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THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
INTRODUCED BY HON. MANNY VILLAR 
EXPLANATORY NOTE 
The State is duty-bound to maintain and strengthen the mantle of ample support and full 
protection it accords for the upliftment and advancement of the overseas Filipino workers' 
welfare. Such duty should also be shared by the manpower and manning agencies whose 
businesses are inextricably linked with the deployment of Filipino workers overseas and whose 
profits are mainly anchored on the labor services they provide for their foreign business 
partners, The installation of safety nets, among other matters, therefore must be understood as 
not just the sole responsibility of the government but also by those who have a stake in the 
deployment of workers. It is a collective duty that must be embraced and upheld at all times for 
the common good. 
The amendments introduced in this bill on the "Migrant Workers and Overseas Filipino 
Act of 1995" are intended to give stronger teeth in the implementation of the law and to increase 
both the recoverable remunerations of the migrant worker during extraordinary situations such 
as dislocationldisplacement, incapacity and death due to natural disasters and catastrophes and 
man-made perils. 
In view of the foregoing, the approval of this initiative is earnestly sought. 
MANNY VILLA 


THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
INTRODUCED BY HON. MANNY VILLAR 
AN ACT SETTING HIGHER STANDARDS OF PROTECTION OF MIGRANT WORKERS AND 
THEIR FAMILIES, AMENDING FOR SUCH PURPOSE REPUBLIC ACT NO. 8042 
OTHERWISE ENTITLED AN ACT TO INSTITUTE POLICIES OF OVERSEAS EMPLOYMENT 
AND ESTABLISH A HIGHER STANDARD OF PROTECTION AND PROMOTION OF THE 
WELFARE OF MIGRANT WORKERS, THEIR FAMILIES AND OVERSEAS FILIPINOS IN 
DISTRESS, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. A second paragraph is hereby added to Section 4 of Republic Act 8042 which shall 
now be read as follows: 
SECTION 4. Deployment of Migrant Workers.- The State shall deploy overseas Filipino 
workers only in countries where the rights of Filipino migrant workers are protected. The 
government recognizes any of the following as guarantee for the protection of overseas Filipino 
workers: 
(a) It has existing labor and social laws protecting the rights of migrant workers; 
(b) It is a signatory to multilateral conventions, declarations or resolutions relating to the 
(c) The country has concluded a bilateral agreement or arrangement with the Philippine 
protection of migrant workers; 
Government on the protection of the rights of overseas Filipino Workers; and 
(d) It is taking positive, concrete measures to protect the rights of migrant workers. 
NOWITHSTANDING THE ABSENCE OF LEGAL PROCESSING BY THE POEA OF 
OVERSEAS EMPLOYMENT CONTRACTS OF MIGRANT WORKERS FOR COUNTRIES 
MEETING THE ABOVE MENTIONED CRITERIA AS REQUIRED BY LAW, THE DOLE, DFA, 
POEA, OWWA MUST STILL ENSURE THAT ALL THE BENEFITS AND PROTECTION 
ACCORDED HEREIN SHALL BE MAINTAINED IN FAVOR OF THE WORKER WITHOUT ANY 
PREJUDICE TO A COMMENSURATE DIMINUTION OF RECOVERABLE COMPENSATION 
DUE TO THE WORKER IN SITUATIONS WHERE EVIDENT BAD FAITH, FRAUD OR GROSS 
OMMISSION OR NEGLIGENCE CAN BE SOLELY ATTRIBUTED TO HIM AND WITHOUT 
ANY INTERVENTION OF HIS EMPLOYER OR PLACEMENT AGENCY IN HlSlHER TRAVEL 
OR PLACEMENT ABROAD AND ON THE FURTHER CONDITION THAT SUCH IS 
ESTABLISHED BY CLEAR AND CONVINCING EVIDENCE. THE FILING OF CRIMINAL 
CHARGES INCLUDING THE PROMULGATION OF JUDGEMENT ON THE CASE SHALL NOT 


