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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
Second Regular Session 
House Bill No. _______ 
Introduced by Representative Ron P. Salo 
EXPLANATORY NOTE 
According to the latest statistics from the Philippine Statistics Authority in 2022, 
there are approximately 1.8 million Overseas Filipino Workers (OFWs) employed 
worldwide, contributing more than $32 billion in remittances to the Philippine economy. 
The passage of Republic Act No. 11641, also known as the Department of Migrant 
Workers (DMW) Act, was a significant step by the State in recognizing the importance 
of safeguarding the welfare of our OFWs. The DMW now houses all agencies 
concerned with migrant workers under one roof, aiming to address their concerns 
comprehensively. 
However, despite the establishment of the DMW, there is a crucial issue that 
requires attention. Oftentimes, OFWs who encounter money claims and labor disputes 
face the urgent need to return abroad to continue their work. This presents a challenge, 
as the process of resolving these claims and disputes can be agonizingly protracted 
and cumbersome.  
Recognizing the need to expedite the processing and resolution of these claims 
and disputes, the establishment of a quasi-judicial body exclusively for OFWs was 
initially proposed in the original draft bill creating the DMW in the House of 
Representatives to ensure a more focused and streamlined approach to address the 
specific needs of our OFWs. However, during deliberations, it was decided that its 
creation be considered in a separate bill. 
As it stands today, the National Labor Relations Commission (NLRC), which 
handles these matters, faces a heavy caseload. In 2022 alone, the NLRC posted an 
overall output of 30,365 cases under the Compulsory Arbitration program in the 
Regional Arbitration Branches (RABs). Additionally, the Commission Proper disposed 
of 10,789 appealed cases. These figures indicate that the NLRC is burdened with 
numerous cases, leading to potential delays and backlogs despite the periods stated 
in the rules of the NLRC. 
Given the significant number of cases handled by the NLRC, the establishment 
of the MWRC becomes even more critical. By creating a dedicated quasi-judicial 
agency attached to the DMW, focused solely on addressing the concerns and 
grievances of OFWs, the MWRC will expedite the processing and resolution of their 
money claims and disputes. This specialized approach will enable the MWRC to 
August 8, 2023
12:15 pm
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efficiently handle the specific needs of OFWs, ensuring that their cases are given the 
necessary attention and resolved promptly. 
The MWRC will serve as a crucial support system for our OFWs, providing them 
with a timely and fair resolution of their grievances. This expeditious process will be 
particularly advantageous for OFWs who must return abroad for work, allowing them 
to pursue their livelihoods without unnecessary delays caused by unresolved disputes. 
By addressing the challenges faced by OFWs in claiming their rights, we reaffirm 
our commitment to their welfare and recognize their vital contributions to our nation's 
growth and prosperity. 
In view of the foregoing, approval of this bill is earnestly sought. 
RON P. SALO   
 KABAYAN Party List 


 
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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
Second Regular Session 
House Bill No. _______ 
Introduced by Representative Ron P. Salo 
AN ACT CREATING THE MIGRANT WORKER RELATIONS COMMISSION 
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. Short Title. – This Act shall be known as the “Migrant Worker 
Relations Commission Act”. 
SEC. 2. Declaration of Policy. – It is the policy of the State to: 
a) Promote the preferential use of voluntary modes of settling disputes and
provide an adequate administrative machinery for the speedy,
inexpensive, and expeditious settlement of labor or industrial disputes
for Overseas Filipino Workers, and to provide an adequate
administrative machinery for the speedy, inexpensive, and expeditious
settlement of labor or industrial disputes for Overseas Filipino Workers;
b) Afford full protection to labor, local and overseas, organized, and
unorganized, and promote full employment and equality of employment
opportunities for all. Towards this end, the State shall provide
inexpensive, adequate, and timely social, economic, and legal services
to Filipino migrant workers;
c) Provide free access to the courts and quasi-judicial bodies and adequate
legal assistance which shall not be denied to any person by reason of
poverty. In this regard, it is imperative that an effective mechanism be
instituted to ensure that the rights and interest of distressed Filipinos
overseas, in general, and Filipino migrant workers, in particular, are
adequately protected and safeguarded; and
d) Afford all protections to workers against all schemes employed by
unscrupulous individuals who exploits said workers by charging
exorbitant fees when representing them in a labor dispute, thereby
leaving very little of what the worker rightfully deserves.
SEC. 3. Definition of Terms. – As used in this Act, the following terms shall 
mean: 
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a) Filipino Migrant Worker refers to a Filipino who is to be engaged, is 
engaged, or has been engaged in a remunerated activity in a country of 
which the said person is not an immigrant, citizen, or a permanent 
resident of, or is not awaiting naturalization, recognition, or admission, 
whether land-based or sea-based regardless of status; excluding a 
Filipino engaged under a government-recognized exchange visitor 
program for cultural and educational purposes. For purposes of this Act, 
a person engaged in remunerated activity covers a person who has been 
contracted for overseas employment but has yet to leave the Philippines, 
regardless of status, and includes "Overseas Contract Workers”. This 
term is interchangeable with “Overseas Filipino Worker”; 
 
