Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

6779

HOUSE BILL NO.

Introduced by MARINO Party-list Representatives
SANDRO L. GONZALEZ
and MACNELL M. LUSOTAN

AN ACT
PROVIDING FOR MANDATORY IMMUNIZATION SERVICES FOR
OVERSEAS FILIPINO WORKERS, PENALIZING CERTAIN PROHIBITED
ACTS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES

EXPLANATORY NOTE

Our Overseas Filipino Workers (OFWs), both land-based and sea-based, have steadily
provided much needed dollar remittances to the country. Based on the most recent available
data, our 2,044,877 deployed OFWs in 2017 contributed USD 28,060 million dollars or
roughly 1.4 trillion pesos to the Philippine economy in the same year. These dollar
remittances in turn are being used to finance the monetary obligations of the country and to
fund projects and programs of the government.

It can also be observed that families with members serving as OFWs are generally in
a better economic and social position than those of their counterparts without OFW members.
They are more able to send their children to school and obtain good education as well as
provide for much needed nutrition. These children as a result are less likely to commit crimes
and become burden to the government and to the society in the future. Thus, the importance
of our OFWs to the country is undeniable.

Despite having the moniker “modern-day heroes”, our OFWs, unlike superheroes, are
not immune to all kinds of harm, let alone diseases which are communicable. Our present
conduct of Pre-employment Orientation and Pre-departure Orientation Seminars for our
OFWs, though increases their knowledge and capacity for prevention of acquiring these
diseases, do not categorically protect our OFWs from contracting these diseases.

There are also some communicable diseases which do not immediately manifest
symptoms in an infected person. In the case of the Philippines where OFWs usually come
from provinces and belong to families with numerous members, the risk of transmission is
greater, owing to the movement of returning OFWs from Manila, which is usually the point
of hire for most OFWs, to the various parts of the country, as well as the social tendencies of


Filipinos. When the transmission is not contained immediately and becomes widespread,
these diseases pose a threat to the health and safety of the society.

In view of the foregoing, approval of this bill is most urgently and earnestly
recommended.

SANDRO L. GONZALEZ MA LM. LUSOTAN
Representative Representative
MARINO Party-list MARINO Party-list


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 6779

Introduced by MARINO Party-list Representatives
SANDRO L. GONZALEZ
and MACNELL M. LUSOTAN

AN ACT
PROVIDING FOR MANDATORY IMMUNIZATION SERVICES FOR
OVERSEAS FILIPINO WORKERS, PENALIZING CERTAIN ACTS,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

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 “Mandatory OFW Health Immunization
Act”.

Section 2. Declaration of Policy — In accordance with Article Il, Section 15 of the
Constitution, it is hereby declared a policy of the State to take a proactive role in the
preventive health care of migrant workers. Towards this end, the State shall adopt a
comprehensive, mandatory and sustainable immunization program for vaccine-preventable
diseases for all migrant workers.

Section 3. Definition of Terms — For purposes of this Act, the following terms shall mean:

a. “Manning Agency” refers to any person, partnership or corporation duly licensed by
the Secretary or his/her duly authorized representative to engage in the recruitment
and placement of Filipino seafarers for a ship plying international waters and for
related maritime activities.

b. “Overseas Filipino Worker” refers to a person who is to be engaged, is engaged or has
been engaged in a remunerated activity in a state of which he or she is not a citizen or
on board a vessel navigating the foreign seas other than a government ship used for
military or non-commercial purposes or on an installation located offshore or on the
high seas; to be used interchangeably with migrant worker.

c. “Recruitment Agency” refers to any person, partnership or corporation duly licensed
by the Secretary of Labor and Employment to engage in the recruitment and
placement of workers for overseas employment for a fee which is charged, directly or
indirectly from the workers or employers or both,


Section 4. Coverage — The mandatory immunization for Overseas Filipino Workers (OFWs)
with secured contracts provided under this Act shall cover the following vaccine-preventable
diseases:

a) Cholera;

b) Diphtheria;

©) Hepatitis B;

d) Tetanus;

©) Yellow Fever;

f) Tuberculosis;

g) Dengue Fever;

h) Ebola

i) Chicken Pox

j) Measles;

k) Mumps;

1) Rubella or German measles;

m) H. Influenza type B (HIB); and

n) Such other types as may be determined by the Secretary of Health in a department
circular.

Section 5. Period for Immunization — Recruitment and manning agencies shall ensure that
all OFWs prior to deployment have been appropriately vaccinated for highly-contractable
diseases in the area/s where the OFW will be deployed.

