SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
Senate Bill No. 
3 ~ 
Introduced by Senator Cynthia A. Villar 
EXPLANATORY NOTE 
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There are numerous guarantees in the 1987 Philippine Constitution and statutes 
promoting the rights and welfare of migrant workers: 
• 
Article XIII, Section 3, which provides, "The State shall afford full protection of 
labor, local and overseas, organized and unorganized, and promote full 
employment and equality of employment opportunities for all." 
• 
Presidential Decree 442, Labor Code of the Philippines, devoted three chapters 
on overseas employment; 
• 
Republic Act 8042, the Migrant Workers Act 
• 
The Omnibus Rules and Regulations implementing the Philippine Migrant 
Workers Act; 
• 
Executive Order 797 creating the Philippines Overseas Employment 
Administration; 
• 
EO 1694 which created a welfare fund for the OFWs; 
• 
Executive Order 247, amendments to the POEA charter; 
• 
Executive Order 195 established a medical care program for OFWs 
The laws and regulations are magnified in honour in a number of landmark treaties of 
which the Philippines is a signatory: 
1. The United Nations Convention on the Protection of the Rights of Migrant Workers 
provides that migrant workers have the right to liberty and security of person, right to 
protection from cruel and inhuman punishment; right to legal personality and recognition 
as a person before the law; right to representation, consultation and protection from 
discrimination and exploitation. 
2. The Universal Declaration of Human Rights states: 
• 
"Article 2. Everyone is entitled to all rights and freedoms set forth in this 
Declaration, without distinction of any kind, such as race, color, sex, language, 
religion, political or other opinion, national or social origin, property, birth or social 
status. Furthermore, no distinction shall be made on the basis of the political 
jurisdictional or international status of the country or territory to which a person 
belongs, whether it be independent, trust, non-self governing or under any 
limitation of sovereignty," 
• 
"Article 7. All are equal before the law and are entitled without any discrimination 
to equal protection of the law," 


.
While there may be a comprehensive set of laws protecting the overseas workers, its 
implementation in reality remains wanting. In particular, the funding requirement needed 
to effect a meaningful and truly caring-OFW environment is far from ideal. Likewise, the 
present strategy because of budgetary constraints is towards giving a last ditch effort to 
save them. Worse, the undocumented workers or those who are hired by unscrupulous 
individuals or agencies or those who work abroad without acquiring the necessary 
dossiers as job contracts, labour cards or visas are not covered by existing laws for 
repatriation assistance. 
This legislation is submitted to cover both documented and undocumented OFWs In the 
assistance program of the government. It also adds a special mechanism to alleviate 
the plight of undocumented OFWs and overseas Filipinos in distress by creating a Php 
One (1) Billion Special Fund that can be used for repatriation; medical expenses, 
hospitalization and purchase of medicine of returning sick overseas workers; migration 
fees for overstaying Filipinos; legal assistance including litigation expenses, legal fees, 
payment of translation fees, attendance in court hearings; payment of blood money, 
when necessary; and basic necessities of OFWs caught in emergencies or are 
detained. 
A substantial portion of the budget must be allotted to support the livelihood programs, 
or skills acquisition or re-acquisition of new knowledge, education and trainings of 
returning OFWs. 
Considering its beneficial implication and the need to alleviate the poor plight of OFWs, 
this legislation's immediate enactment is requested. 


SIXTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
'1 ~ 
!IlL-I 
1:; 
vl 
, 
A9 :44 
First Regular Session 
) 
RF:r . 
SENATE 
Senate Bill No. 
:1 ~ 
Introduced by Senator Cynthia A. Villar 
AN ACT 
PROVIDING AN ASSISTANCE PROGRAM FOR OVERSEAS FILIPINO 
WORKERS IN DISTRESS, BOTH DOCUMENTED AND UNDOCUMENTED, 
PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES. 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. It is a declared policy of the State that full protection must be 
2 
accorded to labor, local and overseas. Assistance to overseas Filipino worker must be 
3 
without distinction, it should cover both documented and undocumented migrant 
4 
workers. 
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6 
Beginning the year this Act is enacted, a Special Assistance Fund for Overseas 
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Filipino Workers in Distress- both Documented and Undocumented Migrant Workers-
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in the amount of one billion pesos (P 1,000,000,000.00) is hereby created. The fund 
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shall be utilized for the following purposes: 
. 
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II 
a. Repatriation; 
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b. Medical expenses, hospitalization and purchase of medicine in the form of 
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vouchers for six (6) months from arrival; 
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c. Migration fees for overstaying Filipinos; 
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d. Legal assistance including litigation expenses, legal fees, payment of translation 
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fees, attendance in court hearings; 
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e. Pi'lyment of blood money, when necessary; and 
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f. 
Basic necessities of OFWs caught in emergencies or are. detained 
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Provided, That thirty percent (30%) of the total fund shall be allotted to support a 
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livelihood training program or re-training of returning overseas Filipino workers in new 
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skills and literacy. 
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SECTION 2. In the utilization of the Fund, the principles of accountability and 
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transparency must be fully observed. 
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SECTION 3. The fund needed to initially implement the provisions of this Act 
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must be sourced primarily from the General Appropriations Act. The appropriation 
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allotted to Assistance to Nationals and Legal Assistance Fund in the Department of 
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Foreign Affairs shall serve as core fund for the program. 
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Thereafter the yearly Php One (1) Billion appropriation shall be sourced from the 
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earnings of the Bureau of Immigration, Duty-Free Philippines, passport processing fees 


of the Department of Foreign Affairs, Philippine Charity Sweepstakes Office, and other 
2 
relevant offices or agencies as may be recommended and identified in the implementing 
3 
rules and regulations. 
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SECTION 4. The Department of Labor and Employment in consultation with the 
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Department of Budget and Management and representatives of the private sector and 
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recognized overseas labor organizations shall issue the necessary implementing rules 
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and regulations to implement the provisions of this Act. 
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SECTION 5. Separability Clause. - If any part or provision of this Act is held 
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unconstitutional or invalid, the other parts or provisions hereof which are not affected 
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thereby shall continue to be in full force and effect. 
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14 
SECTION 6. Repealing Clause. - All laws, orders, rules or regulations which are 
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inconsistent with or contrary to the provisions of this Act are hereby amended or 
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repealed accordingly. 
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SECTION 7. Effectivity. -This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) national newspapers of general circulation. 
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Approved,