Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
‘Second Regular Session

5704

HOUSE BILL No.

Introduced by
BAYAN MUNA Rep. Neri Colmenares, BAYAN MUNA
Rep. Carlos Isagani Zarate, GABRIELA Women’s Party Rep. Luz Ilagan, ACT Teachers
Party-List Rep. Antonio Tinio, GABRIELA Women’s Party Rep. Emmi de Jesus,
ANAKPAWIS Rep. Fernando Hicap, and KABATAAN Rep. Terry Ridon

AN ACT APPROPRIATING THE SUM OF FIVE HUNDRED MILLION PESOS
(P500,000,000) AS LEGAL ASSSISTANCE FUND
FOR OVERSEAS FILIPINO WORKERS IN DISTRESS FOR FY 2015

EXPLANATORY NOTE

The case of Mary Jane Veloso, a 30-year old mother of two from Nueva Ecija, who was charged
with smuggling of illegal drugs and sentenced to die in Indonesia, mirrors the tragedy of many
overseas Filipino workers who, in seeking better job opportunities abroad, become victims of
human and drug trafficking and other forms of exploitation.

Veloso is one of the 6,000 Filipinos who go abroad daily to search for decent employment as
‘government's ‘foreign investor-led development’ has only fueled increasing unemployment in the
country. The Overseas Filipino Workers (OFWs) have become the highest income generator fot
the country, whose personal remittances in 2014 set an all-time high for the Philippines at $26.93
billion according to the Banko Sentral ng Pilipinas.

‘Yet, the contribution of OFWs to the country’s economy does not seem to be reciprocated by
the government's support and attention to their plight. Based on reports from Migrante
International, many OFWs are subjected to different kinds of abuse or suffer inhumane
conditions in the places they work. The lucky ones are able to come back home, but those
unlucky ones may end up killed or locked up in jail, and also get to die if sentenced to death.

Based on reports and claims of Veloso’s family, Veloso was not provided with timely and
adequate government assistance. Despite their efforts and requests to the Philippine Department
of Foreign Affairs (DFA) since 2010, Veloso was not provided with a lawyer or translator by the
Philippine government since her interrogation by the Indonesian police until the end of the trial.
Tt was only after Mary Jane was sentenced to death that the Philippine embassy availed of the
services of Iifdonesian law firm Rudyantho & Partners (R&P). In fact, a strong evidence of
government's lack of concern for the Veloso’s case was its failure to investigate and prosecute


alleged recruiter Cristina Sergio since 2010. ‘The government only responded when public
outrage escalated.

Philippine Embassies abroad claim that lack of funds makes it difficult for government to
provide legal services to Filipinos abroad undergoing trial. Some members of Congress have
pressed for bigger budget for the legal assistance fund as a result of this claim, but the budget
continues to allocate very litle funds for OFWs.

Various laws have appropriated millions of pesos for legal assistance of OFWS like Veloso. The
Migrant Workers’ Act of 1995, as amended by RA 10022, provided for P100 Million legal
assistance fund (LAF), which shall “be used exclusively to provide legal services to migeant
‘workers and overseas Filipinos in distress...” which “shall include the fees for the foreign
lawyers to be hired by the Legal Assistant for Migrant Workers Affairs to represent migrant
workers facing charges or in filing cases against erring or abusive employers abroad, bail bonds
to secure the temporary releases and other litigation expenses.” Republic Act No. 10651 or the
FY 2015 General Appropriations Act likewise provided P100 Million Legal Assistance Fund
under the budget allotment for the DEA,

With about 88 Filipinos facing death penalty abroad, mostly in China and Malaysia, according to
the Department of Foreign Affairs (DFA), and at least 7,000 OFWs in jails abroad according to
‘Migrante, there is a need to ensure that there is adequate fund for the Legal Assistance Fund and
that this fund is actually used to assist our OFWs.

However, President Benigno Aquino III, in his Veto Message dated December 23, 2014,
conditionally vetoed Special Provision Section 11 Legal Assistance Fund of the DFA: “the
appropriations in this Act clearly suggest the lack of income sources to justify the creation of a
special fund”. This means that there will be no fund allocation for the legal assistance of OFW
unless somebody identifies a specific source of fund.