b) Employer refers to any person acting in the interest of an employer, 
directly or indirectly. The term shall not include any labor organization or 
recruitment or manning agencies, or any of their officers or agents, 
except when acting as employer; 
 
c) Commission refers to the Migrant Worker Relations Commission 
(MWRC); and 
 
d) Private Recruitment/Manning Agency refers to any person, company, 
institution, agency, or organization which, not being the employer of the 
Filipino migrant worker, acts as an intermediary for the purpose of 
procuring employment for Filipino migrant worker or supplying Filipino 
migrant workers for an employer in another State with a view of deriving 
either directly or indirectly any pecuniary or other material advantage 
from either the employer or worker. 
 
SEC. 4. The Migrant Worker Relations Commission. – There is hereby 
created a Migrant Workers Relations Commission (MWRC) which shall have 
jurisdiction over all cases involving Filipino migrant workers. The Commission shall be 
composed of a Chairman and eight (8) Commissioners, Migrant Worker Arbiters 
(MWA), and Conciliators-Mediators in its Arbitration Branches.   
 
The Commission shall have three (3) Divisions, each composed of three (3) 
Commissioners. Each Division shall be headed by a Presiding Commissioner who 
shall come from the public sector, one (1) Commissioner from among the nominees 
of the migrant workers, and one (1) Commissioner from the nominees of the private 
recruitment and manning agencies. The Chairman shall be the Presiding 
Commissioner of the First Division, and the other two (2) members appointed from the 
public sector shall be the Presiding Commissioner of the Second and Third Division, 
respectively. Those from the public sector shall come from the recommendees of the 
Secretary of the Department of Migrant Workers.  
 
Upon assumption into office, the Commissioners shall divest and/or 
disassociate themselves of any affiliation with or interest in the federation or 
association of migrant workers or private recruitment or manning agencies to which 
they belong. 
 


 
 
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The Commission shall be attached to the Department Migrant Workers (DMW) 
for policy coordination.  
 
SEC. 5. Divisions of the Commission. – The Commission shall sit en banc 
solely for the purpose of promulgating rules and regulations governing the hearing and 
disposition of cases before any of its divisions and regional branches, for formulating 
policies affecting its administration and operations, or for hearing and imposing 
disciplinary actions, including removal, over any of its officials, migrant worker arbiters 
or conciliator-mediator. The exercise of the Commission's adjudicatory and all other 
powers, functions, and duties shall be through its divisions. 
 
The First Division shall handle cases from the National Capital Region and the 
rest of Luzon, the Second Division shall handle cases from the Visayas, and the Third 
Division shall handle cases from Mindanao. Provided, however, that the Commission 
sitting en banc may, on a temporary or emergency basis, allow cases within the 
jurisdiction of one division to be heard and decided by another division, subject to their 
docket capacity and without imposing undue burden on litigants. Furthermore, each 
division shall have exclusive appellate jurisdiction over cases within its territorial 
jurisdiction. 
 
SEC. 6. Jurisdiction of the Commission, the Migrant Worker Arbiters, and 
the Conciliators-Mediators. – The Commission shall exercise jurisdiction over the 
following: 
 
a) Exclusive appellate jurisdiction over all cases decided by the migrant 
worker arbiters following the prescribed process and periods under 
Section 23 of this Act;  
b) Original jurisdiction over disputes involving migrant workers when 
national interest requires, as certified by the DMW Secretary; and  
c) Original jurisdiction over disputes involving migrant workers when 
national interest requires and specifically referred by the President of 
the Philippines.  
 
