SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'15 
APR 29 P2 :15 
SENA1lL 
S. No. 
~'139 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
EXPANDING THE USE OF THE LEGAL ASSISTANCE FUND, AMENDING FOR THE 
PURPOSE SECTION 26 OF REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS "THE 
MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995", AS AMENDED 
EXPLANATORY NOTE 
Republic Act No. 8042 (R.A. 8042), also known as the "Migrant Workers and Overseas 
Filipinos Act of 1995", was enacted to protect and promote the rights and welfare of Filipino 
migrant workers. 
One of the policies it sets out under the Declaration of Policies in Section 2 restates the 
constitutional provision on the State's duty and responsibility to protect labor (Declaration of 
Principles and State Policies, Article 11, Section 18; and Social Justice and Human Rights, 
Article 13, Section 3), to wit: 
(b) The State shall afford full protection to labor, local and overseas, 
organized and unorganized, and promote all 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. 
It further asserts in Section 2 (e) that: 
(c) Free access to the courts and quasi-judicial bodies and adequate legal 
assistance shall not be denied to any persons 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 overseas Filipinos, in general, and Filipino migrant 


workers, in particular, documented or undocumented, are adequately protected 
and safeguarded. 
In line with these polices, Sections 25-26 of the same Act put forth the establishment of a 
legal assistance fund for migrant workers: 
SEC. 25. LEGAL ASSISTANCE FUND - There is hereby established a 
legal assistance fund for migrant workers, herein after referred to as Legal 
Assistance 
fund, 
m 
the 
amount 
of One 
hundred 
million 
pesos 
(P1 00,000,000.00) .... 
SEC. 26. USES OF THE LEGAL ASSISTANCE FUND. - The Legal 
Assistance Fund created under the preceding section shall be used exclusively to 
provide legal services to migrant workers and overseas Filipinos in distress in 
accordance with the guidelines, criteria and procedures promulgated in 
accordance with Section 24 (a)l hereof. The expenditures to be charged against 
the Fund shall include the fees for the foreign lawyers to be hired by the Legal 
Assistance for Migrant Workers Affairs to represent migrant workers facing 
charges abroad, bail bonds to secure the temporary release of workers under 
detention, court fees and charges and other litigation expenses. 
The use of the legal assistance fund under Section 26 was further amended in Republic 
Act No. 10022: 
Section 19. Section 26 of Republic Act No. 8042, as amended, is hereby amended 
to read as follows: 
SEC. 26. USES OF THE LEGAL ASSISTANCE FUND. -
.... Provided, 
further, That the hiring of foreign legal counsels, when circumstances warrant 
I SEC. 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 Affairs who shall be primarily 
responsible for the provision and overall coordination of all legal assistance services to be provided to Filipino 
migrant workers as well as overseas Filipinos in distress .... 
Among the functions and responsibilities of the aforesaid Legal Assistant are: 
<aJ To issue the guidelines, procedures and criteria for the provisions of legal assistance services to 
Filipino migrant workers; .... 
2 


urgent action, shall be exempt from the coverage of Republic Act No. 9184 or the 
Government Procurement Act. 
While the language of the law appears to have expanded the use of the legal assistance 
fund by exempting it from the coverage of procurement laws in urgent cases warranting the 
hiring of foreign legal counsels, the Omnibus Rules and Regulations Implementing R.A. No. 
8042, as amended, seems to have limited its application by providing a specific set of instances 
wherein the Legal Assistance Fund may be accessed: 
Sec. 3. Legal Assistance Fund. The Legal Assistance Fund created under 
the Act shall be used exclusively to provide legal services for Migrant Workers 
and Overseas Filipinos in distress in accordance with approved guidelines, criteria 
and procedures of the DFA. It shall be used inter alia for the following specific 
purposes: 
(a) In the absence of a counsel de oficio or court-appointed lawyer, 
payment of attorney's fees to foreign lawyers for their services in 
representing migrant workers facing criminal and labor cases abroad, or in 
filing cases against erring or abusive employers abroad, provided, that no 
amount shall be disbursed for the appeal of cases except when the penalty 
meted is life imprisonment or death or under meritorious circumstances as 
determined by the Undersecretary for Migrant Workers Affairs; ... , 
The limiting language ofthe Omnibus Rules and Regulations makes the Legal Assistance 
Fund accessible only upon the absence of a counsel de oficio or court-appointed lawyer or, at all 
instances, upon conviction and the penalty meted is life imprisonment or death. Other than these 
two instances, access to it is not mandatory and may only be under meritorious circumstances as 
determined by the Undersecretary for Migrant Workers Affairs. The absurdity of such guidelines 
has led to some of our OFWs facing criminal charges to either a.) entrust their fates in the hands 
of foreign counsels de oficio or court-appointed lawyers who most likely cannot sufficiently 
communicate to the OFWs in distress the charges that the latter are facing in a language that the 
OFWs know; or, worse, b.) be left to fend off for themselves completely without competent legal 
3 


