Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

‘THIRTEENTH CONGRESS
First Regular Session

upno. 1618

Introduced by Rep. Roseller L. Barinaga

EXPLANATORY NOTE

Both migrant Filipinos and overseas Filipino workers play vitat role in the economic survival
of this nation especially during this period of recession. This year alone, the Bangko Sentral
ng Pilipinas, in its July 2004 projections, estimated another hefty amount of 8 Billion Dallars
in remittances from this sector of our sociely. These contributions, in many ways and as
always, help maintain our dollar reserves, assuming as a buffer to help fill in for our
govemment’s annual budget deficits.

Grounded on this premise, it is of utmost importance that our govanment, through its
consular representatives the world over where migrant Filipinos and OFWs ae present,
Siould take extra diligence and cognizance of the urgent needs of this sector of our society
however their legal statuses may be

‘The mactment of Republic Act No.8042 sometime in 1995 was a welcome development to
many in the affected sector as the law was primarily aimed at promoting migrant workers as
well as overseas Fitipino workers and their families and dependants especially diose who are
in distressed situation. However, after almost a decade from its enactment into law, migrant
Filipinos and OF We sill face more problems — offen a result of gross negligence and sheer
apathy on the part of government officials who are supposed to take cudgds of this sector
who are away from their home country.

‘There are litanies of testimonial experiences from migrant Filipinos and OFWs that would
simply justify their reluctance to seek assistance from our embassies or consular offices
abroad during their difficult situations. Albeit there may be exceptions, but they simply
camiot afford to plead assistance to a govemment office abroad which personnel and officials
‘appear very unfriendly and often put them to further precariously conditions.

‘This bill, therefore, seeks to impose penalties on government personnel and officials abroad,
who are stationed in various Consular Offices worldwide, for gross negligence to act on
complaints of, or f give assistance or render service especially to distressed migrant
Filipinos and OF Ws, their families and dependents, amending, therefore, for the purpose
Republic Act No.8042, otherwise known as the “Migrant Workers and Overseas Filipinos
Act of 1995.”


Punishing negligent officials of goverment will certainly ensure the delivery of expected
services and responsibilities due our migrant Filipinos ad OFWs abroad. This will also
prove the commitment of this government to pay back this sector of the Philippine society for
its contribution for the country’s economic resilience and survival.

Is thjs-fight that the approval of this bill is eamestly enjoined.

OSELLER L. BARINAGA
Representative, 2™ District
Zamboanga det Norte



‘THIRTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES
weno. 1618

Introduced by Rep. Roseller L. Barinaga

AN ACT

TO IMPOSE STIFFER PENALTIES ON GOVERNMENT PERSONNEL AND
OFFICIALS STATIONED AT VARIOUS EMBASSIES AND CONSULAR OFFICES
ABROAD FOR GROSS NEGLIGENCE TO ACT ON COMPLAINTS OF, OR TO
GIVE ASSISTANCE OR RENDER SERVICE ESPECIALLY TO DISTRESSED
MIGRANT FILIPINOS AND OFWS, THEIR FAMILIES AND DEPENDENTS,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 8042, OTHERWISE
KNOWN AS THE “MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF
1995.”

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
Assembled :

SECTION 1. Republic Act No. 8042, otherwise known as the “Migrant Workers and
Overseas Filipinos Act of 1995” is hereby amended by adding a new section after Section 24
to be denominated a Section 24-A to read as follows:

“SEC. 24-4. PENALTIES. - WITHOUT PREDUDICE FO THE
FILING OF CRIMINAL COMPLAINT, ANY GOVERNMENT
PERSONNEL AND/OR OFFICIAL STATIONED AT A SPECIFIC
EMBASSY AND/OR CONSULAR OFFICE ABROAD WHO FAILS OR
REFUSES TO RENDER THE SERVICE/S AND/OR ASSISTANCE
PROVIDED IN TITLES Ml, IV AND V OF THIS ACT SHALL, AFTER
DUE NOTICE AND HEARING, AND IF FOUND GUILTY, BE PUNISHED
WITH SUSPENSION FROM OFFICE OF NOT LESS THAN NINETY (0)
DAYS WITHOUT PAY OR DISMISSAL FROM THE SERVICE WITH
FORTEITURE OF RETIREMENT AND OTHER BENEFITS. AND SHALL,
BE DISQUALIFIED FROM HOLDING ANY OTHER PUBLIC OFFICE.
FOR THIS PURPOSE,

WHENEVER NECESSARY AND IN THE INTEREST OF FAIR
‘TRIAL, SUCH GOVERNMENT PERSONNEL AND/OR OFFICIAL
SHALL IMMEDIATELY BE RECALLED FROM HIS/HER FOREIGN
POST AND TEMPORARILY BE RELIEVED OF ANY POSITION FROM.


‘THE DEPARTMENT OR AGENCY OF GOVERNMENT UNTIL HIS/HER
CASE IS DECIDED WITH FINALITY.

SEC. 2. The Office of the Ombudsman, in coordination with the Department of
Foreign Affairs (DFA) and the Department of Labor ad Employment (DOLE), shall
formulate the necessary rules and regulations for the proper and effective implementation of
this Act within ninety (90) days from its approval.

SEC. 3. This Act shall take effect after fifteen (15) days from its publication in at least
two @2) national newspapers of general circulation.

Approved.