 The Migrant worker arbiters shall have original and exclusive jurisdiction to 
hear and decide the following cases involving Overseas Filipino Workers (OFWs) 
within sixty (60) calendar days from the submission of the case by the parties for 
decision, without extension, after the proceedings from the Conciliator-mediator. 
 
a) Claims arising from a standard employment contract or its 
supplementary agreements by any of the parties involved in such 
contract; 
b) Unfair labor practice cases relating to collective bargaining agreements 
of Filipino migrant worker groups or unions, whether land-based or sea-
based; and 
c) Enforcement of settlements or compromise agreements pursuant to 
Sections 21 and 22 of this Act when there is non-compliance by any of 
the parties. 
 
SEC. 7. Powers of the Commission. – The Commission shall have the power 
and authority: 


 
 
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a) To promulgate rules and regulations governing the hearing and 
disposition of cases before it and its regional branches, as well as those 
pertaining to its internal functions and such rules and regulations as may 
be necessary to carry out the purposes of this Act; 
 
b) To administer oaths, summon the parties to a controversy, issue 
subpoenas requiring the attendance and testimony of witnesses or the 
production of such books, papers, contracts, records, statement of 
accounts, agreements, and others as may be material to a just 
determination of the matter under investigation, and to testify in any 
investigation or hearing conducted in pursuance of this Act;  
 
c) To hear and decide controversies within their jurisdiction; and 
 
d) To hold any person in contempt directly or indirectly and impose 
appropriate penalties therefor in accordance with law. 
 
A person found guilty of misbehavior in the presence of or near the Chairman, 
any member of the Commission, or any Migrant worker arbiter or Conciliator-mediator, 
which obstructs or interrupts the proceedings, shows disrespect to officials, involves 
offensive behavior toward others, refuses to be sworn, answer as a witness, or 
subscribe to an affidavit or deposition when lawfully required, may be summarily 
adjudged in direct contempt and may face fines and/or penalties as determined by the 
Commission. The person adjudged in direct contempt by a Migrant worker arbiter or 
Conciliator-mediator may appeal to the Commission and the execution of the judgment 
shall be suspended pending the resolution of the appeal upon the filing by such person 
of a bond. Judgment of the Commission on direct contempt is immediately executory 
and unappealable.  
 
Indirect contempt shall be dealt with by the Commission or the Migrant worker 
arbiter in the manner prescribed under Rule 71 of the Revised Rules of Court; and 
 
The amount due to the lawyer of an overseas Filipino worker, whether land-
based or sea-based, shall be not more than ten percent (10%) of the award of the 
money claims, not including award for damages, as provided in Section 24 hereof. 
 
The Commission shall adopt measures to effectively prevent Ambulance 
Chasing activities, as defined, and provided in Republic Act No. 10706 (Seafarer’s 
Protection Act). 
 
SEC. 8. Appointment, Qualifications, and Tenure. – The Chairman and other 
Commissioners must be members of the Philippine Bar with at least fifteen (15) years 
of experience in the practice of law in the Philippines, or in a public position requiring 
Philippine Bar membership. They should have at least five (5) years of experience or 
exposure in the field of migrant workers' labor relations. They shall be of known 
competence, probity, and integrity. 
 
The President of the Philippines shall appoint the Chairman, the Presiding 
Commissioners of the Divisions, and other Commissioners from a list of at least five 


 
 
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(5) recommendations submitted by the Secretary of the DMW for each vacancy. The 
Secretary of the DMW shall nominate those representing the public sector. The 
Secretary shall also recommend at least five (5) from the nominees from the migrant 
workers sector and the private recruitment and manning agencies. Appointment to any 
vacancy in a specific division shall be chosen solely from the nominees of the sector 
that nominated the predecessor. 
 
The Migrant worker arbiters must be members of the Philippine Bar with at least 
ten (10) years of experience in the practice of law in the Philippines or in a public 
position requiring Philippine Bar membership. They should have at least five (5) years 
of experience or exposure in the field of migrant workers' labor relations. They shall 
be of known competence, probity, and integrity. The Migrant worker arbiters shall be 
appointed by the Secretary of the DMW. 
 
