NINETEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENATE 
S. No.
V,. 
S)l'ua c
of iijf ctu'j’
23 JAN 31 PI 38
RtCEiVtDBV:
Introduced by Senator MANUEL "LITO" M. LAPID
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. 10381, otherwise known as the "Batas Kasambahay", is the law 
governing the rights and liabilities of both the domestic workers and their respective 
employers.
Under the same law, private employment agencies (PEAs) shall impose the 
following as standard requirements for applicants in facilitating employment of 
domestic helpers: (a) medical certificate or health certificate issued by a local 
government health officer, (b) barangay and police clearance, (c) National Bureau of 
Investigation clearance, and (d) duly authenticated birth certificate, or any other 
document showing the age of the kasambahay.
However, mere submission of these standard requirements is not sufficient to 
protect those who paid for the services of the PEAs. Thus, this bill aims to safeguard 
the employers and their families in their abode against those who might use the PEAs 
in the execution of their criminal intentions through the imposition of greater 
responsibility and accountablity from PEAs. Specifically, the PEAs are held to be


subsidiarily liable in any criminal act committed by a domestic helper against their 
employer in the course of their employment.
In view of the foregoing, early passage of this bill is earnestly sough
LITO" M. LAPID
Senator


NINETEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENATE 
S. No. 1811
‘ 
of ti)P fefct
23 JAN 31 PI :38
RtCEIVEO BV.
Introduced by Senator Manuel "Lito" M. Lapid
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AN ACT
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ESTABLISHING GREATER RESPONSIBILITY AND ACCOUNTABILITY FROM
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PRIVATE EMPLOYMENT AGENCIES, AMENDING FOR THE PURPOSE
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REPUBLIC ACT NO. 10361, OTHERWISE KNOWN AS THE
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"BATAS KASAMBAHAY"
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled:
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Section 1. Section 36 of Republic Act No. 10361, otherwise known as the "Batas
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Kasambahay", is hereby amended to read as follows:
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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


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as non-transferability of license and commission 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 EXTEND 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)l (E>) 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 workers[s] which shall be 
made available during inspections or whenever required by the 
DOLE or local government officials;
[(e)] (F) Assist THE domestic workers[s] with respect to complaints 
of grievances against the[ir] employer[s]; and
[(01 (G) Cooperate with government agencies in rescue operation 
involving AN abused or exploited domestic worker[s]."


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Section 2. A subsection is hereby inserted after Section 36 of the "Batas
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Kasambahay" to read as follows:
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SEC. 36-A. SUBSIDIARY LIABILITY OF PEAs TO CRIMINAL
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ACTS OF DOMESTIC HELPERS IN THEIR EMPLOY. - A PEA
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SHALL BE SUBSIDIARILY LIABLE IN ANY CRIMINAL ACT
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COMMITTED BY A DOMESTIC HELPER AGAINST THEIR
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EMPLOYER IN THE COURSE OF THEIR EMPLOYMENT:
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PROVIDED, THAT SUCH ACCOUNTABILITY SHALL CEASE
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AFTER ONE YEAR FROM THE FIRST DAY OF SUCH
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EMPLOYMENT.
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Section 3. Implementing Rules and Regulations. - Within ninety (90) days from
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the effectivity of this Act, Secretary of Labor and Employment shall, in coordination
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with the Secretary of Social Welfare and Development, the Secretary of Interior and
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Local Government, the Director General of the Philippine National Police, other
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concerned government agencies, and accredited nongovernment organizations
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assisting domestic workers, promulgate the necessary rules and regulations to
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implement this Act.
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Section 4. Separability Clause. - If any provision of this Act is subsequently
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declared invalid or unconstitutional, the other provisions hereof which are not affected
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thereby shall remain in full force and effect.
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Section 5. Repealing Clause. - All laws, executive orders, presidential decrees,
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rules and regulations and other issuances contrary to or inconsistent with this Act shall
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be deemed repealed or modified accordingly.
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Section 6. Effectivity. - This Act shall take effect fifteen (15) days from the date
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of publication in the Official Gazette or in a newspaper of general circulation.
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Approved,