TWENTIETH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE 
S. No. ^55
v:.,'. ^ffirr of ilf' 'ti' u
25 AUG-4 P5 39
RECtIVEO BY:
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
FURTHER AMENDING REPUBLIC ACT NO. 8042, ALSO KNOWN AS THE 
MIGRANT WORKERS AND OVERSEAS FILIPINO ACT OF 1995, AS AMENDED 
BY REPUBLIC ACT NO. 10022 TO ENHANCE PROTECTION AND WELFARE 
STANDARDS FOR MIGRANT WORKERS THROUGH EXPANDED COMPULSORY 
INSURANCE COVERAGE
EXPLANATORY NOTE
Overseas Filipino Workers (OFWs) face unique challenges and vulnerabilities, 
including risks of accidental injury, illness, wrongful termination, and emergencies. 
The amendment to Republic Act No. 8042 strengthens the government's commitment 
to safeguarding OFWs by expanding compulsory insurance coverage, ensuring 
immediate assistance without financial burdens. By requiring recruitment agencies or 
foreign employers to shoulder insurance costs, the principle of "no cost to the worker" 
is upheld, reinforcing the protection of OFWs during times of hardship.
These provisions provide financial security to OFWs and their families during 
life-altering events, reflecting their vital contributions to the economy. Additionally, 
subsistence allowances for workers involved in legal disputes ensure they can pursue 
justice without enduring undue financial hardship.
The suggested legislation sets a strict criteria for qualified insurance providers, 
requiring them to meet a minimum capitalization threshold and maintain ethical


practices. Regular assessments by the Insurance Commission (IC), along with the 
option to blacklist non-compliant insurers, promote accountability, discourage 
unethical behavior, and build confidence in the system.
By enhancing protections and instituting a comprehensive insurance package 
covering all stages of the deployment cycle, the amendment reinforces the country's 
commitment to international labor standards. This demonstrates a dedication to 
upholding migrant workers' rights and addressing exploitation and hardship.
In sum, the proposed bill represents a significant step forward in safeguarding 
OFWs, ensuring they are supported and protected in the face of evolving risks and 
challenges, while maintaining the government's responsibility to its citizens working 
abroad.
In view of the foregoing, the immediate passage of this 
recommended.
is highly
NGSOY EJERCITO ESTRADA


TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
!■ : 
gS>CiU):T
- ■ . .-'(©/fitP of i!(' >* ■ ri 1
25 /lUG -4 P5 ;39
SENATE
S. No. 8o5
RfTrivLD liV:
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
FURTHER AMENDING REPUBLIC ACT NO. 8042, ALSO KNOWN AS THE 
MIGRANT WORKERS AND OVERSEAS FILIPINO ACT OF 1995, AS AMENDED 
BY REPUBLIC ACT NO. 10022 TO ENHANCE PROTECTION AND WELFARE 
STANDARDS FOR MIGRANT WORKERS THROUGH EXPANDED COMPULSORY 
INSURANCE COVERAGE
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assem bled:
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Section 1. Section 37-A of Republic Act No. 8042, as amended, is hereby
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amended to read as follows:
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"Sec. 37-A. Compulsory Insurance Coverage for
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[Agency-Hired] MIGRANT WORKERS OR OVERSEAS
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FILIPINO Workers. - In addition to the performance bond
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to be filed by the recruitment/manning agency under
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Section 10, [each—migrant worker deployed—by a
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rccruitmcnt/mafining agency shall—be covered by a
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compulsory insurance policy which shall be secured] THE
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PRIVATE RECRUITMENT AND MANNING AGENCIES
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ARE REQUIRED TO PROVIDE COMPREHENSIVE
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INSURANCE TO THE MIGRANT WORKERS OR OFWS
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THEY WILL DEPLOY at no cost to the said worker.
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"WITH RESPECT TO OFWS DEPLOYED
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THROUGH OTHER ARRANGEMENTS, SUCH AS BUT


