFW DESKS
IN ALL POLICE STATIONS THROUGHOUT THE COUNTRY AND OFFICES
OF POLICE ATTACHES AROUND THE WORLD,
PROVIDING FOR THEIR FUNCTIONS, AND FOR OTHER PURPOSES,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 8042, AS AMENDED,
OTHERWISE KNOWN AS THE ‘MIGRANT WORKERS ACT”

SECTION 1, Section 23 of Republic Act No. 8042, otherwise known as the “Migrant
Workers Act”, as amended by Republic Act No. 10022, is hereby further amended to
read as follows :

Section 23. ROLE OF GOVERNMENT AGENCIES. — The following government
agencies shall perform the following to promote the welfare and protect the rights
of migrant workers and, as far as applicable, all overseas 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, shall
take priority action or make representation with the foreign authority
concerned to protect the rights of migrant workers and other overseas


Filipinos and extend immediate assistance including the repatriation of
distressed or beleaguered migrant workers and other overseas Filipinos;

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(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 no! rnment organizations advocating the
rights and welfare of overseas ino workers, shall take a proactive stance
by being primarily responsible for the dissemination of information to their
constituents on all aspects of overseas employment, AND FOR THE
PROVISION OF ASSISTANCE TO OFWs AND THEIR FAMILIES
ON ALL THEIR ISSUES AND CONCERNS THROUGH PROPER
ENDORSEMENT OR REFERRAL TO THE CONCERNED
GOVERNMENT AGENCIES. TO CARRY OUT THESE TASKS, the
following shall be undertaken by the LGUs:

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

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

(D.2.1.) ENDORSE TO THE CONCERNED GOVERNMENT
AGENCIES REQUESTS FOR ASSISTANCE AND
OTHER CONCERNS OF OFWS FOR THEIR
APPROPRIATE ACTIONS, AND MONITOR AND
DOCUMENT THE ACTIONS TAKEN THEREFOR;

(D.2.2.) PLAN, IMPLEMENT AND MONITOR YEARLY WORK
PROGRAMS IN PURSUANCE OF THE OBJECTIVES
OF THIS ACT, AS AMENDED, AND OTHER
EXISTING LAWS ON THE PROTECTION OF RIGHTS
AND PROMOTION OF WELFARE OF OFWS,
INCLUDING BUT NOT LIMITED TO: REPUBLIC ACT
NO. 10801, OR THE “OVERSEAS WORKERS
WELFARE ADMINISTRATION ACT”, REPUBLIC ACT


NO. 11641, OR THE “DEPARTMENT OF MIGRANT
WORKERS ACT”, PERTINENT EXECUTIVE
ISSUANCES, AND LOCAL ORDINANCES
CONSISTENT WITH THE LAW;

(D.2.3.) MONITOR THE HEALTH STATUS OF ALL FILIPINO
REPATRIATES WITHIN THEIR RESPECTIVE
LOCALITIES THROUGH THE LOCAL HEALTH
‘WORKERS, PARTICULARLY IN TIMES OF GLOBAL
AND/OR NATIONAL PUBLIC HEALTH
EMERGENCIES TO ENSURE THE
IMPLEMENTATION OF HEALTH PROTOCOLS
APPROVED OR IMPOSED BY DULY CONSTITUTED
AUTHORITIES IN RESPONSE TO SUCH PUBLIC
HEALTH EMERGENCIES.

(E) THE PHILIPPINE NATIONAL POLICE (PNP) SHALL ESTABLISH
OVERSEAS FILIPINO WORKERS (OFW) DESKS IN ALL POLICE
STATIONS THROUGHOUT THE COUNTRY AND OFFICE OF
POLICE ATTACHES AROUND THE WORLD TO SERVE AS
ASSISTANCE AND MONITORING CENTER FOR OFWs AND
THEIR FAMILIES IN THEIR RESPECTIVE AREAS AND
JURISDICTIONS WITH THE FOLLOWING SPECIFIC
FUNCTIONS:

(E.1.) ASSIST OFWS IN FILING COMPLAINTS OR CHARGES
AGAINST ANY _ INDIVIDUAL, ESTABLISHMENT,
BUSINESS ENTITY, INSTITUTION, OR AGENCY, ON
ABUSES OR CRIMES COMMITTED AGAINST THEIR
PERSONS AND FAMILIES, OR FOR REFUSING TO
COMPLY WITH THE PROVISIONS OF EXISTING LAWS
ON THEIR RIGHTS AND PRIVILEGES, BEFORE THE
PROPER AUTHORITIES;

(E.2.) ESTABLISH LINKAGES WITH ACCREDITED NON-
GOVERNMENT ORGANIZATIONS (NGOS) AND
PEOPLE’S ORGANIZATIONS (POS) INVOLVED IN THE
ADVOCACY OF PROTECTING THE RIGHTS AND
PROMOTING THE WELFARE OF OFWS; AND,

(E.3.) PLAN, IMPLEMENT AND MONITOR YEARLY WORK
PROGRAMS IN PURSUANCE OF THE OBJECTIVES OF
THIS ACT, AS AMENDED, AND OTHER EXISTING LAWS
ON THE PROTECTION OF RIGHTS AND PROMOTION OF
WELFARE OF OFWS, INCLUDING BUT NOT LIMITED
TO: REPUBLIC ACT NO. 10801, OR THE “OVERSEAS


WORKERS WELFARE ADMINISTRATION ACT”;
REPUBLIC ACT NO. 11641, OR THE “DEPARTMENT OF
MIGRANT WORKERS ACT”, PERTINENT EXECUTIVE
ISSUANCES, AND LOCAL ORDINANCES CONSISTENT
WITH THE LAW;

THE CHIEF OF THE PNP SHALL ISSUE APPROPRIATE ORDERS.
TO PROVIDE FOR THE MANNING AND LOGISTICAL
REQUIREMENTS OF ESTABLISHING THE OFW DESKS AND
OFFICES OF POLICE ATTACHES AS PROVIDED FOR IN THIS
ACT AND IN ACCORDANCE WITH THE OBJECTIVES OF THIS
ACT.

SECTION 2. Implementing Rules and Regulations - Within ninety (90) days
from the effectivity of this Act, the Department of Migrant Workers (DMW),
Department of the Interior and Local Government (DILG), and the Philippine National
Police (PNP), in consultation with non-government organizations (NGOs) and people’s
organizations (POs) engaged in the advocacy of OFW concerns, shall promulgate the
rules and regulations necessary for the effective implementation of this Act.

SECTION 3. Repealing Clause - All laws, ordinances, rules, regulations, and other
issuances or parts thereof, which are inconsistent with this Act, are hereby repealed or
modified accordingly.

SECTION 4. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,