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Republic of the Philippines
HOUSE 0F REPRESENTATIVHS
Quezon City, Metro Manila
Nineteenth Congress
Second Regular Session
8698
HOUSE BILL NO.
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Introduced by Representative MA. VICTORIA CO-PILAR
EXPLANATORY NOTH
"Modern Day  Heroes"  is the temi we  use to  describe  our Overseas  Filipino Workers
(OFWs).  Even though outside the Philippine territory,  they  contribute to the  economic
growth of the country through their remittances. Their personal sacrifice of working abroad
in the hopes of giving their family a more decent life makes them the 84GOIVG 84rz4IV/
NG BANSANG PILIPINAS.
The Migrant Workers and Overseas Filipinos Act of 19951 was enacted for the purpose,
among others, of breathing life to the constitutional mandate of affording full protection to
labor, local and overseas. In March 2009, the Supreme Court e# b¢J7c in Serrcz#o vs'. Gcz//cJ#f
Mcrr!./I.me Servz.ces2 declared as unconstitutional the fifth paragraph Section 10 of the Act
as  it violates the  equal  protection clause  and the  due process  clause  provided by the
Constitution. The pertinent provision reads as follows:
In  case  of termination  of overseas  employment  without just,  valid  or
authorized cause as defined by law or contract, the workers shall be entitled
to  the  full  reimbursement  of his  placement  fee  with  interest  of twelve
percent (120/o) per annum, plus his salaries for the unexpired portion of
his employment contract or for three (3) months for every year of the
unexpired term, wfofeA„cr is /ess. B]mphasis supplied]
In July 2009, however, Republic Act No.  10022 was promulgated amending the Migrant
Workers  and  Overseas  Filipinos Act  of  1995,  but  reinstating  the  previously  declared
unconstitutional portion of the Act in the Serr¢#o case.
This bill seeks to affirm the mandate of the constitution to afford full protection to iabor,
local and overseas, by removing the sub-layer of discrimination among OFWs that is, those
who are illegally dismissed, regardless of contract duration, will be entitled to their salaries
I Republic Act No. 8042
2 Serrcmo v.  Gcr//cr#J Mczr!.r!.me Serv;.ces, /ue. , 601  Phil. 245, 302 and 304 (2009) [Per J. Austria-Martinez,
En Banc|


for the entire unexpired portion or for three months of salary for every year of unexpired
portion of the employment contract, whichever is higher.
Inviewoftheforegomg,earlypassogeofthisbllllsurg#


Republic of the Philippines
HOUSE 0F REPRESENTATIVHS
Quezon City, Metro Manila
Nineteenth Congress
Second Regular Session
HoUSEBILLNo.8698
Introduced by Representative MA. VICTORIA CO-PILAR
ANACT
AMENDING  SECTION  7  0F  REPUBLIC  ACT  NO.   10022  AND  FURTHER
REMOVING  TIIE  SUB-LAYER  0F DISCRININATI0N AMONG  OVHRSEAS
FILIPINO WORKERS IN TERMS 0F MONEY CLAIMS
Be it enacted by the Serrate and House Of Representatives Of the Philippines in Congress
assembled:
Section 1. The si2th paragraph of Section 7 of Republic Act No.  10022 is hereby
2       amended to read as follows:
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"In case of termination of overseas employment without just, valid or authorized
cause  as  defined by  law or contract,  or any  unauthorized  deductions  from the
migrant worker's salary, the worker shall be entitled to the full reimbursement of
his placement fee and the deductions made with interest at twelve percent (12%)
per annum, plus his salaries for the unexpired portion of his employment contract
or for three (3) months for every year of the unexpired term, whichever is higher.
Section 2. This Act shall take effect fifteen (15) days after its publication in the
12      Official Gazette or in a newspaper of general circulation.
Approved,