Republic of the Philippines
HOUSE OF REPRESENTA’
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

366

House Bill No.

INTRODUCED BY REPRESENTATIVE MARISSA “DEL MAR” P. MAGSINO

AN ACT
TO STRENGTHEN HUMAN RIGHTS EDUCATION
AND THE SYSTEM OF LEGAL ASSISTANCE FOR MIGRANT WORKERS,
AMENDING FOR THE PURPOSE SECTION 23 OF
REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS THE MIGRANT
WORKERS AND OVERSEAS FILIPINOS ACT OF 1995, AS AMENDED

EXPLANATORY NOTE

Human rights have been at the front and center of the past decade. Many regarded
it as an important element for human survival, while some have considered it as an
expendable commodity that can be bargained away at the right argument. But through it
all, one thing is certain: all of us have human rights which we must hold dear and sacred.

The Constitution is clear that the State must provide “legal measures for the
protection of human rights of all persons within the Philippines, as well as Filipino
residing abroad”, and “preventive measures and legal aid services to the underprivileged
whose human rights have been violated or need protection.”

To whom does human rights belong to? It belongs equally to the rich and poor; and
certainly not only to those who can afford lawyers to grandstand for them at the slightest
provocation.

Many have failed to realize that the benefits and privileges we either enjoy or not
enjoy, are highly dependent on the human rights that our neighbors and our government
give respect and protection to. And because of this, we have become susceptible to abuse
and exploitation.

‘Among the marginalized sectors who are often made vulnerable to transgressions
of their human rights are the Overseas Filipino Workers (OFWs) who often just sign away
their rights on the hope that their lives will soon become better. This is in absolute
contravention of Republic Act No. 8042, otherwise known as the “Migrant Workers and
Overseas Filipinos Act of 1995”, which has clearly stated that “[t]he existence of the
overseas employment program rests solely on the assurance that the dignity and
fundamental human rights and freedoms of the Filipino citizens shall not, at any time, be
compromised or violated.”


Over the years, the need to earn a living hasdiluted the value of human rights.
This has evidently opened the doors of abuse against OFWs - especially domestic
employees who, by reason of their lack of knowledge and appreciation about human
rights, have rendered them most defenseless against attacks.

The horror stories of Filipina domestic helpers whose bodies have turned black
and blue at the hands of abusive employers have haunted the news. We have come
across viral videos on social media of yayas in the Middle East begging to be rescued
after having been splattered with scalding hot water. We all have heard stories of OFWs
in Asia being starved for days on end because employers treat them like animals needing,
to respect nor protection.

These are the abuses that this bill now seeks to prevent. Our OFWs have been
subjected to the worst working conditions and inhumane treatment because around the
world, cruel employers know that the weapon they can used against poverty-stricken
people is their ignorance of the law. While Republic Act No. 8042, otherwise known as
the “Migrant Workers and Overseas Filipino Act of 1995”, has been around for decades,
the abuses continue.

It cannot be denied that there are gaps in existing laws that permit the abuses to
flourish unabated. And it starts with the State's failure to integrate in the consciousness
of OFWs the human rights that they all are entitled to. The lack of effective education
and information drive has led many OFWs to accede to waivers that would sign away the
rights and privileges they would otherwise have been entitled to and has led them to
think that the abuses are fine as long as they are paid as stipulated in the contract.

This is where we must step in. The gaps which have been used to circumvent the
laws must now be addressed. We must dress OFWs up with knowledge and equip them
with know-how so that abuses will be minimized, if not fully eradicated.

The most salient feature of this measure is the amended of the Migrant Workers
and Overseas Filipinos Act of 1995 by mandating the Commission on Human Rights to
provide human rights education and legal assistance to OFWs. For these things cannot
be merely entrusted to the inexperienced and unskilled who conduct seminars and
training just for the sake of complying with requirements.

In view of the foregoing, approval of this measure is earnestly sought.

MARI! “DEL NE sexo


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

NINETEENTH CONGRESS
First Regular Session

House Bill No. 366

INTRODUCED BY REPRESENTATIVE MARISSA “DEL MAR” P.
MAGSINO

AN ACT
TO STRENGTHEN HUMAN RIGHTS EDUCATION
AND THE SYSTEM OF LEGAL ASSISTANCE FOR MIGRANT WORKERS,
AMENDING FOR THE PURPOSE SECTION 23 OF
REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS THE MIGRANT
WORKERS AND OVERSEAS FILIPINOS ACT OF 1995, AS AMENDED

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

Section 1. Under Section 23 of Republic Act No. 8042, as amended by
Republic Act No. 10022, add new paragraph (e) 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:

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


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

constituents on a regular basis;

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

(E) COMMISSION ON HUMAN RIGHTS. — THE COMMISSION
ON HUMAN RIGHTS (CHR) SHALL DEVELOP AND MONITOR
A HUMAN RIGHTS EDUCAION PROGRAM FOR OVERSEAS
FILIPINO WORKERS, IN LINE WITH ITS FUNCTION TO
ESTABLISH A CONTINUING PROGRAM OF RESEARCH,
EDUCATION, AND INFORMATION TO ENHANCE RESPECT
FOR THE PRIMACY OF HUMAN RIGHTS. IN PARTNERSHIP
WITH THE POEA, THE DFA, THE DOLE AND OTHER
CONCERNED GOVERNMENT AGENCIES. THE PROGRAM
WILL SUPPLEMENT THE PRE-DEPARTURE AND THE POST-
ARRIVAL ORIENTATION SEMINARS BY INTEGRATING
HUMAN RIGHTS EDUCATION IN THE AGENCIES’
RESPECTIVE PROGRAMS.

THE CHR, AS GENDER OMBUD, SHALL ALSO PROMOTE THE
PRIMACY OF HUMAN RIGHTS OF WOMEN AND PERSON
WITH DIVERSE SEXUAL ORIENTATION OR GENDER
IDENTITY THROUGH RESEARCH, EDUCATION, AND
INFORMATION.

LIKEWISE, THE OFFICIAL MISSION ABROAD, INCLUDING
EMBASSIES AND CONSULATE, ARE HEREBY MANDATED TO


Cea aunren

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ACTIVELY INVOLVE THE CHR IN THEIR SYSTEM AND
PROVISION OF LEGAL ASSISTANCE TO OUR MIGRANT
‘WORKERS. ON ITS PART, AND IN COORDINATION WITH THE
CONCERNED UNIT AND PERSONNEL OF OUR MISSION
ABROAD, THE CHR SHALL EXERT UTMOST EFFORTS TO
FULFILL ITS CONSTITUTIONAL MANDATE OF PROVIDING
FOR PREVENTIVE MEASURES AND LEGAL AND ASSISTANCE
TO THE WORKERS WHO ARE IN NEED OF PROTECTION OR
REDRESS FROM ABUSES AND VIOLATIONS OF HUMAN
RIGHTS.”

Sec. 2. Repealing Clause- Any law, presidential decree or issuance, executive

order, letter of instruction, rule of regulation inconsistent with the provisions of this
Act is hereby repealed or modified accordingly.

Sec. 3. Separability Clause.— If, for any reason, any section or provision of this
Act is held unconstitutional or invalid, the other sections or provisions hereof shall
not be affected and thereby remain in full force and effect.

Sec. 4. Effectivity Clause. — This Act shall take effect fifteen (15) days
following its publication in the Official Gazette or in two (2) newspapers of general
circulation in the Philippines.

Approved,