The Conciliators-mediators must be members of the Philippine Bar with at least 
five (5) years of experience in the practice of law in the Philippines or in a public 
position requiring Philippine Bar membership. They should have at least three (3) 
years of experience or exposure in the field of migrant workers' labor relations, as well 
as expertise or training and accreditation in the field of conciliation and mediation. 
They shall be of known competence, probity, and integrity. The Conciliators-mediators 
shall also be appointed by the Secretary of the DMW. 
 
All appointees, including the Chairman, other Commissioners, Migrant worker 
arbiters, and Conciliators-mediators, shall hold office during good behavior until they 
reach the age of sixty-five (65) years. However, the President of the Republic of the 
Philippines may extend their services up to the maximum age of seventy (70) years 
upon the recommendation of the Commission en banc, with concurrence of the 
Secretary of the Department of Migrant Worker. 
 
SEC. 9. Salaries, Benefits, and Emoluments. – The Chairman of the 
Commission shall have the same rank, and salary equivalent to, and be entitled to the 
same allowances, retirement, and benefits as those of the Associate Justice of the 
Court of Appeals. 
 
 The Presiding Commissioner and members of the Commission shall have the 
same rank, and salary equivalent to, and be entitled to the same allowances, 
retirement, and benefits as those of the judges of the Regional Trial Courts. 
 
The Migrant worker arbiters shall have the same rank, salary equivalent to and 
be entitled to the same allowances, retirement, other benefits, and privileges as those 
of the judges of the Metropolitan Trial Courts.  
 
The Conciliators-mediators shall have the same rank, salary equivalent to and 
be entitled to the same allowances, retirement, other benefits, and privileges as those 
of the judges of the Municipal Trial Courts.  
 
SEC. 10. Removal from Office. – The President of the Philippines shall have 
the power to remove the Chairman, Presiding Commissioners, and other 
Commissioners from office in accordance with the causes as provided by law. 
 


 
 
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Similarly, the Secretary of the DMW shall have the power to remove Migrant 
worker arbiters and Conciliators-mediators from office in accordance with the causes 
as provided by law. 
 
For other officers and employees, excluding Commission Attorneys and other 
co-terminous officials and employees who serve co-terminously with their respective 
Commissioners, the Commission has the power to effect their removal in compliance 
with the Civil Service Rules and the causes prescribed by law. 
 
SEC. 11. Office of the Executive Director. – The Chairman, aided by the 
Executive Director, shall have exclusive administrative supervision over the 
Commission and its regional branches and all its personnel, including the Migrant 
worker arbiters and the Conciliators-mediators. In case of absence or incapacity of the 
Chairman, the Presiding Commissioner of the Second Division and then that of the 
Third Division, shall be the Acting Chairman, in that order. 
 
The Commission, when sitting en banc, shall be assisted by the same 
Executive Director, and, when acting through Divisions, by the Deputy Director of each 
division. 
 
The Office of the Executive Director shall be in charge of the administrative and 
day-to-day operations of the Commission. The Office of the Executive Director shall 
also be in charge of receiving cases filed, and assigning them to the Migrant worker 
arbiters, Conciliators-mediators, and the respective divisions, monitor execution of 
judgments, and manage appeals, as well as ensure that the cases and appeals are 
acted within the periods prescribed under Sec. 23 of this Act. 
 
Moreover, the Office of the Executive Director shall also recommend the 
transfer, suspension, or removal of Conciliators-mediators, Migrant worker arbiters, 
and other officials and employees of the Commission. The Secretary of the DMW shall 
be furnished a copy of such recommendation for transfer, suspension, or removal. The 
Commission may endorse the recommendation to the Secretary of the DMW, who 
may also, motu proprio, act on the recommendation furnished by the Executive 
Director. 
 
The Executive Director and the three (3) Deputy Directors of the divisions shall 
have expertise in management or public administration with at least ten (10) years of 
experience. They shall be of known competence, probity, and integrity. The Executive 
Director shall have an annual salary and shall be entitled to the same allowances and 
benefits as those with the rank of Salary Grade 29 (SG-29). The Deputy Directors shall 
have annual salaries and shall be entitled to the same allowances and benefits as 
those with the rank of Salary Grade 27 (SG-27). 
 
The Executive Director and the Deputy Directors shall be appointed by the 
Secretary of the DMW upon recommendation of the Commission. 
 
