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

‘SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 4004

Introduced by
OFW Family Party-List Representative ROY V. SENERES

EXPLANATORY NOTE

This bill seeks to strengthen the right to travel of every Overseas Filipino
Worker (OFW),

The right to travel is guaranteed by the Fundamental Law. It is absolute
except when the interest of: a) national security; b) public safety or; c) public
health is at stake. Section 6, Article I1I of the Constitution providing inter alia:
“Neither shall the right to travel be impaired except in the interest of national
security, public safety and public health, as may be provided by law.”

Overseas Filipino workers (OFWs) are the modern-day heroes of today.
They do not deserve to be punished, inconvenienced or annoyed when seeking to
exercise their right to travel to foreign countries to find golden opportunities for
the sake of their loved ones.

‘As we all understand, money is the lifeblood of the economy, To this, the
OFWs’ yearly contribution to the coffers of the government to the tune of 22
billion U.S. dollars need not be over emphasized. It has afforded the Philippine
economy a “lifeblood transfusion” for its economic survival way back in 70’s when
our country was then referred to as the "SICK MAN OF ASIA”.

In recognition of the inviolability of the right to travel of every Filipino
citizen, Republic Act No. 8239 otherwise known as the Philippine Passport Act of
1996 declares in Section 2 thereof: “The people's right to travel shall be
inviolable.”

The pronouncement of R.A. No. 8239 as regard the inviolability of the right
to travel is more than enough caution not to put hindrance or restriction in any
form to the exercise of the right to travel save when the interest of national
security, public safety or public health so require and as may be provided by law
as required by the Constitution.

In other words, the passage of a law providing for the restrictions is
condition sine qua non. Unless there is such a law the right to travel is paramount
and absolute. The restraint should not be done in the guise of forced or
compulsory contribution as this will constitute unlawful restraint in disguise, To do


0 would subject a departing OFW to inconvenience and annoyance who has no
choice but to comply or else would not be allowed to travel.

In the languange of the Supreme Court in the case of Salonga vs.
Hermoso, 97 SCRA 121, “It is desirable that respondent Travel Processing Center
should exercise the utmost care to avoid the impression that certain citizens
desirous of exercising their right to travel could be subjected to inconvenience or
annoyance.”

We should not lose sight of the fact that OFWs are forced to leave the
country, not for pleasure, but to work in a foreign land for the sake of their
loved ones. We cannot simply close our eyes to the reality that before they
leave the country to work abroad, most if not all OFWs are already burdened with
huge indebtedness. Sometimes they would even sell their properties or personal
belongings, just to finance their trip.

The Philippine Overseas Employment Administration (POEA) being the
‘agency mandated by law to, “afford protection to Filipino workers and thelr
families, promote their interests and safeguard their welfare”, cannot ignore the
fact that the Overseas Employment Contract between the foreign employer and
the OFW includes provisions which take care of the health and welfare of the
OFW.

It is respectfully submitted that the right o
agency to collect any amount of money in any form or fof any purpose must
necessarily yield to a more superior right - the Gonstitutionaf right to travel.

In view of the foregoing, the imi
sought.


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

‘SIXTEENTH CONGRESS
First Regular Session

House sitio, 4004

Introduced by
OFW Family Party-List Representative ROY V. SENERES

AN ACT
PROHIBITING THE COLLECTION OF ANY AMOUNT OF MONEY IN
ANY FORM OR FOR ANY PURPOSE FROM A DEPARTING FILIPINO
WORKER AS PRE-CONDITION FOR TRAVEL

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

SECTION 1. Title. - This Act shall be known as the “OFW Travel
Protection Act of 2014.”

SEC. 2. Declaration of Policy. - It shall be unlawful to impose,
exact or collect any sum of money in any form and for any purpose from a
departing overseas Filipino worker (OFW) as a pre-condition for travel
except those authorized by law.

SEC. 3. Duty of the Philippine Overseas Employment
Administration (POEA). It shall be the duty of the Philippine Overseas
Employment Administration (POEA) to strictly observe and implement the
provisions of this Act pursuant to its mandate to “afford protection to
Filipino workers and their families, promote their interests and safeguard
their welfare.”

SEC. 4. Assistance of Law Enforcement Agency. - When
necessary the POEA may enlist the assistance of any law enforcement
agency in order to effectively implement the provisions of this Act and


carry out its mandate of protecting and promoting the welfare of Filipino
workers.

SEC. 5. The POEA to File Appropriate Action, ~ The POEA shall
initiate the filing of appropriate criminal complaint in the Department of
Justice (DOJ) or any law enforcement agency, against any individual,
juridical entity, its officers and personnel who violate the provisions of this
Act. In case of juridical entity, the officers thereof are presumed to have

consented to the violation.

SEC. 6. Implementing Rules and Regulations. - The incumbent
POEA Administrator shall promulgate the necessary rules and regulations
for the effective implementation of this Act within thirty (30) days from
date of its effectivity.

SEC. 7. Penal Clause. - Any violation of Sections 2, 3 and 4 of this
Act shall, after due process, cause the removal from office of the guilty
party without prejudice to the filing of any case, civil and criminal, against
them by the POEA or the offended party.

SEC. 8. Repealing Clause. - All laws, decrees, ordinances, rules
and regulations and other issuances or parts thereof, which are
inconsistent with this Act, are hereby repealed or modified accordingly.

SEC. 9. Effectivity Clause. - This Act shall take effect fifteen (15)
days after publication in the Official Gazette or in two (2) national

newspapers of general circulation.

Approved,