TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE 
S. No. 334
zb J!JL -9 P5 20
Introduced by Senator JV 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
Republic Act No. 8042, known as the "Migrant Workers and Overseas Filipinos 
Act of 1995," institutionalizes policies of overseas employment and ensures the 
protection of our migrant workers. It guarantees that our Overseas Filipino Workers 
(OFW), our "modern day heroes," meet their rights to a quality standard of life and 
career.
Considered the "largest global diaspora of migrant labor,"1 the Philippines 
recorded about 2.16 million OFWs from April to September 2023, marking a 9.8% 
increase from the 1.96 million data in 2022.2
These growing numbers represent the parents, titos and titas, couples, and 
families — each with their own stories of sacrifice to provide and build a better life for 
themselves and their loved ones.
1 San Juan, E. (2009). Overseas Filipino Workers: The Making of an Asian-Pacific Diaspora. The Global South, 
3(2), 99-129. https://doi.Org/10.2979/gso.2009.3.2.99
2 Philippine Statistics Authority (2024)


The feelings of homesickness and discrimination are among the most common 
challenges experienced by OFWs,3 among other struggles in their work environment, 
finances, and physical and mental health. There are also additional challenges for 
those who strive for permanent residency and citizenship, as they are subject to the 
foreign country's compliance and requirements.
This proposed bill intends to aid Filipino migrant workers facing legal actions by 
ensuring that the legal assistant fund accommodates the entire proceedings from the 
moment the case is initiated until the termination, promulgation, and execution of 
judgment.
The measure also expedites access to these funds by granting jurisdiction to 
the head of mission of the Philippine Embassy in charge. It also expands the coverage 
of the fund and authorizes foreign services to use the fund in hiring paralegals who 
are cultivated with the means and policies of the foreign country.
OFWs put food on the table from thousands of miles afar, send children to 
school, and provide everyday needs — a hope for many Filipino families. The rightful 
allocation and accessibility of the legal assistance fund for distressed Filipinos shall 
support our migrant workers in attaining fair and just trials and proceedings.
Furthermore, the immediate passage of this proposed measure is earnestly
sought.
JV EJERCITO
3 Atos, L. N. P., Cruz, E. M., Hong, S., Kim, S., & Soliven, M. J. (2022). Life challenges and goals of Overseas 
Filipino Workers. Animo Repository.
https://animorepository.dlsu.edu.ph/cgi/viewcontent.cgi?article=1069&context=conf_shsrescon


TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE 
S. No.
-9 P5:20
Introduced by Senator JV 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"
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1. Short Title. - Section 26 of Republic Act No. 8042, otherwise known
2 
as the "Migrant Workers and Overseas Filipinos Act of 1995", as amended by Republic
3 
Act No. 10022, is hereby amended to read as follows:
4
5 
"Sec. 26. Uses of the Legal Assistance Fund. — The Legal
6 
Assistance Fund created under the preceding section shall be
7 
used exclusively to provide legal services to migrant workers
8 
and overseas Filipinos in distress in accordance with the
9 
guidelines, criteria and procedures promulgated in accordance
10 
with Section 24(a) hereof. The expenditures to be charged
11 
against the Fund shall include the fees for the foreign lawyers
12 
to be hired by the [Legal AsGistant for Migrant Workers Affairs]
13 
HEAD OF MISSION OF THE PHILIPPINE EMBASSY
14 
CONCERNED to represent migrant workers AND OVERSEAS
15 
FILIPINOS facing charges or in filing cases against erring or
16 
abusive employers AND OTHER OFFENDERS abroad, IN


1 
OBTAINING bail bonds to secure the temporary release OF
2 
MIGRANT WORKERS AND OVERSEAS FILIPINOS IN
3 
DISTRESS, AND OTHER KINDS OF BONDS REQUIRED BY
4 
THE FOREIGN COURT, AGENCY OR TRIBUNAL WHERE
5 
THE CASE IS PENDING, and other litigation expenses.
6 
"THE LEGAL ASSISTANCE FUND SHALL, AT ALL
7 
TIMES, BE IMMEDIATELY AVAILABLE TO ALL MIGRANT
8 
WORKERS AND OVERSEAS FILIPINOS IN DISTRESS
9 
WHO INITIATE OR WHO IS IMPLEADED IN ANY TYPE
10 
OF CASE INITIATED IN THE FOREIGN POST, FROM THE
11 
TIME OF THE COMMENCEMENT OF THE COMPLAINT,
12 
ACTION OR SIMILAR PROCEEDING, AND IN ALL
13 
STAGES OF THE PROCEEDING UNTIL PROMULGATION
14 
AND EXECUTION OF JUDGMENT AND AT ALL LEVELS OF
15 
APPEAL.
16 
"[Provided, That] At the end of every year, the
17 
Department of Foreign Affairs shall include in its report to
18 
Congress, as provided for under Section 33 of this Act, the
19 
status of the Legal Assistance Fund, including the expenditures
20 
from the said fund duly audited by the Commission on Audit
21 
(COA): Provided, [further,] That the hiring of foreign legal
22 
counsels, when circumstances warrant urgent action, shall 
be
23 
exempt from the coverage of Republic Act No. 9184 or the
24 
Government Procurement Act."
25 
Sec. 2. Implementing Rules and Regulations. - Within sixty (60) days from the
26 
approval of this Act, the Department of Foreign Affairs, in consultation with the
27 
Department of Labor and Employment, Overseas Workers Welfare Administration,
28 
Philippine Overseas Employment Administration, Commission on Filipino Overseas,
29 
and other relevant government agencies and stakeholders, shall promulgate the
30 
implementing rules and regulations for the effective implementation of the provisions
31 
of this Act, including, but not limited to, the specific uses of the fund, and to ensure
32 
that the Legal Assistance Fund is immediately and at all times available to all migrant


1 
workers and overseas Filipinos in distress in accordance with this Act. If practicable,
2 
the implementing rules and regulations may also authorize the Secretary of Foreign
3 
Affairs to delegate the authority to approve an expenditure chargeable to the Fund to
4 
the head of Post, subject to existing rules and regulations of the Commission on Audit
5 
(COA).
6 
Sec. 6. Repealing Clause- All laws, orders, issuances, rules and regulations or
7 
part thereof inconsistent with the provisions of this Act are hereby repealed, amended
8 
or modified accordingly.
9 
Sec. 7. Effectivity. - This Act shall take effect fifteen (15) days after its
10 
publication in the Official Gazette or in at least two (2) newspapers of general
11 
circulation.
Approved,