assistance at the time of their arrest all the way to trial proper - a crucial period where lega1 
assistance is most needed. 
The sooner distressed migrant workers get the legal assistance they need, the higher the 
chances that their rights are respected, rule of law is followed and true justice is dispensed. If the 
country is to continue to allow the export of our labor force, it is imperative that we do not 
abandon distressed OFWs to a life behind foreign bars or even death without giving them the 
competent and timely legal assistance they need and deserve. 
~~ .¢JAw-'""- j~ 
MIRIAM DEFE~OR SANTIA'1l -
;ff 
4 


SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
SEN~E 
S.No. 
~739 
Introduced by Senator Miriam Defensor Santiago 
·,5 
APR 29 P2 :15 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
1 
AN ACT 
2 
EXPANDING THE USE OF THE LEGAL ASSISTANCE FUND, AMENDING FOR THE 
3 
PURPOSE SECTION 26 OF REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS "THE 
4 
MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995", AS AMENDED 
5 
SECTION 1. Section 26 of Republic Act No. 8042, otherwise known as the "Migrant 
6 
Workers and Overseas Filipinos Act of 1995", as amended by R.A. No. 10022, is hereby 
7 
amended to read as follows: 
8 
SEC. 26. Uses of the Legal Assistance Fund. - The Legal Assistance Fund 
9 
created under the preceding section shall be used exclusively to provide legal 
10 
services to migrant workers and overseas Filipinos in distress in accordance with 
11 
the guidelines, criteria and procedures promulgated in accordance with Section 24 
12 
( a) hereof. The expenditures to be charged against the Fund shall include the fees 
13 
for the foreign lawyers to be hired by the Legal Assistant for Migrant Workers 
14 
Affairs to represent migrant workers facing charges or in filing cases against 
15 
erring or abusive employers abroad, bail bonds to secure the temporary releases 
16 
and other litigation expenses; 
17 
PROVIDED, THAT THE LEGAL ASSISTANCE FUND SHALL AT 
18 
ALL TIMES BE MADE AVAILABLE AT THE TIME OF THE ARREST 
19 
OR CHARGING ALL THE WAY TO THE TRIAL PROPER AND AT ALL 
20 
LEVELS OF APPEAL FOR MIGRANT WORKERS FACING CHARGES 
21 
WITH THE PRESCRIBED PENALTY OF LIFE IMPRISONMENT OR 
22 
DEATH; 
I 


· . 
1 
Provided, That at the end of every year, the Department of Foreign Affairs 
2 
shall include in its report to Congress, as provided for under Section 33 of this 
3 
Act, the status of the Legal Assistance Fund, including the expenditures from the 
4 
said fund duly audited by the Commission on Audit (COA); 
5 
Provided, further, That the hiring of foreign legal counsels, when 
6 
circumstances warrant urgent action, shall be exempt from the coverage of 
7 
Republic Act No. 9184 or the Government Procurement Act." 
8 
SECTION 2. Repealing Clause. - All laws, orders, issuances, rules and regulations or part 
9 
thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified 
10 
accordingly. 
11 
SECTION 3. EffectiVity Clause. - This Act shall take effect within fifteen (15) days after 
12 
its publication in the Official Gazette or in at least two (2) newspapers of general circulation, 
13 
whichever comes earlier. 
Approved, 
Jrapt29April20 I S 
2