THIRTEENTH CONGRESS OF THE REPUBLIC) 
First Regular Session 
) 
OF THE PHILIPPINES 
) 
'04 ,,iX 26 iii,i 20 
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S E N A T E  
. . ., ., 
S. No. 
Introduced by Senator Manuel "Lito" M. Lapid 
EXPLANATORY NOTE 
Republic Act 8042 or the Migrant Workers Act of 1995 has been crafted 
specifically to provide protection and benefits to an estimated seven (7) million 
documented migrant employed in various parts of the globe. For many years 
now, these migrant workers have played a major role in keeping the Philippine 
economy from going bankrupt, particularly during the financial crunch during the 
1990s. Today, our migrant workers have evolved to become the biggest dollar 
earners for the country, when they used to be behind the semi-conductor and 
garment industries. This is the reason why the government has branded migrant 
workers as our modern day heroes. 
Be that as it may, migrant workers end up in a sorry state in foreign lands 
where they have been deployed for work. Several of them have become victims 
of injustices by their foreign employers, such as non-payment of wages, sexual 
and physical abuse and maltreatment. This is not to mention risking their lives in 
war stricken countries like in the Middle East, just to make a living. The recent 
incident that almost ended the life of Angelo dela Cruz in Iraq is a classic 
example of the kind of life they have to endure away from their loved ones. 
It is about time that the Government give migrant workers their due by 
providing them and their family insurance, retirement, health and educational 
benefits as contained in this proposed measure to ensure their financial security 
in the event that they give up working abroad permanently. 
I appeal to my colleagues to join me in the immediate passage of this bill. 
n, 
MANUEL "LIT0 M. LAPiD 
wSENAToR r 


THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
”04 I iLiL 21, 
/\ ’7 :i’O 
First Regular Session 
) 
S E N A T E  
S. No. 
Introduced by Senator Manuel “Lito” M. Lapid 
AN ACT 
PROVIDING RETIREMENT, INSURANCE, HEALTH AND EDUCATIONAL 
BENEFITS TO MIGRANT WORKERS AND THEIR DEPENDENTS AMENDING 
FOR THE PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. 8042 
OTHERWISE KNOWN AS “MIGRANT WORKERS AND OVERSEAS FILIPINOS 
ACT OF 1995, AND FOR OTHER PURPOSES 
Be it enacted by the Senafe and House of Representatives of the Philippines in 
Congress assembled: 
SECTION. 1. - Insert a new Chapter IX and new Sections 32,33,34 and 
35 to RA 8042 to read as follows: 
IX. RETIREMENT AND INSURANCE BENEFITS 
“SEC. 32. PENSION AND RETIREMENT BENEFIT SCHEME FOR 
MIGRANT WORKERS. - IN ORDER TO SECURE THE FUTURE OF RETIRING 
MIGRANT WORKERS, SPECIALLY THOSE WHOSE EARNINGS DURING 
THEIR 
YEARS 
OF 
EMPLOYMENT ABROAD 
TURN 
OUT 
TO BE 
INSUFFICIENT; THE OWWA, THROUGH ITS ACCREDITED PRIVATE 
INSURANCE COMPANIES, SHALL DEVISE AND MANAGE A PENSION AND 
RETIREMENT PLAN FOR ALL MIGRANT WORKERS WHO HAVE BEEN 
EMPLOYED ABROAD 
FOR AT LEAST FIFTEEN (15) YEARS. SUCH 
BENEFITS SHALL BE DESIGNED IN SUCH A WAY SIMILAR TO THE 
RETIREMENT REMUNERATION OF GOVERNMENT EMPLOYEES UNDER 
THE GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS). THE SCHEME 
SHALL ENSURE MONETARY CLAIMS OF MIGRANT WORKERS OR THEIR 
LEGAL DEPENDENTS, UPON REACHING THE AGE OF SIXTY FIVE (E).” 
I 


