1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
Second Regular Session 
) 
9 ESRY 21 PG 27 
S.B. No. 
32 
Prepared by the Committees on Labor, Employment and Human Re.c.owcc.\ 
Development, Foreign Relations and Finance with Senator ~
~
~
~
~
~
~
~
~
Ejer 
Estrada, Villar, Revilla, Santiago and Angara as authors thereof 
k 
AN ACT 
AMENDING REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS THE 
MIGRANT WORKERS ACT OF 1995, AS AMENDED, FURTHER 
IMPROVING THE STANDARD OF PROTECTION AND PROMOTION OF 
THE WELFARE OF MIGRfkNT WORKERS, THEIR FAMILIES ANI) 
OVERSEAS FILIPINOS IN DISTRESS, AND FOR OTHER PURPOSES 
Be enacted by the Senate and House of Representatives of the Philippines in 
Congress uswnbled: 
SEC. 1. Short Title. - This Act shall be known and cited as the "Migrclni 
Workers und Overseas Filipinos Act of 2009". 
SEC. 2. Declaration of Policies. - (a) In the pursuit of an independent foreign 
policy and while considering iiational sovereignty, territorial integrity, national 
interest and the right to self-determination paramount in its relations with other States. 
the State shall, at all times, uphold the dignity of its citizens whether in the countr)' 01- 
overseas, in general, and Filipino migrant workers, in particular, CONTINUOUSLY 
MONITOR INTERNATIONAL CONVENTIONS, ADOPT/BE SIGNATOR)' 
TO AND RATIFY THOSE THAT GUARANTEE PROTECTION TO OUR 
MIGRANT WORKERS, AND .ENDEAVOR TO ENTER INTO BILATERAL 
AGREEMENTS WITH COUNTRIES HOSTING OFWs. 
(b) The State shall afford full protection to Iabor, local and overseas, organized and 
unorganized, and promote full employment and equality of employment opportunitics 
for all. Towards this end, the State shall provide adequate and timely social, econoniic 
and legal services to Filipino migrant workers. 


9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
(c) While recognizing the significant contribution of Filipino migrant workers to the 
national economy through their foreign exchange remittances, the State does not 
promote overseas employment as a means to sustain economic growth and achieve 
national development. The existence of the overseas employment program rests solely 
on the assurance that the dignity and fundamental human rights and freedoms o f  the 
Filipino citizen shall not, at any time, be compromised or violated. The State 
therefore, shall continuously create local employment opportunities and promote the 
equitable distribution of wealth and the benefits o f  development. 
(d) The State affirms the fundamental equality before the law of women and men and 
the significant role of women in nation building. Recognizing the contribution of 
overseas migrant workers and their particular vulnerabilities, the State shall apply 
gender sensitive criteria in the formulation and implementation of policies and 
programs affecting migrant workers and the composition of bodies tasked for the 
welfare of the migrant workers. 
I 
(e) Free access to the courts and the quasi-judicial bodies and adequate legal 
assistance shall not be denied to any person by reason of poverty. In this regard, it is 
imperative that an effective mechanism be instituted to ensure that the rights and 
interest of distressed overseas Filipinos in general, and REGULAR OR 
IRREGULAR Filipino migrant workers, in particular, documented or undocumented, 
are adequately protected and safeguarded. 
(f) The right of Filipino migrant workers and all overseas Filipinos to participate in 
the democratic decision-making process of the State and to be represented in 
institutions relevant to overseas employment is recognized and guaranteed. 
(g) The State recognizes that the MOST EFFECTIVE TOOL FOR 
EMPOWERMENT IS POSSESION OF SKILLS BY [ultimate protection to all] 
migrant workers. [is the possession of skills]. Pursuant to this [and as soon as 
practicable], the government shall [deploy and/or allow the deployment only to skilled 
Filipino 
workers] 
PROVIDE 
FREE 
AND 
ACCESSIBLE 
SKILLS 
DEVELOPMENT AND ENHANCEMENT PROGRAMS. 
2 


8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
2s 
26 
(h) THE STATE RECOGNIZES Non-governmental organizations, TRADE 
UNIONS, ASSOCIATIONS, STATAKEWOLDERS AND OTHER ENTITIES 
duly recognized as legitimate, are partners of the State in the protection of Filipino 
migrant workers and in the promotion of their welfare. The State shall cooperate with 
them in the spirit of trust and mutual respect. THE SIGNIFICANT 
CONTRIBUTIONS OF THE RECRUITMENT AND MANNING AGENCIES 
SHALL FORM PART OF THIS PARTNERSHIP. 
(i) Government fees and other administrative costs of recruitment, introduction, 
placement and assistance to migrant workers shall be rendered free without prejudice 
to the provision of Section 36 hereof. 
[Nonetheless, the deployment of Filipino overseas workers, whether land-based or 
sea-based by local service contractor and manning agencies employing them shall be 
encouraged. Appropriate incentives may be extended to them.] 
Section 3. Section 3 of RA No. 8042 is hereby amended to read as follows: 
“SEC. 3. Dejinitions. -For purpose ofthis Act: 
(a) [“Migrant worker”] “OVERSEAS FILIPINO WORKER” refers to a person 
who is to be engaged, is engaged or has been engaged in a remunerated activity in a 
state of which he or she is not ‘a legal resident. OR ON BOARD A VESSEL 
ENGAGED IN INTERNATIONAL TRADE; to be used interchangeably with 
[overseas Filipino worker] MIGRANT WORKERS. 
(b) “Gender-sensitivity’’ shall mean cognizance of the inequalities and inequities 
prevalent in society between women and men and a commitment to address issues 
with concern for the respective interest in the sexes. 
(c) “Overseas Filipinos” refers to dependents of migrant workers and other Filipino 
nationals abroad who are in distress as mentioned in Sections 24 and 26 of this Act 
(d) PERIOD OF DEPLOYMENT- REFERS TO THE PERIOD FROM THE 
3 


