FOURTEENTH CONGRESS OF THE REPUBLIC 
First Regular Session 
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OF THE PHILIPPINES 
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Introduced by Senator Vilar 
ExDlanatorv Note 
As of December 2007, 
per the statistics of the Department of Foreign 
Affairs (DFA) as reported, there are twenty eight (28) Filipinos facing death 
penalty cases: ten (10) in Malaysia, nine (9) in the Kingdom of Saudi Arabia, 
four (4) in Kuwait, three (3) in China, one (1) in Brunei Darrwalam and one (1) 
in the United States of America. 
It has been reported that a substantial number of Filipinos are in detention 
in various countries. 
The cases of maltreatments, abusive employers and 
harassments and the proportional upward spike in abductions and wars between 
and among countries have resulted in the increasing number of OFWs in distress. 
The Philippine embassies and consulates have been home to these unfortunate 
migrant workers waiting for repatriation. 
There are numerous guarantees in the 1987 Philippine Constitution and 
statutes promoting the rights and welfare of migrant workers: 
Article XIII, Section 3, which provides, “The State shall afford full 
protection of labor, local and overseas, organized and unorganized, and 
promote full employment and equality of employment opportunities for 
all.” 
Presidential Decree 442, Labor Code of the Philippines, devoted three 
chapters on overseas employment; 
Republic Act 8042, the Migrant Workers Act 
The Omnibus Rules and Regulations implementing the Philippine Migrant 
Workers Act; 
Executive Order 797 creating the Philippines Overseas Employment 
Administration; 
EO 1694 which created a welfare fbnd for the OFWs; 
Executive Order 247, amendments to the POEA charter; 
Executive Order 195 established a medical care program for OFWs 


The laws and regulations are magnified in honour in a number of 
landmark treaties of which the Philippines is a signatory: 
1. 
The United Nations Convention on the Protection of the Rights of 
Migrant Workers provides that migrant workers have the right to liberty and 
security of person; right to protection from cruel and inhuman punishment; right 
to legal personality and recognition as a person before the law; 
right to 
representation, consultation and protection from discrimination and exploitation. 
The Universal Declaration of Human Rights states: 
2. 
“Article 2. 
Everyone is entitled to all rights and fieedoms set 
forth in this Declaration, without distinction of any kind, such as 
race, color, sex, langnage, religion, political or other opinion, 
national or social origin, property, 
birth or social status. 
Furthermore, no distinction shall be made on the basis of the 
political jurisdictional or international status of the country or 
territory to which a person belongs, whether it be independent, 
trust, non-self governing or under any limitation of sovereignty.” 
“Article 7. 
any discrimination to equal protection of the law.” 
All are equal before the law and are entitled without 
But while there may be a comprehensive set of laws protecting the 
overseas workers, its implementation in reality remains wanting. In particular, 
the funding requirement needed to effect a meaningful and truly caring-OFW 
environment is far from ideal. At present, the find allotted to assist OFWs in 
distress is negligible. In the Department of Foreign Affairs budget, for example, 
the combined sum of the Assistance to Nationals and the Legal Assistant Fund, 
two items in the DFA budget utilized for OFWs repatriation, is Php 66 million. 
Likewise, the present strategy because of budgetary constraints is towards 
giving a last ditch effort to save them. Worse, the undocumented workers or 
those who are hired by unscrupulous individuals or agencies or those who work 
abroad without acquiring the necessary dossiers as job contracts, labour cards or 
visas are not covered by existing laws for repatriation assistance. 
This legislation is submitted to cover both documented and undocumented 
OFWs in the assistance program of the government. It also adds a special 
mechanism to alleviate the plight of undocumented OFWs and overseas Filipinos 
in distress by creating a Php 1 Billion Special Fund that can be used 
for 
repatriation; medical expenses, hospitalization and purchase of medicine of 
returning sick overseas workers; migration fees for overstaying Filipinos; legal 
assistance including litigation expenses, legal fees, payment of translation fees, 
attendance in court hearings; payment of blood money, when necessw; and 
basic necessities of OFWs caught in emergencies or are detained. 
A substantial portion of the budget must be allotted to support the 
livelihood programs, or skills acquisition or re-acquisition of new knowledge, 
education and trainings of returning OFWs. 


Considering its beneficial implication and the need to alleviate the poor 
plight of OFWs, this legislation’s immediate enactment is requested. 


FOURTEENTH CONGRESS OF THE REPUBLIC 
First Regular Session 
OF THE PHILIPPINES 
S.B. "$$IF1 
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Introduced by Senator Villar 
AN ACT 
PROVIDING AN ASSISTANCE PROGRAM FOR OVERSEAS FILIPINO 
WORKERS 
IN 
DISTRESS, 
BOTH 
DOCUMENTED 
AND 
UNDOCUMENTED, 
PROVIDING FUNDS THEREFOR AND FOR 
OTHER PURPOSES. 
Be it enacted bv the Senate and House of Reuresentatives of the 
Philiuuines in Congress assembled: 
SECTION 1. 
It is a declared policy of the State that full protection must 
be accorded to labor, local and overseas. Assistance to overseas Filipino worker 
must be without distinction, it should cover both documented and undocumented 
migrant workers. 
Beginning the year this Act is enacted, 
a Special Assistance Fund for 
Overseas Filipino Workers in Distress, Both Documented and Undocumented 
Migrant Workers, in the amount of one billion pesos (P 1,000,000,000.00) is 
hereby created. The fund shall be utilized for the following purposes: 
a. 
Repatriation; 
b. 
c. 
d. 
e. 
f. 
Provided, That thirty percent (30 YO) 
of the total fund shall be allotted to 
support a livelihood training program or re-training of returning overseas Filipino 
workers in new skills and literacy. 
Medical expenses, hospitalization and purchase of medicine in the 
form of vouchers for six (6) months from arrival; 
Migration fees for overstaying Filipinos; 
Legal assistance including litigation expenses, legal fees, 
payment of translation fees, attendance in court hearings; 
Payment of blood money, when necessary; 
Basic necessities of OFWs caught in emergencies or are detained 
SECTION 2. 
In the utilization of the Fund, 
the principles of 
accountability and transparency must be fully observed. 


SECTION 3. The fund needed lo initially implement the provisions of 
this Act must be sourced primarily from the General Appropriations Act. 
The 
appropriation allotted to Assistance to Nationals and Legal Assistance Fund in the 
Department of Foreign Affairs shall serve as core fund for the program. 
Thereafter the yearly Php 1 billion appropriation shall be sourced from the 
earnings of the Bureau of Immigration, 
Duty-Free Philippines, 
passport 
processing fees of the Department of Foreign Affairs, 
Philippine Charity 
Sweepstakes Office, and other relevant offices or agencies as may be 
recommended and identified in the implementing rules and regulations. 
SECTION 4. The Deparhnent of Labor and Employment in consultation 
with the Department of Budget and Management and representatives of the 
private sector and recognized overseas labor organizations shall issue the 
necessary implementing rules and regulations to implement the provisions of this 
Act. 
SECTION 5. 
Should any provision of this Act be declared as 
unconstitutional, the validity of the remaining provisions hereof shall remain in 
full force and effect. 
SECTION 6. This Act shall take effect fifteen (15) days after its complete 
publication in the Official Gazette or in at least two (2) newspapers of general 
circulation, whichever comes earlier. 
Approved,