Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
Third Regular Session

HOUSE BILL NO. _ 8842

Introduced by Rep. JESULITO “JESS” A. MANALO

AN ACT
FACILITATING THE GLOBAL EMPLOYMENT OF FILIPINOS

EXPLANATORY NOTE

In today’s world of shared economic benefits together with the advent of Information
and Communication Technology, finding a job anywhere in the world from the comfort of
one’s home is now made easier. A foreign employer can now interview a job applicant in the
Philippines on-line and the latter can submit the requirements of the former digitally or via
the internet. This has made obsolete the role of intermediaries.

“Liberty” includes the freedom to travel abroad, seek employment and reside
overseas or to work there and seek greener pastures. It is an inviolable right of a citizen not
to be deprived of life, liberty, or property without due process of law and not to be denied of
the equal protection of the laws.

Everyday, in our airports, privileged individuals with better resources are unhampered
in their travels abroad or to seek greener pasture because of their substantial resources.
Meanwhile the middle class and less privileged are subjected to numerous requirements to
seek employment. They must pass through recruitment agencies and various government
offices. This hampers their choices for better opportunities through excessive regulatory
controls. Because of unnecessary government regulations that are no longer pertinent to this
global economy, their right to liberty to seek better employment is violated.

The right to travel of every individual is a constitutionally-guaranteed right. This is
enshrined under Section 6 of the Bill of Rights, which provides:

Section 6, The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the court.
Neither shall the right to travel be impaired except in the interest of national
security, public safety, or public health, as may be provided by law.

Likewise, whenever a foreign employer has already ensured that a Filipino citizen
will be hired and the latter has already accepted the job offer, there is already a meeting of the
minds between the foreign employer and the latter even though there is no written contract
yet. For the State to, in any manner, hamper or delay the departure of the latter to fulfill his
part of the agreement to work for the said employer overseas, is tantamount to the State
impairing the obligation of contracts which is violative of Section 10 of the aforementioned
Bill of Rights which states that, “No law impairing the obligation of contracts shall be
passed.”


This bill therefore seeks to allow competent professionals who have passed
government licensure examinations and other graduates of baccalaureate degrees, as,certified
by the Commission on Higher Education (CHED), such as those in the fields of medicine and
health, law, engineering and architecture, information and communication technology,
aeronautics, finance and commerce, education and other specialized fields, and those who are
considered highly-skilled or experts in their respective trade, craft, industry or vocation, as
certified by the Technical Education and Skills Development Authority (TESDA) or other
government bodies ~ to work abroad without having to process their overseas employment
through the Philippine Overseas Employment Administration (POEA).

For as long as the country of destination of a Filipino citizen (who is a professional
and who wants to work abroad) complies with the requirements of Section 4 of Republic Act
No. 8042, as amended, the citizen must be allowed to depart for the said country. The said
requirements for the foreign country to meet before it can receive overseas Filipino workers
are the following:

(a) It has existing labor and social laws protecting the rights of workers,
including migrant workers;

(b) It is a signatory to and/or a ratifier of multilateral conventions, declarations
or resolutions relating to the protection of workers, including migrant workers;
and

(©) It has concluded a bilateral agreement or arrangement with the government
on the protection of the rights of overseas Filipino Workers:

Provided, That the receiving country is taking positive, concrete measures to
protect the rights of migrant workers in furtherance of any of the guarantees
under subparagraphs (a), (b) and (c) hereof,

They must of course also meet and satisfy all the travel requirements of the Philippine Bureau
of Immigration.

Although the remittances of our OFWs are increasing, the number of our OFWs is
declining. This is why the government must make sure that the deployment of OFWs,
especially professionals and/or highly-skilled, must not be hampered nor delayed.

It is therefore imperative that instead of delaying and discouraging the deployment of
Filipinos seeking employment abroad, the government must make it easier for them to obtain
jobs and leave for abroad to work, earn and remit hard-earned foreign currencies to their
families.

The timely approval of this urgent bill is indeed of absolute necessity,

\TO“JESS” A. MANALO.
Representative
GKLA Party-list



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
Third Regular Session

8842
HOUSE BILL NO.

Introduced by Rep. JESULITO “JESS” A. MANALO

AN ACT
FACILITATING THE GLOBAL EMPLOYMENT OF FILIPINOS

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

SECTION 1. Short Title. — This Act shall be known as the “Filipino Global
Employment Act.”

SEC. 2. Declaration of Policy. ~ The State upholds the dignity of all its citizens,
whether residents of the Philippines or overseas.

The State shall afford full protection to labor, local and overseas, organized and
unorganized and shall promote full employment and equality of employment opportunities
for all.

The State recognizes the right of all Filipinos to seek better life and better jobs in
other countries and therefore adopts the policy of giving utmost support for their travel and
employment abroad by ensuring the fastest issuance of their passports, NBI clearances, birth
certificates, and similar other requirements within the shortest possible period of time without
unnecessary and/or avoidable delay.

SEC. 3. Definition of Terms. — For purposes of this Act, the following terms shall be
defined as follows:

(a) “Professionals” refers to an OFW who passed a government licensure examination
and other graduates of baccalaureate degrees, as certified by the Commission on
Higher Education (CHED), such as those in the fields of medicine and health, law,
engineering and architecture, information and communication technology,
aeronautics, finance and commerce, education and other specialized fields.

(b) “Highly-Skilled Individuals” refers to a person who possesses a specialized
training and a thorough and comprehensive knowledge of his trade, craft, industry
or vocation, or one who is considered a master or expert in his field, as certified


by the Technical Education and Skills Development Authority (TESDA) or other
competent government bodies.

SEC. 4. Filipinos seeking employment abroad shall be given, by the government and
all its agencies, instrumentalities and all its officials and employees, the utmost support for
their travel and employment abroad by ensuring the issuance of their travel documents and
other documentary requirements, such as passports, NBI clearances and birth certificates
among others, within the shortest possible time without unnecessary or avoidable delay.

SEC. 5. Professionals and Highly-Skilled Individuals seeking employment abroad
shall not be required to go through any private recruitment agency nor through the Philippine
Overseas Employment Administration (POEA) except for information purposes only. They
shall not be required to obtain an Overseas Employment Certificate (OEC); Provided that
their country or territory of destination and employment have met the guarantees of
protection or are compliant with the requirements set forth under Section 4 of Republic Act
‘No. 8042, as amended by Republic Act No. 10022.

SEC. 6. Filipinos seeking employment abroad are encouraged to become voluntary
members of the Overseas Workers Welfare Administration (OWWA), PAG-IBIG Fund,
Social Security System, Philhealth. They may also opt to be covered by an insurance policy,
as what is provided under Republic Act No. 10022.

SEC. 7. Implementing Agency. - The Philippine Overseas Employment
Administration (POEA) shall, within ninety (90) days after the approval of this Act, issue the
necessary rules and regulations for its effective implementation.

SEC. 8. Separability Clause. — If any separable provision of this Act be declared
unconstitutional, the remaining provisions hereof which are not affected thereby shall
continue to be in full force and effect.

SEC. 9. Repealing Clause. — Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent
with, the provisions of this Act is hereby repealed, modified or amended accordingly.

SEC. 10. Effectivity Clause. ~ This Act shall take effect fifteen (15) days after its
publication in the Official Gazette and in at one (1) newspaper of general circulation.

Approved.