1 
2 
3 
WORKER FROM THE PHILIPPINES. 
4 
S 
(e) COMMENCEMENT OF EMPLOYMENT- REFERS TO THE DATE OF 
6 
THE ACTUAL DEPARTURE OF THE OVERSEAS FILIPINO WORKER 
7 
SIGNING OF THE CONTRACT FOR OVERSEAS EMPLOYMENT UP TO 
THE DATE OF THE ACTUAL DEPARTURE OF THE OVERSEAS FILIPINO 
FROM THE PHILIPPINES FOR THE COUNTRY OF WORK. 
8 
9 
10 
11 
12 
13 
14 
15 
16 
18 
19 
20 
21 
22 
23 
24 
2s 
26 
27 
(f) TRAFFICKING OF PERSONS SHALL MEAN THE RECRUITMENT, 
TRANSPORTATION, 
TRANSFER, HARRORING 
OR 
RECEIPT 
OF 
PERSONS, BY MEANS OF VIOLENCE, COERCION, DECEPTION OR 
ABUSE OF AUTHORITY FOR PURPOSES OF EXPLOITATION. 
(g) EXPLOITATION SHALL INCLUDE AT THE MINIMUM, ALL FORMS 
OF SEXUAL EXPLOITATION, FORCED LABOR OR SERVICES, SLAVERY 
OR 
PRACTICES 
SIMILAR 
TO 
SLAVERY 
OR 
INVOLUNTARY 
SERVITUDE. 
Section 4. Section 4 of R. A. 8042 is hereby amended to read as follows: 
“SEC. 
4. Deployment of Migront Workers. - The State shall [deploy] 
ALLOW DEPLOYMENT OF overseas Filipino workers only in countries where the 
rights of Filipino migrant workers are protected. The government recognizes any of 
the following as a guarantee on the part of the receiving country for the protection and 
the rights 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 protection of migrant workers; 
(c) It has concluded a bilateral agreement or arrangement with the government 
protecting the rights as overseas Filipino workers[; and 
4 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
(d) It is taking positive, concrete measures to protect the rights of migrant workers.] 
“IN THE ABSENCE OF A CLEAR SHOWING THAT ANY OF THE 
GUARANTEES ENUMERATED UNDER THIS ACT EXIST IN THE 
COUNTRY OF DESTINATION OF THE MIGRANT WORKERS, OR IF THE 
DEPARTMENT OF FOREIGN AFFAIRS AND THE DEPARTMENT OF 
LABOR AND EMPLOYMENT FAILED TO REPORT TO CONGRESS THE 
INFORMATION REQUIRED UNDER SECTION 33 OF THIS ACT, IT 
SHALL BE UNLAWFUL FOR ANY OFFICIAL OR EMPLOYEE OF THE 
DEPARTMENT OF LABOR AND EMPLOYMENT TO ISSUE THE 
NECESSARY 
PERMIT 
FOR THE DEPLOYMENT 
OF MIGRANT 
WOFU~RS.” 
THE OFFICIAL OR EMPLOYEE OF THE GOVERNMENT WHO 
WILFULLY AND GROSSLY VIOLATES THE PROVISION OF THE 
IMMEDIATELY PRECEDING PARAGRAPH SHALL BY SUBSTANTIAL 
EVIDENCE 
IN 
A 
PROPER 
ADMINISTRATIVEPROCEEDING, 
BE 
REMOVED OR DISMISSED FROM SERVICE WITH DISQUALIFICATION 
TO HOLD ANY APPROPRIATE FORFIVE(5) YEARS”EEAFURTHER, THE 
STATE SHALL ALLOW THE DEPLOYMENT OF OVERSEAS FILIPINO 
WORKERS WHO ARE INTERNATIONAL 
SEAFARERS ONLY TO 
INTERNATIONAL SEA-GOING VESSELS WHICH ARE COMPLYING 
WITH INTERNATIONAL LAWS AND STANDARDS. 
“SEC. 5. Termination or Ban in Deployment- Notwithstanding the provisions 
of Section 4 hereof, the government, in pursuit of the national interest or when public 
welfare so requires, may, at any time, terminate or impose a ban on the deployment of 
migrant workers. 
Section 6. Section 6 of RA No. 8042 is hereby amended to read as follows. 
“SEC. 6. Definition. - For purposes of this Act, illegal recruitment shall 
mean: 
5 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
(1) any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, 
Or 
procuring workers and includes referring, contract services, promising or advertising 
for employment abroad, OR ON BOARD INTERNATIONAL SEA-GOING 
VESSEL/S whether for profit or not, when under-talcen by a non license or holder of 
authority contemplated under article 13 (9 of Presidential Decree No. 442, as 
amended, otherwise known as the Labor Code of the Philippines: Provided, That any 
such non-licensee or non-holder who, in any manner, offers or promises for a fee 
abroad OR ON BOARD INTERNATIONAL SEA-GOING VESSEL/S to two or 
more persons shall be deemed so engaged. 
(2) It shall likewise include any of the following acts, whether committed by 
any person, whether a non-licensee, non-holder, licensee or holder of 
authority: 
(a) To charge or accept directly or indirectly any amount greater than that specified in 
the schedule of allowable fees prescribed by the Secretary of the Labor and 
Employment, or to make a worker pay any amount greater than that actually received 
by him as a loan or advance; OR TO MAKE THE WORKER ISSUE 
POSTDATED CHECKS IN RELATION TO THE RECRUITMENT, 
(b) To furnish or publish any false notice or information or document in relation to 
recruitment or employment; 
(c) To give any false notice testimony, information, document, or commit any act o f  
misrepresentation for the purpose of securing a license or authority under the Labor 
Code; 
(d) To induce or attempt to induce a worker already employed to quit his employment 
in order to offer him another unless the transfer is designed to liberate a worker from 
oppressive terms and conditions of employment; 
(e) To influence or attempt to influence any person or entity not to employ any worker 
who has not applied for employment to his agency [;I, OR WHO FORMS, JOINS, 
6 


1 
2 
UNION OR WORKERS’ ORGANIZATION; 
OR SUPPORTS, OR HAS CONTACTED OR IS SUPPORTED BY ANY 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
(0 
To engage in the recruitment or placement of workers in jobs harmful to public 
health or morality or to the dignity of the Republic of the Philippines; 
(g) To obstruct or attempt to obstruct inspection by the Secretary of Labor and 
Employment or by his duly authorized representative; 
(h) To fail to submit reports on the status of employment, placement vacancies, 
remittance of foreign exchange earnings, separation from the jobs, departures and 
such other matters or information as may be required by the Secretary of Labor and 
Employment; 
(i) To substitute or alter to the prejudice of the worker, employment contracts 
approved and verified by the Department of Labor and Employment from the time of 
actual signing thereof by the parties up to and including the period of the expiration of 
the same without the approval of the Department of Labor and Employment: 
(i) For an officer or agent of a recruitment or placement agency to become an officer 
or member of the Board of any corporation engaged in travel agency or to be engaged 
directly or indirectly in the management of a travel agency; 
(k) To withhold or deny travel documents from applicant workers before departure for 
monetary or financial considerations, OR FOR ANY OTHER REASON other than 
those authorized under the Labor Code and its implementing rules and regulations; 
(1) Failure to actually deploy without valid reasons [as determined by the Department 
of Labor and Employment]; and 
(m) Failure to reimburse expenses incurred by the worker in connection with his 
documentation and processing for purposes of deployment, in cases where the 
deployment does not actually take place without the worker’s fault. 
7 


