NINETEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
)
SENATE
s. No. 2381
o( tiJ? {5-.: :• rfarp
23 AUG -1 P1 37
RtCEfVtO BV
Introduced by Senator MANUEL "LITO" M. LAPID
AN ACT
TO STRENGTHEN HUMAN RIGHTS EDUCATION AND THE SYSTEM OF LEGAL 
ASSISTANCE FOR MIGRANT WORKERS, AMENDING FOR THE PURPOSE 
SECTION 23 OF REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS THE 
MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995, AS
AMENDED
EXPLANATORY NOTE
Human rights have been at the front and center of the past decade. Many 
regarded it as an important element for human survival, while some have considered 
it as an expendable commodity that can be bargained away at the right argument. 
But through it all, one thing is certain: all of us have human rights which we must hold 
dear and sacred.
The Constitution is clear that the State must provide "legal measures for the 
protection of human rights of all persons within the Philippines, as well as Filipino 
residing abroad", and "preventive measures and legal aid services to the 
underprivileged whose human rights have been violated or need protection."
Human rights belongs equally to the rich and poor; and certainly not only to 
those who can afford lawyers to grandstand for them at the slightest provocation.
Many have failed to realize that the benefits and privileges we either enjoy or 
not enjoy, are highly dependent on the human rights that our neighbors and our 
government give respect and protectiort to. And because of this, we have become 
susceptible to abuse and exploitation.


Among the marginalized sectors who are often made vulnerable to 
transgressions of their human rights are the Overseas Filipino Workers (OFWs) who 
often just sign away their rights on the hope that their lives will soon become better. 
This is in absolute contravention of Republic Act No. 8042, otherwise known as the 
"Migrant Workers and Overseas Filipinos Act of 1995", which has clearly stated that 
"[t]he existence of the overseas employment program rests solely on the assurance 
that the dignity and fundamental human rights and freedoms of the Filipino citizens 
shall not, at any time, be compromised or violated."
Over the years, the need to earn a living has diluted the value of human rights. 
This has evidently opened the doors of abuse against OFWs - especially domestic 
employees who, by reason of their lack of knowledge and appreciation about human 
rights, have rendered them most defenseless against attacks.
The horror stories of Filipina domestic helpers whose bodies have turned black 
and blue at the hands of abusive employers have haunted the news. We have come 
across viral videos on social media of yayas in the Middle East begging to be rescued 
after having been splattered with scalding hot water. We all have heard stones of 
OFWs in Asia being starved for days on end because employers treat them like animals 
needing to respect nor protection.
These are the abuses that this bill now seeks to prevent. Our OFWs have been 
subjected to the worst working conditions and inhumane treatment because around 
the world, cruel employers know that the weapon they can used against poverty- 
stricken people is their ignorance of the law. While Republic Act No. 8042, otherwise 
known as the "Migrant Workers and Overseas Filipino Act of 1995", has been around 
for decades, the abuses continue.
It cannot be denied that there are gaps in existing laws that permit the abuses 
to flourish unabated. And it starts with the State's failure to integrate in the 
consciousness of OFWs the human rights that they all are entitled to. The lack of 
effective education and information drive has led many OFWs to accede to waivers 
that would sign away the rights and privileges they would otherwise have been entitled


to and has led them to think that the abuses are fine as long as they are paid as 
stipulated in the contract.
This is where we must step in. The gaps which have been used to circumvent 
the laws must now be addressed. We must dress OFWs up with knowledge and equip 
them with know-how so that abuses will be minimized, if not fully eradicated.
The most salient feature of this measure is the amended of the Migrant Workers 
and Overseas Filipinos Act of 1995 by mandating the Commission on Human Rights to 
provide human rights education and legal assistance to OFWs. For these things cannot 
be merely entrusted to the inexperienced and unskilled who conduct seminars and 
training just for the sake of complying with requirements.
In view of the foregoing, early passage of this bill is earnestly requested.
MA
lEL "LITO" M. LAPID
Senator