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NOT LIMITED, BALIK-MANGGAGAWA OR REHIRE 
WORKER, DIRECT HIRE WORKER, AND FOR 
GOVERNMENT TO GOVERNMENT HIRED WORKER, 
THE FOREIGN EMPLOYER SHALL BE REQUIRED TO 
SECURE THE COMPREHENSIVE INSURANCE TO THE 
CONCERNED OFW UNDER THE EMPLOYMENT 
CONTRACT, AT NO COST TO THE SAID WORKER.
"[Stteh] SAID insurance policy shall be effective for 
the duration of the migrant worker[1s] OR OFW'S 
employment UNLESS EXPRESSLY STATED 
OTHERWISE IN THE INSURANCE POLICY, [arid] IT 
shall cover, at the minimum:
"(a) X X x;
"X X X
"(e) X X x;
"(f) Money claims arising from employer's liability 
which may be awarded or given to the worker in a 
judgment or settlement of his or her case in the NLRC. 
[The- insurance coverage for—money claims shall be
equivalent to at least three (3) months for every year of
the migrant worker's employment contract];
"[jft addition to the above coverage, the insurance 
policy shall also include:]
"(g) Compassionate visit. When a migrant worker is 
hospitalized and has been confined for at least seven (7) 
consecutive days, he/SHE shall be entitled to a 
compassionate visit by one (1) family member or a 
requested individual. The insurance company shall pay for 
the transportation cost of the family member or requested 
individual to the major airport closest to the place of 
hospitalization of the worker AND BACK TO THE 
PHILIPPINES. It is, however, the responsibility of the


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family member or requested individual to meet all visa and 
travel document requirements;
"(h) X X x; and
"(i) Medical repatriation. When medically necessary 
as determined by the INSURANCE COMPANY'S 
attending physician, repatriation under medical 
supervision to the migrant worker's residence shall be 
undertaken by the insurance provider at such time that the 
migrant worker is medically cleared for travel by 
commercial carrier. If the period to receive medical 
clearance to travel exceeds fourteen (14) days from the 
date of discharge from the hospital, an alternative 
appropriate mode of transportation, such as air 
ambulance, may be arranged. Medical and non-medical 
escorts may be provided when necessary.
"THE INSURANCE COVERAGE ENUMERATED 
ABOVE SHALL BE THE MINIMUM INSURANCE 
COVERAGE WHICH SHALL BE PROVIDED TO THE 
MIGRANT WORKERS OR OFWS BY THE PRINCIPAL 
EMPLOYER OR RECRUITMENT OR MANNING 
AGENCY.
"Only reputable private insurance companies duly 
registered with the Insurance Commission (IC), which are 
in existence and operational for at least FIVE (5) YEARS, 
WITH A NET WORTH IN ACCORDANCE WITH 
SECTION 194 OF THE INSURANCE CODE, AS 
AMENDED, OF AT LEAST [Five hundred million pesos 
(-P500,000,000.00)] ONE BILLION THREE HUNDRED 
MILLION PESOS (Pl,300,000,000.00) to be 
determined by the IC, and with a current year certificate 
of authority shall be qualified to provide for the worker's 
insurance coverage. Insurance companies who have


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directors, partners, officers, employees or agents with 
relatives, within the fourth civil degree of consanguinity or 
affinity, who work or have interest in any of the licensed 
recruitment/manning agencies or in any of the government 
agencies involved in the overseas employment program 
shall be disqualified from providing this workers' insurance 
coverage.
"ALL INSURANCE PROVIDERS CATERING TO 
OFWS SHALL BE REQUIRED TO DIGITALIZE THEIR 
SERVICES TO ENHANCE ACCESSIBILITY, 
EFFICIENCY, AND TRANSPARENCY. THIS 
INCLUDES ONLINE SUBMISSION OF APPLICATION 
FORMS, ISSUING DIGITAL INSURANCE POLICIES, 
MAKING POLICY DETAILS AVAILABLE ONLINE, 
AND INTEGRATING SECURE DIGITAL PAYMENT 
SYSTEMS. EMPLOYERS, RECRUITMENT/MANNING 
AGENCIES SHOULD BE ABLE TO CONVENIENTLY 
PAY FOR OFW INSURANCE ONLINE, FACILITATING 
COMPLIANCE AND REDUCING ADMINISTRATIVE 
BURDENS. PROVIDERS MUST ALSO ESTABLISH AN 
ONLINE PLATFORM FOR THE DIGITAL 
SUBMISSION AND TRACKING OF CLAIMS, 
ENSURING A STREAMLINED AND EFFICIENT 
PROCESS FOR OFWS AND THEIR BENEFICIARIES.
"TO ENSURE AUTHENTICITY AND 
RELIABILITY, THE DEPARTMENT OF MIGRANT 
WORKERS (DMW) AND THE INSURANCE 
COMMISSION SHALL IMPLEMENT A VERIFICATION 
SYSTEM TO VALIDATE THE LEGITIMACY OF ALL 
ISSUED DIGITAL POLICIES. THIS VERIFICATION 
MECHANISM TO PREVENT FRAUDULENT 
INSURANCE SCHEMES, PROTECT OFWS FROM


