FOURTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHIILIPPINES 
1 
7 JUN 30 p? '4; 
First Regular Session 
1 
SENATE 
S.B. NO. - 
154 
Introduced by SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The passage of the Migrant Workers and Overseas Filipino Act of 1995 reflects 
the utmost concern of the government on the welfare of the OFWs. It is only proper as 
OFWs deserve the concern, having proven that they can help ease the burden of the very 
economy that drove them to work abroad and be far from their families. 
The law, after twelve (12) years, shows that it cannot be the solid basis for our 
national policy on OFWs as some ideas and assumptions in the law proved to be 
unimplementable. 
This bill is a result of extensive deliberations at the committee level of Senate in 
the 13'h Congress, and contains the inputs of various stakeholders, particularly the 
concerned government agencies and the OFW communities. 
This bill shall make RA 8042 a law that truly and realistically establishes higher 
standards of protection for OFWs and their families. 
The urgent passage of this bill is therefore urged. 
ESTRADA 
\___)Senator 


~L.’;: +?:ATE 
Qf-FFt:E <)I’ ;;$E ~~~1~~~~~~ 
FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
7 JUN 30 P2 :a I 
First Regular Session 
1 
SENATE 
. .  
S.B. No. 
154 
Introduced by SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
AMENDING REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS THE 
MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995, FURTHER 
IMPROVING THE HIGHER STANDARD OF PROTECTION AND 
PROMOTION OF THE WELFARE OF MIGRANT WORKERS, THEIR 
FAMILIES AND OVERSEAS FILIPINOS IN DISTRESS, AND FOR OTHER 
PURPOSES 
Be enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
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SEC. 1. Short Title. - This Act shall be known and cited as the “Revised Migrant 
Workers and Overseas Filipinos Act of 2007”. 
SEC. 2. Declaration of Policies. - (a) In the pursuit of an independent foreign 
policy and while considering national sovereignty, territorial integrity, national interest 
and the right to self-determination paramount in its relations with other States, the State 
shall, at all times, uphold the dignity of its citizens whether in the country or overseas, in 
general, and Filipino migrant workers, in particular, CONTINUOUSLY MONITOR 
INTERNATIONAL CONVENTIONS, ADOPTBE SIGNATORY TO AND 
RATIFY THOSE THAT GUARANTEE PROTECTION TO OUR MIGRANT 
WORKERS, AND ENDEAVOR TO ENTER INTO BILATERAL AGREEMENTS 
WITH COUNTRIES HOSTING OFWs. 
(b) The State shall afford full protection to Iabor, local and overseas, organized and 
unorganized, and promote full employment and equality of employment opportunities for 
all. Towards this end, the State shall provide adequate and timely social, economic and 
legal services to Filipino migrant workers. 
(c) While recognizing the significant contribution of Filipino migrant workers to the 
national economy through their foreign exchange remittances, the State does not promote 
overseas employment as a means to sustain economic growth and achieve national 
development. The existence of the overseas employment program rests solely on the 
assurance that the dignity and fundamental human rights and freedoms of the Filipino 
citizen shall not, at any time, be compromised or violated. The State therefore, shall 


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continuously create local employment opportunities and promote the equitable 
distribution of wealth and the benefits of development. 
(d) The State affirms the fundamental equality before the law of women and men and the 
significant role of women in nation building. Recognizing the contribution of overseas 
migrant workers and their particular vulnerabilities, the State shall apply gender sensitive 
criteria in the formulation and implementation of policies and programs affecting migrant 
workers and the composition of bodies tasked for the welfare of the migrant workers. 
(e) Free access to the courts and the quasi-judicial bodies and adequate legal assistance 
shall not be denied to any person by reason of poverty. In this regard, it is imperative that 
an effective mechanism he instituted to ensure that the rights and interest of distressed 
overseas Filipinos in general, and Filipino migrant workers, in particular, documented or 
undocumented, are adequately protected and safeguarded. 
(f) The right of Filipino migrant workers and all overseas Filipinos to participate in the 
democratic decision-making process of the State and to he represented in institutions 
relevant to overseas employment is recognized and guaranteed. 
(g) The State recognizes that the POSSESION OF SKILLS BY [ultimate protection to 
all] migrant workers is THE MOST EFFECTIVE TOOL FOR EMPOWERMENT 
[the possession of skills]. Pursuant to this and as soon as practicable, the government 
shall [deploy and/or allow the deployment only to skilled Filipino workers] PROVIDE 
FREE AND ACCESSIBLE SKILLS DEVELOPMENT AND ENHANCEMENT 
PROGRAMS. 
(h) Non-governmental organizations, AND TRADE UNIONS, 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 the spirit of trust 
and 
mutual 
respect. 
THE SIGNIFICANT CONTRIBUTIONS OF THE 
RECRUITMENT AND MANNING AGENCIES SHALL FORM PART OF THIS 
PARTNERSHIP. 
(i) Government fees and other administrative costs of recruitment, introduction, 
placement and assistance to migrant workers shall be rendered free without prejudice to 
the provision of Section 36 hereof. 
Nonetheless, the deployment of Filipino overseas workers, whether land-based or sea- 
based by local service contractor and manning agencies employing them shall be 
encouraged. Appropriate incentives may be exfended to them. 
Section 3. Section 3 of RA #8042 is hereby amended to read as follows: 
“SEC. 3. Definitions. -For purpose of this Act: 
(a) YMigrant worker”] “ 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 legal resident OR ON BOARD A VESSEL PLYING 
INTERNATIONAL WATERS; to be used interchangeably with [overseas Filipino 
worker] MIGRANT WORKERS. 
(b) “Gender-sensitivit4.” shdl mean cognizance of the jnequalities and inequities 


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prevalent in society between women and men and a commitment to address issues with 
concern for the respective interest in the sexes. 
(c) “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 
(d) PERIOD OF DEPLOYMENT- REFERS TO THE PERIOD FROM THE 
SIGNING OF THE CONTRACT FOR OVERSEAS EMPLOYMENT UP TO THE 
DATE OF THE ACTUAL DEPARTURE OF THE OVERSEAS FILIPINO 
WORKER FROM THE PHILIPPINES. 
(e) COMMENCEMENT OF EMPLOYMENT- REFERS TO THE DATE OF THE 
ACTUAL DEPARTURE OF THE OVERSEAS FILIPINO WORKER FROM THE 
PHILIPPINES FOR THE COUNTRY OF WORK. 
(0 TRAFFICKING OF PERSONS SHALL MEAN THE RECRUITMENT, 
TRANSPORTATION, TRANSFER, HARBORING OR RECEIPT OF PERSONS, 
BY MEANS OF VIOLENCE, COERCION, DECEPTION OR ABUSE OF 
AUTHORITY FOR PURPOSES OF EXPLOITATION. 
(g) EXPLOITATION SHALL INCLUDE AT THE MINIMUM, ALL FORMS OF 
SEXUAL EXPLOITATION, FORCED LABOR OR SERVICES, SLAVERY OR 
PRACTICES SIMILAR TO SLAVERY OR SERVITUDE. 
Section 4. Section 4 is hereby amended to read as follows: 
“SEC. 4. Deployment ofMigrunt Workers. - The State shall [deploy] ALLOW 
DEPLOYMENT OF overseas Filipino workers only in countries where the rights of 
Filipino migrant workers are protected. The government recognizes any of the following 
as a guarantee on the part of the receiving country for the protection and the rights of 
overseas Filipino workers: 
(a) It has existing labor and social laws protecting the rights of migrant workers; 
(b) It is a signatory to multilateral conventions, declarations or resolutions relating to the 
protection of migrant workers; 
(c) It has included a bilateral agreement or arrangement with the government protecting 
the rights as overseas Filipino workers; and 
(d) THERE ARE PROOFS THAT [[I it is taking positive, concrete measwes to protect 
the rights of migrant workers. 
FURTHER, THE STATE SHALL ALLOW THE DEPLOYMENT OF OVERSEAS 
FILIPINO WORKERS WHO ARE INTERNATIONAL SEAFARERS ONLY TO 
INTERNATIONAL LAWS AND STANDARDS. 
INTERNATIONAL SEA-GOING VESSELS WHICH ARE COMPLYING WITH 
“SEC. 5. Termination or Bun in Deployment- Notwithstanding the provisions of 
Section 4 hereof, the government, in pursuit of the national interest or when public 
welfare so requires, may, at any time, terminate or impose a ban on the deployment of 
migrant workers. 


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Section 6. Section 6 of RA #SO42 is hereby amended to read as follows. 
“SEC. 6. Definition. - For purposes of this Act, illegal recruitment shall mean: 
(1) any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or 
procuring workers and includes referring, contract services, promising or advertising for 
employment abroad, OR ON BOARD INTERNATIONAL SEA-GOING VESSELB 
whether for profit or not, when under-taken by a non license or holder of authority 
contemplated under article 13 (0 of Presidential Decree No. 442, as amended, otherwise 
known as the Labor Code of the Philippines: Provided, That any such non-licensee or 
non-holder who, in any manner, offers or promises for a fee abroad OR ON BOARD 
INTERNATIONAL SEA-GOING VESSELlS to two or more persons shall be deemed 
so engaged. 
(2) It shall likewise include any of the following acts, whether committed by any 
person, whether a non-licensee, non-holder, licensee or holder of authority: 
(a) To charge or accept directly or indirectly any amount greater than that specified in the 
schedule of allowable fees prescribed by the Secretary of the Labor and Employment, or 
to make a worker pay any amount greater than that actually received by him as a loan or 
advance; OR TO MAKE THE WORKER ISSUE POSTDATED CHECKS IN 
RELATION TO THE RECRUITMENT 
(b) To furnish or publish any false notice or information or document in relation to 
recruitment or employment; 
(c) To give any false notice testimony, information, document, or commit any act of 
misrepresentation for the purpose of securing a license or authority under the Labor 
Code; 
(d) To induce or attempt to induce a worker already employed to quit his 
employment in order to offer him another unless the transfer is designed to liberate a 
worker from oppressive terms and conditions of employment; 
(e) To influence or attempt to influence any person or entity not to employ any worker 
who has not applied for employment to his agency [;I, OR WHO FORMS, JOINS, OR 
SUPPORTS, OR HAS CONTACTED OR IS SUPPORTED BY ANY UNION OR 
WORKERS’ ORGANIZATION; 
(f) To engage in the recruitment or placement of workers in jobs harmful to public health 
or morality or to the dignity of the Republic of the Philippines; 
(g) To obstruct or attempt to obstruct inspection by the Secretary of Labor and 
Employment or by his duly authorized representative; 
(h) To fail to submit reports on the status of employment, placement vacancies, 
remittance of foreign exchange earnings, separation from the jobs, departures and such 
other matters or information as may be required by the Secretary of Labor and 
Employment; 


