1
Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
Nineteenth Congress 
First Regular Session 
HOUSE BILL NO. _____ 
Introduced by Representative Rudys Caesar G. Fariñas I 
EXPLANATORY NOTE 
This bill seeks to protect overseas Filipino workers (OFWs) by expanding the 
coverage of their compulsory insurance. OFWs are among the country's most 
significant foreign exchange sources and contribute significantly to the 
Philippine economy. However, they are also vulnerable to various risks and 
hazards while working abroad, such as illnesses, accidents, and death. Hence, 
this bill.  
This measure, among other salient features, provides temporary partial 
disablement benefits. Similarly, repatriation benefit extends to causes due to 
epidemic, pandemic, war, civil unrest, disaster, and calamities, whether natural 
or man-made. Likewise, this bill utilizes a single-entry approach (SENA) for 
money claims covered by this measure. Also, this bill passes the obligation to 
recruitment or manning agencies to assist migrant workers in filing claims.  
Hence, this representation seeks the passage of this measure.   
RUDYS CAESAR G. FARIÑAS I 
March 6, 2023
5:22 pm
7468


 2
Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
Nineteenth Congress 
First Regular Session 
HOUSE BILL NO. _____ 
Introduced by Representative Rudys Caesar G. Fariñas I 
AN ACT 
EXPANDING THE COVERAGE OF COMPULSORY INSURANCE OF OVERSEAS 
FILIPINO WORKERS, FURTHER AMENDING 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 37-A of Republic Act No. 8042, otherwise known as 
1 
the     “Migrant Workers and Overseas Filipinos Act of 1995”, as amended, is 
2 
hereby further amended to read as follows: 
3 
4 
“SEC. 37-A. Compulsory Insurance Coverage for [Agency-Hired] 
5 
MIGRANT Workers. - In addition to the performance bond to be filed 
6 
by the recruitment/manning agency under Section 10, each 
7 
migrant worker, WHETHER AGENCY-HIRE, REHIRE, DIRECT-
8 
HIRE, 
OR 
GOVERNMENT-HIRE, 
[deployed 
by 
a 
9 
recruitment/manning agency] shall be covered by a compulsory 
10 
insurance policy AFTER SIGNING OR DURING THE RENEWAL OF 
11 
THE CONTRACT, which shall be secured at no cost to the said 
12 
worker. THE INSURANCE PREMIUM SHALL BE PAID BY THE 
13 
FOREIGN EMPLOYER, OR BY THE RECRUITMENT/MANNING 
14 
AGENCY IN THE CASE OF AGENCY-HIRED WORKERS.  Such 
15 
insurance policy shall be effective for the duration of the migrant 
16 
worker's employment OR DEPLOYMENT, and shall cover, at the 
17 
minimum: 
18 
19 
(a) Accidental death, with at least Fifteen thousand United
20 
States dollars (US$ 15,000.00) survivor’s benefit payable
21 
to the migrant worker’s beneficiaries;
22 
23 
7468


 
 
 
 
3
(b) Natural death, with at least Ten thousand United States 
1 
Dollars (US$ 10,000.00) survivor’s benefit payable to the 
2 
migrant worker’s beneficiaries; 
3 
 
 
(c) Permanent total disablement, with at least Seven 
4 
thousand 
five 
hundred 
United 
States 
dollars 
5 
(US$ 7,500.00) disability benefit payable to the migrant 
6 
worker.  The following disabilities shall be deemed 
7 
permanent: total, complete loss of sight of both eyes; loss 
8 
of two (2) limbs at or above the ankles or wrists; permanent 
9 
complete paralysis of two (2) limbs; brain injury resulting 
10 
to incurable imbecility or insanity; 
11 
 
12 
TEMPORARY PARTIAL DISABLEMENT BENEFIT THAT 
13 
IS PAYABLE TO THE MIGRANT WORKER. THE TABLE 
14 
OR 
LIST 
OF 
PARTIAL 
DISABLEMENT 
WITH 
15 
CORRESPONDING AMOUNT SHALL BE INCLUDED IN 
16 
THE IMPLEMENTING RULES AND REGULATIONS OF 
17 
THIS SECTION BY THE INSURANCE COMMISSION, 
18 
AFTER 
CONSULTATION 
WITH 
THE 
INSURANCE 
19 
INDUSTRY AND OTHER STAKEHOLDERS; 
20 
 
