Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH (17‘") CONGRESS
Third Regular Session

House Bill No. 2840

Introduced by: REPRESENTATIVE ERIC L. OLIVAREZ

EXPLANATORY NOTE

To say that the life of an Overseas Filipino Worker (OFW) is
hard is quite an understatement. The gravity and magnitude of the
sacrifices entailed by working abroad cannot be fully quantified.
While indeed, OFWs remittances help boost the economy of our
country, the corresponding social costs are widely felt by the OFWs
and the families they leave behind, and it can have a lasting
negative effect on the country.

In the past years, we have received news of OFWs being
abused, maltreated, detained, murdered, raped, accused wrongly
and sometimes even sentenced to life imprisonment and even death
without fair trial. OFWs do gamble their lives, freedom and welfare
in order to secure the future of their families when they cannot seek
employment in our very own motherland. Therefore, it is the duty of
the State to protect them and their rights, and ensure their safe
repatriation when they encounter problems, whether legal, medical,
social, or whatnot.


This Act, therefore, is being proposed to strengthen the
support that the State provides for our OFWs in distress, giving
particular attention to those who are considered unskilled workers
especially our female domestic helpers who are undeniably more at
risk to possible abuses, maltreatment, rape, murder, sickness, and
other forms of physical, mental and emotional stress abroad.

According to the Philippine Statistics Authority (PSA), the
number of Overseas Filipino Workers (OFWs) who worked abroad
during the period April to September 2017 was estimated at 2.3
million, The proportion of OFWs was higher for females (53.7%)
than males (46.3%). Furthermore, female OFWs were younger
compared to male OFWs; More than half of the female OFWs were
in elementary occupations (59.0%).! Female overseas workers are
usually employed as domestic helpers who stay in the private
residences of their employers, thus it is much harder to monitor
their welfare and respond to their needs timely, as opposed to
others who secured jobs from companies which are more regulated
and are easily investigated.

While we recognize that responsible government agencies are
doing their best to orient Filipinos that will be deployed abroad of
the laws of the countries where they will be headed to, and to
prepare them on how to deal with employers and what to do and
where to go if they need help or government intervention, it cannot
serve as the only solution to the problems faced by our OFWs in
distress. Indeed, there is a need to allot a Special Assistance Fund
for them, to ensure that when faced by a difficult legal, medical or
social circumstance that forces them to return to the Philippines,
they will be adequately assisted and their repatriation will be
properly facilitated.

ew e
ERIC OLIVAREZ

* 2017 Survey on the Overseas Filipino Workers, culled from <www.psa.gov.ph>


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH (17) CONGRESS
Third Regular Session

House Bill No.

Introduced by: REPRESENTATIVE ERIC L. OLIVAREZ

AN ACT
PROVIDING SPECIAL ASSISTANCE FOR OVERSEAS FILIPINO
WORKERS IN DISTRESS, AND PROVIDING FUNDS THEREFOR
AND FOR OTHER PURPOSES

Section 1. Short Title. This Act shall be known as the
“Distressed OFW Special Assistance Act”.

Sec. 2. Declaration of Policy. It is hereby declared as a
policy of the State to accord full protection to overseas Filipino
workers, especially those who are considered unskilled workers
such as domestic helpers, cleaners, and manufacturing or factory
workers as such are more at risk to possible abuses, maltreatment,
sickness and physical, mental and emotional stress abroad.
Provided, that this special assistance shall cover both documented
and undocumented migrant workers.

Sec. 3. Definition of Terms. The following terms, as used in
this Act, shall mean:


Overseas Filipino Worker (OFW) - a Filipino 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
citizen or on board a vessel navigating the foreign seas
other than a government ship used for military or non-
commercial purposes or on an_ installation located
offshore or on the high seas; to be used interchangeably
with migrant worker.”

OFW in Distress - An OFW who has medical or
psycho-social problems requiring treatment,
hospitalization, and/or counseling; and/or problems like
labor, immigration and other issues requiring legal
representation as defined by R.A. No. 10022 otherwise
known as the Migrant Workers and Overseas Filipinos Act
and other related and applicable laws, or any other kind
of intervention with the authorities in the country where
he or she is found.

Skilled work - Occupations or work that requires
specialized training or a learned skill. Typically, a worker
reaches that level of expertise after undergoing proper
education, apprenticeship or training and, in some cases,
gaining certification from a government office or an
industry-related accreditation body.

