I 
, 
THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
Erst Regular Session 
1 
S.B. No. 
, "04 
~~ 
~~ 
Introduced by Senator Franklin 
EXPLANATORY NOT 
Republic Act No. 8042 embodies the government's policy regarding overseas 
employment and provides for a higher standard of protection and promotion *of the 
welfare of millions of Overseas Filipino Workers and their families 
Nearly eight years since the implementation of the Act, it has become apparent 
that the Government should now re-assess certain provisions of the law. 
We must 
confront the reality that the State must establish an overseas employment program 
consistent with national development objectives and in pursuit of full employment for its 
citizens. 
Sections 29 and 30 of the existing law provide for a five-year comprehensive 
deregulation plan and require the Department of Labor and Employment to phase out 
the regulatory functions of the POEA within the said period. 
The five-year period for the deregulation of the agency was premised on the 
assumption that the country would have attained the status of a newly-industrialized 
country by year 2000. 
To date, however, such "NIC-hood" status still remains to be 
realized by the country. 
The phase-out of POEAs regulatory functions as indicated under existing law 
would be a virtual abandonment of the avowed policy of the state and the noble 
mandate of the POEA to afford full protection to labor, local and overseas. 
It should 
be stressed that the bottomline of regulation is the promotion of the welfare of our 
OFWs. 
An untimely phase-out of the regulatory functions of the POEA will constitute 
a virtual abandonment of OFW protection in contravention of the overall intention of the 
Migrant Workers Act. 
We must acknowledge and recognize that overseas employment has 
consistently increased from 1995 to the present as local employment opportunities 
continue to remain bleak. 
Stock estimate of Overseas Filipinos worldwide reached 
7.582 Million as of December 2002. 
As of November 2004 alone, there were 791,180 OFWs deployed, 
73% of 
which are women. While there is now a growing demand for professional women 
workers in the field of health care, 
majority of the women workers belong to the 
vulnerable group, particularly the service workers consisting of domestic helpers and 
entertainers or petforming artists. The feminization of the OFW sector and upsurge of 
vulnerable skills overseas require continued government intervention to promote their 
welfare. 
The intention of the Migrant Workers Act on the progressive policy of 
deregulation whereby the migration of workers becomes strictly a matter between the 
worker and his foreign employer must be subsumed under the state policy that the 


* 
existence of the overseas employment program rests solely on the assurance that the 
dignity and fundamental human rights and freedom of our Overseas Filipino Workers ( 
OFWs ) shall not at any time be compromised or violated. While recognizing the 
significa'nt contribution of Filipino migrant workers to the national economy through their 
foreign exchange remittances, 
sustain and 
protect our OFWs with our laws. 
the State shall continue to promote, 
It is in this light, therefore, 
that the repeal of Section 29 and 30 of RA 8042 is 
hereby proposed. 


THIRTEENTH CONGRESS OF THE REPUBLIC) 
'04 Jp( 30 
** ' .I 
OF THE PHILIPPINES 
1 
! - A %  
4 3  
Hrst Regular Session 
1 
I 
S E N A T E  
S.B. No. 
Introduced by Senator Franklin M. Drilon 
AN ACT 
STRENGTHENING THE REGULATORY FUNCTIONS OF THE PHILIPPINE 
OVERSEAS EMPLOYMENT ADMINISTRATION (POEA) AMENDING FOR 
THIS PURPOSE 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 RepresentabVes of the Phh!@phes in Congress 
assembled: 
Section lm Section 23, paragraph (b.1) of Republic Act No. 8042, otherwise known as 
the "Migrant Workers and Overseas Filipinos Act of 1995" is hereby amended to read as follows: 
\\(b,l) Philippine Overseas Employment Administration - [Subject to deregulation and 
phase-out as provided under Sections 29 and 30, herein, t] The Administration shall regulate 
sector participation in the recruitment and overseas placement of workers by setting up a 
licensing and registration system. It shall also formulate and implement, in coordination with 
appropriate entities concerned, when necessary, a system for promoting and monitoring the 
overseas employment of Filipino workers taking into consideration their welfare and the 
domestic manpower requirements." 
Section 2. Section 29 of the same law is hereby repealed. 
'[SEC. 
29. COMPREHENSIVE DEREGULATION PLAN ON RECRUITMENT ACTIVITIES. - 
Pursuant to a progressive policy of deregulation whereby the migration of workers becomes 
strictly a matter between the worker and his foreign employer, the DOLE within one (1) year 
from the effectivity of this Act, is hereby mandated to formulate a five-year comprehensive 
deregulation plan on recruitment activities taking into account labor market trends, economic 
conditions of the country and emergency circumstances which may affect the welfare of 
migrant workers .] " 
Section 3. Section 30 of the same law is hereby repealed. 
'[SEC. 
30. GRADUAL PHASE-OUT OF REGULATORY FUNCTIONS. - Within a period of 
five (5) years from the effectivity of this Act, the DOLE shall phase out the regulatory functions 
of the POEA pursuant to the objectives of deregulation.]" 
Section 4. All laws, orders, issuances, rules or regulations or part thereof inconsistent 
with the provisions of this Act are hereby repealed, amended or modified accordingly. 
Section 5. 
This Act shall take effect within fifteen (15) days after its publication in the 
Official Gazette or in at least two (2) newspapers of general circulation, whichever comes 
earlier. 
Approved.