Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House BILL NAO?S

Introduced by HON. ROGELIO D. PACQUIAO

EXPLANATORY NOTE

The contribution of overseas Filipino workers (OFWs) to our society is beyond question.
Their remittances play a crucial role in our economy, We owe to them our burgeoning middle
class, They are risking their lives and sacrificing cherished moments with their families so they
can provide them a better life.

Sadly, our government seems unable to keep its side of the bargain. Article XIII, Section
3 (1) of the 1987 Constitution provides that

‘The State shall afford full protection to labor, local and overseas, organized and
unorganized, and promote full employment and equality of employment
opportunities for all

Yet it continues to be weak in terms of providing OFWs protection against the many problems
they face, One such problem is inadequate legal support during criminal prosecu
again, the nation is shocked with news of migrant workers being or about to be executed. The pain
aggravated when we realize that many of these unfortunate migrant workers ai
victims themselves. The recent case of Mary Jane Veloso (who is now on reprieve but still f
the threat of execution) makes us wonder if we have actually exhausted all possible means in order
to save those who are or have been similarly situated,

Sections 25 and 26 of the Republic Act No, 8042 or the “Migrant Workers and Overseas
Filipinos Act of 1995”, as amended, provides that



Sec. 25. Legal Assistance Fund. There is hereby established a legal assistance fund
for migrant workers, herein referred to as Legal Assistance fund, in the amount of
One hundred million pesos (P100, 000, 000.00) xxx

See. 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 A fait
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 at the end of every year, the Department of
Foreign 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
from the said fund duly audited by the Commission on Audit (COA): Provided,
‘further, That the hiting of foreign legal counsels, when circumstances warrant
urgent action, shall be exempt from the coverage of Republic Act No. 9184 or the
Government Procurement Act.

Yet the Omnibus Rules and Regulations of R.A. 8042 has limited the application of these
Sections, providing that

Sec. 3. Legal Assistance Fund. The Legal Assistance Fund created under the Act
shall be used exclusively to provide legal services for Migrant Workers and
Overseas Filipinos in distress in accordance with approved guidelines, criteria and
procedures of the DFA. It shall be used inter alia for the following specific
purposes:

(a) Inthe absence of a counsel de oficio or court-appointed lawyer, payment
of attorney's fees to foreign lawyers for their services in representing migrant
workers facing criminal and labor cases abroad, or in filing cases against erring or
abusive employers abroad, provided, that no amount shall be disbursed for the
appeal of cases except when the penalty meted is life imprisonment or death or
under meritorious circumstances as determined by the Undersecretary for Migrant
Workers Affairs; xxx

‘Therefore, under the current law, a) OFWs in distress have to depend on counsels de oficio
or court-appointed lawyers, which may not be able to provide adequate defense due to several
factors, most importantly of which is the language barrier; and b) the fund is only accessible upon


conviction and the penalty meted is life imprisonment or death, thus, support from the moment of
arrest up to the trial, which are very crucial times, is lacking.

‘This bill improves upon the bill filed by Senator Miriam Defensor-Santiago during the
Sixteenth Congress of the Philippines which seeks to close the loopholes in the law. In this proposed
amendment to the law, the legal assistance fund shall at all times be made available from the time

of the arrest or charging all the way to the trial proper and at all levels of appeal for migrant workers
facing charges with the prescribed penalty of life imprisonment or death, Also, after conviction and
if the penalty meted ir eriod of 12 years and al ing to reclusion

temporal in our jurisdiction), access to the fund is also made mandatory upon appeal. The reason is
that [2 years of jailtime constitutes a very long and agonizing separation from one’s family which
the State shall endeavor to prevent. Finally, itis also clarified that notwithstanding the two preceding
provisos, access to the fund shall also be granted in other instances when there are meritorious
circumstances

In view of the foregoing, the approval of this bill is earnestly sought.

GE] QUIAO


CONGRESS OF THE PHILIPPINES )
SEVENTEENTH CONGRESS )
First Regular Session )

HOUSE OF REPRESENTATIVES

HB, No. 4078

BY REPRESENTATIVE ROGELIO D. PACQUIAO

AN ACT EXPANDING THE USE OF THE LEGAL ASSISTANCE FUND,
AMENDING FOR THE PURPOSE SECTION 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 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 Republic
Act No. 10022, is hereby amended to read as follows:

“SECTION 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 A ffairs 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 ALL TIMES BE MADE AVAILABLE FROM THE
TIME OF THE ARREST OR CHARGING ALL THE WAY TO
THE TRIAL PROPER AND AT ALL LEVELS OF APPEAL
FOR MIGRANT WORKERS FACING CHARGES WITH THE
PRESCRIBED PENALTY OF LIFE IMPRISONMENT OR
DEATH;

PROVIDED, THAT ACCESS TO THE LEGAL
ASSISTANCE FUND SHALL ALSO BE MADE AVAILABLE
UPON CONVICTION AND IF THE PENALTY METED HAS
A MAXIMUM PERIOD 12 YEARS AND ABOVE, ONCE THE
ACCUSED DESIRES TO APPEAL. NOTWITHSTANDING
THE TWO PRECEDING PROVISOS, ACCESS TO THE
FUND SHALL ALSO BE GRANTED IN OTHER INSTANCES
WHEN MERITORIOUS CIRCUMSTANCES ARE PRESENT;

Provided, that at the end of every year, the Department of
Foreign 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 from the said fund duly audited by
the Commission on Audit (COA);

Provided, further, that the hiring of foreign legal counsels, when
circumstances warrant urgent action, shall be exempt from the
coverage of Republic Act No. 9184 or the Government Procurement
Act.”

SECTION 2. 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 3. Effectivity Clause. — This Act shall take effect within fifteen (15)
days after its publication in the Official Gazette or in at least two (2) newspapers of
general circulation, whichever comes earlier.

Approved,