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(i) To substitute or alter to the prejudice of the worker, employment contracts approved 
and verified by the Department of Labor and Employment from the time of actual signing 
thereof by the parties up to and including the period of the expiration of the same without 
the approval of the Department of Labor and Employment: 
(i) For an officer or agent of a recruitment or placement agency to become an officer or 
member of the Board of any corporation engaged in travel agency or to be engaged 
directly or indirectly in the management of a bavel agency; 
(k) To withhold or deny travel documents from applicant workers before departure for 
monetary or financial considerations, OR FOR ANY OTHER REASON other than 
those authorized under the Labor Code and its implementing rules and regulations; 
(1) Failure to actually deploy without valid reasons [as determined by the Department of 
Labor and Employment]; and 
(m) Failure to reimburse expenses incurred by the worker in connection with his 
documentation and processing for purposes of deployment, in cases where the 
deployment does not actually take place without the worker’s fault. 
(N) TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN BY 
RECRUITMENT AND PLACEMENT 
Illegal recruitment when committed by a syndicate or in a large scale shall be considered 
an offense involving economic sabotage. 
Illegal recruitment is deemed committed by a syndicate if carried out by a group of three 
(3) or more persons conspiring or confederating with one another. It is deemed 
committed in large scale if committed against three (3) or more persons individually or as 
a group. 
The persons criminally liable for the above offenses are the principals, accomplices and 
accessories. In the case of juridical persons, the officers having control, management or 
direction of their business shaIl he liable. 
TO FURTHER INTENSIFY THE FIGHT AGAINST ILLEGAL RECRUITMENT, 
SHALL RECOMMEND TO THE PROPER AUTHORITY, THE IMMEDIATE 
ISSUANCE OF 
A WARRANT OF ARREST TO ILLEGAL RECRUITERS 
FOUND DURING THE CONDUCT OF SURVEILLANCE OR CLOSURE OF 
ESTABLISHMENTS USED FOR THE PURPOSE, AND 
FOR THEIR 
ACTIVITIES. 
THE POEA THROUGH ITS ANTI-ILLEGAL RECRUITMENT BRANCH 
ENTRAPMENT OPERATIONS FOR ON-GOING ILLEGAL RECRUITMENT 
Section 7. Section 7 of RA # 8042 is hereby amended to read as follows: 
“Section. 7. Penalties. - (a) Any person found guilty of illegal recruitment shall 
suffer the penalty of imprisonment of not less than six (6) years and one (1) day but not 
more than twelve (12) years and a fine of not less than Two hundred thousand pesos 
(P200,OOO.OO) nor more than Five hundred thousand pesos (P500,OOO.OO). (b) The 
penalty of life imprisonment and a fine of not less than Five hundred thousand pesos 
(500,000.00) nor more than One million pesos (Pl, 000,000.00) shall be imposed if 
illegal recruitment constitutes an economic sabotage as defined herein. 


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Provided, However, That the maximum penalty shall be imposed if the person illegally 
recruited is less than eighteen (1 8) years of age or committed FOR TRAFFICKING OF 
PERSONS OR by a non-licensee or non-holder of authority.” 
SEC. 8. Prohibition on Officiah and Employees. - It shall be unlawful for any 
official or employee of the Department of Labor and Employment, the Philippine 
Overseas Employment Administration (POEA), or the Overseas Workers Welfare 
Administration (OWWA), or the Department of Foreign Affairs, or other government 
agencies involved in the implementation of this Act, or their relatives within the fourth 
civil degree of consanguinity or affinity, to engage, directly or indirectly, in the business 
of recruiting migrant workers as defined in this Act. The penalties provided in the 
immediate preceding paragraph shall be imposed upon them. 
SEC. 9. Venue. - A criminal action arising from illegal recruitment as defined 
herein shall be filed with the Regional Trial Court of the province or the city where the 
offense was committed or where the offended party actually resides at the time of the 
commission of the offense: Provided that the court where the criminal action is first filed 
shall acquire jurisdiction to the exclusion of other courts: Provided, however, that the 
aforestated provisions shall apply to those criminal actions that have already been filed in 
the court at the time of the effectivity of this Act. 
Section 10. Section 10 of FL4 #8402 is hereby amended to read as follows: 
SEC. 10. Money claims. Notwithstanding any provision of law to the contrary, 
the Labor Arbiters of the National Labor Relations Commission (NLRC) shall have the 
original and exclusive jurisdiction to hear and decide, within ONE HUNDRED AND 
TWENTY (120) [ninety (90)] calendar days after the filing of the complaint, the claim 
arising out of the employer-employee relationship or by virtue of any law or contract 
involving Filipino workers for overseas deployment including claims for actual, moral, 
and exemplary and other forms of damages. FOR THIS PURPOSE, TWO (2) 
ADDITIONAL DIVISIONS IN THE NATIONAL. LABOR RELATIONS 
COMMISSION SHALL BE CREATED AND AN ADDITIONAL NUMBER OF 
LABOR ARBITERS AND STAFF COMPLEMENT SHALL BE APPOINTED, AS 
NEEDED. 
The liability of the principal/employer and the recruitmentlplacement agency for any and 
all claims under this Section shall be joint and several. This provision shall be 
incorporated in the contract for overseas employment and shall be a condition precedent 
for its approval. The performance bond to be filed by the recruitmentlplacement agency 
as provided by law, shall be answerable to all money claims or damages that may be 
awarded to the workers. If the recruitment/placement agency is a juridical being, the 
corporate officers and directors and partners as the case may be, shall themselves be 
jointly and solidarily liable with the corporation or partnership for the aforesaid claims 
and damages. ANY AGENCY WHO ASSUMES THIS LIABILITY SHALL 
LIKEWISE BE JOINT AND SOLIDARILY LIABLE TO THE SAID CLAIMS OF 
THE OFW. 
Such liabilities shall continue during the entire period or duration of the employment 
contract and shall not be affected by any substitution, amendment or modification made 
locally or in foreign country of the said contract. 


