NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S. No.
SENATE
2109
gjfuats
of tl)p ftyi’n diirp
23 MAY -3 All 35
Introduced by Senator Christopher Lawrence "Bong" T. Go
AN ACT
ESTABLISHING GREATER RESPONSIBILITY AND ACCOUNTABILITY FROM 
PRIVATE EMPLOYMENT AGENCIES, AMENDING FOR THE PURPOSE 
REPUBLIC ACT NO. 10361, OTHERWISE KNOWN AS THE "BATAS 
KASAMBAHAY"
EXPLANATORY NOTE
Republic Act No. 10361, otherwise known as the "Batas Kasambahay" is one 
of the legislations that protects and ensures the rights of domestic workers or 
kasambahays who may be hired directly by the employer or through a Private 
Employment Agency (PEA). The law provides that prior to the execution of the 
employment contract, pre-employment requirements shall be submitted to the PEA 
for domestic workers hired through PEAs. The submission of standard requirements 
and documents for applicants will serve as the basis for background checking of 
every applicant before hiring them.
PEAs therefore have a responsibility to ensure the not only the rights, but 
also the accountability of domestic workers. There were reported instances wherein 
PEAs will be used by those with criminal minds to enter the homes of unsuspecting 
employers. To deter such instances, this bill aims to provide protection for 
employers who paid for the services of the PEAs by establishing and imposing 
greater responsibility and accountability from PEAs. This legislation will further 
safeguard the employers against those who might use PEAs as an entry point to do 
their criminal intentions.


In view of the foregoing, approval of this bill is earnestly sought.
SENATOR CHRISTOPHERaAWRENCE "BONG" T. GO


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
o( II)?
23 MAY -3 All 35
SENATE
2109
S. No.
Introduced by Senator Christopher Lawrence "Bong" T. Go
AN ACT
ESTABLISHING GREATER RESPONSIBILITY AND ACCOUNTABILITY FROM 
PRIVATE EMPLOYMENT AGENCIES. AMENDING FOR THE PURPOSE 
REPUBLIC ACT NO. 10361. OTHERWISE KNOWN AS THE “BATAS 
KASAMBAHAY'
Be it enacted by the Senate and House of Representatives of the Philippines 
in Congress assembled:
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SECTION 1. Background Check for Domestic Workers. - Section 36 of 
Republic Act No. 10361, otherwise known as the "Batas Kasambahay, is 
hereby amended to read as follows:
"SEC. 36. Regulation of Private Employment Agencies (PEAs). - The 
DOLE shall, through a system of licensing and regulation, ensure the protection 
of BOTH THE domestic workers hired through the PEAs AND THEIR 
EMPLOYERS.
"The PEA shall be jointly and severally liable with the employer for all the 
wages, wage-related benefits, and other benefits due a domestic worker.
"The provision of Presidential Decree No. 442, as amended, otherwise 
known as the labor Code of the Philippines', on qualifications of the PEAs with 
regard to nationality, net worth, owners and officers, office space and 
other requirements, as well as non-transferability of license and commission


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of prohibited practices, shall apply.
"In addition, PEAs shall have the following responsibilities:
"(A) CONDUCT A DILIGENT BACKGROUND CHECK AND ACTUAL 
VERIFICATION OF THE IDENTITY. PERSONAL 
CIRCUMSTANCES AND FAMILY BACKGROUND OF THE 
DOMESTIC HELPER AND. TO THE EXTENT POSSIBLE. USE 
RELEVANT DOCUMENTS FOR SUCH VERIFICATION SUCH AS 
CLEARANCES FROM THE NATIONAL BUREAU OF 
INVESTIGATION. POLICE. AND BARANGAY. AND THE BIRTH 
CERTIFICATE OF THE DOMESTIC HELPER;
"[(a)] (B) Ensure that THE domestic worker[s are] IS not charged or
levied any recruitment or placement fees;
"[(b)] (C) Ensure that the employment agreement between the domestic 
worker and the employer stipulates the terms and conditions of 
employment and all the benefits prescribed by this Act;
"[(c)] (D) Provide a pre-employment orientation briefing to the domestic 
worker and the employer about their rights and responsibilities in 
accordance with this Act;
"[(d)] (E) Keep copies of employment contracts and agreements pertaining 
to THE recruited domestic worker[s] which shall be made available 
during inspections or whenever required by the DOLE or local 
government officials:
"[(e)] (F) Assist THE domestic worker[s] with respect to complaints or 
grievances against the[ir] employer[s]; and


"[(01 (G) Cooperate with government agencies in rescue operations 
involving AN abused or exploited domestic worker[s]."
SEC. 2. Liability of PEAs. - A subsection is hereby inserted after Section 36 of 
the "Batas Kasambahay" to read as follows:
SEC. 36-A. SUBSIDIARY LIABILITY OF PEAs TO CRIMINAL ACTS 
OF DOMESTIC HELPERS IN THEIR EMPLOY. - A PEA SHALL BE 
SUBSIDIARILY LIABLE IN ANY CRIMINAL ACT COMMITTED BY A 
DOMESTIC HELPER AGAINST THEIR EMPLOYER IN THE COURSE OF 
THEIR EMPLOYMENT: PROVIDED, THAT SUCH ACCOUNTABILITY 
SHALL CEASE AFTER ONE YEAR FROM THE FIRST DAY OF SUCH 
EMPLOYMENT."
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SEC. 3. Implementing Rules and Regulations. - Within thirty (30) days from
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the effectivity of this Act, the Department of Labor and Employment shall, in
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coordination with the Department of Justice, other concerned government
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agencies and accredited non-government organizations assisting domestic
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workers, promulgate the necessary rules and regulations to implement this
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Act.
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SEC. 4. Separability Clause. - If any part, section, or provision of this Act is
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declared invalid or unconstitutional, the other provisions not affected by such
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declaration shall remain in full force and effect.
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SEC. 5. Repealing Clause. - All laws, decrees, orders, rules and regulations
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or issuances inconsistent with the provisions of this Act are hereby repealed,
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amended, or modified accordingly.
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SEC. 6. Effectivity. - This Act shall take effect fifteen (15) days after its
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publication in the Official Gazette or in a newspaper of general circulation. 
Approved,