Republic of the Philippines
House of Representatives

Quezon City, Metro Manila

Eighteenth Congress

First Regular Session

House BILLNo.___}942

Introduced by:

ACT-CIS Party Representative: Jocelyn P. Tulfo

EXPLANATORY NOTE

The Philippines has slowly become one of the leading exporters of labor
across all continents. Every year, the volume of people exiting our country in order
to work for extended periods of time over vast distances increases as the abilities
and aptitude of the Filipino men and women become recognized.

There are, however, some drawbacks and repercussions that come with this
increased volume of overseas workers. It is now backed up by data that more and
more men and women who choose to work overseas become victims of crimes
which cause physical, emotional, and psychological harm to their person without
any speedy method to obtain remedy or redress. This cannot be the case. Our
Congress must not stand still and blind against the multitude of abuses which our
countrymen suffer in a daily basis.

The existing laws which our country provides would seem prima facie
adequate in providing our workers with the proper rights but leaves much to be
desired when it comes to the aspect of enforcement and effectivity. As it stands, the
only way Overseas Filipino Workers (OFWs) can have a chance of vindicating
their wrongs is through private programs, public service segments of radio and TV
shows or through a process which necessarily involves a Philippine Embassy or
Consulate which are limited and far from practicable; logistically speaking.

‘A more effective procedure which allows our Filipino citizens to prosecute
crimes against their employers abroad or their agencies at home must be introduced
into our legal system in order that we may properly preserve and pursue their
claims. It cannot be the case that our country be so easily deprived of power to
vindicate its victimized citizens in instances where there is a breach of rights so
clear and obvious. The lack of a dedicated body to protect the rights and pursue the
proper action shall be supplied by the procedure laid out in this bill.


In the same way that our countrymen are competitive in the international
scene, so must our justice system be recognized as staunch protectors of citizen’s
rights regardless of the country they are breached. In furtherance of such public
policy, this bill seeks to establish the Philippine Overseas Legal Action Center
(POLAC). It shall constitute a devoted branch under the DOLE that is assigned to
go where our OFWs reside and bring the opportunity to facilitate their claims
without them having to spend a large sum of money and time.

The POLAC shall be distinct from DOLE-POLO’s current legal assistance
division as they shall not be limited to offering their services to those who
approach their office or those who send in online inquiries. Rather, they would
advocate for the cases which they pledge to pursue in representation of OFWs who
approach them in their government sanctioned investigations or office visits
abroad. During these visits and investigations, they would be authorized to create
and gather complaints against the agencies of the OFWs or their related employers
as the case may be.

The complaints sworn to by the aggrieved OF Ws and then given under the
responsibility of the POLAC workers shall be prosecuted until the avails of the
case shall be delivered with the offending party being charged the expenses of the
suit. As such, there shall be minimal costs shouldered by the aggrieved party and
by the government as a whole in the course of protecting of its citizens. As this bill
passes into law, it is envisioned that OF Ws will have a more secure environment to
work regardless of their destination country and the protection of their agencies
which was promised to them shall be maintained with the help of a pro-active state
approach

Mile [fe

Hon. Jobdlyn Pua Tully
ACT-CIS 2" Representative



Republic of the Philippines

House of Representatives

Quezon City, Metro Manila
Eighteenth Congress
First Regular Session

HOUSE BILLNO.__1941

Introduced by:

ACT-CIS Party Representatives: Jocelyn P. Tulfo

AN ACT CREATING THE PHILIPPINE OVERSEAS LEGAL
ACTION CENTER, IDENTIFYING THEIR DUTIES, PROVIDING FUNDS
THEREFORE AND UPDATING THE POEA MINIMUM EMPLOYMENT
CONTRACT FOR OF WS

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

Chapter I - Introductory Provisions

Section 1. SHORT TITLE —

This act shall be known and cited as the “Philippine Overseas Legal Action Center
(POLAC) Act”.

Section 2. DECLARATION OF POLICIES —

a. In order to protect our Overseas Filipino Workers in accordance with the
constitutional mandate of full protection to labor, local and overseas,
organized and unorganized, and promote full employment and equality of
employment opportunity for all. Towards this end, the State shall provide
adequate and timely social economic and legal services to Filipino Migrant
Workers.

b. In the acceptance and prosecution of cases initiated by OF Ws, the POLAC
shall seek to deliver just rulings in a speedy manner considering the
complexities and logistical challenges of each case.

c. Pursuant to the legal maxims of the Philippines, the POLAC shall accept
cases which have sound legal basis and are not meant for harassment, delay,
or marked with fraud.


d. In recognition of the constitutional right to due process, the POLAC shall
ensure the respondent agency or employer adequate time and means to
participate in any administrative or judicial hearing.

e. As empty judgments are not favoured by the state, the POLAC shall, at all
times, make the avails of the suit easily available for the complainant to
claim once a final and executory judgment has been met. In furtherance of
this, immediate execution of the said judgment shall be pursued by the
POLAC lawyer or representative handling the case.

