Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Thirteenth Congress
First Regular Session
1281

House Bill No.

Introduced by Hon. Roilo Golez

EXPLANATORY NOTE

“The money that entertainers and other working migrants send home is extraordinary. Young
teachers in the Philppines make an average of US$150 a month compared with entertainers’
US$500. The transfer of funds from migrants to their home countries, i lumped together, is
‘one of the largest single movements of money in the world.

Jn the Philippines it is estimated eight bilion dollars a year, almost three times the amount the

receives in foreign aid. None of the workers had signed papers saying they were
going to return a single penny. Yet they did send home a vast amount of money, whole
national defense budgets’ worth of money, because of LOVE.”

- Michael Parft, "Human Migration.” National Geographic, October 1998.

The Migrant Workers Act of 1995 (R.A. No. 8042) was passed during the Ramos
Administration in the midst of public outrage over rampant stories of cruelty and
degradation inflicted upon our Overseas Filipino Workers (OFW), most significantly, Flor
Contemplacion and Delia Maga. The law thus redefined the government's policy as
regards overseas employment, stating that “while recognizing the significant
contribution of Filipino migrant workers to the national economy through their foreign
exchange remittances, the State does not promote overseas employment as a means
to sustain economic growth and achieve national development.” This change in policy
was accompanied by strong, responsive measures to protect the welfare of OFWs.

Today, the role of OFWs in promoting the national economy and keeping the
national income afloat is indubitable. Because of the reality that our local economy
cannot adequately sustain our population growth, we have found ourselves in the
position of having a comparative advantage in the export of labor. It is a comparative
advantage that must be harnessed fully to expand our national wealth. The term “export
labor’ should not be considered as dehumanizing — what we are in fact exporting is the
skill and ingenuity of the Filipino worker in support of the national economy.

We are also exporting Philippine culture, thus, contributing to the enhancement
and strengthening of the culture of the host country, in addition to enhancing their
economic strength.


This Act amends the Migrant Workers Act by clarifying the State’s policy as
regards overseas employment. By virtue of this Act, the State shall actively promote
overseas employment to achieve national development. The Department of Labor and
Employment will likewise be directed to pursue programs and policies that simplify the
requirements for overseas employment.

Passage of this Bill is earnestly requested.

LA

ROILO GOLEZ oy


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

Thirteenth Congress
First Regular Session

1281

House Bill No.

Introduced by Hon. Roilo Golez

AN ACT
LIBERALIZING AND ACCELERATING THE PROCESSING AND DEPLOYMENT OF
OVERSEAS FILIPINO CONTRACT WORKERS, AND APPROPRIATING THE
NECESSARY FUNDS THEREFOR

Section 1. Title. This Act shall be known and cited as the “OFW Liberalization Act of
2004.”

Sec. 2. Declaration of Policy. In recognition of the significant contribution of
Overseas Filipino Workers (OFWs) to the national economy, it is hereby declared the
policy of the State to encourage and actively promote the export of labor as a means of
employment generation and increasing the national income.

Sec. 3. Section 2, Paragraph (c) of Republic Act No. 8042, otherwise known as
the “Migrant Workers and Overseas Filipinos Act of 1995” is hereby amended to read as
follows:

“Section 2. Declaration of Policies -
XXX XXX XXX

(c) The State recognizes the significant contribution of Filipino migrant
workers to the national economy through their foreign exchange
remittances. Hence, the State shall promote overseas employment
as a means to sustain economic growth and achieve national
development. The existence of the overseas employment program
rests solely on the assurance that the dignity and fundamental
human rights and freedoms of the Filipino citizens shall not, at any
time, be compromised or violated. The State therefore, shall
continuously create local employment opportunities and promote
the equitable distribution of wealth and the benefits of development.


Sec. 4. The Department of Labor and Employment shall promulgate implementing
rules and regulations consistent with the objectives of liberalizing access to employment
opportunities abroad. Said Department shall minimize the inconvenience borne by
prospective OFWs transacting with their offices or agencies in securing overseas
employment.

Sec. 5. Nothing in this Act shall detract from the responsibility of the State and its
enforcement agencies to protect the rights and welfare of Overseas Filipino Workers.

Sec. 6.  Separability Clause. — If any portion of this Act is declared unconstitutional,
the same shall not affect the validity and effectivity of the other provisions not affected
thereby.

Sec.7. Repealing Clause.- All laws, decrees, executive orders, rules and
regulations, and other issuances or parts thereof which are inconsistent with this Act are
hereby repealed, amended, or modified accordingly.

Sec.9.  Effectivity.- This Act shall take effect fifteen (15) days following its publication
two national newspapers of general circulation.

Approved,