EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE
s. NO. 
787
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•19 
JUL 25 P4 "49
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INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
GRANTING THE OVERSEAS FILIPINO WORKERS THE RIGHT TO EQUAL 
PROTECTION ON MONEY CLAIMS, AMENDING FOR THE PURPOSE THE FIFTH 
PARAGRAPH OF SECTION 10 OF REPUBLIC ACT NO. 8042, AS AMENDED BY 
REPUBLIC ACT NO. 10022
EXPLANATORY NOTE
As stated in the case of "Antonio M. Serrano VS Gallant Maritime Services, Inc. 
and Marlow Navigation Co., Inc." under G.R. No. 167614 dated 24 March 2009, the 
clause 'or for three months for every year of the unexpired term, whichever is less' 
appears in the fifth paragraph of Section 10 of RA 8042, specifically:
"Sec. 10. Money Claims. -  x x x 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 three 
(3) months for every year of unexpired term, whichever is less."
X X X X (Emphasis and underscoring supplied) 
was declared by the Supreme Court as unconstitutional for violating the equal 
protection clause of the 1987 Philippine Constitution.
In Serrano, the Supreme Court held that:
"In sum, prior to R.A. No. 8042, OFWs and local workers with fixed- 
term employment who were illegally discharged were treated alike 
in terms of computation of their money claims: they were uniformly 
entitled to their salaries for the entire unexpired portions of their 
contracts. But with the enactment of R.A. No. 8042, specifically the 
option of the subject clause, illegally dismissed OFWs with an 
unexpired portion of one year or more in their employment contract


have since been differently treated in that their money claims are 
subject to a 3-month cap, whereas no such limitation is imposed on 
local workers with fixed-term employment.
"The Court concludes that the subject clause contains a suspect 
classification in that, in the computation of the monetary benefits of 
fixed-term employees who are illegally discharged, it imposes a 3 
month cap on the claim of OFWs with an unexpired portion of one 
year or more in their contracts, but none on the claims of other 
OFWs or local workers with fixed-term employment. The subject 
clause singles out one classification of OFWs and burdens it with 
peculiar disadvantage.
X X X  
X X X
X X X
"Thus, the subject clause in the 5th paragraph of Section 10 of R.A.
No. 8042 is violative of the right of the petitioner and other OFWs 
to equal protection."
Unfortunately, notwithstanding the Court's ruling in the Serrano case, the 
unconstitutional clause "or for three months for every year of the unexpired term, 
whichever is less in the fifth paragraph of Section 10 of Republic Act No. 8042 was 
carried over in the current text of Republic Act No. 8042, as amended by Republic Act 
No. 10022 which was passed by Congress on July 27, 2009.
This bill entreats to amend the fifth paragraph of RA 8042's Sec 10 with the 
purpose of harmonizing the text of the law with the SC's decision in the Serrano case. 
This is done by deleting the unconstitutional clause 'or for three months for every year 
of the unexpired term, whichever is less' in the fifth paragraph of the aforementioned 
section in RA 8042, as amended.
In light of the foregoing, the passage of this bill is earnestly sought.
RISA HONTIVEROS 
Senator


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
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3 Ml;.
‘.JU1
SENATE 
s. NO. 
787
(©ftitf of tijf
*19 
JUL25 P4 49
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
GRANTING THE OVERSEAS FILIPINO WORKERS THE RIGHT TO EQUAL 
PROTECTION ON MONEY CLAIMS, AMENDING FOR THE PURPOSE THE FIFTH 
PARAGRAPH OF SECTION 10 OF REPUBLIC ACT NO. 8042, AS AMENDED BY 
REPUBLIC ACT NO. 10022
Be it enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled:
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Section 1. The fifth paragraph of Section 10 of Republic Act No. 8042, otherwise 
known as the "Migrant Workers and Overseas Filipinos Act of 1995", as amended by 
Republic Act No. 10022, is hereby further amended to read as follows:
'Sec. 10. Money Claims.
X X X
X X X
X X X
X X X
"In case of termination of overseas employment without just, valid or authorized 
cause as defined by law or contract, or any unauthorized deductions from the migrant 
worker's salary, the worker shall be entitled to the full reimbursement of his placement 
fee and the deductions made with interest at twelve percent (12%) per annum, plus his 
salaries for the unexpired portion of his employment contract [or for three (3) months 
for every year of the unexpired term, whichever is less].
X X X.


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Sec. 2. All laws, presidential decress, issuances, executive orders, letters of
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instruction, rules or regulations inconsistent with the provisions of this Act are hereby
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repealed or modified accordingly.
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Sec. 3. This Act shall take effect fifteen (15) days after its publication in the
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Official Gazette or in a newspaper of general circulation.
Approved,