NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE
456
of tl;C r.eUfj>
*22 JUL 13 AlO :02
RECEIVED 07.
S. No
Introduced by SENATOR JIINGGOY EJERCITO ESTRADA
AN ACT
ESTABLISHING GREATER RESPONSIBILITY AND ACCOUNTABILITY FROM 
PRIVATE EMPLOYMENT AGENCIES, AMENDING FOR THE PURPOSE 
REPUBLIC ACT NO. 10361, OTHERWISE KNOWN AS THE "BATAS 
KASAMBAHAY"
EXPLANATORY NOTE
The enactment of Batas Kasambahay was a long and arduous one. It took 
years and several Congresses before it was finally passed Into law. With all humility, 
this Representation is privileged to have been given the opportunity to sponsor it in 
the halls of the Senate in the 15th Congress as then the Chairperson of the Committee 
on Labor, Employment and Human Resources Development. The consolidated efforts 
of the Congress and the advocates of the rights and welfare of kasambahays led to 
the passage of Republic Act No. 10361, otherwise known as the "Domestic Workers 
Act" or "Batas Kasambahay" on January 18, 2013.
The landmark legislation encapsulated the prescribed terms and conditions of 
employment of the kasambahays as well as the social benefits that should be provided 
to them. Nearly one decade after its passage, we have seen the active coordination 
of various concerned agencies such as the Department of Labor and Employment 
(DOLE), Philippine Health Insurance Corporation (PhilHealth), Social Security System 
(SSS), and Home Development Mutual Fund (HDMF) or Pag-Ibig Fund to implement 
its provisions. Regional Tripartite Wage Boards also prescribed minimum wages for 
kasambahays.


While we have seen its benefits for the kasambahays, there is a need to provide 
equal protection to their employers given that fact that the nature and place of their 
work is so Intimate to the latter. Hence, the need to Introduce amendments to 
Republic Act No. 10361.
This bill seeks to require private employment agencies (PEA) to ensure that the 
applicant kasambahay Xs clear of any criminal records and to conduct actual verification 
of the residence and the family background of the applicant. Moreover, the PEAs will 
also be subsidiarily liable in relation to any criminal act committed by the kasambahay 
In the course of his or her employment for a period of one (1) year.
In view of the foregoing, the immediate passage of this bill Is earnestly sought.
Y EJERCITO ESTRADA


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE
456
•22 JDL13 A10:02
Rl-CEiVilD S'r
S. No.
Introduced by SENATOR JINGGOY EJERCITO ESTRADA
AN ACT
ESTABLISHING GREATER RESPONSIBILITY AND ACCOUNTABILITY FROM 
PRIVATE EMPLOYMENT AGENCIES, AMENDING FOR THE PURPOSE 
REPUBLIC ACT NO. 10361, OTHERWISE KNOWN AS THE "BATAS 
KASAM BAH AY"
Be it enacted by the Senate and House of Representative of the Philippines in Congress 
assembled:
1 
Section 1. Section 36 of Republic Act No. 10361, otherwise known as the "Batas
2 
Kasambahay7', Is hereby amended to read as follows:
3 
"Sec. 36. Regulation of Private Employment Agencies
4 
(PEAs). - The DOLE shall, through a system of licensing and
5 
regulation, ensure the protection of BOTH THE domestic
6 
workers hired through the PEAs AND THEIR EMPLOYERS.
7 
"x X X.
8 
"x X X.
9 
"In addition, 
PEAs 
shall 
have 
the 
following
10 
responsibilities:
11 
"(A) ENSURE THAT THE DOMESTIC HELPER HAS
12 
NO CRIMINAL RECORD, AND THERE IS SUFFICIENT
13 
INFORMATION ON THE BONAFIDE RESIDENCE AND
14 
FAMILY BACKGROUND THROUGH ACTUAL
15 
VERIFICATION, AND TO THE EXTENT POSSIBLE,


1 
SUPPORTED BY RELEVANT DOCUMENTS SUCH AS
I,
2 
NATIONAL BUREAU OF INVESTIGATION (NBI),
3 
POLICE AND BARANGAY CLEARANCES 
OR
4 
CERTIFICATES, AND BIRTH CERTIFICATES;
5 
"[(9)] (B) Ensure that THE domestic worker [s-are] IS
6 
not charged or levied any recruitment or placement fees;
7 
"[{h}] (C) Ensure that the employment agreement
8 
between the domestic worker and the employer stipulates the
9 
terms and conditions of employment and all the benefits
10 
prescribed by this Act;
11 
"[(€}] (D) Provide a pre-employment orientation
12 
briefing to the domestic worker and the employer about their
13 
rights and responsibilities In accordance with this Act;
14 
"[W] (E) Keep copies of employment contracts and
15 
agreements pertaining to THE recruited domestic worker[s]
16 
which shall be made available during inspections or whenever
17 
required by the DOLE or local government officials;
18 
"[{^] (F) Assist THE domestic worker[s] with respect
19 
to complaints or grievances against the[w] employer[s]; and,
20 
"[{^] (G) Cooperate with government agencies in
21 
rescue operations involving AN abused or exploited domestic
22 
worker[s]."
23 
Sec. 2. A new sub-section is hereby inserted after Section 36 of the "Batas
24 
Kasambahay" which shall read as follows:
25 
"SEC. 36-A. RESPONSIBILITY OF PEAs TO
26 
EMPLOYERS. - THE PEA SHALL BE SUBSIDIARILY
27 
LIABLE IN RELATION TO ANY CRIMINAL ACT
28 
COMMITTED BY THE DOMESTIC WORKER AGAINST
29 
THE EMPLOYER IN THE COURSE OF THE DOMESTIC
30 
WORKER'S EMPLOYMENT: PROVIDED, THAT SUCH
31 
ACCOUNTABILITY SHALL CEASE AFTER ONE (1) YEAR


1 
FROM THE FIRST DAY OF THE DOMESTIC WORKER'S
2 
EMPLOYMENT WITH THE EMPLOYER/'
3 
Sec. 3, Implementing Rules and Regulations, — Within ninety (90) days from
4 
the effectivity of this Act, the Secretary of Labor and Employment shall, In coordination
5 
with the Secretary of Social Welfare and Development, the Secretary of the Interior
6 
and Local Government, the Director General of the Philippine National Police, other
7 
concerned government agencies, and accredited non-government organizations
8 
assisting domestic workers, promulgate the necessary rules and regulations to
9 
implement this Act.
10 
Sec. 4. Separability Clause. - If any provision or part hereof is held Invalid or
11 
unconstitutional, the remainder of the law or the provision or part not otherwise
12 
affected shall remain valid and subsisting.
13 
Sec. 5. Repealing Clause. - All laws, decrees, orders, rules and regulations or
14 
parts thereof inconsistent with this Act are hereby repealed or amended accordingly.
15 
Sec. 6. Effectivity. - This Act shall take effect fifteen (15) days after its
16 
publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved,