Republic ofthe Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City, Metro Manila

THIRTEENTH CONGRESS
First Regular Session |

‘House Bill No.. 2367 |

Tatroduced by Akbayan Representatives Loretta Ann P. Rosales,
‘Mario Joyo Aguja and Ana Theresia Hontiveroy-Baraquel

EXPLANATORY NOTE |

Republic Act No. 8042 entitled “AN ACT TO INSTITUTE THE POLICIES
(oF OVERSEAS EMPLOYMENT AND ESTABLISH A HIGHER STANDARD OF
PROTECTION AND PROMOTION OF THE WELFARE OF MIGRANT
WORKERS, THEIR FAMILIES AND OVERSEAS FILII)NOS'IN DISTRESS,
[AND FOR OTHER PURPOSES", also known asthe "Migrang Workers Act of 1995"
fr short, was enacted to protect and proiote the rights dod welfare of Filipino
migrant workers i

(Ove of the polices it sets out in Section 2, uner Declaration of Policies,
reaates the constitutional provision onthe State's duty and responsiblity to protect
[abot (Seston 18, Article I, Declaration of Principles and Stale Policies; and Section
5, Article XII, Social Justice and Huan Right), to wit: |

“(b) The State shall afford all protection to lor, local and overseas, *
organized and unorganized, and promote full employment and equality of
‘raployment opportunities for all. Towards tis end, the State shall provide
‘Sdcyuste and timely social, cconomic and legal services to Filipino migrant
workers.”

1 father asserts in eter (¢) ofthe same Section 2 chat

“(e) x x x The existence of the overseas employment program rests
solely on the assurance that the dignity and fandan’ ial human rights and
fieedoms of the Flipino citizen shall ot, at any tine, be compromised oF
violated”

‘Accordingly, all throughout RA. 8042, there are regilatory provisions on
Deployment legal Recruitment, Services and other provisions, including penalties
for egal recruitment, which serve {0 carry out the stated policies of protestion and
promotion of the rights of Filipino migrant workers arkd which regulate the
feenutment of Filipinos for employment abroad. i


Uniotunaey, however, Sections 29 and 30 of the et abo provie fr the
venta) dereguatinn of tecruimentautvites over a period of five years following
{Geeteetnny ofthe Act in July 1995, which woukl make migration of workers
“Shaya mtr betwcen the worker ands foreign employer

“SEC. 29. Comprehensive Deregulation Plan on Recruitment
Activites. ~ Parsast 10 a progressive policy of deregulation whereby the
‘rigration of workers becomes stilly a matter between the worker and his
foreign employer, the DOLE, within one (1) year from the ellctvity of this
‘Rats hereby mandeted to formulate a five-year comprehensive deregulation
plan on reeruitment activites taking into account Tabor market. tres,
eonomic eondions ofthe country and emerging cumstinces which may
fffect the welfare of migrant workers °

“SEC. 30. Gradual Phase-out of Regulatory Functions. — Within
petiod of ive (5) years frm the effectivity of this Act, the DOLE shal pac
Bat the regulatory finctions of the POEA pursuant"to the objectives of
eregulation.” i

In this regard, Section 23, pr. (b1) also subjects the regulatory mandate of
the Philippine Overseas Employment Administration (POEA) lo said deregulation and
‘hase-ott provisions of Sections 29 and 30.

‘Congressional records of the Bicameral Committee deliberations at the time
show that these (wo provisions, which originated ffom the Senate version ofthe Lv,
‘Senate Bit No. 2077, were included i the final version because: 1) it was expected at
the tine thatthe Philipines will have achieved the status ofa “newly-industralized
‘Count by the year 2000; and 2) it woukl do away with “bufenurai ed ape” ard
‘corruption nthe process of recruitment.