senate
of the f c'. ftar^
NINETEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
)
SENATE
S. No. 2381
23 AUG-1 PI 37
RHCEI'/rD BV;
Introduced by Senator Manuel "Lito" M. Lapid
1 
AN ACT
2 
TO STRENGTHEN HUMAN RIGHTS EDUCATION AND THE SYSTEM OF LEGAL
3 
ASSISTANCE FOR MIGRANT WORKERS, AMENDING FOR THE PURPOSE
4 
SECTION 23 OF REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS THE
5 
MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995, AS
6 
AMENDED
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled:
1 
Section 1. Under Section 23 of Republic Act No. 8042, as amended by Republic
8 Act No. 10022, add new paragraph (e) to read as follows:
10
11
12
13
14
15
16
17
18 
19
"Section 23. ROLE OF GOVERNMENT AGENCIES. - The following 
government agencies shall perform the following to promote the welfare 
and protect the rights of migrant workers and, as far as applicable, all 
overseas Filipinos:
XXX
(E) COMMISSION ON HUMAN RIGHTS. - THE COMMISSION ON 
HUMAN RIGHTS (CHR) SHALL DEVELOP AND MONITOR A 
HUMAN RIGHTS EDUCAION PROGRAM FOR OVERSEAS 
FILIPINO WORKERS, IN LINE WITH ITS FUNCTION TO 
ESTABLISH A CONTINUING PROGRAM OF RESEARCH,


1 
EDUCATION, AND INFORMATION TO ENHANCE RESPECT FOR
2 
THE PRIMACY OF HUMAN RIGHTS. IN PARTNERSHIP WITH THE
3 
DEPARTMENT OF MIGRANT WORKERS (DMW), THE DFA, THE
4 
DOLE AND OTHER CONCERNED GOVERNMENT AGENCIES. THE
5 
PROGRAM WILL SUPPLEMENT THE PRE-DEPARTURE AND THE
6 
POST-ARRIVAL ORIENTATION SEMINARS BY INTEGRATING
7 
HUMAN RIGHTS EDUCATION IN THE AGENCIES' RESPECTIVE
8 
PROGRAMS.
9 
THE CHR, AS GENDER OMBUD, SHALL ALSO PROMOTE THE
10 
PRIMACY OF HUMAN RIGHTS OF WOMEN AND PERSON WITH
11 
DIVERSE SEXUAL ORIENTATION OR GENDER IDENTITY
12 
THROUGH RESEARCH, EDUCATION, AND INFORMATION.
13 
LIKEWISE, THE OFFICIAL MISSION ABROAD, INCLUDING
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EMBASSIES AND CONSULATE, ARE HEREBY MANDATED TO
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ACTIVELY INVOLVE THE CHR IN THEIR SYSTEM AND
16 
PROVISION OF LEGAL ASSISTANCE TO OUR MIGRANT
17 
WORKERS. ON ITS PART, AND IN COORDINATION WITH THE
18 
CONCERNED UNIT AND PERSONNEL OF OUR MISSION
19 
ABROAD, THE CHR SHALL EXERT UTMOST EFFORTS TO FULFILL
20 
ITS CONSTITUTIONAL MANDATE OF PROVIDING FOR
21 
PREVENTIVE MEASURES AND LEGAL AND ASSISTANCE TO THE
22 
WORKERS WHO ARE IN NEED OF PROTECTION OR REDRESS
23 
FROM ABUSES AND VIOLATIONS OF HUMAN RIGHTS."
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Sec. 2. Repealing Clause- Any law, presidential decree or issuance, executive
25 
order, letter of instruction, rule of regulation inconsistent with the provisions of this
26 
Act is hereby repealed or modified accordingly.
27 
Sec. 3. Separability Clause. - If, for any reason, any section or provision of this
28 
Act is held unconstitutional or invalid, the other sections or provisions hereof shall not
29 
be affected and thereby remain in full force and effect.


1 
Sec. 4. Effectivity Clause. - This Act shall take effect fifteen (15) days following
2 
its publication in the Official Gazette or in two (2) newspapers of general circulation
3 
in the Philippines.
Approved,