NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
SENATE
S.B. No. 1678
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23 JAN 16 P2 '-42
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RECEIVED BV;
Introduced by SENATOR JOSEPH VICTOR G. EJERCITO
AN ACT
EXPANDING THE USE OF THE LEGAL ASSISTANCE FUND, AMENDING FOR 
THE PURPOSE SECTION 26 OF REPUBLIC ACT NO. 8042, AS AMENDED, 
OTHERWISE KNOWN AS THE MIGRANT WORKERS AND OVERSEAS 
FILIPINOS ACT OF 1995
EXPLANATORY NOTE
The establishment of the Department of Migrant Workers through the 
enactment of Republic Act No. 11641 (DMW Act) is envisioned to harmonize policies 
and guidelines for our modern-day heroes, our Overseas Filipino Workers (OFWs). 
Ultimately, this will ensure protection of the rights and promote the welfare of our 
OFWs.
To guarantee the services and assistance for the protection of our OFWs, the 
DMW Act created a dedicated fund for them, the Agarang Kalinga at Saklolo para sa 
mga OFW na Nangangailangan (AKSYON) Fund. This fund is intended to provide legal, 
medical, financial, and other forms of assistance to OFWs.
In spite of the existence of the AKSYON fund, an OFW may also avail legal 
assistance from the Department of Foreign Affairs (DFA). However, the provisions of 
Republic Act No. 8042, as amended, limit the access of our OFWs in distress to avail 
the legal assistance services of the DFA. The restrictions imposed for the use of the 
legal assistance make it difficult for our OFWs in distress to utilize the fund.
In order to assure the accessibility and availability of government services for 
our OFWs, this proposed legislation seeks to remove the restrictions for the use of the 
legal assistance fund of the DFA. The enactment of this bill will expand the coverage 
of the Legal Assistance Fund. When enacted into law, the utilization of the Legal
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Assistance Fund will be immediately available to our OFWs in distress in all stages of 
their legal proceedings - from the filing of complaint until the last level of appeal.
Although the State does not promote overseas employment as a means to 
economic growth and national development, it is our policy to afford full protection to 
our citizens wherever they may be. As such, to ensure that services protecting our 
OFWs are accessible, the passage of this bill is earnestly sought.
SENATOR JOSEPH VICTOR G. EJERCITO


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
SENATE 
S.B. No.
g>ciw!e
of li)f
23 JAN 16 P2 -42
RECEIVED BY:
1678
Introduced by SENATOR JOSEPH VICTOR G. EJERCITO
AN ACT
EXPANDING THE USE OF THE LEGAL ASSISTANCE FUND, AMENDING FOR 
THE PURPOSE SECTION 26 OF REPUBLIC ACT NO. 8042, AS AMENDED, 
OTHERWISE KNOWN AS THE MIGRANT WORKERS AND OVERSEAS 
FILIPINOS ACT OF 1995
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SECTION 1. Section 26 of Republic Act No. 8042, otherwise known as the "Migrant
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Workers and Overseas Filipinos Act of 1995," as amended by Republic Act No. 10022,
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is hereby amended to read as follows:
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"SEC. 26. Uses of the Legal Assistance Fund. - The Legal Assistance Fund
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created under the preceding section shall be used exclusively to provide
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legai services to migrant workers and overseas Filipinos in distress in
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accordance with the guidelines, criteria and procedures promulgated in
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accordance with Section 24(a) hereof. The expenditures to be charged
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against the Fund shall include the fees for foreign lawyers to be hired by
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the [Legal Assistant for Migrant Workers Affairs] HEAD OF MISSION
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OF THE PHILIPPINE EMBASSY CONCERNED to represent migrant
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workers AND OVERSEAS FILIPINOS facing charges or in filing cases
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against erring or abusive employers AND OTHER OFFENDERS abroad,
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IN OBTAINING bail bonds to secure the temporary release OF
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MIGRANT WORKERS AND OVERSEAS FILIPINOS IN DISTRESS,
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AND OTHER KINDS OF BONDS REQUIRED BY THE FOREIGN
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COURT, AGENCY OR TRIBUNAL WHERE THE CASE IS PENDING,
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and other litigation expenses.
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IN ADDITION, EXPENDITURES FOR THE HIRING OF
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PARALEGALS IN ALL FOREIGN POSTS MAY ALSO BE CHARGED
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AGAINST THE FUND. SUCH PARALEGALS SHALL PROVIDE
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PARALEGAL SUPPORT, LANGUAGE TRANSLATION AND OTHER
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SERVICES TO OVERSEAS FILIPINOS AND MIGRANT WORKERS
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IN DISTRESS: PROVIDED, THAT SAID PARALEGAL SHALL BE
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PROFICIENT IN LOCAL LAWS, RULES AND PROCEDURES, AND 
HAVE EXTENSIVE KNOWLEDGE ON THE CUSTOMS AND 
TRADITIONS OF THE FOREIGN COUNTRY WHERE SHE IS 
ASSIGNED AND/OR HIRED.
THE LEGAL ASSISTANCE FUND SHALL, AT ALL TIMES, BE 
IMMEDIATELY AVAILABLE TO ALL MIGRANT WORKERS AND 
OVERSEAS FILIPINOS IN DISTRESS WHO INITIATE OR WHO IS 
IMPLEADED IN ANY TYPE OF CASE INITIATED IN THE FOREIGN 
POST, FROM THE TIME OF THE COMMENCEMENT OF THE 
COMPLAINT, ACTION OR SIMILAR PROCEEDING, AND IN ALL 
STAGES OF THE PROCEEDING UNTIL PROMULGATION AND 
EXECUTION OF JUDGMENT AND AT ALL LEVELS OF APPEAL.
[■Provided, That] At the end of every year, the Department of Foreign 
Affairs shall include in its report to Congress, as provided for under 
Section 33 of this Act, the status of the Legal Assistance Fund, including 
the expenditures from the said fund duly audited by the Commission on 
Audit (COA): Provided, [further^] That the hiring of foreign legal 
counsels, when circumstances warrant urgent action, shall be exempt 
from the coverage of Republic Act No. 9184 or the Government 
Procurement Act."
SEC. 2. Implementing Rules and Regulations. - Within sixty (60) days from the 
approval of this Act, the Department of Foreign Affairs, in consultation with the 
Department of Migrant Workers, Overseas Workers Welfare Administration, and other 
relevant government agencies and stakeholders, shall promulgate the implementing 
rules and regulations for the effective implementation of the provisions of this Act, 
and to ensure that the Legal Assistance Fund is immediately and at all times available 
to all migrant workers and Overseas Filipinos in distress in accordance with this Act. 
If practicable, the implementing rules and regulations may also authorize the 
Secretary of Foreign Affairs to delegate the authority to approve an expenditure 
chargeable to the Fund to the head of Post, subject to existing rules and regulations 
of the Commission on Audit (COA).
SEC. 3. Repealing Clause. - All laws, orders, issuances, rules and regulations or 
part thereof inconsistent with the provisions of this Act are hereby repealed, amended 
or modified accordingly.
SEC. 4. 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,