PREVENT NOR DELAY THE AWARDING OF BENEFITS FOR THE MIGRANT WORKER AND 
HIS BENEFICIARIES. 
SEC. 2. The second, fourth and fifth paragraphs of Section 10 are hereby amended to be read 
as follows: 
SEC. IO. Money claims. - x x x 
The liability of the principallemployer and the recruitment placement agency on any and 
all claims under this Rule shall be joint and solidary. This liability shall be incorporated in the 
contract for overseas employment and shall be a condition precedent for its approval. The 
performance bond to be filed by the recruitmentlplacement agency [as provided by law,] WHICH 
SHALL NOT BE LESS THAN ONE HUNDRED THOUSAND PESOS (P 100,000.00) shall be 
answerable for all money claims or damages that maybe awarded to the workers. IN CASE 
THERE IS A DEFICJENCY IN THE AMOUNT OF THIS BOND IN THE SATISFACTION OF ALL 
CLAIMS DUE TO THE WORKER, A SUMMARY DECISION SHALL BE FORTHWITH ISSUED 
BY THE LABOR ARBITER WHICH SHALL BE FINAL AND IMMEDIATELY EXECUTORY. 
x x x  
Any compromise, amicable settlement or voluntary agreement on money claims 
inclusive of damages under this Rule shall be paid within ONE (1) MONTH [four (4) months] 
from the approval of the settlement by the appropriate authority. 
In case of termination of overseas employment without just, valid or authorized causes 
as defined by law or contract, the worker shall be entitled to the full reimbursement of his 
placement fee with interest as twelve percent (12%) per annum, plus his salaries for the 
unexpired portion of his employment contract or for three (3) months for every year of the 
unexpired term, whichever is [less] HIGHER. 
SEC. 3. The first paragraph of Section 15 is hereby amended to be read as follows: 
SEC. 15. The repatriation of the worker and the transport of his personal belongings 
shall be the primary responsibility of the agency which recruited or deployed the worker 
overseas. All costs attendant to repatriation shall be born by or charged to the agency 
concerned andlor its principal. Likewise, the repatriation of remains and transport of the 
personal belongings of a deceased worker and all costs attendant thereto shall be borne by the 
principal andlor the local agency. However, in cases where the termination of employment is 
due solely to the fault of the worker, the principallemployer, or agency shall [not in any manner 
be responsible for] JOINTLY SHOULDER the COSTS OF repatriation of the former andlor his 
belongings. 


SEC. 4. Section 21 shall be amended to be read as follows: 
SEC. 21 .Migrant Workers Loan Guaranfee Fund.-In order to further prevent 
unscrupulous illegal recruiters from taking advantage of workers seeking employment abroad, 
the OWWA 
in cooperation with government financial institutions, shall institute financing 
schemes that will expand the grant of predeparture loan THAT WILL ADEQUATELY 
ADDRESS THE PRE-DEPARTURE EXPENSES OF THE WORKERS and family assistance 
loan WHICH SHALL NOT BE LESS THAN FIFTY THOUSAND PESOS (P 50,000.00) PER 
WORKERS FAMILY BENEFICIARIES. For this purpose, a Migrant Workers Loan Guarantee 
Fund is hereby created and the revolving amount of One hundred million pesos (P 100, 000, 
000.00) from the OWWA is set aside as a guarantee fund in favor of participating government 
financial institutions. 
SEC. 5. The amount necessary to carry out the provisions of this Act shall be sourced out from 
the funds generated by the Philippine Amusement and Gaming Corporation and Philippine 
Charity Sweepstakes Office, and the subsequent funding to be provided for in the General 
Appropriations Act of the year following its enactment into law and thereafter. 
SEC. 5. All other laws, decrees, orders, issuances, rules and regulations or parts thereof 
inconsistent with this Act, are hereby repealed or modified accordingly. 
SEC.7 If for any reason, any section or provision of this Act is held unconstitutional or invalid, 
the other sections or provisions hereof shall not be affected thereby. 
SEC. 8 This Act shall take effect after fifteen (15) days from its publication in the Official Gazette 
or in at least two (2) national newspapers of general circulation. 
Approved,