‘The bill aims to provide a supplemental fund of P500 Million pesos for legal assistance fund for
FY 2015 to counter act the veto of Pres. Aquino and ensure that those languishing in jails,
especially those in death rows, will be given a chance to avail of legal services while being
charged in a hostile environment abroad. This amount will roughly cover some 1,100' OFWs in
jails abroad.

Itis the government's responsibility to provide timely and adequate legal assistance to OFWs in
distress. By passing this bill that will ensure that funds are readily available for the legal needs of
out OFWs in distress, we can save more OFWs’ lives.

Hence, support for this bill is eamestly sought.

Approved,

* Based on per ee average of P450,000 in legal fees, according to Senate finance subcommittee chairperson Locen Legaed

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‘ted on Apal 29, 2015,


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. COLMENARES.
Muna Party-lst

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:p. CARLOS. MAM. TE Rep. MA [MINDA C. ILAC
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Bayan Munc

Gabriela Women’s Party

p. ANTON(OT. Rep. EMMI A. DE JESUS
ACT Teachers Partylist Gabriela Women’s Party

Rep. FERRY RIDON
dabataan Partylist



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

HOUSE BILL No._97 04

Introduced by
BAYAN MUNA Rep. Neri Colmenares, BAYAN MUNA
Rep, Carlos Isagani Zarate, GABRIELA Women’s Party Rep. Luz llagan, ACT Teachers
Party-List Rep. Antonio Tinio, GABRIELA Women’s Party Rep. Emmi de Jesus,
ANAKPAWIS Rep. Fernando Hicap, and KABATAAN Rep. Terry Ridon

AN ACT APPROPRIATING THE SUM OF FIVE HUNDRED MILLION PESOS
(500,000,000) AS LEGAL ASSSISTANCE FUND
FOR OVERSEAS FILIPINO WORKERS IN DISTRESS FOR FY 2015

Beit enacted by the Senate and the Hlouse of Representatives ofthe Philippines in Congress assembled:

SECTION 1.Appropriations—The sum of five hundred million pesos (P500,000,000) is
hereby appropriated as supplemental budget for the Legal Assistance Fund for overseas Filipino
workers in distress for the FY 2015.

SECTION 2. Use and Release of Funds —The amount appropriated shall be released by the
Department of Budget and Management (DBM) to the Department of Foreign Affairs (DPA) in
accordance with budgeting rules, laws and regulations to be used exclusively to provide legal
services to migrant workers and overseas Filipinos in charged with crimes abroad, in accordance
with the guidelines, criteria and procedures promulgated in accordance with Section 26 of
Migrant Workers and Overseas Filipinos Act as amended by Republic Act 10022. Expenditures
charged against Legal Assistance Fund shall include fees for the foreign lawyers to be hired by
the Legal Assistant for Migrant Workers Affairs to represent migeant workers facing charges or
in filing cases against erring or abusive employers abroad, bail bonds to secure the temporary
releases and other litigation expenses.

SECTION 3. Availability of Appropriations. ‘The amount authorized in this Act shall be
available for release and obligation for the purposes specified for one (1) year from the date of
effectivity of this Act.

SECTION 4. Transparency Provision. The Department of Foreign Affairs shall include in its
report to Congress, at the end of the year, as provided for under Section 33 of Republic Act
8402 Migrant Workers and Overseas Filipinos Act, as amended, the status of the Legal
‘Assistance Fund, including the expenditures from the said fund duly audited by the Commission
fon Audit (COA). Provided, further, that the DFA shall ensure that the detals of the legal
assistance including the nature of assistance and amount paid are included as part of the


information posted under their transparency seals under Section 98 of Republic Act No. 10651
or the FY 2015 GAA.

SECTION 5. Separability Clause. ~ If, for any reason ot reasons, any part of this Act shall be
Geclared as unconstitutional or invalid, the other parts or provisions hereof which are not

affected hereby shall continue to be in full force and effect.

SECTION 6. Effectivity. This Act shall take effect immediately upon its publication.

Approved,