Unskilled work - Elementary occupations that
involve the performance of simple and routine tasks,
which may require the use of handheld tools and
considerable physical effort

Repatriation - the return of a distressed OFW to
the Philippines.

Sec. 4. Creation of Fund. A Special Assistance Fund in the
amount of one billion pesos (Php 1,000,000.00) is hereby created
which shall be utilized for the following purposes, to wit:


(a) Repatriation;

(b) Medical expenses, hospitalization and purchase of
medicine and other related or necessary kits for the
immediate treatment of an  OFW, whether
sought/availed of abroad, as necessary, or from arrival
in the Philippines. Provided that, expenses obtained
from arrival in the Philippines shall be in the form of
vouchers for six (6) months;

(c) Migration fees for overstaying Filipinos;

(d) Legal assistance including litigation expenses, legal
fees, payment of translation fees, allowance for court
hearing attendance;

(e) Necessities of OFWs caught in emergencies, detained,
or experiencing other similar forms of distress, while
awaiting repatriation.

(f) Any legitimate, related or incidental expenses or costs
for rescue operations of distressed OF Ws abroad;

(g) Other similar costs or expenses to incurred for the
benefit of the OFW in distress.

Provided, that at least thirty percent (30%) of the total
fund shall be allotted as monetary support in the form of lump
sum payment not in excess of Fifty Thousand pesos (Php
50,000.00) for each recipient, which should be an OFW who has
been a victim of abuse by his/her employer, or one who has been
repatriated from his/her host country due to natural or man-
made calamities, disasters, armed conflict, war, or other similar
circumstances.

Sec. 5. Special Fund Registry. A registry or database
containing all pertinent information on the utilization of the Special
fund, as well as the identity of the recipients thereof, including their

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age, sex, type of work, religion/ethnicity, geographical location (HG
region) of their residence in the Philippines, employer overseas, date
of Departure from the Philippines, critical incidents abroad that
placed them in a state of distress, and the date of their repatriation,
among other crucial details, shall be recorded in the Special Fund
Registry.

Sec. 6. Transparency. In the utilization of the Special Fund,
the principles of accountability and transparency must be fully
observed. In connection, every Filipino citizen has a right to, and
shall, on request, be given access to any information pertinent to
the utilization of the Special Fund, when such information is under
the control or in the possession of any government agency involved
in the implementation of this Act. Said concerned government
agencies shall maintain appropriate records of their actions under
this Act, particularly with regard to disbursements of funds and the
identity of recipients. Provided, that the name of the OFWs in
distress who are recipients of the Special Fund shall not be
disclosed without the consent of the concerned OFW in distress, or
unless legally ordered by the courts.

Sec. 7. Implementing Agencies and Rules. The Overseas
Workers Welfare Administration (OWWA) shall implement this Act,
and shall coordinate with and be supported by the Philippine
Overseas Employment Administration (POEA), the Department of
Labor and Employment (DOLE), and the Department of Foreign
Affairs (DFA). The aforementioned agencies, in consultation with the
Department of Budget and Management, as well as representatives
of the private sector, men and women stakeholders coming from
both skilled and unskilled labor sector, recognized overseas labor
organization and non-government organization of
migration /migrant workers, shall issue the necessary implementing
rules and regulations to implement the provisions of this Act within
ninety (90) days after its effectivity.

Sec. 8. Appropriations. The fund needed to initially
implement the provisions of this act must be sourced primarily
from the General Appropriations Act. The appropriation allotted to

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the Assistance to Nationals and Legal Assistance Fund of the DFA,
and to the OWWA, shall serve as core fund for the program.
Thereafter, the yearly Php 1 Billion appropriation shall be sourced
from part of the earnings of the Bureau of Immigration, Duty-Free
Philippines, passport processing fees of the DFA, Philippine Charity
Sweepstakes office, Philippine Amusement and Gaming
Corporation (PAGCOR) and other relevant offices or agencies as
may be identified and directed by the President of the Republic of
the Philippines,

Sec. 9. Separability Clause. If any provision of this Act is
declared invalid or unconstitutional, other provisions hereof which
are not affected thereby shall remain valid, and in full force and
effect.

Sec. 10. Repealing Clause. All laws, orders, decrees, rules
and regulations and other parts thereof which are inconsistent
with the provisions of this Act are hereby repealed, amended or
modified.

Sec. 11. Effectivity. This Act shall take effect fifteen (15)

days after its publication in the Official Gazette or in two (2)
newspapers of general circulation,

Approved.