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ILLEGITIMATE PROVIDERS, AND ENSURE THAT 
ONLY ACCREDITED AND COMPLIANT INSURERS 
ARE ALLOWED TO OPERATE.
"ALL INSURANCE PROVIDERS CATERING TO 
OVERSEAS FILIPINO WORKERS (OFWS) SHALL BE 
REQUIRED TO TRANSITION TO DIGITAL 
PLATFORMS FOR IMPROVED ACCESSIBILITY, 
EFFICIENCY, AND TRANSPARENCY. INSURANCE 
PROVIDERS MUST DEVELOP AND MAINTAIN AN 
ONLINE SYSTEM.
"THE DIGITAL INSURANCE PLATFORM SHALL 
PROVIDE OFWS WITH AN EASILY ACCESSIBLE 
INTERFACE TO REVIEW POLICY TERMS, 
CONDITIONS, AND COVERAGE DETAILS. 
EMPLOYERS, RECRUITMENT/MANNING AGENCIES, 
SHALL ALSO BE GRANTED ACCESS TO FACILITATE 
COMPLIANCE AND ENSURE TIMELY INSURANCE 
PAYMENTS FOR THEIR WORKERS.
"The PRINCIPAL EMPLOYER AND/OR 
recruitment/manning agency WHO WILL PROCURE 
THE INSURANCE POLICY OF A MIGRANT WORKER 
OR OFW shall have the [fi§t»t] FREEDOM to choose 
[from] AMONGST any of the qualified AND DULY 
ACCREDITED insurance providers [the company that will 
insure the] TO COVER THEIR DEPLOYED migrant 
worker [it will deploy]. After procuring [sueh] THE 
REQUIRED insurance policy, the PRINCIPAL 
EMPLOYER AND/OR recruitment/manning agency shall 
provide an authenticated copy thereof to the migrant 
worker [^-^t] AND shall then submit the certificate of 
insurance coverage of the migrant worker to [POEA] THE 
DMW as [a] PART OF THE MANDATORY requirements


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for the issuance of an Overseas Employment Certificate 
(OEC) to the migrant worker. [In the case of seafarers who 
are-insured under policies issued by foreign-msuranec
companies, the POEA shall -accept certificates or other
proofs of cover from—recruitment/monning agencies:
Provided,—That the—minimum—coverage—under sub-
paragraphs (a) to (i) are included therein.]
"THE PRINCIPAL EMPLOYER AND/OR 
RECRUITMENT/MANNING AGENCY SHALL ASSIST 
THE MIGRANT WORKER OR OFW OR HIS/HER 
BENEFICIARY IN THE PROCESSING OF CLAIMS 
AGAINST THE INSURER.
"Any person having a claim upon the policy issued 
pursuant to subparagraphs (a), (b), (c), (d) and (e) of this 
section shall present to the insurance company concerned 
a [written -notice of] claim EITHER MANUALLY 
WRITTEN OR SUBMITTED THROUGH A SECURE 
DIGITAL PORTAL, together with pertinent supporting 
documents. The insurance company shall forthwith 
ascertain the truth and extent of the claim and make 
payment within ten (10) days from [the-fitieg of the notice 
of claim] RECEIPT OF ALL THE REQUIRED 
DOCUMENTARY REQUIREMENTS FOR THE CLAIM.
"x X X
"For repatriation under subparagraph (d) hereof, a 
certification which states the reason/s for the termination 
of the migrant worker's employment and the need for his 
or her repatriation shall be issued by the [Philippine foreign 
post or the Philippine Overseas Labor Office (POLO)
located in the receiving country] MIGRANT WORKERS 
OFFICE (MWO), OR IN HIS ABSENCE, THE EMBASSY