21 
(d) Repatriation AND OTHER ATTENDANT costS of the 
22 
worker when his/her employment is terminated without 
23 
any valid cause, including the transport of his or her 
24 
personal belongings.  In case of death OF THE MIGRANT 
25 
WORKER, AND THE EMPLOYER IS INCAPACITATED 
26 
TO PAY OR HAS ABANDONED THE WORKER, the 
27 
insurance provider shall arrange and pay for the 
28 
repatriation or return of the worker’s BODY OR 
29 
CREMATED remains. The insurance provider shall also 
30 
render any assistance necessary in the transport, 
31 
including but not limited to, locating a local and licensed 
32 
funeral home, mortuary or direct disposition facility to 
33 
prepare 
the 
body 
for 
transport, 
completing 
all 
34 
documentation, obtaining legal clearances, procuring 
35 
consular services, TRANSLATION COSTS, providing 
36 
death certificates, purchasing the minimally necessary 
37 
casket or air transport container, as well as transporting 
38 
the remains including retrieval from site of death and 
39 
delivery to the receiving funeral home;  
40 
 
41 
SUBJECT TO THE INTER-AGENCY STUDY, AFTER DUE 
42 
CONSULTATION WITH THE INSURANCE INDUSTRY 
43 
AND OTHER STAKEHOLDERS, THE REPATRIATION 
44 
BENEFIT UNDER THIS PARAGRAPH MAY ALSO 
45 
EXTEND 
TO 
CAUSES 
DUE 
TO 
AN 
EPIDEMIC, 
46 
PANDEMIC, WAR, CIVIL UNREST, DISASTERS AND 
47 
CALAMITIES, WHETHER NATURAL OR MAN-MADE; 
48 
 
49 
(e) Subsistence allowance benefit, with at least One hundred 
50 
United States dollars (US$100.00) per month for a 
51 
maximum of six (6) months for a migrant worker who is 
52 


 
 
 
 
4
involved in a case or litigation for the protection of his/her 
1 
rights in the receiving country; 
2 
 
3 
(f) Money claims arising from employer’s liability which may 
4 
be awarded or given to the worker in a judgment or 
5 
settlement of his or her case in the NLRC. The insurance 
6 
coverage for money claims shall be equivalent to at least 
7 
three (3) months SALARIES for every year of the migrant 
8 
worker’s employment contract. 
9 
THE MONEY CLAIMS OF REHIRES, DIRECT-HIRES 
10 
AND GOVERNMENT-HIRES, SHALL BE SUBJECT TO 
11 
THE ADMINISTRATIVE PROCEEDING OF SINGLE-
12 
ENTRY 
APPROACH 
(SENA), 
WHICH 
WAS 
13 
INSTITUTIONALIZED UNDER REPUBLIC ACT NO. 
14 
10396, 
ENTITLED 
“AN 
ACT 
STRENGTHENING 
15 
CONCILIATION-MEDIATION AS A VOLUNTARY MODE 
16 
OF DISPUTE SETTLEMENT FOR ALL LABOR CASES, 
17 
AMENDING FOR THIS PURPOSE ARTICLE 228 OF 
18 
PRESIDENTIAL DECREE NO. 442, AS AMENDED, 
19 
OTHERWISE KNOWN AS THE “LABOR CODE OF THE 
20 
PHILIPPINES”.  THE SENA PROCEEDING MAY BE 
21 
DONE ONLINE OR ONSITE.  IF THE MIGRANT WORKER 
22 
IS IN THE PHILIPPINES, SENA PROCEEDING SHALL BE 
23 
DONE AT THE PHILIPPINE OVERSEAS EMPLOYMENT 
24 
ADMINISTRATION 
(POEA). 
IF 
THE 
WORKER 
IS 
25 
ONSITE, SENA PROCEEDING SHALL BE DONE AT THE 
26 
PHILIPPINE OVERSEAS LABOR OFFICE. THE POEA, IN 
27 
CONSULTATION 
WITH 
THE 
STAKEHOLDERS, 
IS 
28 
HEREBY 
TASKED 
TO 
PROMULGATE 
THE 
29 
IMPLEMENTING GUIDELINES FOR THIS PROVISION, 
30 
WHICH WILL INCLUDE THE PROCEDURE ON HOW A 
31 
CASE 
SETTLEMENT 
OR 
ORDER 
IS 
ENFORCED 
32 
AGAINST THE FOREIGN EMPLOYER OR PRINCIPAL. 
33 
 
