Republic of the Philippines is OnE
House of Representatives a3
Queson City, Metro Manila

Gan
Nineteenth Congress LO mek

‘Third Regular Session_
House Bill No. 16973

Introduced by:

HON. MARISSA ‘DEL MAR’ MAGSINO
OFW PARTY LIST

EXPLANATORY NOTE

As a signatory to the ‘Protocol to Prevent, Suppress and Punish Trafficking
in Persons, Especially Women and Children’, the Philippines is actively engaged in
combating human trafficking - an international problem that is an affront to the basic
human rights of individuals.

Republic Act No. 9208, also known as the “Anti-Trafficking in Persons Act of 2003’,
provides the basic law that instituted policies to prevent human trafficking in the
country. It aims to promote human dignity, protect the people from any threat of
violence and exploitation, and mitigate pressures for involuntary migration and
servitude of persons, to support trafficked persons, and to ensure their recovery,
rehabilitation and reintegration into the mainstream of society.

Overseas domestic work or household service is one of the most important
sources of employment for women Overseas Filipino Workers (OFWs) with about one-
quarter of OFWs deployed overseas every year entering the domestic service sector.
Unfortunately, domestic workers, or now known as household servicer workers, are
also one of the most vulnerable victims of trafficking, exploitation and forced labor due
to the hidden nature of domestic work within the private sphere of the employers’
household and the largely informal employment arrangements currently being
practiced. The situation is even more alarming in the case of migrant child domestic
workers (CDWs).

Migrant CDW's are young, economically disadvantaged, usually female child
workers who are extremely vulnerable to human trafficking and sexual exploitation.

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Evidence also indicates that children in domestic work are exposed to a range of
psychosocial and physical risks resulting from their long working hours, excessive
employer control, and from physical and emotional violence in the employing
households.

It was to protect Filipino migrant CDWs from these vulnerabilities that Republic
Act No. 11862, also known as the ‘Expanded Anti-Trafficking in Persons Act of 2022’, was
enacted further amending RA 9208. It included as ‘an act of trafficking in persons’ to
ecruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide, receive or
adopt a child for deployment abroad as migrant worker, without need of any
acompanving unlawful acts such as with the use of force or threat. abduction or similar it trafficki ,

However, the amendment also included a proviso that ‘in the case of overseas
domestic work, a ‘child’ means a person below twenty-four (24) years old’. This
proviso has stirred a hornet's nest.

The proviso is restrictive and discriminatory to Filipino migrant women
domestic workers as it violates their right to work and travel, and is inconsistent with
the ‘Convention on the Elimination of All Forms of Discrimination Against Women’
(CEDAM) which forbids States to impose age-specific bans. The restriction will
necessarily result in the loss of overseas employment opportunity to Filipino
domestic workers who are below 24 years of age as their recruitment and
employment will be tantamount to human trafficking under the proviso.

While women migrant domestic workers are prone to becoming trafficking
victims, it does not incontrovertibly mean that limiting their mobility and employability
based on their age is a sure-fire solution. A child is universally well-defined in numerous
conventions and even in domestic laws as a person below eighteen (18) years old.

This bill seeks to remedy the situation by deleting the subject proviso in Section
4, paragraph (m) of RA 9208 as amended by Republic Act No. 11862.

Lastly, the proposed remedial legislation is in accord with the recommendation
of the United Nations Committee on the Protection of the Rights of All Migrant Workers
and Members of Their Families on the Third Periodic Report of the Philippines in 2023
which states:

To review and repeal all gender-discriminatory provisions that
constitute restrictions or exclusions on migration in law or in practice
which limit opportunities for women and girls, including sex-specific bans
and other restrictions that limit the mobility of women migrants on the
basis of age, marital status, migration status... In particular. to amend
Section 4 (m) of Republic Act No, 11862 of 2022. the Expanded Anti-



This proposed measure is submitted upon the recommendation and support of
the Center for Migrant Advocacy.

For the foregoing reasons, the immediate approval of this bill is earnestly sought.

“ Od
Logit MAR’ MAGSINO.


“nines

Republic of the Philippines
Bouse of Representatives
Queson City, Metro Manila

Nineteenth Congress

Third Regular Session

House Bill No. 16575

Introduced by:
HON. MARISSA ‘DEL MAR’ MAGSINO
OFW PARTY LIST

AN ACT
REMOVING THE AGE RESTRICTION ON FILIPINO MIGRANT DOMESTIC WORKERS,
AMENDING FOR THE PURPOSE SECTION 4 PARAGRAPH (M) OF REPUBLIC ACT NO.
9208, AS AMENDED, OTHERWISE KNOWN AS THE ‘ANTI-TRAFFICKING IN
PERSONS ACT OF 2003’

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

Section 1. Section 4 of Republic Act No. 9208, otherwise known as the ‘Anti-Trafficking
in Persons Act of 2003’, as amended, is hereby further amended to read as follows:

‘Section 4. Acts of Trafficking in Persons - It shall be unlawful for any
person, natural or juridical, to commit by means of a threat, or use of
force, or other forms of coercion, or through abduction, fraud, deception,
abuse of power or of position, or through taking advantage of the
vulnerability of the person, or by giving or receiving of payment or
benefit to obtain the consent of a person having control over another
person, any of the following acts:



(m) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire,
provide, receive or adopt a child for deployment abroad as migrant
worker.

Provided, That when the victim is a child, the means to commit
these unlawful acts as enumerated in the first paragraph of this
section shall not be necessary.[: Provided; further,That-in-the-case

four (24}-years old.

Section 2. All laws, presidential decrees, issuances, executive orders, letters of
instruction, rules or regulations inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

Section 3. This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in a newspaper of general circulation.

Approved.