Section 3. DEFINITIONS -— For the purposes of this Act:

a. “Overseas Filipino Workers” refers to a person who is to be engaged, is
engaged, or has been engaged in a remunerated activity in a State or country
of which the worker is not a citizen. A “person to be engaged in a
remunerated activity” refers to an applicant worker who has been promised
or assured employment overseas.

b. “Abuse” shall mean any single serious act which is detrimental to the
physical, mental, or psychological health of an Overseas Filipino Worker or
a series of acts with the same effect.

c. “Domestic Legal Action Center” shall refer to the Single domestic office
established by the POLAC wherein complaints forwarded by Foreign Legal
Action Centers are processed and assisted for further trial in the Philippines.

d. “Foreign Legal Action Centers” shall mean any office established by the
POLAC abroad wherein complaints by OFWs are received, sworn to, and
assigned to a POLAC lawyer for all legal purposes it may serve.

e. “Inspection Clause” shall mean the mandatory provision in every overseas
employment contract wherein the employer shall allow authorized members
of the POLAC to visit the work premises in order to check the welfare of the
OFWs under their employ.

Chapter Il -THE PHILIPPINE OVERSEAS LEGAL ACTION
CENTER

Section 4. THE PHILIPPINE OVERSEAS LEGAL ACTION CENTER —

In order to better implement the national policy of protecting labor and to afford
better protection to Overseas Filipino Workers, a new office is hereby created
which shall be known as the Philippine Overseas Legal Action Center under the
Department of Labor and Employment’s Philippine Overseas Legal Office which
shall be organized within ninety (90) days after the effectivity of this Act.


Section 5. POWERS OF THE PHILIPPINE OVERSEAS LEGAL ACTION
CENTER

The Philippine Overseas Legal Action Center shall have quasi-legislative powers
to create implementing rules and regulations and internal rules of procedure in
order to perform its duties and responsibilities as set forth in this act.

It shall also exercise quasi-judicial powers in resolving the position papers of the
OFW and his or her employer as regards claims of abuse and acts constituting
illegal recruitment.

Section 6. SOURCE OF FUNDING FOR THE PHILIPPINE OVERSEAS LEGAL
ACTION CENTER —

Funding for the POLAC shall be primarily sourced from the mandatory
contributions of the OFWs to the POEA as required in their mandatory minimum
contracts.

Funding for the POLAC shall also be supplemented by itemized allotments from
the General Appropriations Act of the applicable year of operation.

Section 7. COMPOSITION OF A PHILIPPINE LEGAL ACTION CENTER —

The Philippine Overseas Legal Action Center shall be led in the Philippines by a
Domestic Chief Legal Officer recommended by the DOLE (Department of Labor
and Employment) Secretary and shall be appointed by the President. The term of
such Chief Legal Officer shall last for 5 years and shall only be suspended or
terminated for cause.

There shall be a Foreign Chief Legal Officer chosen by the Domestic Chief Legal
Officer for each POLAC office established abroad who shall exercise the same
powers of the Domestic Chief Legal Officer in their respective office but shall be
under the Domestic Chief Legal Officer’s direct supervision.

Each POLAC office shall consist of no less than two (2) senior overseas lawyers.
There shall also be, in every POLAC office, at least two (2) overseas service
lawyers who shall have previous experience working in the field of labor law.

Aside from the above minimum of lawyers, there shall be within each Legal Action
Center, accompanying non-legal staff the number of which shall be based on the
necessity of each office but shall not exceed the ratio of 4 non-legal staff for each

lawyer.


Lastly, the foreign based Legal Action Center shall employ at least one notary
public of the country where it is established and shall cause said notary public’s
continuous accreditation by the Philippine Embassy or Consul General in order to
notarize documents for the initiation of complaints.

Section 8. CREATION OF A LEGAL ACTION CENTER —

A Single POLAC domestic legal action center shall be established in the
Philippines under the direction of the Department of Labor and Employment
Secretary. The position of Domestic Chief Legal Officer shall be immediately
appointed by the president as soon as the law becomes effective and such
appointee shall cooperate with the DOLE secretary in the creation of the office and
their determination of the proper staff to perform the duties of the office and lastly,
in the creation of rules and regulations to fulfill their duties as set forth in this law.

A POLAC foreign legal action center shall be established remotely from, but under
the supervision of, an embassy or consulate wherever there is an appreciable
concentration of OFWs outside a convenient or practicable distance from an
already established embassy or consulate as determined by the Domestic Chief
Legal Officer or as requested through a petition by a group of OFWs supported by
signatures showing the existence of a large number of isolated OF Ws.

Section 9. QUALIFICATIONS FOR THE MEMBERSHIP OF THE PHILIPPINE
LEGAL ACTION CENTER —

The Domestic Chief Legal Officer must be a member of the Philippine Bar for a
period of at least 5 years and should be recognized to have served in the area of
labor law or a publicly known and accepted expert in labor legislation.

All Foreign Chief Legal Officers must be members of the Philippine Bar for a
period of at least 5 years with practice experience in the field of labor law or was a
member of the Public Attorney’s Office.

