CONGRESS OF THE PHILIPPINES
FIFTEENTH CONGRESS
First Regular Session

HOUSE OF REPRESENTATIVES

2 244

House Bill No.

Introduced by REPRESENTATIVE MARK A. VILLAR

EXPLANATORY NOTE
7 This bill is submitted under the principle of parens patriae. Under the doctrine
thé government's full intervention is needed when the health, comfort and welfare of the
people are threatened. This universal policy of the State, serving as parents of its
citizens, act to champion the rights of the underprivileged. In this legislation, the
doctrine is applied to the best interest of one of the most deprived sectors of the
population, the underage migrant workers.

There are instances when minor children, despite prohibition, become overseas
migrant workers through the machinations of some unscrupulous individuals. The
hardships of our minor OFWs are tales of combined abuse and the corrupted system
Underage Filipino children are being recruited to work overseas and they make extra-

——‘ ordinary sacrifices to support their families. In the worst situations, these minor OFWs
-are trapped in situations of forced labor or have been trafficked into forced domestic
work under conditions akin to slavery. It is one of the worst forms of child abuse.

~ This legislation, which is an amendment to Republic Act No. 8042 or the Migrant
Workers Act, is submitted to address this concer. The bill thus provides that the license
of a recruitment or placement agency which deployed an underage migrant worker be
automatically revoked. Further, all fees paid anent the processing of documents and
dossiers required in recruitment or deployment of a minor OFW shall be refunded in full,
without need of notice. The refund shall be in addition to the indemnification or damages

-. sustained by the underage migrant worker.

_ _ In view of thereof, | recomment the enactment of this bill

~ pte AOE

“MARK A. VILLAR
= Representative
Lone District of Las Pifias City



CONGRESS OF THE PHILIPPINES
FIFTEENTH CONGRESS
First Regular Session

HOUSE OF REPRESENTATIVES
1244

House Bill No.

Introduced by REPRESENTATIVE MARK A. VILLAR

AN ACT PROVIDING FOR THE AUTOMATIC REVOCATION OR
CANCELLATION OF THE LICENSE OF A PLACEMENT OR RECRUITMENT
AGENCY WHICH RECRUITED OR DEPLOYED AN UNDERAGE MIGRANT
WORKER AND THE MANDATORY REFUND OF ALL FEES PAID BY
REPATRIATED MINOR OFWs, AMENDING FOR THE PURPOSE PERTINENT
PROVISIONS OF REPUBLIC ACT NUMBER 8042, OTHERWISE KNOW AS THE
“MIGRANT WORKERS AND OVERSEAS FILIPINO ACT OF 1995”

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

SECTION 1, Section 16 of Republic Act No. 8042, otherwise known as the
Migrant Workers Act of 1995 is hereby amended to read as follows:

“SEC. 16. MANDATORY REPATRIATION OF UNDERAGE
MIGRANT WORKERS. - Upon discovery or being informed of the
presence of migrant workers whose actual ages fall below the
minimum wage requirement for overseas deployment, the responsible
officers in the foreign service shall without delay repatriate said workers
and advise the Department of Foreign Affairs through the fastest
means of communication available of such discovery and other
relevant information.


THE LICENSE OF THE RECRUITMENT OR PLACEMENT
AGENCIES WHICH RECRUITED OR DEPLOYED AN UNDERAGE
MIGRANT WORKER SHALL BE AUTOMATICALLY REVOKED.

ALL FEES PAID RELEVANT TO THE PROCESSING OF
PAPERS OR DOCUMENTS RELEVANT TO THE RECRUITMENT OR
DEPLOYMENT SHALL BE REFUNDED IN FULL, WITHOUT NEED
OF NOTICE, TO THE UNDERAGE MIGRANT WORKER OR TO HIS
PARENTS OR GUARDIAN. THE REFUND SHALL BE
INDEPENDENT AND iN ADDITION TO THE INDEMNIFICATION AND
DAMAGES SUSTAINED BY THE UNDERAGE MIGRANT WORKER.
THE REFUND SHALL BE PAID WITHIN THIRTY (30) DAYS FROM
THE DATE OF THE MANDATORY REPATRIATION AS PROVIDED
IN THIS ACT.”

SECTION 2. Within thirty (30) days after the enactment of this Act, the

Department of Labor and Employment shall issue the necessary rules and

regulations to implement the provisions of this Act.

SECTION 3. This Act shail take effect fifteen (15) days after its complete

publication in the Official Gazette or in at least two (2) newspapers of general

circulation, whichever is earlier.

Approved,