SEC. 12. Office of the Commission Internal Auditor. – The Office of the 
Commission Internal Auditor shall be established to check, monitor, and report 
possible abuses, controversies, or anomalies in the proceedings before the 
Conciliator-mediator and/or the Migrant worker arbiter, possible unconscionable or 


 
 
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exorbitant awards by the Conciliator-mediator and/or the Migrant worker arbiter, any 
irregular process by any of the Commission’s offices, or any irregular or illegal acts of 
any of the Commission’s officials or employees.  
 
The Office of the Commission Internal Auditor shall also investigate and report 
allegations of corruption of officers of the Commission upon instruction of the 
Commission. It may also receive, investigate, and report complaints from the public or 
the stakeholders. 
 
The Office of the Commission Internal Auditor shall directly report its findings 
and recommendations to the Commission, which shall act on the matter within thirty 
(30) days from receipt thereof. 
 
Moreover, the Office of the Commission Internal Auditor shall conduct an 
annual assessment of the operational efficiency and effectiveness of the 
Commission's offices and units. The results of these assessments, including the 
appropriate recommendations, shall be reported to the Commission for its appropriate 
action, 
including 
the 
implementation 
by 
the 
Executive 
Director 
of 
the 
recommendations.  
 
The Internal Auditor may be an expert in law, management, public 
administration, accounting, labor relations or other analogous fields, and must have at 
least five (5) years of experience. He or she shall be of known competence, probity, 
and integrity. 
 
 
The Commission Internal Auditor shall be appointed by the Secretary of the 
DMW upon recommendation of the Commission and shall have annual salary and 
shall be entitled to the same allowances and benefits as those with the rank of Salary 
Grade 28 (SG-28). 
 
SEC. 13. Commission Attorneys. – The Commission and its three (3) 
divisions shall be assisted by Commission Attorneys in its appellate and adjudicatory 
functions whose term shall be coterminous with the Commissioners with whom they 
are assigned.  
 
The Commission Attorneys shall be members of the Philippine Bar with at least 
one year experience or exposure in the field of overseas employment labor-
management relations. They shall be of known competence, probity, and integrity. 
They shall receive annual salaries and shall be entitled to the same allowances and 
benefits as those with the rank of Salary Grade 26 (SG-26). There shall be as many 
Commission Attorneys as may be necessary for the effective and efficient operation 
of the Commission but in no case more than three assigned to the Office of the 
Chairman and each Commissioner.  
 
No Migrant worker arbiter or Conciliator-mediator shall be assigned to perform 
the functions of the Commission Attorney nor detailed to any office of any 
Commissioner. 
 
SEC. 14. Headquarters, Branches and Provincial Extension Units. – The 
Commission and its three (3) divisions shall have their main offices in the National 


 
 
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Capital Region, but the second and third divisions may hold their offices in Visayas or 
Mindanao, respectively upon conditions set by the Commission en banc. The 
Commission shall establish as many regional branches, sub-regional branches, or 
provincial extension units as necessary upon approval by the Department of Budget 
and Management.  
 
There shall be as many Migrant worker arbiters or Conciliators-mediators as 
may be necessary for the effective and efficient operation of the Commission as may 
be approved by the Department of Budget and Management. 
 
SEC. 15. Judgments and Resolutions of the Commission. – A division of 
the Commission shall render judgment or resolution only upon the concurrence of two 
(2) Commissioners. In the absence of the required membership for a division to reach 
a decision, the Chairman shall designate necessary additional Commissioners from 
other divisions. 
 
Before rendering a judgment or resolution on any case, the division shall 
engage in mandatory consultation, presided by the Presiding Commissioner. The 
consultation process shall be certified by the Presiding Commissioner, and the 
certification shall be attached to the case record and served to all parties. 
 
SEC. 16. Execution of Judgments, Orders, or Awards. – Except for 
monetary awards as provided in Section 19 d) and e), all judgments, orders, or awards 
shall be immediately executory upon its finality in accordance with the periods 
provided in Sec. 23 of this Act.  
 
