Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

FIFTEENTH CONGRESS
‘Second Regular Session

House sit no._SO0L

Introduced by Rep. Winston “Winnie” Castelo

EXPLANATORY NOTE

A compelling article authored by Merlin M. Magallona entitled, “Options for
Legislation’ which appeared in Policy Options, a journal published by Integritas, Inc. in
its November 2010 issue prompted the draft of herein proposed measure.

In effect, this bill sees beyond Article 2 of the Revised Penal Code that defines
the application of the provisions of the Code as may have been now found to have been
‘overtaken by contemporary developments since Republic Act No. 3815 or "An Act
Revising the Penal Code and other Penal Laws" is signed into law since December 8,
1930.

Maybe, nothing by way of legislative action has yet been done that addresses
possibly fundamental limitation as it concerns extra-territorial criminal jurisdiction where
it now concerns an important sector of Philippine society whom the Philippine
government has tagged as ‘modem day heroes’ since they buoy up the national
economy by their dollar remittances.

This bill seeks to promote the best interests of Overseas Filipino Workers who
now may have become victims of various forms of criminal acts that may have been
perpetuated by their foreign-based employers or foreign nationals but which under our
Revised Penal Code may be punishable.

OFWs who nce oF even suffer a lot of ifdignities from foreign nationals as if with
impunity on the part ofthe fending forsign

It is in this light that this humble measure


Republic of the Philippines '
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
‘Second Regular Session

HOUSE BILLNO._9001

Introduced by Rep. Winston “Winnie” Castelo

AN ACT
SPECIFYING ONE MORE EXCEPTION UNDER ARTICLE 2 OF THE REVISED
PENAL CODE ON EXTRA-TERRITORIAL CRIMINAL JURISDICTION THEREBY
PROVIDING ADDED PROTECTION TO OVERSEAS FILIPINO WORKERS AND FOR
OTHER PURPOSES »

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

SECTION 1. This Act shall be known as the “Added Protection to Overseas
Filipino Workers Act of 2011”,

SEC. 2. In addition to five specified cases criminal jurisdiction extends beyond
Philippine territory under Article 2 of the Revised Penal Code, there shall be specified
‘one more exception on extra-territorial criminal jurisdiction, namely, that:

“In case a foreign national commits an act against an Overseas Filipino Workers
in his state of employment or anywhere else outside the Philippines, provided the act
Constitutes an offense under the Revised Penal Code, the offender should be arrested

when present in Philippine territory and prosecuted under the Code” and provided further
that:

“The legal process affecting the offender may reach into his/her assets which are
within Philippine territory”.

SEC. 3. All issuances, laws, decrees, orders, rules and regulations or parts
thereof not consistent with this Act are hereby repealed or modified accordingly.

SEC. 4. This Act shall take effect thirty (30) days following its publication in the
Official Gazette and in at least three (3) newspapers of general circulation.

Approved,