Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

5714

HOUSE BILL No.

Introduced by BAYAN MUNA Rep. NERI J. COLMENARES

AN ACT INCREASING THE AMOUNT AND EXPANDING THE USE OF ‘THE
LEGAL ASSISTANCE FUND, AMENDING FOR THE PURPOSE SECL1ONS 25
AND 26 OF REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS “T1115,
MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995”, AS AMENDED

EXPLANATORY NOTE

‘The case of Mary Jane Veloso, a 30-year old mother of two from Nueva Ecija, who was charged
with smuggling of illegal drugs and sentenced to die in Indonesia, mirrors the tragedy of many
overseas Filipino workers who, in seeking better job opportunities abroad, become vietims of
human and drug trafficking and other forms of exploitation,

Veloso is one of the 6,000 Filipinos who go abroad daily. The Overseas Filipino Workers
(OFWs) have become the highest income generator for the country, whose personal remittances
in 2014 set an all-time high for the Philippines at $26.93 billion according to the Banko Sentral
ng Pilipinas.

Yet, the contribution of OFWs to the country’s economy does not seem to be reciprocated by
the government’s support and attention to theie plight. Based on reports from Migrante
International, many Ol-Ws are subjected (o different kinds of abuse or suffer inhumane
conditions in the places they work. The lucky ones are able to come back home, but those
unlucky may end up killed or locked up in jail, and also get to die if sentenced to death.

Based on reports and claims of Veloso’s family, Veloso was not provided with timely and
adequate government assistance. Despite their efforts and requests to the Philippine Department
of Foreign Affairs (DFA) since 2010, Veloso was not provided with a lawyer or translator by the
Philippine government since her interrogation by the Indonesian police until the end of the tral.
It was only during the appeals stage that the Philippine embassy availed of the services of
Indonesian law firm Rudyantho & Partners (R&P),

Philippine Embassies abroad claim that lack of fands makes it difficult for government to
provide legal services to Filipinos abroad undergoing trial. Some members of Congress have


pressed for bigger budget for the legal assistance fund as a result of this claitn, but the budget
continues to allocate very litle funds for OFWs.

Various laws have appropriated millions of pesos for legal assistance of OFWS like Veloso, The
Migrant Workers’ Act of 1995, as amended by RA 10022, provided for P100 Million legal
assistance fund (ILA), which shall “be used exclusively to provide legal services to migrant
workers and overseas Filipinos in distress...” which “shall include the fees for the foreign
lawyers to be hired by the Legal Assistant for Migrant Workers Aflairs to represent migiant
workers facing charges or in filing cases against erring or abusive employers abroad, bail bonds
to secure the temporary releases and other litigation expenses.” Republic Act No. 10651 ot the
FY 2015 General Appropriations Act likewise provided P100 Million Legal Assistance Fund
under the budget allotment for the DFA. The Omnibus Rules and Regulations Implementing
R.A. No, 8042, as amended, however, seems to have limited its application by providing a
specific set of instances wherein the Legal Assistance Fund may be accessed, namely (1) upon
the absence of a counsel de oftio or court-appointed lawyer or, (2) at all instances, upon conviction
and the penalty meted is life imprisonment or death.

With about 88 Filipinos facing death penalty abroad, mostly in China and Malaysia, according to
the Department of Foreign Affairs (DFA), and at least 7,000 OFWs in jails abroad according to
Migrante, there is a need to ensure that there is adequate fund for the Legal Assistance Fund and
hat this fund is actually used to assist our OFWs,

However, President Benigno Aquino IIL, in his Veto Message dated December 23, 2014,
conditionally vetoed Special Provision Section 11 Legal Assistance Fund of the DPA: “the
‘approptiations in this ‘Act clearly suggest the lack of income sources to justify the creation of «
special fund”. This means that there will be fund allocation for the legal assistance of OFW
unless somebody identifies a specific source of fund.

‘The bill aims to increase the allotment for legal assistance fund for migrant and overseas Filipino
workers to at least P1 Billion pesos per year and to expand the uses of legal assistance fund to
ensure that those languishing in jails, especially those in death rows, will be given a chance to
avail of legal services from the start of trial. This amount will roughly cover more than 2,000"
OFWs in jails abroad

Itis the government's responsibility to provide timely and adequate legal assistance to OFWs in
distress. By passing this bill chat will ensure that funds are readily available for the legal needs of
our OFWs in distress, we ean save more OFWS' lives.

Hence, support for this bill is earnestly sought

Approved,
ny

forts J. a [ENARES
Bayan buna Party-list

* Based on pe ase average of P4500 in fees, according to Senate fnance subcommite chairperson Len Lag
ila/local-nesis/2014/11/26hinay-sccks-p00-m increase ofws-lgalassistanes. fund 378h

cited on pail 29, 2015,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

HOUSE BILL No._ 5714

Introduced by BAYAN MUNA Rep. NERI J. COLMENARES

AN ACT INCREASING THE AMOUNT AND EXPANDING THE USE OF TILE
LEGAL ASSISTANCE FUND, AMENDING FOR THE PURPOSE SECTIONS 25
AND 26 OF REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS “THE
MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995”, AS AMENDED.

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

SECTION 1. Section 26 of Republic Act No. 8042, otherwise known as the “Migrant Workers
and Overseas Filipinos Act of 1995”, as amended by R.A. No. 10022, is hereby amended to read
as follows:

SEC. 26. Uses of the Legal Assistance Fund. - The Legal Assistance Fund created under the
preceding section shall be used exclusively to provide legal services to migrant workers
and overseas Filipinos in distress in accordance with the guidelines, criteria and
procedures promulgated in accordance with Section 24 (a) hereof. The expenditures to
be charged against the Fund shall include the fees for the foreign lawyers to be hired by
the Legal Assistant for Migrant Workers Affairs to represent migrant workers facing
charges or in filing cases against erring or abusive employers abroad, bail bonds to secure
the temporary releases and other litigation expenses;

PROVIDED, THAT THE LEGAL ASSISTANCE FUND SHALL AT ALT
TIMES BE MADE AVAILABLE AT ‘THE TIME OF PHM ARRES'S OR
CHARGING ALL THE WAY TO THE TRIAL PROPER AND AT ALL
LEVELS OF APPEAL FOR ALL MIGRANT WORKERS FACING CHARGES
ESPECIALLY ‘CHOSE CHARGED WITH PRESCRIBED PENALTY OF LIFE
IMPRISONMENT OR DEATH;

Provided, That at the end of every year, the Department of Forcign Affairs shall include in
its report to Congress, as provided for under Section 33 of this Act, the status of the
Legal Assistance Fund, including the expenditures fom the 4 said fund duly audited by
the Commission on Audit (COA);

Prowided, further, That the hiring of foreign legal counsels, when 6 citcumstances wartant
urgent action, shall be exempt from the coverage of 7 Republic Act No. 9184 of the
Government Procurement Act.”


SECTION 2. Section 25 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
amended to read as follows:

“SEC. 25, Legal Assistance Fund, ~‘There is hereby established a legal assistance
fund for migrant workers, hereinafter referred to as the Legal Assistance Fund, in the
amount of one hundred million pesos (P100,000,000.00) to be constituted from the
following sources.

“Fifty million pesos (50,000,000.00) from the Contingency Fund of the President;
“Thirty million pesos (30,000,000.00) from the Presidential Social Funds

“Twenty million pesos (20,000,000.00) from the Welfare Fund for Overseas Workers
established under Letter of Instructions No. 537 as amended by Presidential Decree
Nos. 1694 and 1809; and

“An amount appropriated in the annual General Appropriations Act (GAA) which
shall not be less than ONE BILLION PESOS (P1,000,000,000.00) [Thirty million
Pesos (30,000,000.00)] per year: Provided, shat the balance of the Legal Assistance
Fand (LAF) including the amount appropriated for the year shall not be less than
one hundred million Pesos (P100,000,000.00): PROVIDED, FURTHER, THAT
‘THE PRESIDENT MAY INCREASE THE AMOUNT APPROPRIATED
FOR LEGAL ASSISTANCE FUND, SHOULD THE FUND PROVE
INADEQUATE TO COVER ALL OFWS FACING CHARGES: Provided,
further, That the fund shall be treated as a special fund in the National Treasury and,
its balance, including the amount appropriated in the GAA, which shall form part of
the Fund, shall not revert to the General Fund.

“Any balances of existing funds which have been set aside by the government specifically
as legal assistance or defense fund to help migrant workers shall upon effectivity of this
Act, be turned over to, and form part of, the Fund created under this Act.”

SECTION 3. Repealing Clause. - All laws, orders, issuances, rules and regulations or part
thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified
accordingly.

SECTION 4. Effectivity Clause. - This Act shall take effect within fifteen (15) days after its
publication in the Official Gagette ot in at least two (2) newspapers of general circulation,

whichever comes earlier.

Approved,