Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
HOUSE BILL NO. _______________
Introduced by ANG PROBINSYANO
Party-List Representative Alfred Delos Santos
EXPLANATORY NOTE
It is the height of tragedy when Overseas Filipino Workers travel to
foreign lands in search of opportunities, seeking to help uplift the lives of their
family and countrymen, just to be met with grisly, violent deaths in the hands
of a stranger. Joanna Demafelis, Jeanelyn Villavende, and Constancia Dayag
are just Filipinos whose lives were untimely snuffed out.
More saddening is the fact that we are not at all helpless to provide our
OFWs the necessary protections. We have the POEA, the Overseas Labor Office,
Filipino Resource Center, and the OWWVA, all mandated to serve and protect
our
OFWs,
With
their
combined
wealth
of
experience,
resources,
and
connections inaction is unacceptable. And yet there are cases, such that of
Jeanelyn Villavende, where complaints from OFWs regarding their safety are
not promptly acted upon.
This is the gap that this bill seeks to address. It provides active
monitoring
and
urgent
response
mechanism
to
address
incidents
and
emergencies endangering the life, limb, and liberty of our OFWs and to instill
that
consciousness
among
our
frontline
government
agencies
and
stakeholders, under pain of administrative and criminal penalty. This way,
prevent future cases of OFWs being abused, raped or killed may be prevented.
In view of the foregoing, approval of this bill is earnestly sought.
ALFRED C. DELOS SANTOS
Representative, Ang Probinsyano Party-List
September 12, 2022
12:31 pm
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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
HOUSE BILL NO. _______________
Introduced by ANG PROBINSYANO
Party-List Representative Alfred Delos Santos
AN ACT
PRESCRIBING AN ACTIVE MONITORING AND URGENT RESPONSE
MECHANISM BY THE GOVERNMENT TO PREVENT THE KILLING, RAPE,
AND OTHER ABUSES COMMITTED AGAINST OVERSEAS FILIPINO
WORKERS AND PROVIDING PENALTIES THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
SECTION 1. Short Title. - This Act shall be known as the "OFW Abuse
Prevention” Act.
SEC. 2. Declaration of Policy. - The State upholds the dignity and
fundamental human rights and freedoms of its citizens both in the country and
overseas. It shall endeavor to afford them protection and promote their welfare,
regardless of their location. The State also recognizes the inherent value of the
lives of our Overseas Filipino Workers (OFWs), their sacrifice for the well-being
of their families, and their significant contribution to the country’s economic
growth and national development. Toward this end, the State shall provide an
urgent response mechanism to address incidents and emergencies endangering
the life, limb, and liberty of our OFWs and to instill that consciousness among
our frontline government agencies and stakeholders in order to prevent future
cases of OFWs being abused, raped or killed.
SEC. 3. Coverage. - This Act shall protect all OFWs or migrant workers,
regardless of their employment status, including their dependents.
SEC. 4. Active Monitoring and Urgent Response by Local Recruitment
Agencies. - When information is obtained by a recruitment agency, in the
conduct of its regular monitoring or otherwise, or a complaint is brought to its
attention,
whether
by
the
concerned
OFW
or
a
third
party,
and
such
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information
or
complaint pertains to past or present physical abuse or
maltreatment,
sexual
assault
or
harassment,
death
threats,
and
other
incidents endangering the life, limb, and liberty of the concerned OFW, or to
situations where OFWs are in imminent danger of physical or sexual harm, the
concerned recruitment agency shall treat the said information or complaint
with
extreme
urgency
and
must
coordinate
the
same
with
concerned
government agencies the soonest possible time, without delay. The concerned
recruitment agency shall also endeavor to verify and immediately act on such
complaints and actively monitor the same, with due regard to the sensitivity of
the information acquired, in coordination with concerned government agencies.
While the foregoing information or complaint must be prioritized, nothing in
this Act prevents the recruitment agencies from actively monitoring and
urgently responding to all other concerns of OFWs they deploy.
SEC. 5. Active Monitoring and Urgent Response by the Government. - In
coordination
with
the
Department
of Foreign Affairs (DFA), through the
concerned
Embassies
or
Consulates,
the
Department
of
Labor
and
Employment (DOLE), through its Philippine Overseas Labor Offices (POLOs),
the Philippine Overseas Employment Administration (POEA), and the Overseas
Workers Welfare Administration (OWWA), shall assist OFWs in the following
manner:
a) DOLE,
POEA,
and
OVWAA
shall
formulate
and
implement
active
monitoring and urgent response mechanism to protect OFWs from
physical abuse or maltreatment, sexual assault or harassment, death
threats and other incidents endangering their life, limb, and liberty. The
said mechanism shall, among others:
i)
Determine the point persons for receiving and monitoring such
complaints and coordinating and conducting the urgent responses
to such situations;
ii)
Streamline existing processes and remove any barriers or excesses
in immediately reporting, coordinating, or acting on the incidents
and emergencies;
iii)
Provide
integrated or unified local and international hotlines,
online
platforms
and
other
easy
and
immediate avenues for
recruitment agencies, OFWs and third parties to immediately
report and coordinate any incident or emergency;
iv)
Include
a
speedy
but
thorough
verification
and
investigation
process; and
v)
Respect the sovereignty of the host country and strengthen the
commitment
of
and
the
linkage
with
its
local
enforcement
authorities, foreign recruitment agencies and employers.
