FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate 8/11: No. 71 
INTRODUCED BY HON. MANNY VILLAR 
EXPLANATORY NOTE 
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Jtll -1 P 1 34 
The State is duty-bound to maintain and strengthen the mantle of ample support and full 
protection it accords for the upliftment and advancement of the overseas Filipino workers' 
welfare. 
Such duty should also be shared by the. manpower and manning agencies whose 
businesses are inextricably linked with the deployment of Filipino workers overseas and whose 
profits are mainly anchored on the labor services they provide for their foreign business 
partners. The installation of safety nets, among other matters, therefore must be understood as 
not just the sole responsibility of the government but also by those who have a stake in the 
deployment of workers. It is a collective duty that must be embraced and upheld at all times for 
the common good. 
The amendments introduced in this bill on the "Migrant Workers and Overseas Filipino 
Act of 1995" are intended to give stronger teeth in the implementation of the law and to increase 
both the recoverable remunerations of the migrant worker during extraordinary situations such 
as dislocation/displacement, incapacity and death due to natural disasters and catastrophes and 
man-made perils. 
In view of the foregoing, the approval of this initiative is earnestly sought. 
1 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 
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INTRODUCED BY HON. MANNY VILLAR 
AN ACT SETTING HIGHER STANDARDS OF PROTECTION OF MIGRANT WORKERS AND 
THEIR FAMILIES, AMENDING FOR SUCH PURPOSE REPUBLIC ACT NO. 8042 
OTHERWISE ENTITLED AN ACT TO INSTITUTE POLICIES OF 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 PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. A second paragraph is hereby added to Section 4 of Republic Act 8042 
which shall now be read as follows: 
SECTION 4. Deployment of Migrant Workers.- The State shall deploy 
overseas Filipino workers only in countries where the rights of Filipino migrant 
workers are protected. The government recognizes any of the following as 
guarantee for the protection of overseas Filipino workers: 
(a) It has existing labor and social laws protecting the rights of migrant 
workers; 
(b) It is a signatory to multilateral conventions, declarations or resolutions 
relating to the protection of m'lgrant workers; 
(c) The country has concluded a bilateral agreement or arrangement with 
the Philippine Government on the protection of the rights of overseas Filipino 
Workers; and 
(d) It is taking positive, concrete measures to protect the rights of migrant 
workers. 
NOTWITHSTANDING THE ABSENCE OF LEGAL PROCESSING BY 
THE POEA OF OVERSEAS EMPLOYMENT CONTRACTS OF MIGRANT 
WORKERS FOR COUNTRIES MEETING THE ABOVE MENTIONED CRITERIA 
AS REQUIRED BY LAW, THE DOLE, DFA, POEA, OWWA MUST STILL 
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ENSURE THAT ALL THE BENEFITS AND PROTECTION ACCORDED HEREIN 
SHALL BE MAINTAINED IN FAVOR OF THE WORKER WITHOUT ANY 
PREJUDICE TO A COMMENSURATE DIMINUTION OF RECOVERABLE 
COMPENSATION DUE TO THE WORKER IN SITUATIONS WHERE EVIDENT 
BAD FAITH, FRAUD OR GROSS OMMISSION OR NEGLIGENCE CAN BE 
SOLELY ATTRIBUTED TO HIM AND WITHOUT ANY INTERVENTION OF HIS 
. EMPLOYER 
OR 
PLACEMENT 
AGENCY 
IN 
HIS/HER 
TRAVEL 
OR 
PLACEMENT ABROAD AND ON THE FURTHER CONDITION THAT SUCH IS 
ESTABLISHED BY CLEAR AND CONVINCING EVIDENCE. THE FILING OF 
CRIMINAL CHARGES INCLUDING THE PROMULGATION OF JUDGEMENT 
ON THE CASE SHALL NOT PREVENT NOR DELAY THE AWARDING OF 
BENEFITS FOR THE MIGRANT WORKER AND HIS BENEFICIARIES. 