All Senior Overseas Lawyers must be a member of the Philippine Bar for a period
of 3 years with practice experience in labor law or was a member of the Public
Attorney’s Office.

All Overseas Service Lawyers must be a member of the Philippine Bar for a period
of 2 years with relevant training in labor law practice.

Foreign Based Non-Legal Staff must have had at least three (3) years working
abroad as an OFW in the field of secretarial work or was a staff member of a
Philippine based law firm for the same period.


‘The foreign notary public shall possess all the necessary qualifications of a notary
public in their country and shall, as a prerequisite to their position, be accredited by
the Philippine Embassy or Consulate having Jurisdiction over their area.

Section 10. DUTIES OF THE PHILIPPINE OVERSEAS LEGAL ACTION
CENTER —

The POLAC shall receive a copy of all employment contracts of OFWs within
their jurisdiction set by the Domestic Chief Legal Officer from the POEA as given
to them by licensed recruiting agencies.

The Foreign Chief Legal Officer shall then schedule each OFW within his or her
area of responsibility to report to the POLAC once every month for the duration of
their employment contract.

If, at the set date of an OFW’s POLAC mandated visit, the OF W fails to appear,
the POLAC, through its Special Overseas Lawyers, shall issue a notice and order
to the employer of the OFW to facilitate their appearance at the POLAC office.
After 10 days have lapsed from the sending of the notice and order, the POLAC
office shall conduct an employer or worksite visit for purposes of monitoring the
presence of any physical, psychological, or emotional abuse the OFW might have
suffered or is suffering and to ascertain any existence of acts constituting illegal
recruitment.

If during the POLAC mandated visit or during the POLAC worksite visit, the
OFW shall report any physical, mental, or psychological abuse he or she might
have been subjected to, or any act the employer or agency has committed which
may amount to illegal recruitment, the legal officers of the POLAC office shall
conduct an independent investigation and shall report their findings to the Foreign
Chief Legal Officer within 5 days. The Foreign Chief Legal Officer shall then
recommend either that a proper remote suit be filed by the POLAC in
representation of the OFW, or that the claim is unsubstantiated by facts.

In the course of the independent investigation, the OFW and the employer shall be
allowed to submit position papers regarding the claims set forth. Such position
papers shall not be the sole basis of the investigator’s recommendation to the
Foreign Chief Legal Officer.

The Foreign Chief Legal Officer shall determine the proper jurisdiction of the suit.
If it is found that the suit can be heard and decided in the Philippines, the Foreign
Chief Legal Officer shall forward the related documents and evidentiary matters to
the domestic POLAC office in order that they may represent the case before the
proper courts. If it is found that the suit can only be heard and decided in foreign


courts, the legal staff of the overseas POLAC office shall acquire the assistance of
a competent court officer in their country and shall cooperate which such court
officer to represent the OF W in the case.

Section 11. WAIVER OF THE MANDATORY MONTHLY POLAC VISIT —

The OFW may, at his or her option, file a waiver of his or her right to the monthly
POLAC visit under their employment contract with the POLAC office waiving the
visit requirement for a maximum of three (3) months.

After the waiver period, the OFW must again visit the POLAC office once a month
or issue another waiver after visiting the POLAC office.

No waiver shall waive a period for more than three (3) months.

Section 12. EFFECTS OF WAIVER OF APPEARANCE IN POLAC OFFICE —

An OFW who waives his or her right to appear in the POLAC office for whatever
period shall not be considered to have abandoned their right of action against their
employer or agency for any actionable wrong which may have occurred within said
period of waiver.

Section 13. VOLUNTARY APPEARANCE WITH THE POLAC —

An OFW may voluntarily appear ahead or after their scheduled monthly visit to the
POLAC in order to state any claim against their employer or agency. Such
voluntary appearance shall serve the same purpose as the POLAC mandatory
monthly visit.

CHAPTER III - AMMENDMENT TO THE POEA MIMINUM
OVERSEAS EMPLOYMENT CONTRACT

Section 14. INSPECTION CLAUSE —

Every overseas employment contract shall include the following provision or a
provision substantially similar in order for the same to be considered valid by the
POEA:

“The EMPLOYER shall allow a period of one day every month for the duration of
this employment contract for the EMPLOYEE to visit his assigned POLAC office.


Such day shall not be counted against the EMPLOYEE’s attendance record and
shall be considered a “day-off” for the week it is to be done.

The EMPLOYER shall allow the POLAC and its authorized legal staff to visit the
work premises of the OFW to inspect for presence of any physical, mental, or
psychological abuse or any acts which may constitute illegal recruitment.”

CHAPTER IV — Miscellaneous Provisions
Section 15. SEPARABILITY CLAUSE —

Should any provision of this Act or any part thereof be declared invalid, the other
provisions insofar as they are separable from the invalid ones, shall remain in full
force and effect.

Section 16. REPEALING CLAUSE —

All laws, orders, issuances, rules, and regulations or parts thereof inconsistent with
this Act are hereby repealed or modified accordingly.

Section 17. EFFECTIVITY —

This Act shall take effect fifteen (15) days after its complete publication in at least
two newspapers of general circulation.

Approved.