THIRTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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First Regulat Session 
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S E N A T E  
S. 6. No.- 
Introduced by Senator Jinggoy Ejercito Estrada 
EXPLANATORY NOTE 
R.A. 8042 otherwise known as "An Act to Institute the Policies of the Overseas 
Employment and Establish a Higher Standard of Protection and Promotion of the 
Welfare of Migrant Workers, their Families and Overseas Filipinos in Distress and for 
other PurposesII intended to manage the overseas labor program consistent with the 
overall national employment policies and at the same time establish sufficient safety 
nets to safeguards the welfare of our OCWs. To enable us to fully achieve the above 
objectives, there is a need to amend some provisions of the R.A. 8042. 
Specially, we wish to highlight the following points: 
1. Th$ unskilled workers are not allowed to deploy overseas, which, in effect 
would prevent us from helping the sector of our society which needs help. It 
would likewise deny them the opportunity to receive free training abroad while 
at the same time earning, which training and transfer of teclmology wduld 
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otherwise cost hundreds of millions to the government. 
2. While we recognized the NGOs as partner of government in this program, we 
failed to recognize the private business sector which is mainly responsible for 
crepting gainful employment for our new heroes, without them there will be, 
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no jheroes. To categorize them together with the illegal recruiters is adding 
It to injury which is most unfair. 
above points in mind, we propose for the approval of this amendatory 
bill. 


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S E N A T E  
Introduced by Senator Jinggoy Ejercito Estrada 
AN ACT 
TO AMEND REPUBLIC ACT 8042 ENTITLED, "AN ACT TO INSTITUTE THE 
POLICIES OF THE OVERSEAS EMPLOYMENT AND ESTABLISH A HIGHER 
STANDARD OF PROTECTION AND PROMOTION OF THE WELFARE OF 
DISTRESS AND FOR OTHER PURPOSES 
MIGRANT WORKERS, THEIR FAMILIES AND OVERSEAS FILIPINOS IN 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress 
SECTION I. 
Section 2 (9) and (h) is hereby amended to read as follows: 
(9) The state recognizes that the ultimate protection to all migrant is the 
possession of skills. Pursuant to this and as soon as practicable, the government 
shall deploy and/or allow deployment only of [skilled] EMPOWERED AND JOB 
ORIENTED Filipino workers." 
(h) Non-government organization, duly recognized as legitimate AND THE 
PRIVATE BUSINESS SECTOR INVOLVED 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 a spirit of trust and mutual respect. 
SECTION 2 Section 6 on illegal Recruitment is hereby amended to read as 
SECTION 6. Definition - The purpose of this Act illegal recruitment shall mean 
any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring 
follows: 
workers and included referring. contract services, promising or advertising for 
employment abroad, whether for profit or not, when undertaken by a non-licensee or 
non-holder of authority contemplated under Article 13 (9 of Presidential Decree No.422, 
as amended, otherwise known as the Labor Code of the Philippines; Provided, That any 
such non-license or no holder of authority who, in any manner, offers or promises for a 
fee, employment abroad to two or more persons should be deemed so engaged. [It 
shall likewise include] The following acts [whether] WHEN , committed by [any person, 


whether, a non-licensee or non-holder of authority] a license or holder of authority 
SHALL CONSTITUTE GRAVE VIOLATIONS OF THE RULES AND REGULATIONS OF 
DEPARTMENT OF LABOR AND EMPLOYMENT AND/OR PHILIPPINE OVERSEAS 
EMPLOYMENT ADMINISTRATION SUBJECT TO ITS SANCTIONS, UNDER 
OFFENSES AND CORRESPONDING PENAL TIES, 
a) To charge or accept directly or indirectly any amount greater than that 
b. 
C. 
d 
e. 
f. 
g. 
specified in the schedule of allowable fees prescribed by the Secretary of 
Labor and Employment, or to make a worker pay any amount greater than 
that actually received by him as a loan advance; 
To furnish or publish any false notice or information of document in relation to 
recruitment or employment; 
To give any false notice, testimony, information or document or commit any act 
misrepresentation for the purpose of securing a license or duthority under this 
Act; 
To endure 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; 
To influence or attempt to influence any person or entity not to employ any 
worker who has not applied for employment through his agency; 
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; 
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 earrings, separation from jobs, departures, and 
such other matters information as maybe required by the Secretary of Labor 
and Employment. 
i. To substitute or alter employment contracts approved and verified by the 
Department of Labor and Employment from i 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; 
j. For an officer or agent of a recruitment or placement agency to become officer 
or member of the Board of any, corporation engaged in travel agency to be 
engaged directly or indirectly in the management of a travel agency; 
k. To withhold or deny. travel documents from applicant workers before 
departure/or monetary or financial considerations other than those authorized 
under this Act and its implementing rules and regulations; 


1. Failure to actually deploy without valid reason as determined by the department 
of Labor and Employment; 
m. Failure to reimburse expenses incurred by the worker in connection with his 
documentation and processing for purposes of deployment, in cases where deployment 
does not actually take place. 
Illegal recruitment is deemed committed by a syndicate if carried out by a group 
of three (3) persons conspiring of 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 case of juridical persons, the officers having control, 
management or direction of their business shall be liable. 
amended to read as follows: 
SECTION 3. The last paragraph of Section 7 of the law on Penalties shall be 
"Provided, however, that the maximum penalty shall be imposed if the person 
illegally recruited is less than eighteen (18) years of age, [or committed by a non- 
licensee or non-holder of authority.]" 
SECTION 4. The second paragraph of Section I 
0 of the law on money claims is 
"The liability of the principallemployer and the LICENSED recruitmentJplacement 
agency for any and all claims under this Section shall be joint and several. This 
provision shall be incorporated in the contract (or overseas employment and shall be a 
condition precedent for its approval he [Performance] SURETY AND CASH bond to be 
filed by the recruitmentlplacement agency, as provided by law; shall be answerable for 
all money claims or damages that may be awarded to the workers. If the 
recruitmentJpIacement agency is a juridical being, the corporate officer and directors 
and partners as the case maybe, shall themselves be jointly and solidarity be liable with 
the corporation or partnership for the aforesaid claims and damages SUBJECT TO THE 
PROVISIONS OF THE CORPORATION CODE OF THE PHILIPPINES. 
SECTION 5. Effectivity. This Act shall take effect after fifteen (15) days from its 
complete publication in the Official Gazette or in at least two (2) national newspapers of 
general circulation, whichever comes earlier. 
hereby amended to read as follows: 
APPROVED ,