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Any compromise/amicable settlement or voluntary agreement on money claims inclusive 
of damages under this Section shall be paid within four (4) months from the approval of 
the settlement by the appropriate authority. 
In case of termination of overseas employment without just, valid or authorized cause as 
defined by law or contract, the workers shall be entitled to the full reimbursement of his 
placement fee with interest of twelve percent (12%) per annum, COMPUTED FROM 
THE DATE THE CONTRACT WAS ILLEGALLY TERMINATED, plus his 
salaries for the unexpired portion of his employment contract or for three (3) months for 
every year of the unexpired term, whichever is less. 
Noncompliance with the mandatory periods for resolution of cases provided in this 
section shall subject the responsible officials to any or all of the following penalties: 
(a) The salary of any such official who fails to render his decision or resolution within the 
prescribed period shall be, or caused to be, withheld until the said official complies 
therewith; 
(b) Suspension for not more than ninety (90) days; or 
(c) Dismissal from the service with disqualification to hold any appointive public office 
for five (5) years. 
(d) Provided, however, That the penalties herein provided shall be without prejudice to 
any liability which any such official may have incurred under other existing laws or rules 
and regulations as a consequence of violating the provisions of this paragraph. 
Section 11. Section 11 is hereby amended as follows: 
“SEC. 11. Mandatory Periods for Resolution of Illegal Recruitment Cases. - 
The preliminary investigations of cases under this Act shall be terminated within a period 
of thirty (30) calendar days from the date of their filing. Where the preliminary 
investigation is conducted by a prosecution officer and a prima facie case is established, 
the corresponding information shall be filed in court within twenty-four (24) hours fiom 
the termination of the investigation. If the preliminary investigation is conducted by a 
judge and a prima facie case is found to exist, the corresponding information shall be 
filed with the proper prosecution officer within forty-eight (48) hours from the date of the 
receipt of the records of the case. 
FOR THIS PURPOSE, THE PROSECUTION OFFICER SHALL MEAN 
BRANCH OF THE POEA WHO SHALL HAVE THE SAME RANK, SALARY 
AND PRIVILEGES AS THAT OF THE PROSECUTION OFFICERS OF THE 
DEPARTMENT OF JUSTICE. 
THE PROSECUTION ATTORNEYS OF THE ANTI-ILLEGAL RECRUITMENT 
Section 12. Section 12 of R. A. SO42 is hereby amended as follows: 
“SECTION 12. Prescriptive Periods. - Illegal recruitment cases under this Act 
shall prescribe in five (5) years: Provided, however, That illegal recruitment cases 
OFWs AND ILLEGAL RECRUITMENT THROUGH TRAFFICKING OF 
PERSONS 
involving economic sabotage as defined herein, 
INVOLVING 
UNDER- AGE 
shall prescribe in twenty (20) years. 


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Section 13. Section 13 of R. A. 8042 is hereby amended to read as follows: 
SEC 13. Free legal assistance; Preferential Entitlement Under the Witness 
Protection Program -A mechanism for free legal assistance for victims of illegal 
recruitment shall be established IN THE ANTI-ILLEGAL BRANCH OF 
THE 
PHILIPPLINE OVERSEAS EMPLOYMENT ADMINISTRATION (POEA) [within 
the Department of Labor and Employment] including its regional offices. Such 
mechanism SHALL [must] include coordination and cooperation with the Department of 
Justice, the Integrated Bar of the Philippines, and other non-governmental organizations 
and volunteer groups. 
The provisions of republic Act 6981 to the contrary not withstanding any person who is a 
victim of illegal recruitment shall be entitled to the Witness Protection Program provided 
there under. 
SEC. 14. Travel AdvisoryLnformation Dissemination. - To give utmost priority 
to the establishments of programs and services to prevent illegal recruitment, fraud and 
exploitation or abuse of Filipino migrant workers, all embassies and consular offices, 
through the Philippine Overseas Employment Administration (POEA), shall issue travel 
advisories or disseminate information on labor and employment conditions, migration 
realities and other facts; and adherence of particular countries to international standards 
on human workers’ rights which will adequately prepare individuals into making 
informed and intelligent decisions about overseas employment. Such advisory or 
information shall be published in a newspaper of general circulation at least three (3) 
times in every quarter. 
Section 15. Section 15 of RA #8042 is hereby amended as follows: 
“Section. 15. Repatriation of Workers; Emergency Repatriation Fund. - The 
repatriation of the worker and the transport of his personal belongings shall be the 
primary responsibility of the agency, which recruited or deployed the worker overseas. 
All costs attendant to repatriation shall be borne by or charged to the agency concerned 
and/or its principal. Likewise, the repatriation of remains and transport of personal 
belongings of a deceased worker and all costs attendant thereto shall be borne by the 
principal andor the local agency; FURTHER, IN CASE REPATRIATION IS 
DELAYED DUE TO NO FAULT OF THE MIGRANT WORKER, THE 
PRINCIPAL AND/OR LOCAL AGENCY SHALL PAY FOR THE BASIC NEEDS 
SUCH AS FOOD AND SHELTER OF THE WORKER WHILE ABROAD; 
However, in cases where the termination of employment is due solely to the fault of the 
worker, the principal/employer or agency shall not in any manner be responsible for the 
repatriation of the former and/or his belongings. 
The Overseas Workers Welfare Administration (OWWA), in cooperation with 
appropriate international agencies, shall undertake the repatriation of the workers in cases 
of war, epidemic, disasters or calamities, natural or manmade, and other similar events 
without prejudice to reimbursement by the responsible principal or agency. However, in 
the cases where the principal or recruitment agency cannot be identified, all costs 
attendant to repatriation shall be borne by (the OWWA) THE EMERGENCY 
REPATRIATION FUND. 
For this purpose, there is hereby created and established an emergency repatriation fund 
under the administration, control and supervision of OWWA, initially to consist of One 


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Hundred Million Pesos (P100, OOO,OOO.OO), which shall be taken from the existing fund 
controlled and administered by the OWWA. ThereaAer, such fund shall be provided for 
in the General Appropriations Act from year to year; Provided, that the amount provided 
shall in no case be less than One Hundred Million Pesos (P100, OOO,OOO.OO), inclusive of 
outstanding balances. 
SEC. 16. Mandatory Repatriation of Underage Migrant Workers, - Upon 
discovery or being informed of the presence of migrant worker whose actual age fall 
below the minimum age requirement for overseas deployment, the responsible officers in 
the foreign service shall without delay repatriate said workers and advice the Department 
of Foreign Affairs through the fastest means of communication available of such 
discovery and other relevant information. 
Section 17. Section 17 of RA #8402 is hereby amended to read as follows: 
“Section 17. Establishment of Re-placement and Monitoring Center- A re- 
placement and monitoring center is hereby created in the Department of Labor and 
Employment for returning Filipino migrant workers which shall provide a mechanism for 
their reintegration into the Philippine society, serve as a promotion house for their local 
employment, and tap their skills and potentials for national development. 
The Department of Labor, the Overseas Workers Welfare Administration, and the 
Philippine Overseas Employment Administration shall, within ninety (90) days from the 
affectivity of this Act, formulate a program, AFTER CONSULTATION WITH THE 
CONCERNED SECTORS, that would motivate migrant workers to plan for productive 
options such as entry into highly technical jobs or undertakings, livelihood and 
entrepreneurial development, better wage employment, and investment of savings. 
For this purpose, the Technical Education and Skills Development Authority (TESDA), 
the Technology Livelihood Resource Center (TLRC), and other government agencies 
involved in training and livelihood development shall give priority to returnees who had 
been employed as domestic helpers and entertainers. 
SEC.18. Functions of the Re-placement and Monitoring Center - The Center 
shall provide the following services: 
(a) Development livelihood programs and projects for returning Filipino migrant 
workers in coordination with the private sector; 
(b) Coordinate with appropriate private and government agencies in the promotion, 
development, re-placement and the full utilization of their potentials; 
(c) Institute, in cooperation with other government agencies concerned, a computer - 
based information system on skilled Filipino migrant workers, which shall be 
accessible to all local recruitment agencies and employers, both public and 
private; 
(d) Provide a periodic study and assessment of job opportunities for returning 
Filipino migrant workers; and 
(e) Develop and implement other appropriate program to promote the welfare of 
returning Filipino migrant workers. 


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SEC. 19. Esiubhbment of a Migrant Workers and Other Overseas Filipinos 
Resource Center- Within the premises and under the administrative jurisdiction of 
the Philippine Embassy in countries where there are large concentrations of Filipino 
migrant workers, there shall be established a Migrant Workers and Other Overseas 
Filipinos Resource Center with the following services: 
(a) Counseling and legal services: 
(b) Welfare assistance including the procurement of medical and hospitalization 
services; 
(c) Information, advisory and programs to promote social integration such as 
post-arrival orientation, settlement and community networking services and 
activities for soda interaction. 
(d) Institute a scheme of registration of undocumented workers to bring them 
within the purview of this Act. For this purpose, the Center is enjoined to 
compel existing undocumented workers to register with it within six (6) 
months from the affectivity of this Act, under pain of having hisher passport 
cancelled; 
(e) Human resource development, such as training and skills upgrading; 
(f) Gender sensitive programs and activities to assist particular needs of women 
(9) Orientation program for returning workers and other migrants; and 
(h) Monitoring of daily situations, circumstances and activities affecting migrant 
migrant workers; 
workers and other overseas Filipino. 
The establishment and operations of the Center shall be a joint undertaking of the 
various government agencies. The Center shall be open for twenty-four (24) hours 
daily including Saturdays, Sundays, and holidays, and shall be staffed by Foreign 
Service personnel, service attaches or officers who represent other Philippine 
government agencies abroad and, if available, individual volunteers and bona fide 
non-government organizations from the host countries. In countries categorized as 
highly problematic by the Department of Foreign Affairs and the Department of 
Labor and Employment and where there is a concentration of Filipino migrant 
workers, the government must provide a lawyer and a social worker for the Center. 
The Labor Attach6 shall coordinate the operation of the Center and shall keep the 
Chief of Mission informed and updated on all matters affecting it. 
The center shall have a counterpart 24-hour information and assistance center at the 
Department of Foreign Affairs to ensure a continuous network and coordinative 
mechanism at the home office. 
Section 20. Section 20 of RA #8042 is hereby amended to read as follows: 
“Section 20. Establishment of a shared Government Information System for 
Migration. -An inter-agency committee CO-CHAIRED BY THE DEPARTMENT 
OF LABOR AND EMPLOYMENT AND THE [and composed of the] Department 
of Foreign Affairs, FOR LOCAL AND 
OVERSEAS OPERATIONS, 
RESPECTIVELY, and THEIR [its] attached AGENCIES [agency, the 
Commission on Filipino Overseas, the Department of Labor and Employment, the 
Philippine Overseas Employment administration, the Overseas Workers Welfare 
Administration], the Department of Tourism, the Department of Justice, the Bureau of 
Immigration, the National Bureau of Investigation, THE NATIONAL COMPUTER 


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CENTER and the National Statistics Office shall be established to implement a 
shared government information system for migration. The inter-agency committee 
shall initially make available to itself the information contained in existing data 
baselfiles. 
The second phase shall involve linking of computer facilities in order to allow 
free-flow of data exchanged and sharing among concerned agencies. The inter-agency 
committee shall convene to identify existing databases, which shall be classified and 
shared among member agencies. These shared databases shall initially include, but 
not be limited to, the following information: 
(a) Master list of Filipino migrantloverseas Filipino classified according to 
occupationljob category, civil status, by country/state of destination including visa 
classification, 
(b) Inventory of pending legal cases involving Filipino migrant workers and 
other Filipino nationals, including those serving prison terms; 
(c) Master lists of departing/arriving Filipinos; 
(d) Statistical profile on migrant Filipino workers/overseas Filipinos/tourists; 
(e) Blacklisted foreignershdesirable aliens; 
(0 Basic data on legal systems, immigration policies, marriage laws and civil 
and criminal codes in receiving countries particularly those with the large number of 
Filipinos; 
(g) List of labor and other human rights instruments where receiving countries 
are signatories; 
(h) A tracking system of past and present gender disaggregated cases 
involving male and female migrant workers; and 
(i) L isting of overseas posts, which may render assistance to overseas 
Filipinos, in general, and migrant workers, in particular. 
Section 21. Section 21 of RA #SO42 is hereby deleted 
[Sec. 21. Migrant Workers Loan Guarantee Fund. - in order to further prevent 
unscrupulous illegal recruiters from talcing advantage of the workers seeking 
employment abroad, the OWWA in cooperation with government financial 
institutions, shall institute financial schemes that will expand the grant of pro- 
departure and family assistance loan. For this purpose, a Migrant Workers Loan 
Guarantee Fund is hereby created and the revolving amount of One hundred million 
pesos (P100,000,000.00) from the OWWA is set aside as a guarantee fund in favor of 
participating government financial institutions.] 
SEC. 
21 [ 221. Rights and Enforcement Mechanism Under the 
International and Regional Human Rights System - The Department of Foreign 
Affairs is mandated to undertake the necessary initiative such as promotions, 
acceptance or adherence of countries receiving Filipino workers to multilateral 


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convention, declaration or resolutions pertaining to the protection of migrant workers. 
The Department of Foreign Affairs is also mandated to make an assessment of rights 
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 practicable and through the Legal Assistant of Migrant Workers Affairs created 
under this Act, pursue the same on behalf of the victim if it is legally impossible to 
file individual complaints. If a complaints machinery is available under international 
and regional systems, the Department of Foreign Affairs shall fully apprise the 
Filipino migrant workers ofthe existence and effectiveness of such legal options. 
Section 22. Section 23 of RA # SO42 is hereby amended to read as follows: 
SEC. 22 [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 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 overseas Filipino: 
(b) Department of Labor and Employment - The Department of Labor and 
Employment shall see to it that labor and social welfare in other countries are fairly 
applied to migrant workers and whenever applicable, to other overseas Filipinos 
including the grant of legal assistance and the referral to proper medical centers or 
hospitals [:I. FOR THE EFFICIENT MANAGEMENT OF OVERSEAS 
EMPLOYMENT, THE SECRETARY OF LABOR AND EMPLOYMENT 
SHALL MAKE AN ASSESSMENT OF THE SCOPE OF ANY SPECIFIC 
DEREGULATION NEEDED FOR ECONOMIC DEVELOPMENT, TAKING 
INTO PRIMARY CONSIDERATION THE WELFARE OF OUR MIGRANT 
WORKERS, IMMEDIATELY AFTER THE EFFECTIVITY OF THIS ACT 
AND EVERY THREE YEARS THEREAFTER, EACH TIME UPON 
CONSULTATION WITH THE CONCERNED SECTORS. 
(b. 1) Philippine Overseas Employment Administration - [Subject to deregulation and 
phase-out as provided under sections 29 and 30 herein, the administration shall 
regulate private sector participation in the recruitment and overseas placement of 
workers by setting up a licensing and registration system. It shall also formulate and 
implement, in coordination with the appropriate entities concerned, when necessary, a 
system for promoting and monitoring the overseas employment of Filipino Workers 
taking into consideration their welfare and the domestic manpower requirements.] 
POEA SHALL BE RESPONSIBLE FOR THE MANAGEMENT OF 
SECURING THE BEST POSSIBLE TERMS AND CONDITIONS FOR 
OVERSEAS EMPLOYMENT, CONSIDERING THE NEED OF THE 
VULNERABLE SECTORS AND THE PECULARTTIES OF OVERSEAS 
FILIPINO WORKERS WHO ARE SEA BASED AND LAND BASED. POEA 
SHALL ALSO BE RESPONSIBLE FOR THE INTENSIFIED PROGRAM 
AGAINST ILLEGAL RECRUITMENT ACTIVITIES. FOR THIS PURPOSE, 
ILLEGAL 
RECRUITMENT 
BRANCH 
OF 
POEA 
IS 
HEREBY 
OVERSEAS EMPLOYMENT AT THE PRE-EMPLOYMENT STAGE, 
AN ANTI-ILLEGAL RECRUITMENT PROGRAM UNDER THE ANTI- 


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INSTITUTIONALIZED, AND FUNDED BY 10% OF THE ANNUAL INCOME 
OF POEA. 
POEA 
SHALL 
FURTHER 
PROVIDE 
COMPREHENSIVE 
PRE- 
EMPLOYMENT SEMINARS THAT SHALL COVER SUCH MATTERS AS 
GENDER SENSITIVITY; 
(b. 2) Overseas Workers Welfare Administration - [The Welfare officer or in his 
absence, the coordinating officer shall provide the Filipino migrant worker and his 
family all the assistance they may need in the enforcement of contractual obligations 
by agencies or entities andor by their principals. In the performance of this function, 
he shall make representation and may call on the agencies or entities concerned to the 
conferences or conciliation meetings for the purpose of settling the complaints or 
problems brought to his attention.] 
OWWA SHALL FORMULATE AND 
IMPLEMENT WELFARE PROGRAMS FOR OVERSEAS FILIPINO 
WORKERS AND THEIR FAMILIES WHILE THE OFWS ARE ABROAD 
AND UPON THEIR RETURN. IT SHALL LIKEWISE ENSURE THE 
AWARENESS BY THE OFWS AND THEIR FAMILIES OF THESE 
PROGRAMS AND OTHER RELATED GOVERNMENTAL PROGFWMS. 
Section 23. Section 24 is hereby amended to read as follows: 
“Section 23 [24]. Legal Assistant for Migrant Workers Affairs. - There is 
hereby created the position of Legal Assistant for Migrant Workers Affairs under the 
Department of Foreign Affaires who shall be primarily responsible for the provision 
and overall coordination of all legal assistance services to be provided to the Filipino 
migrant workers as well as overseas Filipinos in distress ABROAD. He shall have the 
rank, salary, privileges equal to that of an Undersecretary of said Department. 
The said Legal Assistant for Migrant Workers Affairs, shall be appointed by the 
President and must be of proven competence in the field of law with at least ten (10) 
years of experience as a legal practitioner and must not have been candidate to an 
elective office in the last local or national elections. 
Among the functions and responsibilities of the aforesaid Legal Assistant are: 
(a) To issue the guidelines, procedures and criteria for the provision of legal 
assistance services to Filipino migrant workers; 
(b) To establish close linkages with the Department of Labor and Employment, the 
POEA, the OWWA and other government agencies concerned, as well as with non- 
governmental organizations assisting migrant workers, to ensure effective 
coordination and cooperation in the provision of legal assistance to migrant workers; 
(c) To tap the assistance of reputable law firms, [and] the Integrated Bar of the 
Philippines, [and] other bar associations, AND OTHER GOVERNMENT LEGAL 
EXPERTS ON OFW LAWS, to complement the government’s efforts to provide 
legal assistance to our migrant workers, 
(d) To administer the legal assistance fund for migrant workers established under 
Section 25 hereof and to authorize disbursements there from in accordance with the 
purposes for which the fund was set up; and 


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(e) To keep and maintain the information system as provided in Section 20. 
The Legal Assistant for Migrant Workers Affairs shall have authority to hire private 
lawyers, domestic or foreign, in order to assist him in the effective discharge of the 
above functions. 
SEC. 24 [25]. Legal Assistance Fund. - There is hereby established a legal 
assistance fund for migrant workers, herein after referred to as the Legal Assistance 
Fund, in the amount of One hundred million pesos (P100, 000,000) to be constituted 
from the following sources: Fifty million pesos (P50, 000,000) from the Contingency 
Fund of the President; Thirty million pesos (P30, 000,000) from the Presidential 
Social Fund; and Twenty million pesos (20, 000,000) from the Welfare Fund for 
Overseas Workers established under letter of Instruction No. 537, as amended by 
Presidential Decree Nos. 1694 and 1809. 
Any balances of existing fund which have been set aside by the government 
specifically as legal assistance or defense fund to help migrant workers shall, upon 
effectivity of this Act, be turned to, and form part of, the Fund created under this Act. 
“Section 25 [26]. Uses of the LegalAssistance Fund. - The Legal Assistance 
Fund created under the preceding Section shall be used exclusively to provide legal 
services to migrant workers and overseas Filipino in distress in accordance with the 
guidelines, criteria and procedures promulgated in accordance with Section 24 (a) 
hereof. The expenditures to be charged against the Fund shall include the fees for the 
foreign lawyers to be hired by the Legal Assistant for Migrant Workers Affairs to 
represent migrant workers facing any legal charges and other litigation expenses. 
SEC. 26 [27]. Priori@ Concerns of Philippine Foreign Service Posts. - The 
country-team approach, as enunciated under Executive Order no. 74, series of 1993, 
shall be the mode under the Philippines embassies or their personnel will operate in 
the protection of the Filipino Migrant Workers as well as in the promotion of their 
welfare. The protection of Filipino migrant workers and the promotion of their 
welfare, in 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 Foreign Affairs and the Philippine Foreign Service Posts. 
SEC. 27 [28]. Country-Teum Approuch. - Under the country-team approach, 
all officers, representatives and personnel the Philippine government posted abroad 
regardless of their mother agencies shall, on a per country basis, act as on country- 
team with a mission under the leadership of the Ambassador. In this regard, the 
Ambassador may recommend to the Secretary of Foreign Affairs the recall officers, 
representatives and personnel of the Philippine government posted abroad for acts 
inimical to the national interest such as, but not limited to, failure to provide the 
necessary services to protect the rights of overseas Filipinos. Upon receipt of the 
recommendation of the Ambassador, the Secretary of Foreign Affairs shall, in the 
case of officers, representatives and personnel of other departments endorse such 
recommendation to the Department Secretary concerned for the appropriate action. 
Pending investigation by an appropriate body in the Philippines, the person 
recommended for recall may be placed under preventive suspension by the 
Ambassador. 


