FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES }
Third Regular Session )

HOUSE of REPRESENTATIVES
House Bill No.__ 2357

Introduced by: MA. THERESA B. BONOAN-DAVID
4% District, City of Manila

EXPLANATORY NOTE

There are millions of Overseas Filipino Workers (OFWs) all over the
world which the Government is mandated to adequately protect and
safeguard under Republic Act No. 8042 or the Migrant Workers and
Overseas Filipinos Act of 1995 (RA 8042). However, the Government
seems incapable to effectively and efficiently assist distressed OFWs
whenever situations.

This bill intends to provide the necessary measures for the
government to carry out its responsibilities to assist distressed OFWs in
cases of war, epidemic, disaster or calamities, natural or man-made, and
other similar events, and promote their general welfare.

This bill proposes amendments to RA 8042 to raise the necessary
resources for the Emergency Repatriation Fund for OFWs in cases of
war, epidemic, disaster or calamitics, natural or man-made, and other
similar events, so that OFWs can be speedily repatriated and kept out of
harm's way at the soonest possible time. It also proposes to establish and
maintain an up-to-date database and locator system of OFWs necessary
for their repatriation, as well as the necessary disaster preparedness and
mitigation measures, should misfortune happen, through the Migrant
Workers and Other Overseas Filipinos Resource Centers in various
Philippine embassies all over the world.

In view of the foregoing, the passage of this bill is earnestly sought.


FIFTEENTH CONGRESS OF ‘THE }
REPUBLIC OF THE PHILIPPINES }
Third Regular Session }

HOUSE of REPRESENTATIVES
House Bill No. 6357

Introduced by: MA. THERESA B, BONOAN-DAVID
4% District, City of Manila

AN ACT AMENDING 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 in
Congress of the Philippines assembled:

SECTION 1. Section 15 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. 15, Repatriation of Workers; Emergency Repatriation
Fund. -

The repatriation of the worker and the transport of his
personal belongings shall be the primary responsibility of
the agency which recruited or deployed the worker
overseas. All costs attendant to repatriation shall be borne
by or charged to the agency concerned and/or its
principal. Likewise, the repatriation of remains and
transport of the personal belongings of a deceased worker
and all costs attendant thereto shall be borne by the
principal and/or the local agency. However, in cases where
the termination of employment is due solely to the fault of
the worker, the principal/employer or agency shall not in
any manner be responsible for the repatriation of the
former and/or his belongings,

‘The Overseas Workers Welfare Administration (OWWA),
in coordination with appropriate international agencies,
shall undertake the repatriation of workers in cases of war,
epidemic, disaster or calamities, natural or man-made,


However, in cases where the principal or recruitment
agency cannot be identified, all costs attendant to
repatriation shall be borne by the OWWA.

For this purpose, there is hereby created and
established an emergency repatriation fund under the
administration, contro! and supervision of the OWWA,
initially to consist of One hundred million pesos
{P100,000,000.00), which shall be taken from the existing,
fund controlled and administered by the OWWa~.
Thereafter, such fund shall be provided for in the General
Appropriations Act from year to year: Provided, That the
amount appropriated shail in no case be less than One
hundred million pesos (P100,000,000.00), inclusive of
outstanding balances. IN ADDITION TO THE OBLIGATION
TO REPATRIATE ITS WORKERS, THE RECRUITMENT
AGENCY OR ITS PRINCIPAL SHALL CONTRIBUTE AN
AMOUNT TO BE DETERMINED BY OWWA OF NOT LESS
THAN FIFTY DOLLARS (US$50.00) BUT NOT MORE
THAN ONE HUNDRED (US$I00.00) FOR EVERY
WORKER RECRUITED OR DEPLOYED OVERSEAS TO
OWWA’S EMERGENCY REPATRIATION FUND.”

SECTION 2. Section 19 of Republic Act No. 8042, otherwise known as

the Migrant Workers and Overseas Filipinos Act of 1995
amended to read as follows:

, is hereby

“Sec. 19. Establishment of a Migrant Workers and Other
Overseas Filipinos Resource Center. - Within the premises
and under the administrative jurisdiction of the Philippine
Embassy in countries where there are large concentrations
of Filipino migrant workers, there shall be established a
Migrant Workers and Other Overseas Filipinos Resource
Center with the following services:

{a) Counseling and legal services;

(b) Welfare, DISASTER, AND EMERGENCY assistance,
including RESCUE, RELIEF, AND REHABILITATION
SERVICES AS WELL AS the procurement of medical
and hospitalization services;

{c) Information, advisory and programs to promote
social integration, such as post-arrival orientation,
settlement and community networking services and
activities for social interaction;

(d) Institute a scheme of registration of undocumented
workers to bring them within the purview of this
Art Rar thie nurnnee the Center is enioined to


SECTION 3. Repealing Clause.

with it within six (6) months from the effectivity of
this AMENDATORY Act OR TWO WEEKS FROM
THEIR ARRIVAL IN THEIR PLACE OF WORK
ABROAD, under pain of having his/her passport
cancelled;

(e) Human resource development, such as training and
skills upgrading;

() Gender sensitive programs and activities to assist
particular needs of women migrant workers;

(@ Orientation program for returning workers and

{h) Monitoring of daily ‘situations, circumstances and
activities affecting migrant workers and other
overseas Filipinos[.];

(Il) INFORMATION, ADVISORY, AND PROGRAMS TO
ENHANCE DISASTER PREPAREDNESS AND
MITIGATION MEASURES IN CASES OF WAR,
EPIDEMIC, DISASTER OR CALAMITIES, NATURAL
OR MANMADE, AND OTHER SIMILAR EVENTS;
AND

(J)MAINTAIN AN UP-TO-DATE DATABASE AND
LOCATOR SYSTEM OF MIGRANT WORKERS AND
OTHER OVERSEAS FILIPINOS FOR THEIR
NEEDED REPATRIATION, ESPECIALLY IN CASES.
OF WAR, EPIDEMIC, DISASTER OR CALAMITIES,
NATURAL OR MAN-MADE, AND OTHER SIMILAR
EVENTS

provisions of this Act are hereby repealed or modified accordingly.

SECTION 4, Separability Clause. - If any portion or provision of this Act
is declared unconstitutional, the remainder of this Act or any provisions

not affected thereby shali remain in force and effect.

SECTION 5, Effectivity. - This Act shall take effect after fifteen (15) days
following the completion of its publication either in the Official Gazette or

in a newspaper of general circulation in the Philippines.

Approved,

-All laws, decrees, orders, rules and
regulations or other issuances or parts thereof inconsistent with the