SEC. 2. The second, fourth and fifth paragraphs of Section 10 are hereby amended to 
be read as follows: 
SEC. 10. Money claims. - x x x 
The liability of the principal/employer and the recruitment placement 
agency on any and all claims under this Rule shall be joint and solidary. This 
liability 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.] WHICH SHALL NOT BE 
LESS THAN ONE HUNDRED THOUSAND PESOS (P 100,000.00) shall be 
answerable for all money claims or damages that maybe awarded to the workers. 
IN CASE THERE IS A DEFICIENCY IN THE AMOUNT OF THIS BOND IN THE 
SATISFACTION OF ALL CLAIMS DUE TO THE WORKER, A SUMMARY 
DECISION SHALL BE FORTHWITH ISSUED BY THE LABOR ARBITER 
WHICH SHALL BE FINALAND IMMEDIATELY EXECUTORY. 
xxx 
Any compromise, amicable settlement or voluntary agreement on money 
claims inclusive of damages under this Rule shall be paid within ONE (1) 
MONTH [four (4) months] from the approval of the settlement by the appropriate 
authority. 
In case of termination of overseas employment without just, valid or 
authorized causes as defined by law or contract, the worker shall be entitled to 
the full reimbursement of his placement fee with interest as twelve percent (12%) 
per annum, plus his salaries for the unexpired portion of his employment contract 
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or for three (3) months for every year of the unexpired term, whichever is [less] 
HIGHER. 
SEC. 3. The first paragraph of Section 15 is hereby amended to be read as follows: 
SEC. 15. The repatriation of the worker and the transport of his personal 
belongings shall be the primary responsibility of the agency which recruited or 
deployed the worker overseas. All costs attendant to repatriation shall be born by 
or charged to the agency concerned and/or its principal. Likewise, the 
repatriation of remains and transport of the personal belongings of a deceased 
worker and all costs attendant thereto shall be borne by the principal and/or the 
local agency. However, in cases where the termination of employment is due 
solely to the fault of the worker, the principal/employer, or agency shall [not in 
any manner be responsible for] JOINTLY SHOULDER the COSTS OF 
repatriation of the former and/or his belongings. 
SEC. 4. Section 21 shall be amended to be read as follows: 
SEC. 21.Migrant Workers Loan Guarantee Fund.-In order to further 
prevent unscrupulous illegal recruiters from taking advantage of workers seeking 
employment abroad, the OWWA 
in cooperation with government financial 
institutions, shall institute financing schemes that will expand the grant of pre-
departure loan THAT WILL ADEQUATELY ADDRESS THE PRE-DEPARTURE 
EXPENSES OF THE WORKERS and family assistance loan WHICH SHALL 
NOT BE LESS THAN FIFTY THOUSAND PESOS (P 50,000.00) PER 
WORKER'S FAMILY BENEFICIARIES. For this purpose, a Migrant Workers 
Loan Guarantee Fund is hereby created and the revolving amount of One 
hundred million pesos (P 100, 000, 000.00) from the OWWA is set aside as a 
guarantee fund in favor of participating government financial institutions. 
SEC. 5. The amount necessary to carry out the provisions of this Act shall be sourced 
out from the funds generated by the Philippine Amusement and Gaming Corporation and 
Philippine Charity Sweepstakes Office, and the subsequent funding to be provided for in the 
General Appropriations Act of the year following its enactment into law and thereafter. 
SEC. 6. All other laws, decrees, orders, issuances, rules and regulations or parts thereof 
inconsistent with this Act, are hereby repealed or modified accordingly. 
SEC.7 If for any reason, any section or provision of this Act is held unconstitutional or 
invalid, the other sections or provisions hereof shall not be affected thereby. 
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SEC. 8 This Act shall take effect after fifteen (15) days from its publication in the Official 
Gazette or in at least two (2) national newspapers of general circulation. 
Approved, 
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