SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
'14 
MAR -4 P 4 :44 
SENATE 
S.B. 2162 
Introduced by Senator Poe 
AN ACT 
TO FURTHER ASSIST FILIPINO MIGRANT WORKERS, 
AMENDING FOR THE PURPOSE SECTION 10 OF REPUBLIC ACT NO. 8042, 
AS AMENDED 
Explanatory Note 
The 1987 Philippine Constitution is clear in its guarantee, "[t]he State shall afford 
ful1 protection to labor, local and overseas, organized and unorganized, and promote full 
employment and equality of employment opportunities for all." (Article XIII, Section 3, 
first paragraph) This provision is significant as it serves as the lamppost of government 
protection to Filipino human resources including the overseas Filipino workers (OFWs). 
This policy measure is a social legislation to the OFWs. 
Many Filipinos believe that overseas employment is the way to financial security. 
Being an OFW would mean facing the challenge of being alone in a foreign land and 
missing important events in the lives of their loved ones back horne in exchange for a 
high paying job. However, because of their desire to provide a better future for their 
children, they are left with no choice but to endure the hardships of working abroad with 
the uncertainty of the dangers they may have to face; and the changes in their family that 
they may have to adapt to. 
As per the latest survey conducted by the National Statistics Office, the number of 
Overseas Filipino Workers is estimated at 2.2 Million. These OFWs are the modern day 
heroes of our country; they helped cushion our economy from the effects of global 
financial crisis through their billion dollar remittances each year and it is what keeps our 
economy afloat. However, not all OFWs are fortunate in seeking jobs abroad. Some 
OFWs end up being recruited illegally while some are promised jobs that are non-
existent. 
These OFWs have contributed significantly to the survival of our economy. It is 
our duty to protect our modern day heroes and not treat them as export commodity as 
means to sustain economic growth. The sacrifices they make in hope of enjoying the 
fruits of their hard earned labor when they corne horne should not be taken for granted. 
This bill seeks to amend the existing law Republic Act No. 8042, or the Migrant 
Workers Act of 1995, in order to provide equal protection of our OFWs, as amended. 
The amendment would be, that in cases of termination of overseas employment without 
• 


just, valid or authorized cause as defined by law or contract, be entitled to the full 
reimbursement of hislher placement fee plus reasonable interest rate and that the 
Department of Labor and Employment as the main steward for OFWs shall provide a 
comprehensive assistance program to the sector. This legislation is a counterpart policy 
measure authored by Representatives Walden Bello and Ibarra Gutierrez III in the House 
of Representatives. 
In light of the foregoing, immediate passage of this bill is earnestly sought. 
• 
• 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
'14 
MAR -4 P .P14 
SENATE 
S.B. 21f12 
Introduced by Senator Poe 
AN ACT 
TO FURTHER ASSIST FILIPINO MIGRANT WORKERS, 
AMENDING FOR THE PURPOSE SECTION 10 OF REPUBLIC ACT NO, 8042, 
AS AMENDED 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. The fifth paragraph of Section 10 of republic Act No. 8042, 
otherwise known as the Migrant Workers and Overseas Filipino Act, as amended by 
Republic Act. No. 10022, is hereby amended by repealing the clause" or for Three (3) 
months every year ofthe unexpired term, whichever is less", to read as follows: 
"Section 10. Money Claims. -
Notwithstanding any provision of law to the 
contrary, the Labor Arbiters of the Nationai Labor Relations Commission (NLRC) shall 
have the original and exclusive jurisdiction to hear and decide, within ninety (90) 
calendar days after filing of the complaint, the claims arising out of an employer-
employee relationship or by virtue of any law or contract involving Filipino workers for 
overseas deployment including claims for actual, moral, exemplary and other forms of 
damages. 
The liability of the principal/employer and the recruitment/placement agency 
for any and all claims under this section shall be joint and several. This provisions 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 
recruitment/placement agency, as provided by law, shall be answerable for 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. 
. 
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 a foreign country of the said contract. 
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 ofthe 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, 
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.] PROVIDED THAT 
THE DEPARTMENT OF LABOR AND EMPLOYMENT AND ITS ATTACHED 
AGENCIES SHALL PROVIDE NEW SKILL TRAININGS, RE-TRAINING 
PROGRAMS, LIVELIHOOD AND TECHNOLOGY ASSISTANCE, SEMINARS 
FOR MICRO-FINANCE ASSISTANCE, AND SIMILAR OPPORTUNITIES FOR 
RETURNING OVERSEAS FILIPINO WORKERS. 
Non-compliance with the mandatory periods for resolutions of cases provided 
under 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 
resolutions 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 disqualifications to hold any appointive 
public office for five (5) years. 
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 2. Repealing Clause. - All laws, rules and regulation, orders, circulars 
and memoranda inconsistent with this Act are hereby repealed or modified accordingly. 
SECTION 3. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in a newspaper of general circulation. 
Approved, 
• 
•