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Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

Nineteenth Congress

First Regular Session

~~ 4256

House Bill No.

Introduced by :

HON. MARISSA ‘DEL MAR’ P. MAGSINO
ONE FILIPINOS WORLDWIDE (OFW) PARTYLIST

EXPLANATORY NOTE

Repatriation is the process of bringing back to the country distressed and
stranded overseas Filipino workers (OFWs) who have been abused and maltreated,
lost their jobs, suffering from serious illnesses, or their remains, from the host
countries where they work. In some instances, it is carried out in the event of
military or political upheavals, public health emergencies, or massive natural
calamities occurring in countries where OFWs work requiring for their immediate
rescue and transport back to the Philippines.

Repatriation of our OFWs is a costly undertaking. Section 15 of Republic Act
No, 8042, as amended, requires that the repatriation of the worker, or his remains,
and the transport of his personal belongings is the primary responsibility of the
agency which recruited or deployed the worker overseas, and that all costs
attendant thereto shall be borne by it, except when the termination of employment
is due solely to the fault of the worker. On the other hand, the Overseas Workers
Welfare Administration (OWWA) is tasked to undertake the repatriation of workers
in cases of war, epidemic, disasters or calamities, and other similar events, without
prejudice to reimbursement by the responsible agency, if the same can be
identified. In the case of a minor OFW, when discovered, the Department of Foreign
Affairs (DFA) is directed to cause the mandatory repatriation of the subject minor



OFW. To defray the expenses of repatriation by the government, the law
established an emergency repatriation fund for the purpose.

But the more problematic concern is that the process of repatriation is, not
only complex, but as attested to by our OFWs’ experiences, snail-paced in
implementation and execution, There have been numerous accounts of stranded
OFWs who fled from their abusive employers and are forced to seek refuge in
rented shelters or encamp in alleys or other public places while waiting to be
repatriated. The luckier ones find solace in half-way houses provided for by our
embassies or consulates, if there are. The delay in their actual repatriation, whether
due to bureaucratic red tape, lack of funding, or ineptitude or apathy of concerned
government and consular officials, is of no greater moment than the fact the
agonies of our suffering OFWs is unjustly prolonged. The same is true for families of
OFWs left behind awaiting the return of the remains of their love ones while
grieving.

Admittedly, the duration for completing the repatriation process varies
depending on the reason for repatriation and the circumstances of the OFWs
concerned. But it cannot be sufficient justification to dispense with the need for
time limits within which to complete the repatriation process. Providing for a
specific time period for completion will oblige concerned government agencies to
ensure that requests or directives for repatriation of OFWs are attended to and
implemented with reasonable promptness.

This bill mandates that in all cases of repatriation as provided for in Republic
‘Act No. 8042, the OWWA must complete its evaluation of the written request
for repatriation and inform the requesting party of its decision within five (5)
working days from the receipt of the written request by the OWWA's Field
Services Office (FSO), Workers Assistance Division (WAD), Regional OWWA Units
(ROUs), or other appropriate office. Should the OWWA find that there is a need
for repatriation, the OWWA must ensure that the migrant worker concerned Is
repatriated within fifteen (15) working days from the date that notice of approval
is given to the requesting party, and within thirty (30) working days in the case of
remains of a deceased OFW as the case may be.

In cases where the OFW to be repatriated is a minor, the requesting party must
be informed of OWWA’s decision within three (3) working days from the receipt of the
written request, and if a need for repatriation is found, the same must be implemented
within ten (10) working days from the date that notice of approval is given to the
requesting party.


The enactment of this proposed measure will lessen the anguish and
sufferings of our distressed and stranded OFWs while waiting for their repatriation,
as well as allay the fears and reduce the anxiety of their love ones waiting back
home.

For the foregoing reason, the immediate consideration and passage of this

bill is earnestly urged.
. K Ts
YW het flew oy

HON. MARISSA ‘DEL MAR’ P. MAGSINO


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Republic of the Philippines
House of Representatives
Queson City, Metro Manila

Nineteenth Congress
First Regular Session

House Bilt No. 4295

Introduced by :

HON. MARISSA ‘DEL MAR’ P. MAGSINO
ONE FILIPINOS WORLDWIDE (OFW) PARTYLIST

AN ACT
TO EXPEDITE THE PROCESS OF REPATRIATION OF FILIPINO
MIGRANT WORKERS.

Be jit enacted by the Senate and House of Representative of the
Philippines in Congress assembled:

SECTION 1. Expedited Repatriation. — The request for repatriation must
be in writing, and may be made by the migrant worker, relatives of the
migrant worker up to the second degree of consanguinity or affinity, non-
government organizations or government offices. Such requests shall be
resolved within the following periods:

(a) In all cases of repatriation which fall under the coverage of the
first paragraph of Section 15 of Republic Act No. 8042 where the migrant
worker is still alive, the Overseas Workers Welfare Administration (OWWA)
must complete its evaluation of the written request for repatriation and
inform the requesting party of its decision within five (5) working days from the
receipt of the written request by the OWWA's Field Services Office (FSO),
Workers Assistance Division (WAD), Regional OWWA Units (ROUs), or other
appropriate office. Should the OWWA find that there is a need for
repatriation, the OWWA must ensure that the migrant worker concerned is
repatriated within fifteen (15) working days from the date that notice of
approval is given to the requesting party.


