CONGRESS OF THE PHILIPPINES
SIXTEENTH CONGRESS
First Regular Session

Introduced by REPRESENTATIVE MARK A. VILLAR.

EXPLANATORY NOTE

It was recently reported that a substantial number of Filipinos are in distress in
various countries, the latest of which is the repatriation of about 2,283 overseas Filipino
workers (OFWs) and children from strife-torn Egypt and Syria and from the Kingdom of
Saudi Arabia, In its latest 2013 figures, the Department of Labor and Employment
stated that 1,265 OFWs were brought back home from Egypt and Syria while 1,018
were from Jeddah

Aside from these unfortunate situations, other cases of maltreatments, abusive
employers and harassments have resulted in the increasing number of OFWs in
distress. The Philippine embassies and consulates have been home to these migrant
workers waiting for repatriation

It should be noted that there are numerous guarantees in the 1987 Philippine
Constitution and statutes promoting the rights and welfare of migrant workers.

* Article XIll, Section 3 of the Constitution provides, “The State shall afford
full protection of labor, local and overseas, organized and unorganized,
and promote full employment and equality of employment opportunities for
all.”

© Presidential Decree 442, Labor Code of the Philippines, devoted three
chapters on overseas employment

Republic Act 8042 or the Migrant Workers Act;

* The Omnibus Rules and Regulations implementing the Philippine Migrant
Workers Act;


* Executive Order 797 creating the Philippine Overseas Employment
Administration;

QO 1694 which created a welfare fund for the OFWs;
e Executive Order 247, amendments to the POEA Charter; and

« Executive Order 195 established a medical care program for OFWs.

The Philippines is likewise a signatory to a number of landmark treaties, some of which
are as follows:

4. The United Nations Convention on the Protection of the Rights of Migrant
Workers provides that migrant workers have the right to liberty and
security of person; right to protection from cruel and inhuman punishment,
right to legal personality and recognition as a person before the law
; right to representation, consultation and protection from discrimination
and exploitation.

2. The Universal Declaration of Human Rights states, among others:

“Article 2, Everyone is entitled to all rights and freedoms set forth in
this Declaration, without distinction of any kind, such as race, color, sex,
language, religion, political or other opinion, national or social origin,
property, birth or social status. Furthermore, no distinction shall be made
on the basis of the political jurisdictional or intemational status of the
country or territory to which a person belongs, whether it be independent,
trust, non-self governing or under any limitation of sovereignty.”

“Article 7. All are equal before the law and are entitled without any
discrimination to equal protection of the law.”

But while there may be a comprehensive set of laws protecting the overseas
workers, its implementation in reality may be inadequate. In particular, the funding
requirement needed to effect a meaningful and truly-caring OFW environment is far
from ideal. Undocumented workers or those who are hired by unscrupulous individuals
or agencies or those who work abroad without acquiring the necessary dossiers as job
contracts, labour cards or visas are not covered by existing laws for repatriation
assistance.

This legislation is submitted to cover both documented and undocumented
OFWs in the assistance program of the government. It also adds a special mechanism
to alleviate the plight of undocumented OFWs and overseas Filipinos in distress by
creating a Php 1 Billion Special Fund that can be used for the following, among others:
repatriation; medical expenses, hospitalization, and purchase of medicine of returning


sick overseas workers; migration fees for overstaying Filipinos; legal assistance
including litigation expenses, legal fees, payment of translation fees, and attendance in
court hearings; payment of blood money, when necessary, and basic necessities of
OFWs caught in emergencies or are detained.

A substantial portion of the budget must be allotted to support the livelihood
programs, or skills acquisition or re-acquisition of new knowledge, education and
trainings of returning OFWs.

The latest spate of civil unrest in the middle-east countries reminds us to
continue to protect and promote the welfare of our unsung heroes, hence, the passage
of this bill is eamest sought.

EI Ee
MARK A. VILLAR

Representative
Lone District of Las Piflas City


CONGRESS OF THE PHILIPPINES
SIXTEENTH CONGRESS.
First Regular Session

HOUSE OF REPRESENTATIVES

House Bill No. 2820

Introduced by REPRESENTATIVE MARK A. VILLAR

AN ACT PROVIDING AN ASSISTANCE PROGRAM FOR OVERSEAS FILIPINO:
WORKERS IN DISTRESS, BOTH DOCUMENETED AND UNDOCUMENETED,
PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES

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

Section 1. It is a declared policy of the State that full protection must be
accorded to labor, local and overseas. Assistance to overseas Filipino worker must
be without distinction, it should cover both documented and undocumented migrant
workers.

Beginning the year this Act is enacted, a special Assistance Fund for
Overseas Filipino Workers in Distress, Both Documented and Undocumented
Migrant Workers, in the amount of One Billion Pesos (P1, 000,000,000.00) is hereby
created. The fund shall be utilized for the following purposes:

Repatriation

b) Medical expenses, hospitalization and purchase of medicine in the form of
vouchers for six (6) months from arrival;

°)

Migration fees for overstaying Filipinos;

d) Legal assistance including litigation expenses, legal fees, payment of
translation fees, attendance in court hearings;

Payment of blood money, when necessary;
f) Basic necessities of OFWs caught in emergence or are detained
Provided, that thirty percent (30%) of the total fund shall be allotted to support

a livelihood training program or re-training of returning overseas Filipino
workers in new skills and literacy.


Section 2. In the utilization of the Fund, the principles of accountability and
transparency must be fully observed

Section 3. The fund needed to initially implement the provisions of this Act
must be sourced primarily from the General Appropriations Act. The appropriations
allotted to Assistance to Nationals and Legal Assistance Fund in the Department of
Foreign Affairs shall serve as core fund for the program. Thereafter, the yearly Php 1
Billion appropriation shall be sourced from the earnings of the Bureau of Immigration,
Duty-Free Philippines, passport processing fees of the Department of Foreign affairs,
Philippine Charity Sweepstakes Office, and other relevant offices or agencies as
may be recommended and identified in the implementing rules and regulations.

Section 4. The Department of Labor and Employment, in consultation with
the Department of Budget and Management and representatives of the private
sector and recognized overseas labor organizations, shall issue the necessary
implementing rules and regulations to implement the provisions of this Act.

Section 5. Should any provision of this Act be declared as unconstitutional,
the validity of the remaining provisions hereof shall remain in full force and effect

Section 6. This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in at least two (2) newspapers of circulation,
whichever comes earlier.

Approved,