34 
In addition to the above coverage, the insurance policy shall 
35 
also include: 
36 
 
37 
(g) Compassionate visit.  When a migrant worker is 
38 
hospitalized and has been confined for at least seven (7) 
39 
consecutive days, he shall be entitled to a compassionate 
40 
visit by one (1) family member or a requested individual. 
41 
The insurance company shall pay for the transportation 
42 
cost of the family member or requested individual to the 
43 
major airport closest to the place of hospitalization of the 
44 
worker AND BACK TO THE PHILIPPINES.  It is, however, 
45 
the responsibility of the family member or requested 
46 
individual to meet all visa and travel document 
47 
requirements; 
48 
 
49 
(h) Medical evacuation.  When an adequate medical facility is 
50 
not available proximate to the migrant worker, as 
51 
determined by the insurance company’s physician and/or 
52 
a consulting physician, THE INSURANCE PROVIDER 
53 
SHALL UNDERTAKE THE evacuation TO THE NEAREST 
54 


 
 
 
 
5
HOSPITAL OF ADEQUATE MEDICAL FACILITY under 
1 
appropriate medical supervision AND by the mode of 
2 
transport necessary [shall be undertaken by the insurance 
3 
provider]; and 
4 
 
5 
(i) Medical repatriation.  When medically necessary as 
6 
determined by the INSURANCE COMPANY’S PHYSICIAN 
7 
OR A CONSULTING [attending] physician, repatriation 
8 
under medical supervision to the migrant worker’s 
9 
residence shall be undertaken 
10 
 
by the insurance provider at such time that the migrant 
11 
worker is medically cleared for travel by commercial 
12 
carrier.  If the period to receive medical clearance to travel 
13 
exceeds fourteen (14) days from the date of discharge from 
14 
the 
hospital, 
an 
alternative 
appropriate 
mode 
of 
15 
transportation, such as air ambulance, may be arranged.  
16 
Medical and non-medical escorts may be provided when 
17 
necessary.   
18 
 
19 
FOR PURPOSES OF THIS SECTION, THE TERM “DEPLOYMENT” 
20 
REFERS TO THE DURATION WHEN THE WORKER IS STILL 
21 
ABROAD, WHICH SHOULD NOT BE MORE THAN THE PERIOD 
22 
OF THE ORIGINAL EMPLOYMENT CONTRACT COVERED BY AN 
23 
INSURANCE POLICY. 
24 
 
25 
Only reputable private insurance companies duly registered with 
26 
the Insurance Commission (IC), which are in existence and 
27 
operational for at least five (5) years, with a net worth OR 
28 
CAPITALIZATION IN ACCORDANCE WITH SECTION 194 OF THE 
29 
INSURANCE CODE, AS AMENDED, [of at least Five hundred 
30 
million pesos (P500,000,000.00) to be determined by the IC] and 
31 
with a current year certificate of authority ISSUED BY THE IC shall 
32 
be qualified to provide for the worker’s insurance coverage. 
33 
Insurance companies who have directors, partners, officers, 
34 
employees or agents with relatives, within the fourth civil degree of 
35 
consanguinity or affinity, who work or have interest in any of the 
36 
licensed recruitment/manning agencies or in any of the government 
37 
agencies involved in the overseas employment program shall be 
38 
disqualified from providing this workers’ insurance coverage.  
39 
 
40 
The FOREIGN EMPLOYER, AS MAY BE REPRESENTED BY THE 
41 
recruitment/manning agency OR MIGRANT WORKER, shall have 
42 
the right to choose from any of the qualified insurance providers [the 
43 
company that will insure the migrant worker it will deploy]. After 
44 
procuring such insurance policy, the FOREIGN EMPLOYER, OR 
45 
THE recruitment/manning agency shall provide an authenticated 
46 
copy thereof to the migrant worker. It shall then submit the 
47 
certificate of insurance coverage of the migrant worker to POEA as 
48 
a requirement for the issuance of an Overseas Employment 
49 
Certificate (OEC) to the migrant worker. In the case of seafarers who 
50 
are insured under policies issued by foreign insurance companies, 
51 
the POEA shall accept certificates or other proofs of cover from 
52 


 
 
 
 
6
recruitment/manning agencies: Provided, That the minimum 
1 
coverage under sub-paragraphs (a) to (i) are included therein. 
2 
 
3 
Any person having a claim upon the policy issued pursuant to 
4 
subparagraphs (a), (b), (c), (d) and (e) of this section shall present to 
5 
the insurance company concerned a written notice of claim together 
6 
with pertinent supporting documents. The insurance company shall 
7 
forthwith ascertain the truth and extent of the claim and make 
8 
payment within ten (10) days from the filing of the notice of claim. 
9 
 
