Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
TWENTIETH (20th) CONGRESS 
FIRST REGULAR SESSION 
House Bill No. 2063
Introduced by 
Rep. ROBERT NAZAL 
AN ACT  
AMENDING REPUBLIC ACT NO. 10022, OTHERWISE KNOWN AS "AN ACT 
AMENDING REPUBLIC ACT NO. 8042," BY IMPOSING CRIMINAL LIABILITY ON 
FOREIGN EMPLOYERS AND RECRUITMENT AGENCIES WHO COMMIT OR 
ENABLE ACTS OF ABUSE, VIOLENCE, OR OTHER GRAVE OFFENSES AGAINST 
OVERSEAS FILIPINO WORKERS, AND FOR OTHER PURPOSES 
EXPLANATORY NOTE 
Overseas Filipino Workers (OFWs) are widely regarded as the modern-day heroes of 
the Philippine economy, with their remittances fueling local development and sustaining 
millions of families. However, behind these contributions lies a troubling reality: many 
OFWs continue to suffer grave abuses at the hands of their foreign employers. These 
include, but are not limited to, physical assault, sexual violence, psychological trauma, 
overwork, wage theft, and even death. The international nature of these abuses, often 
committed beyond Philippine jurisdiction, places Filipino workers at an alarming 
disadvantage when it comes to seeking redress and justice. 
While Republic Act No. 8042, or the "Migrant Workers and Overseas Filipinos Act of 
1995," and its amendment under Republic Act No. 10022 were landmark pieces of 
legislation at the time of their passage, they have proven insufficient in addressing the 
modern complexities of OFW protection, particularly in cases where abuse occurs 
overseas. Although these laws penalize illegal recruitment and require protective 
mechanisms, they fall short of imposing direct and express criminal liability on foreign 
employers, many of whom continue to violate the dignity and rights of our workers with 
impunity. 
Recent cases such as those of Joanna Demafelis (found dead in a freezer in Kuwait), 
Jeanelyn Villavende (beaten and sexually assaulted by her employer), and other 
anonymous OFWs who quietly perish under inhumane conditions, have highlighted this 
legislative gap. These cases not only shocked the nation but revealed a painful truth: 
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even when evidence of abuse is clear, and employers are identified, Philippine law is 
often powerless to hold them criminally accountable due to jurisdictional hurdles and 
diplomatic complications. 
In addition, licensed recruitment agencies in the Philippines, the very entities entrusted 
with ensuring the safety and suitability of job placements, have, in some instances, 
failed to vet employers or ignored clear red flags. Worse, some have knowingly 
facilitated employment with abusive employers for profit. Yet, current laws do not 
sufficiently hold these agencies criminally liable for such misconduct. 
This bill, therefore, seeks to: 
A. Impose criminal penalties on foreign employers who inflict or enable harm against
OFWs;
B. Penalize recruitment agencies who knowingly or negligently deploy workers into
abusive situations;
C. Affirm the principle of joint and several (solidary) liability, ensuring that victims and
their families can claim justice, both criminally and civilly, regardless of who
facilitated the abuse. This principle of joint and several liability (JSL) is essential to
ensure that no responsible party escapes accountability—whether by direct action
or by complicity.
However, the application of JSL also presents challenges. These include: 
A. Difficulties in enforcing joint liability across international jurisdictions;
B. Unclear coordination between Philippine and host country legal systems;
C. Risk of local agencies exploiting legal gray areas to shift blame solely onto foreign
employers;
D. Limited awareness and understanding of JSL among OFWs and their families,
hindering their access to legal remedies.
These implementation issues underscore the need for stronger legal mechanisms, 
clearer regulatory guidelines, and cross-border cooperation to operationalize JSL 
meaningfully. Despite these concerns, enshrining JSL remains vital to ensure 
accountability and deterrence. 
The measure is rooted in both domestic constitutional mandates and international 
standards, including the Universal Declaration of Human Rights, the ILO Migrant 
Workers Convention, and the ASEAN Consensus on the Protection and Promotion of 
the Rights of Migrant Workers. 
In view of the foregoing, the immediate passage of this bill is earnestly sought. 
Rep. ROBERT NAZAL 
Bagong Henerasyon Party-List 
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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
TWENTIETH (20th) CONGRESS 
FIRST REGULAR SESSION 
House Bill No. 2063 
Introduced by 
Rep. ROBERT NAZAL 
AN ACT  
AMENDING REPUBLIC ACT NO. 10022, OTHERWISE KNOWN AS "AN ACT 
AMENDING REPUBLIC ACT NO. 8042," BY IMPOSING CRIMINAL LIABILITY ON 
FOREIGN EMPLOYERS AND RECRUITMENT AGENCIES WHO COMMIT OR 
ENABLE ACTS OF ABUSE, VIOLENCE, OR OTHER GRAVE OFFENSES AGAINST 
OVERSEAS FILIPINO WORKERS, AND FOR OTHER PURPOSES 
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 Protection Against Employer Abuse Act.” 
SECTION 2. DECLARATION OF POLICY. 
The State affirms its unwavering commitment to uphold the dignity, human rights, and 
welfare of Overseas Filipino Workers (OFWs), as enshrined in the 1987 Constitution. It 
is the declared policy of the government to afford full protection to labor, local and 
overseas, and to promote the welfare and safety of Filipinos working abroad. 
SECTION 3. To strengthen the application and enforceability of the joint and several 
liability (JSL) doctrine, a new paragraph is hereby inserted after the last paragraph of 
Section 6 of Republic Act No. 8042, as amended, to read as follows:  
"SECTION 7. ANY FOREIGN EMPLOYER OR PRINCIPAL, WHETHER 
NATURAL OR JURIDICAL, WHO DIRECTLY INFLICTS OR ORDERS THE 
INFLICTION 
OF 
PHYSICAL 
ABUSE, 
SEXUAL 
VIOLENCE, 
PSYCHOLOGICAL 
HARM, 
HARASSMENT, 
INHUMANE 
WORKING 
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CONDITIONS, 
OR 
ANY 
FORM 
OF 
CRUEL, 
DEGRADING, 
OR 
HUMILIATING TREATMENT UPON A FILIPINO MIGRANT WORKER 
SHALL BE HELD CRIMINALLY LIABLE. 
 