Section 6. Obligation to Inform — Any physician, nurse, nursing aide or person authorized by
the DOH to administer vaccines, who actually administers a vaccine to the OFW shall, prior
to administration, inform the OFW of the nature, benefits and possible effects of
immunization.

Section 7. Immunization Record Book — There shall be issued an Immunization Record
Book (IRB) to each active OFW which shall contain all records of his immunization pursuant
to this Act.

The IRB shall bear the OFWs name, birthday, address and other pertinent personal
information and shall be treated as a government-issued ID

All authorized persons administering the vaccine to the OFW must write the date of the
administration of the vaccine, affix his/her signature and attach the cut-out or sticker of the
vaccine details to the IRB.

Section 8. Costs of Immunization — The costs of the immunization, including the payment of
professional fee, shall be equally shared by the government, the principal or the
recruitment/manning agency, and the union in which the OFW is a member, if any.

The costs of the immunization shall be advanced by the concerned recruitment/‘manning
agency, subject to reimbursements from the government, and the union, if applicable.


Section 9. Presentation of IRB as Prerequisite to Deployment — The presentation of a valid
IRB with appropriate records of immunization shall be a condition precedent to the
deployment of the OFW.

Section 10. Information Dissemination — The Department of Health, in partnership with the
Department of Foreign Affairs, the Philippine Overseas Employment Agency, the Overseas
Workers Welfare Administration, the Maritime Industry Authority, airport authorities and
port authorities, shall educate all active OFWs of the importance and possible effects of
immunization,

Section 11. Continuing Education and Training of Health Personnel - The DOH, with the
assistance of other government agencies, local government units, academe, professional
societies and nongovernmental organizations, shall undertake continuing information,
education and training programs for all health personnel on the rationale and benefits of as
well as modern procedures for immunization of OFWs against vaccine-preventable diseases.

Section 12. Prohibited Acts ~ It shall be unlawful for any person or entity to commit the
following prohibited acts:

a. Soliciting information as to the history of immunization of a person applying for a job
abroad;

b. Asking or conniving with medical practitioners to obtain immunization record of a
person;

c. Discriminating an applicant on the basis of his record of immunization;

d. Making the presentation of the a person’s immunization record as pre-condition for
employment;

€. Causing or allowing the deployment of an OFW who does not have appropriate
vaccination; and

f. Failure of medical practitioner to inform the OFW-patient about the nature, benefits
and possible effects of the drug that will be administered to the OFW.

Section 13. Penalties — Any person found guilty of any of the prohibited acts shall suffer the
penalty of imprisonment of not less than six (6) years and one (1) day but not more than
twelve (12) years and a fine of not less than Five Hundred Thousand Pesos (P500,000.00) nor
more than One million pesos (P1,000,000.00).

The persons criminally liable for the above offenses are the principals, accomplices and
accessories. In case of juridical persons, the officers having ownership, control, management
or direction of their business who are responsible for the commission of the offense as well as
the responsible employees/agents thereof shall be liable.

If the offender is an alien, he or she shall, in addition to the penalties herein prescribed, be
deported without further proceedings.

In every case, conviction shall cause and carry the automatic revocation of the license or
registration of the recruitmenvmanning agency, medical clinic or concerned medical
practitioner.


Section 14. Filing of Case Not a Bar ~The filing of a case punishable under this Act shall be
without prejudice to the filing of cases punishable under other existing laws, rules or
regulations.

Section 15. Appropriations - The amount necessary to carry out the implementation of this
Act shall be charged against the current year's appropriations for immunization of the DOH.
Thereafter, such sums as may be necessary for the continued implementation of this Act shall
be included in the annual General Appropriations Act.

The Philippine Health Insurance Corporation (PHIC) shall include the health immunization
services for OFWs in its benefit package.

Section 16. /mplementing Rules and Regulations ~ The DOH, in consultation with the
National Immunization Committee, shall issue the necessary implementing rules and
regulations in accordance with the provisions of this Act within sixty (90) days from the
effectivity hereof.

Section 17. Separability Clause — If, for any reason, any section, subsection, clause or term
of this Act is held to be illegal, invalid, or unconstitutional, the remaining provisions hereof
which are not affected thereby shall continue to be in full force and effect.

Section 18. Repealing Clause ~ All laws, orders, decrees, letters of instruction, rules and
regulations or parts thereof inconsistent with the provisions of this Act are hereby amended,
modified, or repealed accordingly.

Section 19. Effectivity Clause — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,