SEVENTEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES )
Third Regular Session )

SENATE 18 UL 25 A838

S.B.NO.__1885

Introduced by Senator Maria Lourdes Nancy S. Binay

AN ACT
ENHANCING PROTECTION FOR OVERSEAS FILIPINO WORKERS IN THE
CUSTODY OF GOVERNMENT OFFICERS/EMPLOYEES, AMENDING FOR
THIS PURPOSE REPUBLIC ACT 8042

EXPLANATORY NOTE
Accounts of Migrant Workers especially women being abused in the custody of
Philippine government officials abroad continue to shock our senses. Section 2 of
the Revised Penal Code (“Code”) gives extraterritorial effect to the Code insofar
as public officers and employees commit offenses therein in the exercise of their
functions.

Art. 2. Application of its provision. — Except as provided in the treaties and
laws of preferential application, the provisions of this Code shall be
enforced not only within the Philippine Archipelago, including its
atmosphere, its interior waters and maritime zone, but also outside of its
jurisdiction, against those who:

1. Should commit an offense while on a Philippine ship or airship;

2. Should forge or counterfeit any coin or currency of the Philippine
Islands or obligations and securities issued by the Government of the
Philippine Islands;



3. Should be liable for acts connected with the introductions into these
islands of the obligations and securities mentioned in the presiding
number;

4. While being public officers or employees, should commit an
offense in the exercise of their functions; or

5. Should commit any of the crimes against national security and the law
of nations defined in Title One of Book Two of this Code.

There is serious doubt however if the extraterritorial effect given to the Code can
sufficiently safeguard Migrant Workers from advances of unscrupulous

government officials.

For the above reason, the passage of this Bill is earnestly requested.

MARIA. [Bret S. BINAY

Senator



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SEVENTEENTH CONGRESS OF THE REPUBLIC)
OF THE PHILIPPINES ) ani Bit
Third Regular Session )

SENATE "18 JUL 25 AB +18

S.B.NO._1885

Introduced by Senator Maria Lourdes Nancy S. Binay

AN ACT
ENHANCING PROTECTION FOR OVERSEAS FILIPINO WORKERS IN THE
CUSTODY OF GOVERNMENT OFFICERS/EMPLOYEES, AMENDING FOR
THIS PURPOSE REPUBLIC ACT 8042

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

Section 1. Section 8 of Republic Act 8042 is hereby amended to include a
Section 8-A as follows:

SEC. 8. PROHIBITION ON OFFICIALS AND EMPLOYEES. — It shall be
unlawful for any official or employee of the Department of Labor and
Employment, the Philippine Overseas Employment Administration, or the
Overseas Workers Welfare Administration, or the Department of Foreign
Affairs, or other government agencies involved in the implementation of
this Act, or their relatives within the fourth civil degree of consanguinity or
affinity, to engage, directly or indirectly, in the business of recruiting
migrant workers as defined in this Act. The penalties shall be imposed
upon them.

SEC. 8-A. OFFICIALS OR EMPLOYEES OF THE DEPARTMENT OF LABOR
AND EMPLOYMENT, THE PHILIPPINE OVERSEAS EMPLOYMENT
ADMINISTRATION, OR THE OVERSEAS WORKERS WELFARE
ADMINISTRATION, OR THE DEPARTMENT OF FOREIGN AFFAIRS, OR



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OTHER GOVERNMENT AGENCIES INVOLVED IN THE IMPLEMENTATION
OF THIS ACT THAT ARE STATIONED ABROAD COMMITTING THE
FOLLOWING VIOLATIONS OF SPECIAL LAW AGAINST MIGRANT
WORKERS IN THEIR CUSTODY SHALL BE CRIMINALLY PROSECUTED IN
THE PHILIPPINES:

(A)REPUBLIC ACT 7610 OR SPECIAL PROTECTION OF CHILDREN
AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION
ACT

(B)REPUBLIC ACT 9262 OR ANTI-VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN ACT

(C) REPUBLIC ACT 9208 OR THE ANTI-TRAFFICKING IN PERSONS ACT
OF 2003

(D)REPUBLIC ACT 9710 OR THE MAGNA CARTA OF WOMEN

(E) REPUBLIC ACT NO. 7877 OR THE ANTI-SEXUAL HARASSMENT ACT
OF 1995

(F) REPUBLIC ACT NO. 8353 OR THE ANTI-RAPE LAW OF 1997

Sec. 2. Effectivity. - This Act shall take effect fifteen (15) days after its

Publication in at least two (2) newspapers of general circulation.

Approved,