Ty ie year fom he rine of A, 202k cha that be cea
of tine Ain hr net mae an tnone wil wot mate sine
SSS te second enon, dowplnn nt tener ant bon 0 te
cad chee edge woul he tanto #0
ee hc tet wa be ih wie sing es

‘Te ee fc your overs lpn woes yao clin it
for mor aston eh tha so tn ata Tey comtte coneting
Se tat smping of eden ones of Seon 2
Soars foe

Despite R.A. 8042, illegal reeritment still coninies to be committed against
prospective Flipino migrant workers, as borne out by the records of the Philippine
Gverecas Employment Administration (POFA). Incidents of on-site violations of the
Res of overscas Filipino workers also still continue, ranging from non-payment of
fwages to malieatnent and physical abuse. :

Tre ta mg een mom fs
sein Tit a rata a ea
sow bhhcmimaeroaeoet


host counties, Brokers in labor markets workdwide contin to emerge, and local
Prvule employment agencies are allowed 1 continously partiipatc in the
Fecrltment and placement of OFWs. i

Likewise, the feminization of the OFW sector and the| upsurge of vulnerable
ils overseas lke domestic helpers and performing. artists, require continued
fgovernment intervention to promote their welfie. Eiforts to forge ilateral labor
Sgrecments for the protection of OFWs have also not borne much fut. Out ofthe 187
Countries of ‘destination of OFWs, only twenty-one (21) ountries ave signed
‘ileal labor agreements with the Philippine government. |

‘These realities highlight the fandamental argument against deregulation,
which is thatthe constitutionally mandated responsibility of the State to extend fall
protection to labor, whether Jocal and overseas, organized! xl unorganized, as
Provided in Section 3 of Article XIL ofthe Constitution and Section 18, Article Hl,
‘Should not be abdicated i

i
\would also violate the UN Convention fo the Protection ofthe «
land Welfare of All Migrant Workers and Members of their Families that was
ratified by the Philippines in June 1995.

In view ofall the foregoing, Sections 29 and 30, an! ith them, Sexton 23,
pr (el) of RA. 8042 should be repealed and the reglsory functions of the
Pipe Oversexs. Employment Administration (POEA) strengthened there.
mediate approval ofthis bil is therefore cares urged.

Akbayan Pary-List Representative

ante tion tas Keaque.

‘Akbayan Party-List Representative |



Republic ofthe Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Meteo Marita

THIRTEENTH CONGRESS
Fist Regular Session

House BillNo. 2367

Party-List Reps. Loretta Ana P, Rosales,
‘Mario Joyo Aguja and Ana Theresia Hontiveros-Baraquel

AN ACT.
STRENGTHENING THE REGULATORY FUNCTIONS OF THE PHILIPPINE
OVERSEAS EMPLOYMENT ADMINISTRATION (POEA}’ AMENDING FOR
‘THIS PURPOSE REPUBLIC ACT NO. 8082, OTHERWISE KNOWN AS THE
“MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995”

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

SECTION 1. Section 23, paragraph (b.1) of Republic Act No. 8042,
‘otherwise known as the “Migrant Workers and Overseas Filipinos Act of 1995" is

hereby amended to read as follows:

“b) Philippine Overeas Employment Adminstration — [Subjest to
éereultion and phase-out as proved under Sections 29 gat 30 here, «The
‘Administaton shall repute private sector partiaton inthe recruitment and
overseas placement of workers by sting up a Hcensing and registration sytem, It

stall also formulate and implement, in coordination with!

propriate 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”


SECTION 2. Section 29 of te same aw is herby repelpd. —*

“ASEC.29. Comprehensive Deregulation Plan on Rectuiment Actes. —
Pursuant to a progressive polly of deregulation wherby th migration of workers
‘becomes sity mater between the worker and hs foreign employer, the DOLE,
‘itin one (1) year fom the elev ofthis Act, hechy marated to formule a
five-year comprehensive deregulation plan on recruitment activities taking into
‘count labor market trends, economic comlitions of the coyney and emerging
reuters my alt he wlio migra workers)

SEC. Seton 30 ofthese hw ey pene

“19, Gra Paseo Retry tn — Wiha po
of five (5) years fom the effectivity of this Act the DOLE Shall phase-out the
requltory fonctions of the POEA pursuant tothe obcctves of deregulation J*

SEC.4. —_Alllaws, orders, suances, us and regulations or part thercot
inconsistent with the provisos ofthis Act ae hereby repealed sihends or mid
acorn

SEC.5, This Act stall tke eftct within fteen (15) days alr its
Publication in the Official Gazette or in at least two (2) newspapers of general
relation, whichever comes carr. :

Agproved.