9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
(N) TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN 
CAN BE FILED SIMULTANEOUSLY WITH Illegal recruitment when committed 
by a syndicate or in a large scale shall be considered an offense involving economic 
sabotage. 
Illegal recruitment is deemed committed by a syndicate if carried out by a group of 
three (3) or more persons conspiring or confederating with one another. It is deemed 
committed in large scale if committed against three (3) or more persons individually 
or as a group. 
The persons criminally liable for the above offenses are the principals, accomplices 
and accessories. In the case of juridical persons, the officers having control, 
management or direction of their business shall be liable. 
Section 7. Section 7 of R. A. No. 8042 is hereby amended to read as follows: 
“Section. 7. Penalties. - (a) Any person WITH A LICENSE OR 
AUTHORITY found guilty of illegal recruitment shall suffer the penalty of 
imprisonment of not less than six (6) years and one (1) day but not more than twelve 
(12) years and a fine of not less than Two hundred thousand pesos (P200,OOO.OO) nor 
more than Five hundred thousand pesos (P500,OOO.OO). CONVICTION SHALL 
CAUSE AND CARRY THE AUTHOMATIC REVOCATION OF THE 
LICENSE OR AUTHORITY AND ALL PERMITS AND PRIVILEGES 
GRANTED TO SUCH PERSON OR ENTITY (b) ANY PERSON WITHOUT 
LICENSE 
OR 
AUTHORITY 
FOUND 
GUILTY 
OF 
ILLEGAL 
RECRUITMENT SHALL SUFFERTHE PENALTY OF IMPRISONMENT 
FOR NOT LESS THAN TWELVE (12) YEARS AND A FINE OF NOT LESS 
THAN FIVE HUNDRED THOUSAND PESOS (5000,000.00) NOR MORE 
THAN FIVE MILLION PESOS (5,000.000.00) 
[b] (c) The penalty of life 
imprisonment and a fine of not less than Five hundred thousand pesos (500,000.00) 
nor more than One million pesos (Pl, 000,000.00) shall be imposed if illegal 
recruitment constitutes an economic sabotage as defined herein. 
8 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
2s 
29 
30 
31 
Provided, However, That the maximum penalty shall be imposed if the person 
illegally recruited is less than eighteen (18) years of age or committed FOR 
TRAFFICKING OF PERSONS OR [by a non-licensee or non-holder of authority]. 
(d) IF THE OFFENDER IS A JURIDICAL ENTITY, THE PENALTY SHALL 
BE IMPOSED UPON THE PRESIDENT, GENERAL MANAGER AND ANY 
RESPONSIBLE OFFICER THGRF,OF. IF THE OFFENDER IS AN ALIEN, 
HE SHALL, IN ADDITION TO THE PENALTIES HEREIN PRESCRIBED, 
BE DEPORTED WITHOUT FURTHER PROCEEDINGS.” 
SEC. 8. Prohibition on Officials and Employees. - It shall be unlawful for 
any offi&al or employee of the Department of Labor and Employment, the Philippine 
Overseas Employment Administration (POEA), or the Overseas Workers Welfare 
Administration (OWWA), or the Department of Foreign Affairs, or other government 
agencies involved in the implementation of this Act, or their relatives within the 
fourth civil degree of consanguinity or affinity, to engage, directly or indirectly, in the 
business of recruiting migrant workers as defined in this Act. The penalties provided 
in the immediate preceding paragraph shall be imposed upon them. 
SEC. 9. Venae. - A criminal action arising from illegal recruitment as defined 
herein shall be filed with the Regional Trial Court of the province or the city where 
the offense was committed or where the offended party actually resides at the time o f  
the commission of the offense: Provided that the court where the criminal action is 
first filed shall acquire jurisdiction to the exclusion of other courts: Provided, 
however, that the aforestated provisions shall apply to those criminal actions that have 
already been filed in the court at the time of the effectivity of this Act. 
Section 10. Section 10 of RA No. 8402 is hereby amended to read as follows: 
SEC. 10. Money claims. Notwithstanding any provision of law to the 
contrary, the Labor Arbiters of the National Labor Relations Commission (NLRC) 
shall have the original and exclusive jurisdiction to hear and decide, within ONE 
HUNDRED AND TWENTY (120) [ninety (90)] calendar days after the filing of the 
complaint, the claim arising out of the employer-employee relationship or by virtue of 
any law or contract involving Filipino workers for overseas deployment, WHETHER 
9 