SEC. 17. Appeals to the Commission. –  Judgments, awards, or orders of the 
Migrant worker arbiter are final and executory unless appealed to the Commission by 
any or both parties within ten (10) calendar days from receipt of such judgments, 
awards, or orders. Such appeal may be entertained only on any of the following 
grounds: 
 
a) If there is prima facie evidence of abuse of discretion on the part of the 
Migrant worker arbiter; 
b) If the judgment, order, or award was secured through fraud or coercion, 
including graft and corruption; 
c) If made purely on questions of law; and 
d) If serious errors in the findings of facts are raised which would cause 
grave or irreparable damage or injury to the appellant. In case of a 
judgment involving a monetary award, an appeal by the employer may 
be perfected only upon the posting of a cash or surety bond issued by a 
reputable bonding company duly accredited by the Commission in the 
amount equivalent to the monetary award in the judgment appealed 
from. To discourage frivolous or dilatory appeals, the Commission or the 
Migrant worker arbiter shall impose reasonable penalty, including fines 
or censures, upon the erring parties. 
 
In all cases, the appellant shall furnish a copy of the memorandum of appeal to 
the other party who shall file an answer not later than ten (10) calendar days from 
receipt thereof. The Commission shall decide all cases within ninety (90) calendar 


 
 
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days from receipt of the answer of the appellee. The judgment of the Commission shall 
be final and immediately executory after receipt thereof by the parties. Any law 
enforcement agency may be deputized by the Commission in the enforcement of 
judgments, awards, or orders.  
 
SEC. 18. Appeals from the Judgments, Awards, or Orders of the 
Commission. – Judgments, awards, or orders of the Commission shall be appealable 
to the Court of Appeals in accordance with Sec. 9 (3) of Batas Pambansa Blg.129, as 
amended otherwise known as the Judiciary Reorganization Act of 1980. 
 
SEC. 19. Execution of Monetary Award. – The decision granting a monetary 
award whether in an amicable settlement or compromise agreement, voluntary 
arbitration, or mandatory conciliation, or the Migrant worker arbiter, or by the 
Commission must state the amounts for the payment of the following:  
 
a) Any salary or wage; 
b) Any statutory monetary and welfare benefits; 
c) Any undisputed amount which is admitted by a party to be legally due 
to the other party;  
d) Any disputed amount, including payment for damages if applicable; 
and 
e) Other discretionary awards such as moral damages, exemplary 
damages, and similar awards. 
 
The portion of any decision by the Commission awarding items a), b), or c) 
above shall be immediately executory pending appeal or judicial review. 
 
Within fifteen (15) days after the decision granting the monetary award 
becomes final and executory, a writ of execution may be issued by the Commission 
after hearing on items d) and/or e), provided that the judgment obligee posts a 
sufficient bond to ensure full restitution in case of reversal.  
 
Pending appeal or judicial review, the execution of the monetary award may 
also be satisfied without need of a bond by depositing and holding the amount in item 
d) and e) above in a fiduciary bank account. Interest earned on the deposit shall go to 
the prevailing party. 
 
For purposes of this Section, the undisputed amount in item c) refers to the 
uncontested or unchallenged part of the monetary award which the judgment obligor 
previously admitted or acknowledged in arbitration proceedings to be payable to the 
judgment obligee. The disputed amount in items d) and e) refer to the part of the 
monetary award which the judgment obligor previously opposed or challenged during 
arbitration proceedings to be not due to the judgment obligee.  
 
The Commission shall issue the appropriate rules for the implementation of this 
Section in the interest of justice and equity.  
 
This Section shall be without prejudice to such rules as the Supreme Court may 
approve for the speedy resolution of decisions in voluntary or compulsory arbitration 
that are the subject of appeal or judicial review. 
 


 
 
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SEC. 20. Flexibility in Proceedings. – The Rules of Court shall be suppletory 
and not binding in any proceeding before the Commission or any of the Migrant worker 
arbiters. However, the proceedings shall ensure that the Commission, its members, 
and the Migrant worker arbiters shall employ all reasonable means to ascertain the 
facts promptly and impartially in each case, without undue emphasis on technicalities 
of law or procedure, in adherence to the principles of justice and due process. 
 
In any proceedings before the Commission or any Migrant worker arbiter, it 
shall be the responsibility of the Chairman, Presiding Commissioner, Commissioner, 
or Migrant worker arbiter to maintain full control over the proceedings at all stages. 
 
SEC. 21. Prior Resort to Amicable Settlement. – Notwithstanding any 
contrary provision of law, the Migrant worker arbiter shall exert all reasonable efforts 
to achieve an amicable settlement or compromise agreement of any labor dispute 
within their jurisdiction before referring the case for mandatory conciliation-mediation. 
The same principle applies to the Commission when exercising its original jurisdiction. 
 
SEC. 22. Mandatory Conciliation-Mediation. – All cases falling within the 
jurisdiction of the Commission where no amicable settlement or compromise 
agreement is reached shall be subject to mandatory conciliation-mediation which shall 
cover all causes of action the complainant/s may have against the respondent/s. The 
Migrant worker arbiters shall entertain only endorsed or referred cases which has 
already undergone mandatory conciliation-mediation. Provided, that any or both 
parties involved in the dispute may pre-terminate the conciliation-mediation 
proceedings and request referral or endorsement of the case to the Migrant worker 
arbiters, or if both parties so agree, refer the unresolved issued to voluntary arbitration. 
Provided finally, that any settlement or compromise agreement reached through 
mandatory conciliation-mediation shall have the effect of res judicata and shall dispose 
of the case with finality. 
 
SEC. 23. Process and Periods. – Cases filed with the Commission shall have 
the following periods: 
 
a) The Executive Director shall, within five (5) days from the date of the 
filing, assign the case to a Migrant worker arbiter for amicable 
settlement; 
b) The Migrant worker arbiter shall, within ten (10) calendar days from 
the date of receipt from the Executive Director, try to amicably settle 
the dispute. The settlement or compromise agreement, if any, shall 
have the effect of res judicata. After the lapse of the ten (10) calendar 
days without reaching a settlement, the Migrant worker arbiter shall 
refer or endorse the case to the Conciliator-mediator for mandatory 
conciliation-mediation.  The Executive Director shall assign the case 
to a specific Conciliator-mediator.  
c) The Conciliator-mediator shall have thirty (30) calendar days upon 
receipt of the case from the Migrant worker arbiter to undergo 
mandatory conciliation-mediation. The settlement, if any, shall have 
the effect of res judicata. If no settlement is reached, the case shall 
be submitted to the handling Migrant worker arbiter for hearing and 
decision; 


 
 
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d) The Migrant worker arbiter shall hear and decide the case within sixty 
(60) calendar days from submission by the Conciliator-mediator; 
e) Judgments, awards, or orders of the Migrant worker arbiter are final 
and executory unless appealed to the Commission by any or both 
parties within ten (10) calendar days from receipt of such judgments, 
awards, or orders;  
f) The Commission shall decide all cases within ninety (90) calendar 
days from receipt of the appealed judgment, order, or award of the 
Migrant worker arbiter to dispose of the case with finality; and 
g) Judgments, awards, or orders of the Commission shall be appealable 
to the Court of Appeals in accordance with Sec. 9 (3) of Batas 
Pambansa Blg.129, as amended otherwise known as the Judiciary 
Reorganization Act of 1980. 
 
In the cases mentioned herein, judgments, orders, and awards of the 
Commission shall be immediately executory, except for those mentioned in 
Section 19 d) and e) when subjected to appeal or judicial review. 
 
The periods given to the Conciliator-mediator or the Migrant worker 
arbiter may be extended by the Executive Director on meritorious grounds, but 
in no case shall exceed ten (10) days for the Conciliator-mediator, or twenty 
(20) days for the Migrant worker arbiter.  
 
The Commission may extend its own period on meritorious grounds, but 
in no case shall extend beyond thirty (30) days.  
 
SEC. 24. Appearances and Fees. –  
 
a) Non-lawyers shall not appear before the Commission or any 
Migrant worker arbiter, except:  
 
a. If they represent themselves; or 
b. If they represent their organization or members thereof. 
 
b) No negotiation fees or similar charges of any kind arising from any 
case involving the settlement of any case of Filipino migrant 
workers shall be imposed; Provided, however, that attorney’s fees 
may be charged only in an amount to be agreed upon by the 
parties but in no case be more than 10% of the total claim or 
award, whichever is lower, and approved by the Migrant worker 
arbiters, taking into consideration the unreasonable fees charged 
by Ambulance Chasers, as defined and provided in Republic Act 
No. 10706 also known as the Seafarer’s Protection Act; Provided, 
finally, that the provisions of R.A. No. 10706 shall apply to all 
OFWs whether land-based or sea-based. Any contract, 
agreement, or arrangement, whether verbal or in writing, providing 
for higher fees shall be null and void. 
 
