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SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SEN~ 
S.B.NO. ~ub8 
'sl?nab 
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'14 
JAN 20 P 6 :21 
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Introduced by Senator Maria Lourdes Nancy S. Binay 
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EXPLANATORY NOTE 
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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 provisions. -
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 note 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 introduction 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 ofthis Code 
There is serious doubt how,!::ver if the extraterritorial effect given to the Code can sufficiently 
safeguard Migrant Workers from advances of'unscrup,ulous government officials. 
For the above reason, the passage of this Bill is earnestly requested. 
Senator 


SIXTEENTH CO~GRESS OF THE REPUBLIC ) 
Sll'l1utr 
(~(fl;t.f lI!.~""tz'¥ 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'14 
JAN 20 P 6 :21 
SENATE 
S.B.NO. 2068 
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Introduced by Senator Maria Lourdes Nancy S. Binay 
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AN ACT ENHANCING PROTECTION FOR OVERSEAS FILIPINO WORKERS IN THE 
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CUSTODY OF GOVERNMENT OFFICERS/EMPLOYEES, AMENDING FOR THIS 
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PURPOSE REPUBLIC ACT 8042 
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Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
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assembled: 
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SECTION 1. Section 8 of Republic Act 8042 is hereby amended to include a Section 8-A as 
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follows: 
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SEC. 8. PROHIBITION ON OFFICIALS AND EMPLOYEES. - It shall be unlawful 
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for 'ally official or employee of the Department of Labor and Employment, the 
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Philippine Overseas Employment Administration, or the Overseas Workers Welfare 
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Administration, or the Department of Foreign Affairs, or other government agencies 
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involved in the implementation of this Act, or their relatives within the fourth civil 
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degree of consanguinity or affinity, to;engage, directly or indirectly, in the business of 
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recruiting migrant workers as defined in this Act. The penalties shall be imposed upon 
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them. 
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SEC. 8-A. OFFICIALS OR EMPLOYEES OF THE DEPARTMENT OF LABOR 
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AND 
EMPLOYMENT, 
THE 
PHILIPPINE 
OVERSEAS 
EMPLOYMENT 
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ADMINISTRATION, 
OR 
THE 
OVERSEAS 
WORKERS 
WELFARE 
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ADMINISTRATION, OR THE DEPARTMENT OF FOREIGN AFFAIRS, OR 
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OTHER GOVERNMENT AGENCIES INVOLVED IN THE IMPLEMENTATION 
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OF THIS ACT THAT ARE STATIONED ABROAD COMMITTING THE 
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FOLLOWING VIOLATIONS 
OF 
SPECIAL LAW AGAINST MIGRANT 
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WORKERS IN THEIR CUSTODY SHALL BE CRIMINALLY PROSECUTED IN 
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THE PHILIPPINES: 
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(a) REPUBLIC ACT 7610 OR SPECIAL PROTECTION OF CHILDREN 
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AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT 
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(b) REPUBLIC ACT 9262 OR ANTI-VIOLENCE AGAINST WOMEN AND 
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THEIR CHILDREN ACT 
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(c) REPUBLIC ACT 9208 OR THE ANTI-TRAFFICKING IN PERSONS ACT OF 
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. .' 2003 
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(d'jREPUBLlC ACT 9710 OR THE MAGNA CARTA OF WOMEN 


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(e) REPUBLIC ACT NO. 7877 OR THE ANTI-SEXUAL HARASSMENT ACT OF 
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1995 
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(f) REP~LIC ACT NO. 8353 OR THEAN1:I-RAPE LAW OF 1997 
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SECTION 2. Effectivity. This Act shall take effect fifteen (15) days after its publication in at 
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least two (2) newspapers of general circulation. 
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Approved, 
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