4 
5 
6 
7 
S 
9 
10 
11 
12 
13 
14 
15 
16 
17 
1s 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
RECRUITED BEPLOYED BY LICENSEDRJNLICENSED AGENCIES OR 
INDIVIDUAL S OR BY THE POEA including claims for actual, moral, and 
exemplary and other forms of damages. 
The liability of the principal/employer and the recruitment/placement agency for any 
and all claims under this Section shall be joint and several. This provision shall be 
incorporated in the contract for overseas employment and shall he a condition 
precedent for its approval. The performance bond to be filed by the 
recruitmentiplacement agency as provided by law, shall be answerable to all money 
claims or damages that may be awarded to the workers. If the recruitment/placement 
agency is a juridical being, the corporate officers and directors and partners as the 
case may he, shall themselves he jointly and solidarily liable with the corporation or 
partnership for the aforesaid claims and damages. ANY AGENCY WHO 
ASSUMES THIS LIABILITY SHALL LIKEWISE BE JOINT AND 
SOLIDARILY LIABLE TO THE SAID CLAIMS OF THE OFW. 
Such liabilities shall continue during the entire period or duration of the employment 
contract and shall not be affected by any substitution, amendment or modification 
made locally or in foreign country of the said contract. 
Any compromise/amicable settlement or voluntary agreement on money claims 
inclusive of damages under this Section shall be paid within [four (411 ONE (I) 
month[s] from the approval of the settlement by the appropriate authority. 
A new Section 10-A of'Repuhlic Act 8042 is hereby added to read as follows: 
SEC. 10-A COMPULSORY LIABILITY INSURANCE FOR EVERY 
WORKER-IN ADDITION TO THE PERFORMANCE BONDTO BE FILED 
BY THE PLACEMENTRECRUITMENT AGENCY UNDER SECTION 10, 
EACH 
WORKER 
DEPLOYEDA'ROCESSED 
BY 
A 
LICENSED 
RECRUITMENTPLACEMENT AGENCY AND THE POEA SHALL BE 
COVERED BY A COMPULSORY EMPLOYMENT LIABILITY INSURANCE 
WHICH SHALL BE ANSWERABLE FOR MONEY CLAIMS OR DAMAGES 
THAT MAYBE AWARDED OR GIVEN TO THE WORKER IN A 
JUDGMENT OR SETTLEMENT OF HISMER CASE. SUCH INSURANCE 
COVERAGE SHALL BE SECURED AT NO COST OF THE WORKERS. 
10 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
THE INSURANCE COVERAGE PER WORKER SHALL BE 
EQUIVALENT TO THREE (3) MONTHS OF THE WORKERS SALARY FOR 
EVERY 
YEAR 
OF 
CONTRACT. 
ONLY 
REPUTABLE 
PRIVATE 
INSURANCE 
COMPANIES REGISTERED WITH THE INSURANCE 
COMMISSION (IC) DULY INDORSED BY A RECOGNIZED ASSOCIATION 
OF RECRUITMENTRLACEMENT AGENCIES AND IN EXISTENCE FOR 
AT LEAST FIVE(5) YEARS PRIOR TO THE PROMULGATION OF THIS 
ACT.SHALL BE QUALIFIED TO PROVIDE FOR THE INSURANCE 
COVERAGE. 
THE SUBMISSION OF CERTIFICATE OF INSURANCE SHALL 
BE REQUIRED BY THE POEA FOR THE PROCESSING OF THE 
CONTRACTS OF THE WORKERS, INCLUDING RE-HIRES AND DIRECT 
HIRES WHO ARE ALLOWED BY LAWS.” 
In case of termination of overseas employment without just, valid or authorized cause 
as defined by law or contract, the workers shall be entitled to the full reimbursement 
of his placement fee with interest of twelve percent (12%) per annum, COMPUTED 
FROM THE DATE THE CONTRACT WAS ILLEGALLY TERMINATED, 
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. 
Noncompliance with the mandatory periods for resolution of cases provided in this 
section shall subject the responsible officials to any or all of the following penalties: 
(a) The salary of any such official who fails to render his decision or resolution within 
the prescribed period shall be, or caused to be, withheld until the said official 
complies therewith, 
(b) Suspension for not more than ninety (90) days; or 
(c) Dismissal from the service with disqualification to hold any appointive public 
office for five (5) years. 
11 


4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
(d) Provided, however, That the penalties herein provided shall be without prejudice 
to any liability which any such official may have incurred under other existing laws or 
rules and regulations as a consequence of violating the provisions of this paragraph. 
Section 11. Section 11 is hereby amended as follows: 
“SEC. 11. Mandatory Periods for Resolution of Illegal Recruitment Cases. - 
The preliminary investigations of cases under this Act shall be terminated within a 
period of thirty (30) calendar days from the date of their filing. Where the preliminary 
investigation is conducted by a prosecution officer and a prima facie case is 
established, the corresponding information shall be filed in court within twenty-four 
(24) hours from the termination of the investigation. If the preliminary investigation is 
conducted by a judge and a prima facie case is found to exist, the corresponding 
information shall be filed with the proper prosecution officer within forty-eight (48) 
hours from the date of the receipt of the records of the case. 
FOR THIS PURPOSE, THE PROSECUTION OFFICER SHALL MEAN 
THE 
PROSECUTION 
ATTORNEYS 
OF 
THE 
ANTI-ILLEGAL 
RECRUITMENT BRANCH OF THE POEA WHO SHALL HAVE THE SAME 
RANK, SALARY AND PRIVILEGES AS THAT OF THE PROSECUTION 
OFFICERS OF THE DEPARTMENT OF JUSTICE. 
Section 12. Section 12 of R. A. 8042 is hereby amended as follows: 
“SECTION 12. Prescriptive Periods. - Illegal recruitment cases under this 
Act shall prescribe in five (5) years: Provided, however, That illegal recruitment cases 
involving economic sabotage as defined herein, 
INVOLVING 
UNDER-AGE 
OFWs AND ILLEGAL RECRUITMENT THROUGH TRAFFICKING OF 
PERSONS 
shall prescribe in twenty (20) years. 
Section 13. Section 13 of R. A. 8042 is hereby amended to read as follows: 
SEC 13. Free legal assistance; Preferential Entitlement Under the Witness 
Protection Program. -A mechanism for free legal assistance for victims of illegal 
12 


10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
recruitment shall be established IN THE ANTI-ILLEGAL BRANCH OF THE 
PHILIPPLINE OVERSEAS EMPLOYMENT ADMTNISTRATION (POEA) 
[within the Department of Labor and Employment] including its regional offices. 
Such mechanism SHALL [must] include coordination and cooperation with the 
Department of Justice, the Integrated Bar of the Philippines, and other non- 
governmental organizations and volunteer groups. 
The provisions of republic Act 698.1 to the contrary not withstanding any person who 
is a victim of illegal recruitment shall be entitled to the Witness Protection Program 
provided there under. 
SEC. 14. Travel Advisoyflnformation Dissemination. - To give utmost 
priority to the establishments of programs and services to prevent illegal recruitment, 
fraud and exploitation or abuse of Filipino migrant worlters, all embassies and 
consular offices, through the Philippine Overseas Employment Administration 
(POEA), shall issue travel advisories or disseminate information on labor and 
employment conditions, migration realities and other facts; and adherence of 
particular countries to international standards on human workers’ rights which will 
adequately prepare individuals into making informed and intelligent decisions about 
overseas employment. Such advisory or information shall be published in a 
newspaper of general circulation at least three (3) times in every quarter. 
Section 15. Section 15 of RA No. 8042 is hereby amended as follows: 
“Section. 15. Repatriation of Workers; Emergency Repatriation Fund. - 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 borne by or charged to the agency 
concerned and/or its principal. Likewise, the repatriation of remains and transport of 
personal belongings of a deceased worker and all costs attendant thereto shall be 
borne by the principal and/or the local agency; FURTHER, IN CASE 
REPATRIATION IS DELAYED DUE TO NO FAULT OF THE MIGRANT 
WORKER, THE PRINCIPAL AND/OR LOCAL AGENCY SHALL PAY FOR 
THE BASIC NEEDS SUCH AS FOOD AND SHELTER OF THE WORKER 
13 