b) In all pre-departure and on-site training and seminars, DOLE, POEA and
OWWA shall regularly inform and reiterate to OFWs the said abuse
prevention or emergency assistance mechanism, including the hotlines,
online complaint platforms, location of shelters or safehouses, and tips
on reporting and preventing abuses


c) DOLE, POEA, and OVWAA shall actively monitor the conditions of OFWs,
and
strictly
ensure
participation
and
compliance
of
concerned
recruitment agencies, in host countries with a large concentration of
OFWs or with records or reports of maltreated, sexually-assaulted or
killed OFWs.
d) DOLE, POEA, and OVA shall strive to instill institutional consciousness
among its employees and partner stakeholders, especially those in
charge of abuse prevention or emergency assistance for OFWs, on the
urgency
of
responding
to
complaints
of
OFWs
in
life
and
death
situations.
SEC. 6. OFW Shelters. - The DOLE and OWWA, in coordination with the
DFA, shall continue to create and operate centers and shelters abroad with the
end goal of providing a safe house for distressed OFWs, including those who
have run away or are rescued because of actual abuses or imminent harm,
while
waiting
for
government
assistance,
verification,
investigation
or
repatriation, with due respect to legal protocols and processes of the host
countries.
SEC. 7. Penalties. - Without prejudice to other administrative, civil, and
criminal
sanctions
as
may
be
provided under existing laws, rules, and
regulations, the following shall be punished under this Act:
a) In cases of violation of Section 4 of this Act, and the concerned OFW
subsequently
suffered
maltreatment
or
abuse,
the
license
of
the
recruitment agency shall be automatically canceled or revoked. An
additional administrative fine ranging from Two Hundred Thousand
Pesos (PhP200,000) to Five Million Pesos (PhP5,000,000.00) shall be
imposed upon the recruitment agency, depending on the gravity of injury
done to the OFW.
In addition, the officer of the concerned recruitment agency, in charge of
reporting and coordinating the incident and emergency involving the
OFW,
shall
suffer
the
penalty
of
one (1) month to five (5) years
imprisonment, upon the discretion of the court.
The POEA shall continue to have the power to promulgate and impose
administrative
penalties
for
the
failure
of
recruitment
agencies
to
monitor, report and coordinate the conditions of OFWs in cases not
covered under Section 4 of this Act.
b) Any public officer, who neglects to do his or her duty in terms of
receiving,
monitoring,
coordinating
or
acting
on
complaints
or
information pursuant to the government mechanism provided for under
Section 5 of this Act, and the concerned OFW subsequently suffered
maltreatment or abuse, shall be liable to an administrative penalty of one


(1) month suspension to dismissal from the service, and a fine equivalent
to one (1) day to one (1) year salary, both depending on the gravity of
injury done to the OFW.
c) Any public officer who maliciously delays any report or action, refuses to
perform his or her duty under this Act for the purpose of obtaining,
directly or indirectly, any pecuniary or material benefit, or who conceals
or falsifies documents or reports, whether or not the concerned OFW
subsequently suffered maltreatment or abuse, shall be liable to a penalty
of six (6) months to ten (10) years imprisonment, with the accessory
penalty of suspension from public office to perpetual disqualification,
both upon the discretion of the court.
SEC. 8. Implementing Rules and Regulations. - The DOLE, POEA, OWWA,
and DFA, in coordination with concerned stakeholders, shall formulate the
implementing
rules
and
regulations
within
sixty
(60)
days
after
the
effectiveness of this Act.
SEC. 9. Suppletory Application. - Republic Act No. 8042 or the Migrant
Workers and Overseas Filipino Act of 1995, as amended by Republic Act Nos.
9422 and 10022, Presidential Decree No. 442 or the Labor Code of the
Philippines, as amended, and all other rules and regulations promulgated in
relation thereto shall have suppletory application in cases not provided for
under this Act with the end view of protecting OFWs from abuses.
SEC. 10. Separability Clause. - If any provision or part hereof is held
invalid or unconstitutional, the remaining provisions not affected thereby shall
remain valid and subsisting.
SEC. 11. Repealing Clause. - Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule, or regulation
contrary to or inconsistent with the provisions of this Act is hereby repealed,
modified, or amended accordingly.
SEC. 12. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in any two (2) newspapers of general
circulation in the Philippines.
Approved,