SUCH ACTS SHALL BE PUNISHABLE WITH IMPRISONMENT OF 
TWELVE (12) YEARS AND ONE (1) DAY TO TWENTY (20) YEARS, AND A 
FINE OF NOT LESS THAN FIVE HUNDRED THOUSAND PESOS 
(₱500,000) BUT NOT MORE THAN ONE MILLION PESOS (₱1,000,000). 
 
IF 
THE 
OFFENSE 
RESULTS 
IN 
SERIOUS 
PHYSICAL 
INJURY, 
PERMANENT DISABILITY, RAPE, OR DEATH, THE PENALTY SHALL BE 
LIFE IMPRISONMENT AND A FINE OF NOT LESS THAN TWO MILLION 
PESOS (₱2,000,000). 
 
IN 
ADDITION TO CRIMINAL LIABILITY, SUCH EMPLOYER OR 
PRINCIPAL SHALL BE PERMANENTLY DISQUALIFIED FROM HIRING 
FILIPINO WORKERS AND MAY BE SUBJECT TO INTERNATIONAL 
LEGAL ACTION THROUGH COOPERATION WITH THE DEPARTMENT 
OF FOREIGN AFFAIRS (DFA) AND INTERNATIONAL TRIBUNALS, 
WHERE APPLICABLE. 
 
LICENSED RECRUITMENT AGENCIES IN THE PHILIPPINES THAT ARE 
FOUND TO HAVE KNOWINGLY DEPLOYED OFWS TO ABUSIVE 
EMPLOYERS SHALL LIKEWISE BE SOLIDARILY LIABLE AND MAY 
FACE REVOCATION OF LICENSE, CRIMINAL PROSECUTION, AND 
CIVIL DAMAGES. THE PRINCIPLE OF JOINT AND SEVERAL LIABILITY 
(JSL) SHALL APPLY TO ENSURE THAT ALL FACILITATORS OF ABUSE, 
WHETHER FOREIGN OR DOMESTIC, ARE HELD ACCOUNTABLE TO 
THE FULLEST EXTENT OF BOTH CIVIL AND CRIMINAL LAW. TO 
FURTHER REINFORCE THIS DOCTRINE, ANY PARTY HELD JOINTLY 
AND 
SEVERALLY 
LIABLE 
SHALL 
NOT 
BE 
EXCUSED 
FROM 
RESPONSIBILITY BY VIRTUE OF THE LOCATION OF THE CRIME OR 
THE LACK OF DIRECT PHYSICAL INVOLVEMENT, SO LONG AS 
WILLFUL NEGLIGENCE, KNOWLEDGE OF RISK, OR FAILURE TO ACT 
ON PRIOR INCIDENTS CAN BE PROVEN. THIS PROVISION AIMS TO 
ELIMINATE LEGAL GAPS AND CLARIFY THAT SOLIDARY LIABILITY 
APPLIES NOT ONLY TO MONETARY DAMAGES BUT ALSO TO 
CRIMINAL LIABILITY AND PENALTIES UNDER THIS ACT." 
 
 
SECTION 4. IMPLEMENTING RULES AND REGULATIONS. 
 
The Department of Migrant Workers (DMW), in coordination with the Department 
of Foreign Affairs (DFA), Department of Justice (DOJ), and Overseas Workers 
Welfare Administration (OWWA), shall promulgate the necessary rules and 
regulations to implement the provisions of this Act within ninety (90) days from its 
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effectivity. These shall include operational guidelines on the enforcement of joint 
and several liability provisions for both civil and criminal accountability, and 
strategies to address the implementation issues identified. 
 
 
SECTION 5. SEPARABILITY CLAUSE.  
 
If any provision of this Act is declared invalid or unconstitutional, the provisions not 
affected thereby shall remain in full force and effect. 
 
 
SECTION 6. REPEALING CLAUSE.  
 
All laws, executive orders, proclamations, rules, regulations, and other issuances or 
parts inconsistent with the provisions of this Act are hereby repealed or amended 
accordingly. 
 
 
SECTION 7. EFFECTIVITY.  
 
This Act shall take effect fifteen (15) days following its complete publication in the 
Official Gazette or a newspaper of general circulation. 
 
 
 
Approved, 
 
 
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