4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
WHILE ABROAD; However, in cases where the termination of employment is due 
solely to the fault of the worker, the principal/employer or agency shall not in any 
manner be responsible for the repatriation of the former and/or his belongings. 
The Overseas Workers Welfare Administration (OWWA), in cooperation with 
appropriate international agencies, shall undertake the repatriation of the workers in 
cases of war, epidemic, disasters or calamities, natural or manmade, and other similar 
events without prejudice to reimbursement by the responsible principal or agency. 
However, in the cases where the principal or recruitment agency cannot be identified, 
all costs attendant to repatriation shall be borne by the [OWWA] EMERGENCY 
REPATRIATION FUND. 
For this purpose, there is hereby created and established an emergency repatriation 
fund under the administration, control and supervision of OWWA, initially to consist 
of One Hundred Million Pesos IN ADDITION TO THE OBLIGATION TO 
REPATRIATE ITS WORKERS, THE RECRUITMENT AGENCY SHALL 
CONTRIBUTE AN AMOUNT TO BE DETERMINE D BY OWWA OF NOT 
LESS THAN FIFTY DOLLARS (US$5O) BUT NOT MORE THAN ONE 
HUNDRED (US$lOO) FOR EVERY WORKER RECRUITED OR DEPLOYED 
OVERSEAS TO OWWAS EMERGENCY REPATRIATION FUND.” P100, 
OOO,OOO.OO), which shall be talcen from the existing fund controlled and administered 
by the OWWA. Thereafter, such fund shall be provided for in the General 
Appropriations Act Erom year to year; Provided, that the amount provided shall in no 
case be less than One FIundred Million Pesos (P100, 000,000.00), inclusive of 
outstanding balances. 
SEC. 16. Mandatoiy Repatriation of Underage Migrant Workers, - Upon 
discovery or being informed of the presence of migrant worker whose actual age fall 
below the minimum age requirement for overseas deployment, the responsible 
officers in the foreign service shall without delay repatriate said workers and advice 
the Department of Foreign Affairs through the fastest means of communication 
available of such discovery and other relevant information. 
14 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
“THE LICENSE OF RECRUITMENT OR PLACEMENT AGENCY 
WHICH RECRUITED OT DEPLOYED AN UNDERAGE MIGRANT 
WORKER SHALL BE AUTOMATICALLY REVOKED. 
“ALL FEES RELEVANT TO THE PROCESSING OF PAPERS OR 
DOCUMENTS RELEVANT TO THE RECRUITMENT OR DEPLOYMENT 
SHALL BE REFUNDED IN FULL, WITHOUT NEED OF NOTICE, TO THE 
UNDERAGE MIGRANT WORKER OR TO HIS PARENTS AND GUARDIAN, 
THE REFUND SHALL BE INDEPENDENT AND IN ADDITION TO THE 
INDEMNIFICATION AND DAMAGES SUSTAINED BY THE UNDERAGE 
MIGRANT WORKER, THE REFUND SHALL BE PAID WITHIN THIRTY 
(30) DAYS FROM THE DATE OF THE MANDATORY REPATRIATION AS 
PROVIDED IN THIS ACT.” 
Section 17. Section 17 of RANo. 8402 is hereby amended to read as follows: 
“Section 17. Establishment of Re-placement and Monitoring Center- A re- 
placement and monitoring center is hereby created in the Department of Labor and 
Employment for returning Filipino migrant workers which shall provide a mechanism 
for their reintegration into the Philippine society, serve as a promotion house for their 
local employment, and tap their skills and potentials for national development. 
The Department of Labor, the Overseas Workers Welfare Administration, and the 
Philippine Overseas Employment Administration shall, within ninety (90) days from 
the affectivity of this Act, fomniate a program, AFTER CONSULTATION WITH 
THE CONCERNED SECTORS, that wouId motivate migrant workers to plan for 
productive options such as entry into highly technical jobs or undertakings, livelihood 
and entrepreneurial development, better wage employment, and investment of 
savings. 
For this purpose, the Technical Education and Slcills Development Authority 
(TESDA), the Technology Livelihood Resource Center (TLRC), and other 
government agencies involved in’ training and livelihood development shall give 
priority to returnees who had been employed as domestic helpers and entertainers. 
15 


1 
2 
3 
4 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
SEC.18 Functions of the Re-placement and Monitoring Center - The 
Center shall provide the following services: 
(a) Development livelihood programs and projects for returning Filipino migrant 
workers in coordination with the private sector; 
(b) Coordinate with appropriate private and government agencies in the 
promotion, development, re-placement and the full utilization of their 
potentials; 
, 
(c) Institute, in cooperation with other government agencies concerned, a 
computer -based information system on skilled Filipino migrant workers, 
which shall be accessible to all local recruitment agencies and employers, both 
public and private; 
(d) Provide a periodic study and assessment of job opportunities for returning 
Filipino migrant workers; and 
(e) Develop and implement other appropriate program to promote the welfare of 
returning Filipino migrant worliers. 
SEC. 19. Establishment of a Migrant Workers and Other Overseas 
Filipinos Resource Center- Within the premises and under the administrative 
jurisdiction of the Philippine Embassy in countries where there are large 
concentrations of Filipino migrant workers, there shall be established a Migrant 
Workers and Other Overseas Filipinos Resource Center with the following 
services: 
(a) Counseling and legal services: 
(b) Welfare assistance including the procurement of medical and 
hospitalization services; 
(c) Information, advisory and programs to promote social integration such as 
post-arrival orientation, settlement and community networking services 
and activities for soda interaction. 
16 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
(d) Institute a scheme of registration of undocumented workers to bring them 
within the purview of this Act. For this purpose, the Center is enjoined to 
compel existing undocumented workers to register with it within six (6) 
months from the affectivity of this Act, under pain of having hisher 
passport cancelled; 
(e) Human resource development, such as training and skills upgrading; 
(Q Gender sensitive programs and activities to assist particular needs of 
women migrant workers; 
(g) Orientation program for returning workers and other migrants; and 
(h) Monitoring of daily situations, circumstances and activities affecting 
migrant workers and other overseas Filipino. 
The establishment and operations of the Center shall be a joint undertaking of the 
various government agencies. The Center shall be open for twenty-four (24) hours 
daily including Saturdays, Sundays, and holidays, and shall be staffed by Foreign 
Service personnel, service attaches or officers who represent other Philippine 
government agencies abroad and, if available, individual volunteers and bona fide 
non-government organizations From the host countries. In countries categorized as 
highly problematic by the Department of Foreign Affairs and the Department of 
Labor and Employment and ,where there is a concentration of Filipino migrant 
workers, the government must provide a lawyer and a social worker for the 
Center. The Labor Attach6 shall coordinate the operation o f  the Center and shall 
keep the Chief o f  Mission informed and updated on all matters affecting it. 
The center shall have a counterpart 24-hour information and assistance center at 
the Department of Foreign Affairs to ensure a continuous network and 
coordinative mechanism at the home office. 
Section 20. Section 20 of RA No. 8042 is hereby amended to read as follows: 
“Section 20. Estublishrnent of a shared Government Information Sysfem 
for Migration. - An interagency committee CO-CHAIRED BY THE 
DEPARTMENT QF LABOR AND EMPLOYMENT AND THE [and 
composed of the] Department of Foreign Affairs, FOR LOCAL AND 
17 


10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
OVERSEAS OPERATIONS, RESPECTIVELY, and THEIR [its] attached 
AGENCIES [agency, the Commission on Filipino Overseas, the Department of 
Labor and Employment, the Philippine Overseas Employment administration, the 
Overseas Workers Welfare Administration], the Department of Tourism, the 
Department of Justice, the ,Bureau of Immigration, the National Bureau of 
Investigation, THE NATIONAL COMPUTER CENTER and the National 
Statistics Office shall be established to implement a shared government 
information system for migration. The inter-agency committee shall initially 
make available to itself the information contained in existing data baselfiles. 
The second phase shall involve linking of computer facilities in order to allow 
free-flow of data exchanged and sharing among concerned agencies. The inter- 
agency committee shall convene to identify existing databases, which shall be 
classified and shared among member agencies. These shared databases shall 
initially include, but not be limited to, the following information: 
(a) Master list of Filipino migrant/overseas Filipino classified according to 
occupatiodjob category, civil status, by countryhtate of destination including visa 
classification, 
(b) Inventory of pending legal cases involving Filipino migrant workers and other 
Filipino nationals, including those serving prison terms; 
(c) Master lists of departingiarriving Filipinos; 
(d) Statistical profile on migrant Filipino workersioverseas Filipinositourists; 
(e) Blacklisted foreignersiundesirable aliens; 
(f) Basic data on legal systems, immigration policies, marriage laws and civil and 
criminal codes in receiving countries particularly those with the large number 
of Filipinos; 
(8) List of labor and other human rights instruments where receiving countries are 
signatories; 
(h) A tracking system of past and present gender disaggregated cases involving 
male and female migrant workers; and 
(i) Listing of overseas posts, which may render assistance to overseas Filipinos, 
in general, and migrant workers, in particular. 
18 


1 
Section 21. Section 21 of RA No. 8042 is hereby deleted 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
[Sec. 21. Migrant Workers Loan Guarantee Fund. - in order to further prevent 
unscrupulous illegal recruiters from taking advantage of the workers seeking 
employment abroad, the OWWA in cooperation with government financial 
institutions, shall institute financial schemes that will expand the grant of pro- 
departure and family assistance loan. For this purpose, a Migrant Workers Loan 
Guarantee Fund is hereby created and the revolving amount of One hundred 
million pesos (P100, 000,000.00) from the OWWA is set aside as a guarantee 
fund in favor of participating government financial institutions.] 
SEC. 
21 [ 221. Rights and Enforcement Mechanism Under the 
Internntionnl and Regional Human Righfs System. - The Department of Foreign 
Affairs is mandated to undertake the necessary initiative such as promotions, 
acceptance or adherence of countries receiving Filipino workers to multilateral 
convention, declaration or resolutions pertaining to the protection of migrant 
workers. The Department of Foreign Affairs is also mandated to make an 
assessment of rights and avenues of redress under international and regional 
human rights systems that are available to Filipino migrant workers who are 
victims of abuse and violation and, as far as practicable and through the Legal 
Assistant of Migrant Worlcers Affairs created under this Act, pursue the same on 
behalf of the victim if it is legally impossible to file individual complaints. If a 
complaints machinery is available under international and regional systems, the 
Department of Foreign Affairs shall fully apprise the Filipino migrant workers of 
the existence and effectiveness of such legal options. 
Section 22. Section 23 of RA No.8042 is hereby amended to read as follows: 
SEC. 22 [23]. Role of 
Government Agencies. - The following 
government agencies shall perform the following to promote the welfare and 
protect the rights of migrant workers and, as far as applicable, all overseas 
Filipinos: 
19 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
I 8  
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
(a) Department of Foreign Affairs - The Department, through its home office 
or foreign posts, shall take p&ority action or make representation with the foreign 
authority concerned to protect the rights of migrant workers and other overseas 
Filipinos and extend immediate assistance, including the repatriation of distressed 
or beleaguered migrant workers and overseas Filipino: 
(b) Department of Labor and Employment - The Department of Labor and 
Employment shall see to it that labor and social welfare in other countries are 
fairly applied to migrant workers and whenever applicable, to other overseas 
Filipinos including the grant of legal assistance and the referral to proper medical 
centers or hospitals [:I. FOR THE EFFICIENT MANAGEMENT OF 
OVERSEAS EMPLOYMENT, THE SECRETARY OF LABOR AND 
EMPLOYMENT SHALL MAKE AN ASSESSMENT OF THE SCOPE OF 
ANY 
SPECIFIC 
DEREGULATION NEEDED 
FOR 
ECONOMIC 
DEVELOPMENT, TAKING INTO PRIMARY CONSIDERATION THE 
WELFARE OF OUR MIGRANT WORKERS, IMMEDIATELY AFTER 
THE EFFECTIVITY OF THIS ACT AND EVERY THREE YEARS 
THEREAFTER, EACH TIME UPON CONSULTATION WITH THE 
CONCERNED SECTORS. 
(b. 1) Philippine Overseas Employment Administration - [Subject to deregulation 
and phase-out as provided under sections 29 and 30 herein, 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 the 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,] POEA SHALL BE RESPONSIBLE FOR 
THE MANAGEMENT OF OVERSEAS EMPLOYMENT AT THE PRE- 
EMPLOYMENT STAGE, SECURING THE BEST POSSIBLE TERMS 
AND CONDITIONS FOR OVERSEAS EMPLOYMENT, CONSIDERING 
THE 
NEED 
OF 
THE 
VULNERABLE 
SECTORS 
AND 
THE 
PECULARITIES OF OVERSEAS FILIPINO WORKERS WHO ARE SEA 
BASED AND LAND BASED. POEA SHALL ALSO BE RESPONSIBLE 
FOR 
THE 
INTENSIFIED 
PROGRAM 
AGAINST 
ILLEGAL 
20 


9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
RECRUITMENT ACTIVITIES. FOR THIS PURPOSE, AN ANTI- 
ILLEGAL RECRUITMENT PROGRAM UNDER THE ANTI- ILLEGAL 
RECRUITMENT 
BRANCH 
OF 
POEA 
IS 
HEREBY 
INSTITUTIONALIZED, AND FUNDED BY 10% OF THE ANNUAL 
INCOME OF POEA. 
POEA 
SHALL 
FURTHER 
PROVIDE 
COMPREHENSIVE 
PRE- 
EMPLOYMENT SEMINARS THAT SHALL COVER SUCH MATTERS 
AS GENDER SENSITIVITY; 
(b. 2) Overseas Workers Welfare Administration - [The Welfare officer or in his 
absence, the coordinating officer shall provide the Filipino migrant worker and his 
family all the assistance tlky may need in the enforcement of contractual 
obligations by agencies or entities and/or by their principals. In the performance 
of this function, he shall make representation and may call on the agencies or 
entities concerned to the conferences or conciliation meetings for the purpose of 
settling the complaints or problems brought to his attention.] 
OWWA SHALL 
FORMULATE AND IMPLEMENT WELFARE PROGRAMS FOR 
OVERSEAS FILIPINO WOlkERS AND THEIR FAMILIES WHILE THE 
OFWS ARE ABROAD AND UPON THEIR RETURN. IT SHALL 
LIKEWISE ENSURE THE AWARENESS BY THE OFWS AND THEIR 
FAMILIES 
OF THESE 
PROGRAMS 
AND 
OTHER 
RELATED 
GOVERNMENTAL PROGRAMS. 
Section 23. Section 24 is hereby amended to read as follows: 
“Section 23 [24]. Legal Assistant for Migrant Workers Affairs. - There is 
hereby created the position of Legal Assistant for Migrant Worlcers Affairs under 
the Department of Foreign Affaires who shall be primarily responsible for the 
provision and overall coordination of all legal assistance services to be provided 
to the Filipino migrant workers as well as overseas Filipinos in distress 
ABROAD. He shall have the rank, salary, privileges equal to that of an 
Undersecretary of said Department. 
21 


5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
2s 
29 
The said Legal Assistant for Migrant Workers Affairs, shall be appointed by the 
President and must be of proven competence in the field of law with at least ten 
(1 0) years of experience as a legal practitioner and must not have been candidate 
to an elective office in the last local or national elections. 
Among the functions and responsibilities of the aforesaid Legal Assistant are: 
(a) To issue the guidelines, procedures and criteria for the provision of legal 
assistance services to Filipino migrant workers; 
(b) To establish close linkages with the Department of Labor and Employment, 
the POEA, the OWWA and other government agencies concerned, as well as with 
non-governmental organizations assisting migrant workers, lo ensure effective 
coordination and cooperation in the provision of legal assistance to migrant 
workers; 
(c) To tap the assistance of reputable law firms, [and] the Integrated Bar of the 
Philippines, [and] other bar associations, AND OTHER GOVERNMENT 
LEGAL EXPERTS ON OPW LAWS, to complement the government’s efforts 
to provide legal assistance to our migrant workers, 
(d) To administer the legal assistance fnnd for migrant workers established under 
Section 25 hereof and to authorize disbursements there from in accordance with 
the purposes for which the fund was set up; and 
(e) To keep and maintain the information system as provided in Section 20. 
The Legal Assistant for Migrant Workers Affairs shall have authority to hire 
private lawyers, domestic or foreign, in order to assist him in the effective 
discharge of the above functions. 
SEC. 24 [25]. Legal Assistance Fund. - There is hereby established a 
legal assistance fund for migrant workers, herein after referred to as the Legal 
Assistance Fund, in the amount of One hundred million pesos (PIOO, 000,000) to 
be constituted from the following sources: Fifty million pesos ( E O ,  000,000) 
from the Contingency Fund of the President; Thirty million pesos (P30, 000,000) 
from the Presidential Social Fund; and Twenty million pesos (20, 000,000) from 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
the Welfare Fund for Overseas Worlters established under letter of Instruction No. 
537, as amended by Presidential Decree Nos. 1694 and 1809. 
Any balances of existing fund which have been set aside by the government 
specifically as legal assistance or defense fund to help migrant workers shall, upon 
effectivity of this Act, be turned to, and form part of, the Fund created under this 
Act. 
“Section 25 [26]. Uses of the Legal Assistance Fund. - The Legal 
Assistance Fund created under the preceding Section shall be used exclusively to 
provide legal services to migrant workers and overseas Filipino in distress in 
accordance with the guidelines, criteria and procedures promulgated in accordance 
with Section 24 (a) hereof. The expenditures to be charged against the Fund shall 
include the fees for the foreign lawyers to be hired by the Legal Assistant for 
Migrant Workers Affairs to represent migrant workers facing any legal charges 
and other litigation expenses. . 
SEC. 26 [27]. Priority Concerns of Philippine Foreign Service Posts. - 
The country-team approach, as enunciated under Executive Order no. 74, series of 
1993, shall be the mode under the Philippines embassies or their personnel will 
operate in the protection of the Filipino Migrant Workers as well as in the 
promotion of their welfare. The protection of Filipino migrant workers and the 
promotion of their welfare, in particular, and the protection of the dignity and 
fundamental rights and freedoms of the Filipino citizen abroad, in general, shall he 
the highest priority concerns of the Secretary of Foreign Affairs and the Philippine 
Foreign Service Posts. 
SEC. 27 [28]. Country-Team Approach. - Under the country-team 
approach, all officers, representatives and personnel the Philippine government 
posted abroad regardless of their mother agencies shall, on a per country basis, act 
as on country-team with a mission under the leadership of the Ambassador. In this 
regard, the Ambassador may recommend to the Secretary of Foreign Affairs the 
recall officers, representatives and personnel of the Philippine government posted 
abroad for acts inimical to the national interest such as, but not limited to, failure 
to provide the necessary services to protect the rights of overseas Filipinos. Upon 
receipt of the recommendation of the Ambassador, the Secretary of Foreign 
Affairs shall, in the case of officers, representatives and personnel of other 
23 


