Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

1812

HOUSE BILL NO. —

Introduced by HON. ROGELIO D. PACQUIAO

EXPLANATORY NOTE

The contribution of overseas Filipino workers (OFWs) to our society is beyond
question. Their remittances play a crucial role in our economy. We owe to them our burgeoning
middle class. They are risking their lives and sacrificing cherished moments with their families
so they can provide them a better life.

Sadly, our government seems unable to keep its side of the bargain. Article XIII,
Section 3 (1) of the 1987 Constitution provides that

The State shall afford full protection to labor, local and overseas, organized and
unorganized, and promote full employment and equality of employment
opportunities for all.

Yet it continues to be weak in terms of providing OFWs protection against the many problems
they face. One such problem is inadequate legal support during criminal prosecution. Time and
again, the nation is shocked with news of migrant workers being or about to be executed. The
pain is aggravated when we realize that many of these unfortunate migrant workers are
innocent and/or victims themselves. The recent case of Mary Jane Veloso (who is now on
reprieve but still facing the threat of execution) makes us wonder if we have actually exhausted
all possible means in order to save those who are or have been similarly situated.
‘Sections 25 and 26 of the Republic Act No. 8042 or the “Migrant Workers and Overseas

Filipinos Act of 1995”, as amended, provides that

Sec. 25. Legal Assistance Fund. There is hereby established a legal assistance

fund for migrant workers, herein referred to as Legal Assistance fund, in the

amount of One hundred million pesos (P100, 000, 000.00) xxx


Sec. 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 Filipinos 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 charges or in filing cases
against erring or abusive employers abroad, bail bonds to secure the temporary
releases and other litigation expenses: Provided, That at the end of every year,
the Department of Foreign Affairs shall include in its report to Congress, as
provided for under Section 33 of this Act, the status of the Legal Assistance
Fund, including the expenditures from the said fund duly audited by the
Commission on Audit (COA): Provided, further, That the hiring of foreign legal
counsels, when circumstances warrant urgent action, shall be exempt from the
coverage of Republic Act No. 9184 or the Government Procurement Act.

Yet the Omnibus Rules and Regulations of R.A. 8042 has limited the application of these
Sections, providing that

Sec. 3. Legal Assistance Fund. The Legal Assistance Fund created under the
Act shall be used exclusively to provide legal services for Migrant Workers and
Overseas Filipinos in distress in accordance with approved guidelines, criteria
and procedures of the DFA. It shall be used inter alia for the following specific
Purposes:

(@) In the absence of a | de oficio or court-appointed la
payment of attorney's fees to foreign lawyers for their services in representing
migrant workers facing criminal and labor cases abroad, or in filing cases
against erring or abusive employers abroad, provided, that no amount shall be
disbursed for the appeal of cases except when the penalty meted is life
imprisonment or death or under meritorious circumstances as determined by the
Undersecretary for Migrant Workers Affairs; xxx

Therefore, under the current law, a) OFWs in distress have to depend on counsels de
oficio or court-appointed lawyers, which may not be able to provide adequate defense due to
several factors, most importantly of which is the language barrier; and b) the fund is only
accessible upon conviction and the penalty meted is life imprisonment or death, thus, support
from the moment of arrest up to the trial, which are very crucial times, is lacking.

This bill improves upon the bill filed by Senator Miriam Defensor-Santiago during the
Sixteenth Congress of the Philippines which seeks to close the loopholes in the law. In this

proposed amendment to the law, the legal assistance fund shall at all times be made available
from the ti arrest or charging all the way to the tri dat all levels of appeal
for migrant workers facing charges with the prescribed penalty of life imprisonment or death.

Also, after conviction and if the penalty meted has a maximum period of 12 years and above
(corresponding to reclusion temporal in our jurisdiction), access to the fund is also made


mandatory upon appeal. The reason is that 12 years of jailtime constitutes a very long and
agonizing separation from one’s family which the State shall endeavor to prevent. Finally,
also clarified that notwithstanding the two preceding provisos, access to the fund shall also be

granted in other instances when there are meritorious circumstances.
In view of the foregoing, the approval of this bill is earnestly sought.



CONGRESS OF THE PHILIPPINES )
EIGHTEENTH CONGRESS )
First Regular Session )

HOUSE OF REPRESENTATIVES

HB. No. 1812

BY REPRESENTATIVE ROGELIO D. PACQUIAO

AN ACT EXPANDING THE USE OF THE LEGAL ASSISTANCE FUND,
AMENDING FOR THE PURPOSE SECTION 26 OF REPUBLIC ACT
NO. 8042, OTHERWISE KNOWN AS “THE MIGRANT WORKERS
AND OVERSEAS FILIPINOS ACT OF 1995”, AS AMENDED

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

SECTION 1. Section 26 of Republic Act No. 8042, otherwise known as
the “Migrant Workers and Overseas Filipinos Act of 1995”, as amended by
Republic Act No. 10022, is hereby amended to read as follows:

“SECTION 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 Filipinos 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 charges or in filing cases against erring or


abusive employers abroad, bail bonds to secure the temporary
releases and other litigation expenses;

PROVIDED, THAT THE LEGAL ASSISTANCE FUND
SHALL AT ALL TIMES BE MADE AVAILABLE FROM
THE TIME OF THE ARREST OR CHARGING ALL THE
WAY TO THE TRIAL PROPER AND AT ALL LEVELS OF
APPEAL FOR MIGRANT WORKERS FACING CHARGES
WITH THE PRESCRIBED PENALTY OF LIFE
IMPRISONMENT OR DEATH;

PROVIDED, THAT ACCESS TO THE LEGAL
ASSISTANCE FUND SHALL ALSO BE MADE
AVAILABLE UPON CONVICTION AND IF THE
PENALTY METED HAS A MAXIMUM PERIOD 12
YEARS AND ABOVE, ONCE THE ACCUSED DESIRES
TO APPEAL. NOTWITHSTANDING THE TWO
PRECEDING PROVISOS, ACCESS TO THE FUND
SHALL ALSO BE GRANTED IN OTHER INSTANCES
WHEN MERITORIOUS CIRCUMSTANCES ARE
PRESENT;

Provided, that at the end of every year, the Department of
Foreign Affairs shall include in its report to Congress, as provided
for under Section 33 of this Act, the status of the Legal Assistance
Fund, including the expenditures from the said fund duly audited
by the Commission on Audit (COA);

Provided, further, that the hiring of foreign legal counsels,
when circumstances warrant urgent action, shall be exempt from
the coverage of Republic Act No. 9184 or the Government
Procurement Act.”

SECTION 2. Repealing Clause. — All laws, orders, issuances, rules and

regulations or part thereof inconsistent with the provisions of this Act are hereby

repealed, amended or modified accordingly.
SECTION 3. Effectivity Clause. — This Act shall take effect within fifteen

(15) days after its publication in the Official Gazette or in at least two (2)

newspapers of general circulation, whichever comes earlier.

Approved,