10 
Any claim arising from accidental death, natural death or 
11 
disablement under this section shall be paid by the insurance 
12 
company without any contest and without the necessity of providing 
13 
fault or negligence of any kind on the part of the insured migrant 
14 
worker: Provided, That the following documents, duly authenticated 
15 
by the Philippine foreign posts, shall be sufficient evidence to 
16 
substantiate the claim: 
17 
 
(1) Death Certificate - In case of natural or accidental death; 
18 
(2) Police or Accident Report - In case of accidental death; and 
19 
(3) Medical Certificate - In case of permanent disablement; 
20 
 
21 
For repatriation under subparagraph (d) hereof, a certification 
22 
which states the reason/s for the termination of the migrant 
23 
worker's employment and the need for his or her repatriation shall 
24 
be issued by the Philippine foreign post or the Philippine Overseas 
25 
Labor Office (POLO) located in the receiving country. 
26 
 
27 
For subsistence allowance benefit under subparagraph (e), the 
28 
concerned labor attaché or, in his absence, the embassy or consular 
29 
official shall issue a certification which states the name of the case, 
30 
the names of the parties and the nature of the cause of action of the 
31 
migrant worker. 
32 
 
33 
For the payment of money claims under subparagraph (f), the 
34 
following rules shall govern: 
35 
 
36 
(1) 
After a decision has become final and executory or a 
37 
settlement/compromise agreement has been reached 
38 
between the parties at the NLRC, an order shall be 
39 
released 
mandating 
the 
respondent 
40 
recruitment/manning agency to pay the amount 
41 
adjudged or agreed upon within thirty (30) days; 
42 
 
43 
(2) 
The 
recruitment/manning 
agency 
shall 
then 
44 
immediately file a notice of claim with its insurance 
45 
provider for the amount of liability insured, attaching 
46 
therewith a copy of the decision or compromise 
47 
agreement; 
48 
 
49 
(3) 
Within ten (10) days from the filing of notice of claim, the 
50 
insurance company shall make payment to the 
51 
EMPLOYER OR recruitment/manning agency the 
52 
amount adjudged or agreed upon, or the amount of 
53 
liability insured, whichever is lower. After receiving the 
54 


 
 
 
 
7
insurance 
payment, 
the 
EMPLOYER 
OR 
1 
recruitment/manning agency shall immediately pay the 
2 
migrant worker's claim in full, taking into account that 
3 
in case the amount of insurance coverage is insufficient 
4 
to satisfy the amount adjudged or agreed upon, it is liable 
5 
to pay the balance thereof; 
6 
 
7 
(4) 
In case the insurance company fails to make payment 
8 
within ten (10) days from the filing of the claim, the 
9 
recruitment/ manning agency shall pay the amount 
10 
adjudged or agreed upon within the remaining days of 
11 
the thirty (30)-day period, as provided in the first 
12 
subparagraph hereof; 
13 
 
14 
(5) 
If the AGENCY-HIRED worker's claim was not settled 
15 
within 
the 
aforesaid 
thirty 
(30)-day 
period, 
the 
16 
recruitment/manning agency's performance bond or 
17 
escrow deposit shall be forthwith garnished to satisfy the 
18 
migrant worker's claim; 
19 
 
(6) 
The provision of compulsory worker's insurance under 
20 
this section shall not affect the joint and solidary liability 
21 
of the foreign employer and the recruitment/manning 
22 
agency under Section 10; 
23 
 
24 
(7) 
Lawyers for the insurance companies, unless the latter 
25 
is impleaded, shall be prohibited to appear before the 
26 
NLRC in money claims cases under this section. 
27 
 
28 
IN FILING A CLAIM WITH THE INSURANCE PROVIDER, THE 
29 
RECRUITMENT/MANNING 
AGENCY 
SHALL 
ASSIST 
THE 
30 
MIGRANT WORKER OR THE BENEFICIARY AND ENSURE THAT 
31 
ALL INFORMATION AND DOCUMENTS IN THE CUSTODY OF 
32 
THE AGENCY NECESSARY FOR THE CLAIM MUST BE READILY 
33 
ACCESSIBLE TO THE CLAIMANT. EXCEPT FOR THE AGENCY-
34 
HIRED WORKERS, THE FOREGOING DUTIES SHALL BE 
35 
PERFORMED BY THE DOLE/POEA/OWWA.  
36 
 
37 
Any question or dispute in the enforcement of any insurance policy 
38 
issued under this section shall be brought before the IC for 
39 
mediation or adjudication. 
40 
 