(b) _ In all cases of repatriation which fall under the coverage of the first
Paragraph of Section 15 of Republic Act No. 8042 where the migrant worker is
deceased, the OWWA must complete its evaluation of the written report for
repatriation and inform the requesting party of its decision within five (5)
working days from the receipt of the written request by the OWWA’s Field
Services Office (FSO), Workers Assistance Division (WAD), Regional OWWA
Units (ROUs) or other appropriate office. Should the OWWA find that there is
a need for repatriation, the OWWA must ensure that the body of the migrant
worker concerned is repatriated within thirty (30) working days from the date
that notice of approval is given to the requesting party. In all cases of
repatriation which fall under the coverage of the first paragraph of Section 15 of
Republic Act No 8042 in cases of war, epidemic, disasters or calamities, natural or
man-made, and _ other similar events, the OWWA shall, without delay, undertake
the repatriation of workers in the affected regions. The OWWA shall bear the
costs and primary responsibility for this repatriation, without prejudice to
reimbursement by the responsible principal or agency.

(©) _ Inall cases of repatriation which fall under the coverage of Section 16
of Republic Act No. 8042, the OWWA must complete its evaluation of the written
request for repatriation and inform the requesting party of its decision within
three (3) working days from the receipt of the written request by the OWWA's
Field Services Office (FSO), Workers Assistance Division (WAD). Regional OWWA
Units (ROUS), or other appropriate office. Should the OWWA find that there is a
need for repatriation, the OWWA must ensure that the migrant worker
concerned is repatriated within ten (10) working days from the date that notice
of approval is given to the requesting party.

(@ Failure on the part of any responsible employee or officer of the
OWWA to comply with the preceding paragraphs shall merit sanctions, including
but not limited to suspension from work without pay, to be determined in the
rules and regulations to be promulgated in accordance with this Act.

SECTION 2. Email Requirement: Penalties for Unresponsive Agencies. -
All licensed recruitment agencies must have at least one (1) current and active
email address on record with the Philippine Overseas Employment Administration
(POEA). It shall be the responsibility of the recruitment agency to keep the POEA
updated on any changes in the aforementioned email address.

Failure of the recruitment agency to respond to any communication from the
POEA concerning the repatriation of a migrant worker, sent to the agency's
email address on record, within forty-eight hours, shall merit sanctions to be


determined by the POEA in its rules and regulations to be promulgated in
accordance with this Act; Provided, That an automated email reply, or a
statement to the effect that the proper/appropriate official of the agency is
unavailable, shall not constitute a reply under this Section.

SECTION 3. Pre-Emptive Submission to the Department of Foreign Affairs.
- Within ten (10) working days from the departure of the migrant worker from the
Philippines, pursuant to employment facilitated by a local recruitment or
placement agency, such agency shall submit to the Department of Foreign Affairs
(DFA) one original copy of the Birth Certificate of the migrant worker and one
certified true copy of the current passport of the migrant worker, which shall
constitute part of the documentary requirements under Section 4 of this Act. The
license of a recruitment/manning agency which fails to comply with this provision
shall be suspended until it has fully complied with the same, without prejudice co
any other sanctions that may be imposed by the POEA.

SECTION 4. Expedited Replacement of Detained Passports. - In situations
wherein the passport of a migrant worker, who is subject to an approved request
for repatriation pursuant to Section 1 of this Act, has been detained by his/her
employer or other party, without the consent of the migrant worker, the migrant
worker shall be issued a new passport or travel document upon written request of
the migrant worker, and under an expedited procedure to be jointly promulgated by
the OWWA, POEA, and DFA in accordance with this Act: Provided, that:

(a) No other pre-existing public or government issued document shall be
required to be submitted, as the documents submitted under Section 3 of this Act
shall be deemed sufficient;

(b) Any fees required shall be considered as part of the repatriation cost,
to be shouldered by the principal, agency or OWWA as the case may be, subject to
appropriate reimbursement;

(©) Upon approval of the request, the new passport or travel document
must be issued to the migrant worker within fifteen (15) working days from such
approval; and,

(4) Such expedited rules shall be of uniform and shall apply to all
Philippine embassies.

(©) Any responsible public officer or employee who fails to comply with the
provision of this Section shall be subject to administrative penalties to be
determined in the rules and regulations to be promulgated pursuant to this Act.


SECTION 5. Implementing Rules and Regulations - Within sixty (60) days
from the effectivity of this Act, the OWWA, the POEA and the DFA shall promulgate
the rules and regulations necessary for the effective implementation of this Act.

SECTION 6. Separability Clause.- If any provision of this Act or any part
thereof, is declared unconstitutional, the same shall not affect the validity and
effectivity of the other provisions.

SECTION 7. Repealing Clause. - All laws, decrees, rules and regulations, and
executive orders contrary to or inconsistent with this Act, are hereby repealed or
modified accordingly.

SECTION 8. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved.