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Nineteenth Congress
Second Regular Session
i    HouseBi||No.9388
Introduced by:
HON. MARISSA ``DEL MAR" MAGSIN0
0FW PARTYLIST
EXPLANATORY NOTE
Section 15 of Republic Act No. 8042, or the `Migrant Workers and Overseas Filipinos
Act',  as  amended,  mandates the  Overseas Workers Welfare Administration  (OWWA),  in
coordination  with  appropriate  international  agencies,  to  undertake  the  repatriation  of
workers in cases of war, epidemic, disasters or calamities, natural or man-made, and other
similar events, as well as the mandatory repatriation of underage migrant workers, without
prejudice   to   reimbursement  by  the   responsible   principal   or  agency.   The   law  also
authorizes  the  OWWA  to  pay  repatriation-related  expenses,  such  as  fines  or penalties,
subject  to  such  guidelines  as  the  OWWA  Board  of Trustees  may  prescribe.  For  these
purposes, an Emergency Repatriation Fund (ERF) is established under the administrative
control and supervision of the  OWWA, initially consisting of One Hundred  Million  Pesos
(P100,000,000.00), inclusive of outstanding balances.
For 2021, the Commission on Audit (COA) reported that the OWWA  utilized 99.99%
of its  P17.3  billion  ERF  for the accommodation, transportation,  financial  assistance,  and
other COVID-19 incidental expenses of the repatriated OFWs. As of the lst quarter of 2022,
the OWWA disclosed that more than 900,000 Overseas Filipino Workers (OFWs) who have
been affected by the coronavirus disease (COVID-19) pandemic have been repatriated.
With  the  COVID-19  wave  subsiding  globally,  there  is  now  a  resurgence  in  the
deployment  of OFWs  to  other  countries,  and  in  the  reverse,  a  slowdown  in  pandemic-
related  OFW  repatriation  activities.  Consequently,  the  ERF  has  stabilized  and  began


accruing balances. For 2024, the OWWA reports an ERF balance of P 9.7 billion. A funding
resource that could stay not fully utilized for the time being.
Meanwhile,  in  the  current  repatriation  system,  a  recurring  issue  involves  the
availability  and  accessibility  of temporary  shelters  or Bahaj7 Ka/I.ngas  in  host  countries
intended  for  distressed  OFWs  as  temporary  sanctuaries,  particularly  while  awaiting
repatriation. Existing ones are reportedly often congested resulting to unsafe and inhuman
living conditions. In some instances, the government is even forced to rent facilities for the
purpose. As reported by the Department on Migrant Workers (DMW), there are currently
24 migrant workers' temporary shelters worldwide,14 of which are in the Middle East.
Moreover, repatriated OFWs need half-way houses to stay while in transit to their
respective home towns and residences, which can also be utilized as quarantine facilities in
times of global pandemics. Temporary shelters abroad and half-way houses in the country
for repatriated OFWs can save the government expenses for hotels and other commercial
accommodations, while providing OFWs decent comfort and safety during their stay in said
facilities.
It is for these reasons that the OWWA should be allowed greater flexibility in the
utilization of the ERF, particularly for the establishment of temporary shelters abroad and
half-way houses in the country in line with its repatriation mandate, as an option, and in
coordination with other government agencies concerned, subject to availability of funds.
This bill seeks to provide the statutory authority for the purpose.
1#M#G;.Nwi
MARISSA `DEL MAR'


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Nineteenth Congress
Second Regular Session
HouseBillNo.9388
Introduced by:
HON. MARISSA ``DEL MAR" MAGSINO
OFW PARTYLIST
ANACT
EXPANDING THE PURPOSES FOR THE UTILIZATION OF THE EMERGENCY
REPATRIATION FUND UNDER REPUBLIC ACT NO. 8042, AS AMENDED, OTHERWISE
KNOWN AS THE `MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT'
Be it enacted by the Senate and the House of Representatives of the Republic of the Philippines
in Congress assembled ..
Section  1.   Section 15 of Republic Act No. 8042, as amended, is hereby amended to read as
follows:
Section.15. Repatriation Of Workers; Emergeney Repatriation Fund. -The repaltr±awion 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  bone  by or charged to  the  agency concerned  and/or 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 and/or local agency.
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  coordination  with
appropriate international agencies, shall undertake the repatriation of workers in cases of
war,  epidemic,  disasters  or  calamities,  natural  or  man-made,  and  other  similar  events
without prejudice to  reimbursement by the responsible principal or agency. However, in
cases where the principal or recruitment agency cannot be identified, all costs attendant to
repatriation shall be borne by the OWWA.


For  these   purposes,   there   is   hereby   created   and   established   an   emergency
repatriation fund under the administration control and supervision of the OWWA, initially
to  consist  of  one  hundred  million  pesos   (P100,000,000.00),  inclusive  of  outstanding
balances.
THE  EMERGENCY  REPATRIATION  FUND  AS  HEREWITH  CONSTITUTED,  MAY
ALSO  BE  UTILIZED  FOR THE  ESTABLISHMENT  OF  0FW TEMPORARY  SHELTERS  IN
THE  HoST  CoUNTR[ES  ,N  CooRD[NAT]oN  Wr.TH  THE  MIGRANT  WoRKERS  oFF[CE
(MWO) OF THE DEPARTMENT 0F MIGRANT WORKERS (DMW) IN ACCORDANCE WITH
REPUBLIC ACT NO.  11641  AND  IIALF-WAY HOUSES  IN  THE  COUNTRY,  SUBJECT TO
AVAILABILITY OF FUNDS AND GUIDELINES AS THE 0WWA BOARD OF TRUSTEES MAY
PRESCRIBE PURSUANT TO REPUBLIC ACT NO. 10801.
Section  2.  All laws, decrees, orders, and rules and regulations contrary to or inconsistent
with the provisions of this Act are hereby repealed or amended accordingly.
Section 3. This Act shall take effect fifteen (15) days after its complete publication in in a
newspaper of general circulation.
Approved.