FOURTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
9 APR 22 P 2  ::?3 
, RECEIVE a fry . - 
S E N A T E  
Senate Bill No.3$8_0 
INTRODUCED BY SEN. MANNY VILLAR 
EXPLANATORY NOTE 
The contribution of Filipino overseas workers in the country's economic 
recovery has proven to be both vital and indispensable. Hailed as modern day 
heroes, Filipino overseas workers have been considered as one of the major 
forces in the labor front today, hence they should be provided with full 
protection and assistance. 
This bill seeks to improve the standards of protection and assistance for 
migrant workers. It provides, among others, that in the absence of a clear 
showing that any of the guarantees enumerated under the law exists in the 
country of destination of the migrant workers, or if the Department of Foreign 
Affairs and the Department of Labor and Employment fail to report to Congress 
the information required, it shall be unlawful for any official or employee of the 
department of labor and employment to' issue the necessary permit for the 
deployment of migrant workers. 
The bill also provides that the official or employee of the government who 
willfully and grossly violates the provisions of the act, by substantial evidence in a 
proper administrative proceeding, be removed or dismissed from service with 
disqualification to hold any appointive public office for a period of five (5) years. 
In view of the foregoing, the approval of this bill is earnestly requested. 
MANNY 9 
ILLAR 


FOURTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
Senate Bill N o . 3 X o  
INTRODUCED BY SEN. MANNY VILLAR 
AN ACT IMPROVING THE STANDARDS OF PROTECTION AND 
ASSISTANCE FOR MIGRANT WORKERS, AMENDING FOR THIS 
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. Section 4 of Republic Act No. 8042, otherwise known as the 
"Migrant Workers and Overseas Filipinos Act of 1995", is hereby amended to 
read as follows: 
"SEC. 4. Deployment of Migrant Workers. - The State shall 
deploy overseas Filipino workers only in countries where the rights 
of Filipino migrant workers are protected. The government 
recognizes any of the following as a guarantee on the part 
of the 
receiving country for the protection and the rights of overseas 
Filipino workers: 
"(a) It has existing labor and social laws protecting the rights 
of migrant workers: 
"(b) It is a signatory to multilateral conventions, declarations 
or resolutions relating to the protection of migrant workers; 
"(c) It has concluded a bilateral agreement or arrangement 
with the government protecting the rights of overseas Filipino 
workers.[; and 
"(d) It is taking positive, concrete measures to protect the 
rights of migrant workers.] 
AND 
"IN THE ABSENCE OF A CLEAR SHOWING THAT ANY 
OF THE GUARANTEES ENUMERATED UNDER THIS ACT 
EXISTS IN THE COUNTRY OF DESTINATION OF THE MIGRANT 
WORKERS, OR IF THE DEPARTMENT OF FOREIGN AFFAIRS 
AND THE DEPARTMENT OF LABOR AND EMPLOYMENT FAIL 
TO REPORT TO CONGRESS THE INFORMATION REQUIRED 
UNDER SECTION 33 OF THIS ACT, IT SHALL BE UNLAWFUL 
FOR ANY OFFICIAL OR EMPLOYEE OF THE DEPARTMENT OF 
LABOR AND EMPLOYMENT TO ISSUE THE NECESSARY 
PERMIT FOR THE DEPLOYMENT OF MIGRANT WORKERS. 
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“THE OFFICIAL OR EMPLOYEE, OF THE GOVERNMENT 
WHO WILFULLY AND GROSSLY VIOLATES THE PROVISIONS 
OF THE IMMEDIATELY PRECEDING PARAGRAPH SHALL, BY 
SUBSTANTIAL EVIDENCE IN A PROPER ADMINISTRATIVE 
PROCEEDING, BE REMOVED OR DISMISSED FROM SERVICE 
WITH DISQUALIFICATION TO HOLD ANY APPOINTIVE PUBLIC 
OFFICE FOR FIVE (5) YEARS.” 
SEC. 2. The first and fourth paragraphs of Section 10 of Republic Act No. 
“SEC. I O .  Monetary Claims. - Notwithstanding any provision 
of law to the contrary, the Labor Arbiters of the National Labor 
Relations Commission (NLRC) shall have the original and exclusive 
jurisdiction to hear and decide, within ninety (90) calendar days 
after the filing of the complaint, the claims arising out of an 
employer-employee relationship or by virtue of any law or contract 
involving Filipino workers for overseas deployment, WHETHER 
RECRUlTEDlDEPLOYED 
BY 
LICENSED/UNLICENSED 
AGENCIES OR INDIVIDUALS OR BY THE 
POEA, 
including 
claims for actual, moral, exemplary and other forms of damages. 
8042 are hereby amended to read as follows: 
“X x x 
“Any 
cornpromise/arnicable 
settlement 
or 
voluntary 
agreement on money claims inclusive of damages under this 
section shall be paid within [four (4) months] ONE (1) MONTH from 
the approval of the settlement by the appropriate authority.” 
SEC. 3. A new Section IO-A of Republic Act No. 8042 is hereby added to 
read as follows: 
“SEC. IO-A. COMPULSORY LlABlLlTY lNSURANCE FOR 
EVERY WORKER. - IN ADDITION TO THE PERFORMANCE 
BOND TO BE FILED BY THE RECRUlTMENTlPLACEMENT 
AGENCY 
UNDER 
SECTION 
I O ,  
EACH 
WORKER 
DEPLOY EDlPROCESSED 
BY 
A 
LICENSED 
RECRUlTMENTlPLACEMENT AGENCY ‘AND THE POEA SHALL 
BE COVERED BY A COMPULSORY EMPLOYMENT LIABILITY 
INSURANCE WHICH SHALL BE ANSWERABLE FOR MONEY 
CLAIMS OR DAMAGES THAT MAY BE AWARDED OR GIVEN 
TO THE WORKER IN A JUDGMENT OR SETTLEMENT OF 
HlSlHER CASE. SUCH INSURANCE COVERAGE SHALL BE 
SECURED AT NO COST TO THE WORKER. 
“THE INSURANCE COVERAGE PER WORKER SHALL 
BE EQUIVALENT TO THREE (3) MONTHS OF THE WORKER’S 
SALARY 
FOR 
EVERY 
YEAR 
OF 
CONTRACT. 
ONLY 
REPUTABLE 
PRIVATE 
INSURANCE 
COMPANIES 
REGISTERED WITH THE INSURANCE COMMISSION (IC), DULY 
ENDORSED 
BY 
A 
RECOGNIZED 
ASSOCIATION 
OF 
RECRUlTMENTlPLACEMENT AGENCIES, AND IN EXISTENCE 
FOR 
AT 
LEAST 
FIVE 
(5) YEARS 
PRIOR 
TO 
THE 
PROMULGATION OF THIS ACT SHALL BE QUALIFIED TO 
PROVIDE FOR THIS INSURANCE COVERAGE. 
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“IN CASE IT IS SHOWN, IN A PROPER ADMINISTRATIVE 
PROCEEDING, THAT THE WORKER WHO WAS DEPLOYED BY 
A LICENSED RECRUlTMENT/PLACEMENT AGENCY HAS PAID 
FOR THE PREMIUM OR THE COST OF THE INSURANCE 
COVERAG E, 
THE 
SAID 
LICENSED 
RECRUlTMENTlPLACEMENT AGENCY SHALL LOSE ITS 
LICENSE AND ALL ITS OFFICERS AND DIRECTORS SHALL 
BE PERPETUALLY DISQUALIFIED FROM ENGAGING IN THE 
BUSINESS OF RECRUlTMENTlPLACEMENT OF OVERSEAS 
WORKERS. SUCH PENALTY IS WITHOUT PREJUDICE TO ANY 
OTHER LIABILITY WHICH SUCH OFFICERS AND DIRECTORS 
MAY HAVE INCURRED UNDER EXISTING LAWS, RULES OR 
REGULATIONS. 
“THE SUBMISSION OF CERTIFICATE OF INSURANCE 
COVERAGE SHALL BE REQUIRED BY THE POEA FOR THE 
PROCESSING OF THE CONTRACTS OF THE WORKERS, 
ARE ALLOWED BY LAW.” 
INCLUDING REHIRES, NAME-HIRES AND DIRECT HIRES WHO 
SEC. 4. Section 32 of Republic Act No. 8042 is hereby amended to read 
as follows: 
“SEC 
32. 
POEA 
and 
OWWA 
Board; 
Additional 
Memberships. - Notwithstanding any provision of law to the 
contrary, the respective Boards of the POEA and the OWWA shall, 
in addition to their present composition, have three (3) members 
each who shall come from the women, sea-based and land-based 
sectors respectively, [to be appointed by the President in the same 
manner as the other members] TO BE SELECTED AND 
NOMINATED OPENLY BY THE GENERAL MEMBERSHIP OF 
THE SECTOR BEING REPRESENTED. “THE SELECTION AND 
NOMINATION SHALL BE GOVERNED BY THE FOLLOWING 
GUIDELINES: 
“(A) THE POEA AND THE OWWA SHALL LAUNCH A 
MASSIVE INFORMATION CAMPAIGN ON THE SELECTION OF 
NOMINEES 
AND 
PROVIDE 
FOR 
A 
SYSTEM 
OF 
CONSULTATIVE SESSIONS FOR THE CERTIFIED LEADERS 
OR REPRESENTATIVES OF THE CONCERNED SECTORS, AT 
LEAST THREE (3) TIMES, WITHIN NINETY (90) DAYS BEFORE 
THE BOARDS SHALL BE CONVENED, FOR PURPOSES OF 
SELECTION. THE PROCESS SHALL BE OPEN, DEMOCRATIC 
AND TRANSPARENT. 
“ONLY NONGOVERNMENT ORGANIZATIONS THAT 
PROTECT AND PROMOTE THE RIGHTS AND WELFARE OF 
OVERSEAS FILIPINO WORKERS, DULY REGISTERED WITH 
THE APPROPRIATE PHILIPPINE GOVERNMENT AGENCY AND 
IN GOOD STANDING AS SUCH, AND IN EXISTENCE FOR AT 
LEAST THREE (3) YEARS PRIOR TO THE NOMINATION, 
SHALL BE QUALIFIED TO NOMINATE A REPRESENTATIVE 
FOR EACH SECTOR TO THE BOARD; 
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“(B) THE NOMINEE MUST BE AT LEAST TWENTY-FIVE 
(25) YEARS OF AGE, ABLE TO READ AND WRITE, AND A 
MIGRANT WORKER AT THE TIME OF HlSlHER NOMINATION 
OR WAS A MIGRANT WORKER WITH AT LEAST THREE (3) 
YEARS EXPERIENCE AS SUCH; 
“(C) A FINAL LIST OF ALL THE NOMINEES SELECTED 
BY THE POEAlOWWA GOVERNING BOARDS, WHICH SHALL 
CONSIST OF THREE (3) NAMES FOR EACH SECTOR TO BE 
REPRESENTED, SHALL BE SUBMITTED TO THE PRESIDENT 
AND 
PUBLISHED 
IN 
A 
NEWSPAPER 
OF 
GENERAL 
CIRCULATION; AND “(D) WITHIN THIRTY (30) DAYS FROM THE 
SUBMISSION OF THE LIST, THE PRESIDENT SHALL THEN 
APPOINT THE REPRESENTATIVE TO THE POEAlOWWA 
GOVERNING BOARDS. 
“THE ADDITIONAL MEMBERS SHALL HAVE A TERM OF 
THREE (3) YEARS 
AND 
SHALL 
BE 
ELIGIBLE FOR 
REAPPOINTMENT FOR ANOTHER THREE (3) YEARS. IN CASE 
OF VACANCY, THE PRESIDENT SHALL, IN ACCORDANCE 
WITH 
THE 
PROVISIONS OF 
THIS ACT, 
APPOINT A 
REPLACEMENT WHO SHALL SERVE THE UNEXPIRED TERM 
OF HlSlHER PREDECESSOR.” 
SEC. 5. The first and last paragraph of Section 33 of Republic Act No. 
“SEC. 33. Report to Congress. - In order to inform the 
Philippine Congress on the implementation of the policy 
enunciated in Section 4 hereof, the Department of Foreign Affairs 
and the Department of Labor and Employment shall submit to the 
said body a semi-annual report of Philippine foreign posts located 
in countries hosting Filipino migrant workers. THE FIRST SEMI- 
ANNUAL REPORT COVERING THE PERIOD JANUARY TO 
JUNE 
SHALL 
BE 
SUBMITTED 
NOT 
LATER 
THAN 
SEPTEMBER 30 OF THE SAME YEAR, WHILE THE SECOND 
DECEMBER SHALL BE SUBMITTED NOT LATER THAN 
MARCH 31 OF THE FOLLOWING YEAR. The report shall 
include, but shall not be limited to, the following information: 
8042 are hereby amended to read as follows: 
SEMI-ANNUAL REPORT COVERING THE PERIOD JULY TO 
“X x x 
“Any officer of the government who fails to SUBMIT THE 
report as stated in [the preceding] THIS section shall be subject 
to AN administrative penalty OF DISMISSAL FROM THE 
SERVICE 
WITH 
DISQUALIFICATION TO 
HOLD 
ANY 
APPOINTIVE PUBLIC OFFICE FOR FIVE (5) YEARS.” 
SEC. 6. The Department of Labor and Employment, the Department of 
Foreign Affairs, the Philippine Overseas Employment Administration, the 
Overseas Workers Welfare Administration and the National Labor Relations 
Commission, together with the Senate Committee on Labor and Employment and 
the House Committee on Overseas Workers Affairs, after consultations with the 
stakeholders, shall, within ninety (90) days after the effectivity of this Act, 
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formulate the necessary rules and regulations for the effective implementation of 
this Act. 
SEC. 7. If any portion of this Act is declared unconstitutional or invalid, the 
same shall not affect the validity of the other provisions not affected thereby. 
SEC. 8. All other laws, decrees, orders, issuances, rules and regulations 
or parts thereof contrary to or inconsistent with this Act are hereby repealed or 
modified accordingly. 
SEC. 9. This Act shall take effect fifteen (15) days after its publication in 
the Official Gazette or in at least two (2) newspapers of general circulation. 
Approved, 
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