SEC. 25. Prescription. – Claims and other causes of action under this Act shall 
prescribe in three (3) years. 


 
 
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SEC. 26. Docket Fees and Fines. – The Commission may impose docket fees 
for each case filed; Provided, that the fees shall be kept minimal in order to ensure 
greater access to justice; Provided further, that indigents shall be exempt from paying 
docket fees upon presentation of a certificate of indigency or other proofs of their 
incapacity to pay the required fees. 
 
The docket fees, along with the other fines imposed by the Commission 
consistent with the provisions of this Act, shall be retained by the Commission, and 
shall be allocated for the enhancement of employee welfare and the promotion of 
capacity building for the Migrant worker arbiters, conciliators-mediators, commission 
attorneys, and other officials and employees of the Commission. 
 
SEC. 27. Disqualifications. – The Chairman, any of the Commissioners, any 
migrant worker arbiters, conciliator-mediator or other officer or employee of the 
Commission shall not intervene, directly or indirectly, in the management or control of 
any private enterprise which in any way may be affected by the functions of the 
Commission. No person who has once served in the Commission in a permanent 
capacity, either as Chairman, Commissioner, or as migrant worker arbiters thereof, 
shall be qualified to practice as counsel before the Commission for a period of one 
year from his separation therefrom for any cause. 
 
SEC. 28. Pending Cases to be Transferred to the Commission. – All cases 
falling under the jurisdiction of the Commission as provided herein which are pending 
determination before the National Labor Relations Commission (NLRC) shall be 
transferred by the NLRC to the Commission for final disposition thereof within one 
hundred eighty (180) days from the passage of this Act.  
 
SEC. 29. Structure and Staffing Pattern of the Commission. – The 
Department of Migrant Workers, in consultation with the Civil Service Commission, 
shall prepare the organization structure of the of the Commission for approval of the 
DBM. Thereafter, after three (3) years from its constitution, the Commission, in 
consultation with the DMW and CSC, may propose to the DBM a restructuring of its 
existing organizational structure, as well as the creation of new offices or units therein.  
 
SEC. 30. Oversight Provision. – There is hereby created a Congressional 
Oversight Committee to monitor the implementation of this Act, composed of five (5) 
members from the Senate and five (5) members from the House of Representatives. 
The Oversight Committee shall be co-chaired by the Chairperson of the Senate 
Committee on Migrant Workers and the Chairperson of the House of Representatives 
Committee on Overseas Workers Affairs. The other members of the Oversight 
Committee from the Senate and the House of Representatives, with at least one (1) 
member from the Minority from each chamber, shall be designated by the Senate 
President and Speaker of House of Representatives, respectively. 
 
The Commission shall submit to the Congressional Oversight Committee an 
annual report which shall indicate its accomplishments, statistics, observations, and 
recommendations, and other relevant information pertaining to the performance of the 
mandate of the Commission. It shall be submitted not later than June 1 of every year. 
 


 
 
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The Congressional Oversight Committee shall conduct periodic review of the 
provisions of this Act every five (5) years and shall recommend the necessary 
amendments of this Act, if warranted. 
 
SEC. 31. Appropriations. – The amount necessary for the initial 
implementation of this Act shall be charged out of any funds from the National Treasury 
not otherwise appropriated, for the office, salaries and the purchase of supplies and 
equipment necessary for the operation of the Commission herein established during 
the current fiscal year. Thereafter the funds necessary for the operation of the 
Commission shall be included in the General Appropriation Act. 
 
SEC. 32.  Implementing Rules and Regulations. – The DMW, in consultation 
with the DBM, the CSC, and the NLRC shall promulgate the implementing rules and 
regulations within ninety (90) days from the passage of this Act. 
 
SEC. 33. Separability Clause. – If, for any reason, any section, clause, or term 
of this Act is held to be illegal, invalid, or unconstitutional, such parts not affected by 
such declaration shall remain in full force and effect. 
 
SEC. 34.  Repealing Clause. – All laws, presidential decrees, issuances, 
executive orders, letters of instruction, rules, or regulations inconsistent with the 
provisions of this Act are hereby repealed or modified accordingly. 
 
SEC. 35.  Effectivity. – This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in a newspaper of general circulation.  
 
Approved.