5 
6 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
departments endorse such recommendation to the Department Secretary 
concerned for the appropriate action. Pending investigation by an appropriate 
body in the Philippines, the person recommended for recall may be placed under 
preventive suspension by the Ambassador. 
In host countries where there are Philippine consulates, such consulates will also 
constitute part ofthe country-team under the leadership of the ambassador. 
In the implementation of the country-teani approach, visiting Philippine 
delegations shall be provided full support and information. 
Section 28. Sections 29 and 30 of RA # 8402 are repealed by R. A. 9422 
Sec. 28. The following provisions are proposed to be renumbered by in view of 
the repealed. 
SEC. 29 [31. Incentives to Professionals and Other Highly Skilled 
Filipinos Abroad. - Pursuant to the objective of encouraging professionals and 
highly-skilled Filipinos abroad especially in the field of science and technology to 
participate in, and contribute to national development, the government shall 
provide proper and adequate incentives and programs so as to secure their services 
in priority development areas of the public and private sectors.] 
IX. MISCELLANEOUS PROVISIONS 
SEC. 30 [32]. POEA and OWWA Board; Additional Memberships. - 
Notwithstanding any provision of law to the contrary, the respective Boards of the 
POEA and the OWWA shall, in addition to their present composition, have three 
(3) members each who shall come from the women, sea-based and land-based 
sectors respectively, to be appointed by the President in the same manner as the 
other members. 
SEC 31 [33]. Report to Congress. - In order to inform the Philippine 
Congress on the implementation of the policy enunciated in Section 4 hereof, the 
Department of Foreign Affairs and 
the Department of Labor and Employment 
shall submit to the said body a semi-annual report of Philippine foreign posts 
24 


9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
located in the countries hosting Filipino migrant workers. The report shall include, 
but shall not be limited to, the following information. 
(a) Masterlist of Filipino migrant workers, and inventoly of pending legal 
cases involving them and other Filipino nationals including those serving prison 
terms; 
(b) Working conditions of Filipino migrant workers; 
(c) Problems encountered by the migrant workers, specifically violations of 
their rights; 
(d) Initiativesiactions taken by the Philippine foreign posts to address the 
problems of Filipino migrant workers; 
(e) Changes in the laws and policies of host countries; and 
(9 Status of negotiations on bilateral labor agreements between the Philippines 
and the host country. 
Any officer of the government who fails to report as stated in the preceding 
section shall be subject to administrative penalty. 
SEC. 32 [34]. Representation in Congress. - Pursuant to Section 3 (2), 
Article VI of the Constitution and in line with the objective of empowering 
overseas Filipinos to participate in the policy-making process to address Filipino 
migrant concerns two (2) sectoral representatives for migrant workers in the 
House of Representatives shall be appointed by the President for the ranks of 
migrant workers: Provided, That at least one (1) of the two (2) sectoral 
representatives shall come from the women migrant workers sector: Provided, 
further, That all nominees must have at least two (2) years experience as a migrant 
worker. 
SEC. 33 [35]. Exemption from Travel Tux and airport Fee. All laws to 
the contrary notwithstanding, the migrant worker shall be exempt from the 
payment of travel tax and airport fee upon proper showing of proof of entitlement 
by the POEA. 
25 


5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
SEC. 34 [36]. Non-increase of Fees; Abolition of Repatriation Bond. - 
Upon approval of this Act, all fees being charged by any government office on 
migrant workers shall remain at their present levels and repatriation bond shall he 
abolished. 
SEC. 35 [3 71. The Congressional Migrant Workers Scholarship Fund. 
- There is hereby created a Congressional Migrant Workers Scholarship Fund, 
which shall benefit deserving migrant workers and/or their immediate descendants 
below twenty-one (21) years of age who intended to[pursue courses or training 
primarily in the field of science and technology] ENROLL OR ARE 
CURRENTLY ENROLLED PREFERABLY IN EXISTING STATE 
UNIVERSITIES AND COLLEGES (SUCs) WITHIN THE PHILIPPINES. 
The initial seed fund of Two hundred million pesos 
(P200,000,000.00) 
shall he constituted from the following sources: 
(a) Fifty million pesos (P50, 000,000.00) from the unexpected Countrywide 
Development Fund for 1995 in equal sharing by all members of Congress; and 
(h) The remaining One hundred fifty million pesos (P150, 000,000.00) shall be 
funded from the proceeds of Lotto. 
The Congressional Migrant Workers Scholarship Fund as herein created shall he 
administered by the DOLE in coordination with the [Department of Science and 
Technology (DOST)] COMMISSION ON HIGHER EDUCATION (CHED). 
To carry out the objectives of this section, the DOLE and the [DOST] CHED shall 
formulate the necessary rules and regulations. 
SEC. 36 [38]. Migrunt Workers Day. - The day of signing by the 
President of this Act shall be designated as the Migrant Workers Day and shall 
henceforth he commemorated as such annually. 
SEC. 31 [39]. Implementing Rules and Regulations. - The Departments 
and agencies charged with carrying out the provisions of this Act shall, within 
ninety (90) days after the effectivity of this Act, formulate the necessary rules and 
regulation for its effective implementation 
26 


SEC. 38 [40] Repealing Clause. - All laws, decrees, executive ordcrs. 
rules and regulations, or parts thereof inconsistent with the provisions of this AcL 
are hereby repealed or modified accordingly. 
SEC. 39 [41]. Separability Clause. - 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. 40 [42]. Effectivity Clause. This Act shall take effect after fifteen 
days from its publication in the Official Gazette or in at least two (2) national 
newspapers of general circulation whichever comes earlier. 
Approved, 
27