“SEC. 33. NON-WAGE PAYMENT lNSURANCE FOR MIGRANTS - IN 
ORDER TO PROTECT MIGRANT WORKERS FROM UNSCRUPULOUS 
FOREIGN EMPLOYERS AS WELL AS FREE THE SERVICE EXPORTER 
COMPANIES FROM MONETARY LAIBILITY IN THE EVENT OF NON- 
PAYMENT OF WAGES, AN INSURANCE SCHEME FOR THE PURPOSE 
SHALL BE PUT IN PLACE TO ASSURE WORKERS OF RECEIVING WHAT IS 
LEGALLY DUE THEM. THE INSURANCE SYSTEM SHALL BE ESTABLISHED 
AND MANAGED BY OWWA THROUGH ITS ACCREDITED PRIVATE 
INSURANCE COMPANIES. 
I 
“SEC. 34, HEALTH INSURANCE FOR MIGRANT WORKERS - FOR 
PURPOSES OF ENSURING THAT THE HOSPITALIZATION NEEDS AND 
REQUIREMENTS 
OF 
MIGRANT 
WORKERS 
AND 
THEIR 
LEGAL 
DEPENDENTS, PARTICULARLY THOSE WHOSE NATURE OF WORK RUN A 
HIGH RISK TO THEIR HEALTH, MEMBERSHIP TO PRIVATE HEALTH 
INSURANCE COMPANIES SHALL BE ACQUIRED BY OWWA FOR ALL 
MIGRANT WORKERS, IN ADDITION TO THE MANDATORY MEMBERSHIP 
WITH 
THE 
PHILIPPINE 
HEALTH 
INSURANCE 
CORPORATION 
(PHILHEAL TH). 
“SEC. 35. FUNDING SOURCE FOR RETIREMENT AND INSURANCE 
BENEFITS 
OF MGRANT 
WORKERS 
- 
FOR 
THE 
EFFECTIVE 
IMPLEMENTATION OF THESE BENEFITS, AN AMOUNT OF TEN DOLLARS 
($10) CONTRIBUTION FOR EVERY OCWs DEPLOYED, SHALL BE 
COLLECTED BY THE OWWA FROM ALL ITS LICENSED SERVICE 
EXPORTER COMPANIES FOR A PERIOD NOT TO &GEED 
TWO (2) YEARS 
OR UNTIL SUCH TIME THAT AN AMOUNT OF ONE BILLION PESOS 
(Pl,OOO,OOO,OOO.OO) SHALL HAVE BEEN ACCUMULATED AS SEED FUND, 


Sec. 2. - Section 37 of RA 8042, is hereby amended to read as 
follows: 
“Sec. 37. The Congressional Migrant Workers Scholarship Fund. - There 
is hereby created a Congressional Migrant Workers Scholarship Fund which 
shall benefit deserving migrant workers and/or their immediate descendants 
below twenty-one (21) years of age who intend to [pursue courses or training 
primarily in the field of science and technology] ENROLL OR ARE CURRENTLY 
ENROLLED PREFERABLY IN EXISTING STATE UNIVERSITIES AND 
COLLEGES (SUCs) WITHIN THE PHILIPPINES. The initial seed fund of Two 
hundred million pesos (P200,000,000.00) 
shall be constituted from the following 
sources: 
( 4  xxx 
(b) xxx 
The Congressional Migrant Workers Scholarship Fund as herein created 
shall be administered by the DOLE in coordination with the [Department of 
Science and Technology (DOST)] COMMISSION ON HIGHER EDUCATION 
(CHED). To carry out the objectives of this section, the DOLE and the [DOST] 
CHED shall formulate the necessary rules and regulations. 
Sec. 3. Separability Clause, - If, for any reason, any section or provision 
of this Act shall be held unconstitutional or invalid, the other section or provision 
not otherwise affected shall remain valid thereby. 
Sec. 4. Repealing Clause. - All laws, Decrees, Issuances, Executive 
Orders, Letters of Instruction, rules or regulations or parts thereof inconsistent 
with the provisions of this Act are hereby repealed or modified accordingly. 
Sec. 5. Eifeciivity Clause. - This Act shall take effect fifteen (15) days 
from the date of its publication in at least two (2) newspapers of general 
circulation. 
Approved,