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In host countries where there are Philippine consulates, such consulates will also 
constitute part of the country-team under the leadership of the ambassador. 
In the implementation of the country-team approach, visiting Philippine delegations 
shall be provided full support and information. 
Section 28. Sections 29 and 30 of RA # 8402 are repealed by R.A. 9422. 
“Section 28. The following provisions are proposed to be renumbered in 
view of the proposal to delete Sections 29 and 30 of this law: 
SEC. 29 [31]. Incentives to Professionals and Other High& Skilled 
Filipinos Abroad. - Pursuant to the objective of encouraging professionals and 
highly-skilled Filipinos abroad especially in the field of science and technology to 
participate in, and contribute to national development, the government shall provide 
proper and adequate incentives and programs so as to secure their services in priority 
development areas of the public and private sectors. 
IX. MISCELLANEOUS PROVISIONS 
SEC. 30 1321. POEA and OWWA Board; Additional Mernbersh@s. - 
Notwithstanding any provision of law to the contrary, the respective Boards of the 
POEA and the OWWA shall, in addition to their present composition, have three (3) 
members each who shall come from the women, sea-based and land-based sectors 
respectively, to be appointed by the President in the same manner as the other 
members. 
SEC 31 [33]. Report to Congress. - In order to inform the Philippine 
Congress on the implementation of the policy enunciated in Section 4 hereof, the 
Department of Foreign Affairs and the Department of Labor and Employment shall 
submit to the said body a semi-annual report of Philippine foreign posts located in the 
countries hosting Filipino migrant workers. The report shall include, but shall not he 
limited to, the following information. 
(a) Masterlist of Filipino migrant workers, and inventory of pending legal 
cases involving them and other Filipino nationals including those serving prison 
terms; 
@) Working conditions of Filipino migrant workers; 
(c) Problems encountered by the migrant workers, specifically violations of 
their rights; 
(d) Initiatives/actions taken by the Philippine foreign posts to address the problems of 
Filipino migrant workers; 
(e) Changes in the laws and policies of host countries; and 
(f) Status of negotiations on bilateral labor agreements between the Philippines and 
the host country. 
Any officer of the government who fails to report as stated in the preceding section 
shall be subject to administrative penalty. 


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SEC. 32 [34]. Representation in Congress. - Pursuant to Section 3 (2), 
Article VI of the Constitution and in line with the objective of empowering overseas 
Filipinos to participate in the policy-making process to address Filipino migrant 
concerns two (2) sectoral representatives for migrant workers in the House of 
Representatives shall be appointed by the President for the ranks of migrant workers: 
Provided, That at least one (1) of the two (2) sectoral representatives shall come from 
the women migrant workers sector: Provided, further, That all nominees must have at 
least two (2) years experience as a migrant worker. 
SEC. 33 [35]. Exemption from Travel Tax and airport Fee. All laws to the 
contrary notwithstanding, the migrant worker shall be exempt from the payment of 
travel tax and airport fee upon proper showing of proof of entitlement by the POEA. 
SEC. 34 [36]. Non-increase of Fees; Abolition of Repatriation Bond - 
Upon approval of this Act, all fees being charged by any government office on 
migrant workers shall remain at their present levels and repatriation bond shall be 
abolished. 
SEC. 35 [37]. The Congressional Migrant Workers Scholarship Fund. - 
There is hereby created a Congressional Migrant Workers Scholarship Fund, which 
shall benefit deserving migrant workers and/or their immediate descendants below 
twenty-one (21) years of age who intended to pursue courses or training primarily in 
the field of science and technology. The initial seed fund of Two hundred million 
pesos 
(P200,000,000.00) shall be constituted from the following sources: 
(a) Fifty million pesos (P50, 000,000.00) from the unexpected Countrywide 
Development Fund for 1995 in equal sharing by all members of Congress; and 
(b) The remaining One hundred fifty million pesos (P150, 000,000.00) shall be 
funded from the proceeds of Lotto. 
The Congressional Migrant Workers Scholarship Fund as herein created shall be 
administered by the DOLE in coordination with the Department of Science and 
Technology (DOST). To carry out the objectives of this section, the DOLE and the 
DOST shall formulate the necessary rules and regulations. 
SEC. 36 [38]. Migrant Workers Day. - The day of signing by the President of 
this Act shall be designated as the Migrant Workers Day and shall henceforth be 
commemorated as such annually. 
SEC. 37 [39]. Implementing Rules 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 regulation for 
its effective implementation 
SEC. 38 [40] Repealing Clause. - All laws, decrees, executive orders, rules 
and regulations, or parts thereof inconsistent with the provisions of this Act are 
hereby repealed or modified accordingly. 


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SEC. 39 [41]. 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 thereby. 
SEC. 40 [42]. Effectivity Clause. This Act shall take effect after fifteen days 
from its publication in the Official Gazette or in at least two (2) national newspapers 
of general circulation whichever comes earlier.