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FOURTEENTH CONGRESS OF THE 
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First Regular Session 
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REPUBLIC OF THE PHILIPPINES 
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Introduced by Senator Antonio “Sonny” F. Trillanes IV 
EXPLANATORY NOTE 
Republic Act No. 8042 embodies the government’s policy regarding overseas employment and 
provides for a higher standard of protection and promotion of the welfare of millions of overseas 
Filipino workers and their families. Nearly eight years since the implementation of the Act, it has 
become apparent that the Government should now re-assess certain provisions of the law. 
Sections 29 and 30 of the existing law provide for a five-year comprehensive deregulation plan 
and require the Department of Labor and Employment to phase out the regulatory functions of 
the POEA within the same period. This five-year period for the deregulation of the agency was 
premised on the assumption that the country would have attained the status of a newly- 
industrialized country by year 2000. To date, however, such ”NIC-hood“ status remains to be 
realized. 
The phase-out of POEA’s regulatory functions as indicated under present law would be a wanton 
disregard of the avowed policy of the state and the noble mandate of the POEA to afford full 
protection to labor, local and overseas. It should be stressed that the bottomline of regulation is 
the promotion of the welfare of our OFWs. An untimely phase-out of the regulatory functions of 
the POEA will constitute a virtual abandonment of our OFWs contrary to the overall intention of 
the Migrant Workers Act. 
We must acknowledge and recognize that overseas employment has consistently increased as 
local employment opportunities continue to remain bleak. As of November 2004 alone, there 
were 791,180 OFWs deployed, 73% of which are women, While there is now a growing demand 
for professional women workers in the field of health care, majority of the women workers 
belong to the vulnerable group, particularly the service workers consisting of domestic helpers 
and entertainers or performing artists. The feminization of the OFW sector and the upsurge of 
vulnerable skills overseas require continued government intervention to promote their welfare. 
The intention of the Migrant Workers Act on the progressive policy of deregulation whereby the 
migration of workers becomes strictly a matter between the worker and his foreign employer 
must be subsumed under the state policy that the existence of the overseas employment program 
rests solely on the assurance that the dignity and fundamental human rights and freedom of our 
overseas Filipino workers (OFWs) shall not at any time be compromised or violated. While 
recognizing the significant contribution of Filipino migrant workers to the national economy 
through their foreign exchange remittances, the State shall continue to promote, sustain and 
protect our OFWs with all the resources at its command. 
It is in this light, therefore, that the repeal of Sections 29 and 30 of RA 8042 is hereby proposed. 
4+=+k- 
A N ~ O ~ ~ O  
“SONNY” F. TIULLANES rv 
Senator 
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FOURTEENTH CONGRESS OF THE 
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First Regular Session 
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REPUBLIC OF THE PHILIPPINES 
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S NO. SEN%27 
Introduced by Senator Antonio “Sonny” F. Trillanes IV 
AN ACT 
STRENGTHENING THE REGULATORY FUNCTIONS OF THE PHILIPPINE 
OVERSEAS EMPLOYMENT ADMINISTRATION (POEA) AMENDING FOR THIS 
PURPOSE REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS THE “MIGRANT 
WORKERS AND OVERSEAS FILIPINOS ACT OF 1995” 
Be in enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Section 23, paragraph (b.1) of Republic Act No. 8042, otherwise known as 
the ”Migrant Workers and Overseas Filipinos Act of 1995” is hereby amended to read as 
follows: 
“(b.1) Philippine Overseas Employment Administration - [Subject to deregulation and 
phase-out as provided under Sections 29 and 30 herein, t] The Administration shall regulate 
private sector participation in the recruitment and overseas placement of workers by setting up a 
licensing and registration system. It shall also formulate and implement, in coordination with 
appropriate entities concerned, when necessary, a system for promoting and monitoring the 
overseas employment of Filipino workers taking into consideration their welfare and the 
domestic manpower requirements.” 
SEC. 2. Section 29 of the same law is hereby repealed. 
“[SEC. 29. Comprehensive Deregulation Plan on Recruitment Activities. - Pursuant to a 
progressive policy of deregulation whereby the migration of workers becomes strictly a matter 
between the worker and his foreign employer, the DOLE within one (1) year from the effectivity 
of this Act, is hereby mandated to formulate a five-year comprehensive deregulation plan on 


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recruitment activities taking into account labor market trends, economic conditions of the 
country and emergency circumstances which may affect the welfare of migrant workers .] 'I 
SEC. 3. Section 30 of the same law is hereby repealed. 
"[SEC. 30. Gradual Phase-out of Regulatory Functions. - Within a period of five (5) 
years from the effectivity of this Act, the DOLE shall phase out the regulatory functions of the 
POEA pursuant to the objectives of deregulation.]" 
SEC. 4. All laws, orders, issuances, rules or regulations, or parts thereof, inconsistent 
with the provisions of this Act are hereby repealed, amended or modified accordingly. 
SEC. 5. This Act shall take effect within fifteen (15) days after its publication in the 
Official Gazette or in at least two (2) newspapers of general circulation, whichever comes earlier. 
Approved, 
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