NINETEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHIUPPINES 
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First Regular Session 
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•22 RUG -1 PI :41
SENATE
Introduced by Senator Grace Poe
AM ACT
TO FURTHER ASSIST FILIPINO MIGRANT WORKERS, AMENDING 
FOR THE PURPOSE SECTION 10 OF REPUBLIC ACT NO. 8042, AS 
AMENDED
EXPLANATORY NOTE
The 1987 Philippine Constitution is clear in its guarantee that "[t]he 
State shall afford full protection to labor, local and overseas, organized and 
unorganized, and promote full employment and equality of employment 
opportunities for all."1 Said Constitutional provision serves as the lamp post 
of government protection to Filipino human resources including the Overseas 
Filipino workers (OFWs). This policy measure is a social legislation for the 
OFWs.
Many Filipinos believe that overseas employment is the way to financial 
security. Being an OFW carries with it the challenge of being alone in a 
foreign land and missing important events in the lives of their loved ones back 
home in exchange for a high-paying job. Because of their desire to provide a 
better future for their children, however, they are left with no choice but to 
endure the hardships of working abroad with the uncertainty of the dangers 
they may have to face; and the changes in their family that they may have to 
adapt to.
As per the September 2015 Survey on OFWs conducted by the 
Philippine Statistics Authority, the number of OFWs is estimated at 2.4
Article XIII, Section 3, first paragraph.


Million.2 These OFWs are the modern day heroes of our country as they have 
helped cushion our economy from the effects of global financial crisis through 
their billion-dollar remittances each year; and it Is what keeps our economy 
afloat. Not all of our OFWs, however, are fortunate in seeking jobs abroad. 
Some OFWs end up being recruited illegally while some are promised jobs 
that are non-existent.
It is the State's duty to protect our modern day heroes and not treat 
them as export commodity and as means to sustain economic growth. The 
sacrifices our OFWs make in their hope of enjoying the fruits of their hard- 
earned labor when they come home should not be taken for granted.
This bill seeks to amend the existing law. Republic Act No. 8042, or the 
"Migrant Workers Act of 1995" in order to provide equal protection for our 
OFWs. The amendment would be, that in cases of termination of overseas 
employment without just, valid or authorized cause as defined by law or 
contract, an OFW shall be entitled to the full reimbursement of his/her 
placement fee plus reasonable interest rate and that the Department of Labor 
and Employment (DOLE) shall be the main steward for OFWs and shall 
provide a comprehensive assistance program to our OFWs.
In light of the foregoing, immediate passage of this bill is earnestly
sought.
GRACE FOR
2 Philippine Statistics Authority. "Total Number of OFWs Estimated at 2.4 million" Retrieved from 
https://Dsa.gov.Dh/content/totaI-number-ofws-estimated-24-million-resuIts-2015-survev-
overseas-filipinos-0


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
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of tl)f feft'.'etrti-p
72 MJ6-1
SENATE
RECEIVED BY;
Introduced by Senator Grace Poe
TO FURTHER ASSIST FILIPINO MIGRANT WORKERS, AMENDING 
FOR THE PURPOSE SECTION 10 OF REPUBLIC ACT NO. 8042, AS 
AMENDED
Be it enacted by the Senate and House of Representatives of the Philippines 
in Congress assembled:
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Section 1. The fifth paragraph of Section 10 of Republic Act No. 8042,
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otherwise known as the "Migrant Workers and Overseas Filipino Act" as
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amended by Republic Act. No. 10022, is hereby amended by repealing the
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clause" or for Three (3) months every year of the unexpired term, whichever
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is less", to read as follows:
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"Section 10. Money Claims. - Notwithstanding any provision of
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law to the contrary, the Labor Arbiters of the National Labor Relations
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Commission (NLRC) shall have the original and exclusive jurisdiction to
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hear and decide, within ninety (90) calendar days after filing of the
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complaint, the claims arising out of an employer-employee relationship
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or by virtue of any law or contract involving Filipino workers for
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overseas deployment including claims for actual, moral, exemplary and
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other forms of damages.
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The liability of the principal/employer and the
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recruitment/placement agency for any and all claims under this section
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shall be joint and several. These provisions shall be incorporated in the
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contract for overseas employment and shall be a condition precedent
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for its approval. The performance bond to be filed by the


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recruitment/placement agency, as provided by law, shall be 
answerable for 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 be, 
shall themselves be jointly and solidarily liable with the corporation or 
partnership for the aforesaid claims and damages.
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 a 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 (4) months from the approval of the settlement by the 
appropriate authority.
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, plus his salaries for the 
unexpired portion of his employment contract [or-for-thr-cc (3) months 
for every year of-thc uncxpircd term, whichever--is-less.] PROVIDED 
THAT THE DEPARTMENT OF LABOR AND EMPLOYMENT AND 
ITS ATTACHED AGENCIES SHALL PROVIDE NEW SKILL 
TRAININGS, RE-TRAINING PROGRAMS, LIVELIHOOD AND 
TECHNOLOGY ASSISTANCE, SEMINARS FOR MICRO-FINANCE 
ASSISTANCE, AND SIMILAR OPPORTUNITIES FOR 
RETURNING OVERSEAS FILIPINO WORKERS.
Non-compliance with the mandatory periods for resolutions of 
cases provided under 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 resolutions within the prescribed period shall be, or caused 
to be, withheld until the said official complies therewith;


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(b) Suspension for not more than ninety (90) days; or
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(c) Dismissal from the service with disqualifications to hold any
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appointive public office for five (5) years.
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Provided, however, that the penalties herein provided shall be
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without prejudice to any liability which any such official may have
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incurred under other existing laws or rules and regulations as a
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consequence of violating the provisions of this paragraph.
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Sec. 2. Repealing Clause. - Ail laws, rules and regulation, orders,
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circulars and memoranda inconsistent with this Act are hereby repealed or
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modified accordingly.
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Sec. 3. Effectivity. - This Act shall take effect fifteen (15) days after its
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publication in a newspaper of general circulation.
Approved,