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OR CONSULAR OFFICIAL LOCATED IN THE 
RECEIVING COUNTRY.
"For subsistence allowance benefit under 
subparagraph (e), the concerned [labor attache] MWO or, 
in his absence, the embassy or consular official shall issue 
a certification which states the name of the case, the 
names of the parties and the nature of the cause of action 
of the migrant worker.
"For the payment of money claims under 
subparagraph (f), the following rules shall govern:
"(1) After a decision has become final and executory 
[or—a—sctticmcnt/compromisc—agreement—has—been
reached between the parties at the NLRC], an order shall 
be released mandating the respondent 
recruitment/manning agency to pay the amount adjudged 
[or agreed upon] within thirty (30) days;
"(1-A) THE LIABILITY OF THE INSURANCE 
COMPANY SHALL BE LIMITED TO THE UNEXPIRED 
PORTION OF THE WORKER'S SALARY UNDER THE 
EMPLOYMENT CONTRACT. ANY PORTION OF THE 
CONTRACT AWARDED TO THE WORKER AS 
COMPENSATION FOR UNPAID SALARY FOR WORK 
ALREADY RENDERED, DAMAGES, PLACEMENT 
FEES, OVERTIME, OR OTHER MISCELLANEOUS 
FEES SHALL BE BORNE SOLELY BY THE AGENCY. 
THE INSURANCE COMPANY'S LIABILITY SHALL 
DIMINISH PROPORTIONATELY WITH ANY 
REDUCTION IN THE UNEXPIRED PORTION OF THE 
WORKER'S SALARY;
"(1-B) THE INSURANCE COMPANY SHALL 
NOT BE LIABLE IF THE RECRUITMENT AGENCY IS


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NOT THE ONE WHO DEPLOYED THE OFW OR 
SEAFARERS;
"(2) The recruitment/manning agency shall then 
immediately file a notice of claim with its insurance 
provider for the amount of liability insured, attaching 
therewith a copy of the decision or compromise 
agreement;
"(3) Within ten (10) days from the [filing of notice 
of claim] RECEIPT OF ALL THE REQUIRED 
DOCUMENTARY REQUIREMENTS FOR THE CLAIM,
the insurance company shall make payment to the 
recruitment/manning agency the amount adjudged [or 
a§rcGd upon], or the amount of liability insured, whichever 
is lower. After receiving the insurance payment, the 
recruitment/manning agency shall immediately pay the 
migrant worker's claim in full, taking into account that in 
case the amount of insurance coverage is insufficient to 
satisfy the amount adjudged or agreed upon, it is liable to 
pay the balance thereof;
"(4) X X x;
"x X X
"(7) XXX.
"x X X."
"THE DMW AND THE INSURANCE 
COMMISSION SHALL OVERSEE THE TRANSITION 
AND ENSURE COMPLIANCE WITH THE 
DIGITALIZATION AND VERIFICATION MANDATE. 
INSURANCE PROVIDERS FAILING TO COMPLY 
WITH THIS MANDATE SHALL BE SUBJECT TO 
PENALTIES, INCLUDING SUSPENSION OF 
ACCREDITATION FOR OFW-RELATED INSURANCE


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SERVICES AND OTHER REGULATORY ACTIONS AS
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DEEMED NECESSARY."
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Sec. 2. Separability Clause. — If any provision or part hereof is held invalid or
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unconstitutional, the remainder of the law or the provision or part not otherwise
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affected shall remain valid and subsisting.
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Sec. 3. Repealing Clause. — Any law, presidential decree or issuance, executive
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order, letter of instruction, administrative order, rule, or regulation contrary to or
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inconsistent with the provisions of this Act are hereby repealed, modified, or amended
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accordingly.
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Sec. 4. Effectivity. - This Act shall take effect fifteen (15) days after its
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publication in the Official Gazette or in a newspaper of general circulation.
Approved,