41 
In case it is shown by substantial evidence before the POEA that the 
42 
migrant 
worker 
[who 
was 
deployed 
by 
a 
licensed 
43 
recruitment/manning agency] has paid for the premium or the cost 
44 
of the insurance coverage or that the said insurance coverage was 
45 
used as basis by the recruitment/manning agency OR EMPLOYER 
46 
to claim any additional fee from the migrant worker, the said 
47 
licensed recruitment/manning agency shall lose its license and all 
48 
its directors, partners, proprietors, officers and employees, AS 
49 
WELL AS THE FOREIGN EMPLOYER shall be perpetually 
50 
disqualified from [engaging] PARTICIPATING in the business of 
51 
[recruitment] RECRUITING LAND-BASED AND SEA-BASED [of 
52 
overseas] workers. Such penalty is without prejudice to any other 
53 


 
 
 
 
8
liability which such persons may have incurred under existing laws, 
1 
rules or regulations. 
2 
 
3 
For migrant workers recruited by the POEA on a government-to-
4 
government arrangement, the POEA shall establish a foreign 
5 
employers guarantee fund which shall be answerable to the workers' 
6 
monetary claims arising from breach of contractual obligations. [For 
7 
migrant workers classified as rehires, name hires or direct hires, 
8 
they may opt to be covered by this insurance coverage by requesting 
9 
their foreign employers to pay for the cost of the insurance coverage 
10 
or they may pay for the premium themselves.] To protect the rights 
11 
of these workers, the Department of Labor and Employment and the 
12 
POEA shall provide them adequate legal assistance, including 
13 
conciliation and mediation services, whether at home or abroad. 
14 
 
15 
At the end of every year, the Department of Labor and Employment 
16 
and the IC shall jointly make an assessment of the performance of 
17 
all insurance providers, based upon the report of the NLRC and the 
18 
POEA on their respective interactions and experiences with the 
19 
insurance companies, and they shall have the authority to ban or 
20 
blacklist such insurance companies which are known to be evasive 
21 
or not responsive to the legitimate claims of migrant workers. The 
22 
Department of Labor and Employment shall include such 
23 
assessment in its year-end report to Congress. 
24 
For purposes of this section, the Department of Labor and 
25 
Employment, IC, NLRC and the POEA, in consultation with the 
26 
recruitment/manning agencies [and], legitimate non-government 
27 
organizations advocating the rights and welfare of overseas Filipino 
28 
workers, AND INSURANCE COMPANIES shall formulate the 
29 
necessary implementing rules and regulations. 
30 
 
31 
The foregoing provisions on compulsory insurance coverage shall be 
32 
subject to automatic review through the Congressional Oversight 
33 
Committee [immediately after three (3)] EVERY FIVE (5) years from 
34 
the effectivity of this Act in order to determine its efficacy in favor of 
35 
the covered overseas Filipino workers and the compliance by 
36 
FOREIGN EMPLOYERS, OR recruitment/manning agencies and 
37 
insurance companies, without prejudice to an earlier review if 
38 
necessary and warranted for the purpose of modifying, amending 
39 
and/or repealing these subject provisions. FOR THIS PURPOSE, 
40 
THE CONGRESSIONAL OVERSIGHT COMMITTEE CREATED 
41 
UNDER REPUBLIC ACT NO. 10022, ENTITLED “AN ACT 
42 
AMENDING REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS 
43 
THE MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 
44 
1995, AS AMENDED, FURTHER IMPROVING THE STANDARD 
45 
OF PROTECTION AND PROMOTION OF THE WELFARE OF 
46 
MIGRANT WORKERS, THEIR FAMILIES AND OVERSEAS 
47 
FILIPINOS IN DISTRESS, AND FOR OTHER PURPOSES”, SHALL 
48 
CONTINUE TO EXIST UNTIL ITS MANDATE IS TERMINATED BY 
49 
AN ACT OF CONGRESS.” 
50 
 
51 
SEC. 2. The Department of Labor and Employment, Philippine Overseas 
52 
Employment Administration, National Labor Relations Commission, OWWA and 
53 
the Insurance Commission, after consultations with the stakeholders, shall, 
54 


 
 
 
 
9
within sixty (60) days after the effectivity of this Act, formulate the necessary 
1 
rules and regulations for the effective implementation of this Act.  
2 
 
3 
SEC. 3. All laws, decrees, orders, issuances, rules and regulations or parts 
4 
thereof contrary to or inconsistent with this Act, are hereby repealed or modified 
5 
accordingly. 
6 
 
7 
SEC. 4. This act shall take effect fifteen (15) days after its publication in 
8 
the Official Gazette or in a newspaper of general circulation. 
9 
 
Approved,