i’ 
0 
13TH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
lST 
RECTULAR SESSION 
S.B. No. SENATf18Q 
INTRODUCED BY SEUQTOR RAMON B. MAGSAYSAY, JR. 
EXPLANATORY NOTE 
This Bill seeks to amend Section 29 and 30 of Republic Act No. 
8042 otherwise known as the Migrant Workers and Overseas Filipinos 
Act of 1995. 
1995, Mor Contemplacion and Delia Maga were simple Filipinas 
whose zest in life is anchored on having a comfortable life for them and 
their respective children. The grim picture, however, of their demise were 
insignias that triggered a call for greater protection and humane 
treatment of our migrant workers. Responding to the strong public 
clamor, the Philippine Congress enacted Republic Act 8042 otherwise 
known as Migrant Workers and Overseas Filipinos Act of 1995, “An act to 
institute the Policies of Overseas Employment and establish a Higher 
Standard of Protection and Promotion of the Welfare of Migrant Workers, 
their Families and Overseas Filipinos in Distress and for other purposes.” 
The statute mandates under Section 29 and 30 thereof of five year 
comprehensive deregulation plan and that DOLE shall graduallx phase- 
out the regulatory function of POEA within five years from the effectivity 
of the law pursuant to the objectives of deregulation. 
The continuing rise of employment intermediaries worldwide, the 
present state of our economy, and the emerging circumstances which 
affect the welfare of migrant workers all tend to impede the progress of 
deregulatory. Noteworthy to mention are the consistent increase in the 
number of our countrymen working overseas, the feminization of the 
OFW sector, the upsurge of vulnerable skills overseas, the perennial 
problem of illegal recruitment, welfare case and recruitment violation as 
well as the seeming indifference of OFW’s. Apparently, deregulation and 
the eventual phase-out of the regulatory function of POEA are matters 
that cannot be enclosed within a fxed frame but rather can only be 
undertaken 
cautiously 
and 
progressively 
in 
fitting 
with 
the 
circumstances of the times. It should be stressed that the bottom line of 
regulation is the promotion of the welfare of our OFW’s. An untimely 
phase-out of the regulatory function of the POEA will constitute a virtual 
abandonment of OFW protection in contravention of the overall intention 
of RA 8042. 
Based on these premises, the prompt approval of this bill is most 
earnestly sought. 


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13TH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
lST 
REGULAR SESSION 
S.B. No. 
SENAT? 18 4 
1 
INTRODUCED BY SEUATOR RAMON B. &4GSAYsAY, JR. 
AN ACT 
AMENDING SECTION 29 AND 30 OF REPUBLIC ACT NO. 8042 
OTHERWISE KNOWN AS THE MIGRANT WORKERS AND OVERSENS 
FILIPINO ACT OF 1995 
Be it enacted by the Senate and House of Representative of the Philippines 
in congress assembled; 
Section 1. Section 29 of Republic Act No. 8042 is hereby amended 
to read as follows; 
"Section 29. Comprehensive Deregulation [Plan] on Recruitment 
Activities,-[Pursuant to a progressive policy of deregulation whereby the 
migration of workers becomes strictly a matter between the worker and his 
foreign employer] The DOLE [within one (1) from the effectivity of this Act] 
is hereby mandated to ,@ormulate] UNDERTAKE a lfive year] 
comprehensive deregulation lplan on] of recruitment activities taking into 
account labor market trends, economic conditions of the county, HUMANE 
PROTECTION AND CONDUCIVE CONDITIONS FOR LABOR FOR LABOR 
PROMOTION and emerging circumstances which may affect the welfare of- 
migrant workers, 
Section 2. Section 30 of the Republic Act No. 8042 is hereby 
amended to read as follows: 
Section 30. [Gradual Phase-out] ST-IMNG 
of regulatory 
cficnctiorts-[Within a period of jive (5) years from the effectivity of this Ad] 
The DOLE shall streamline the regulato y fimctions of the POEA pursuant 
to the objectives of deregulation. 
Section 3. The Department of Labor and Employment in 
coordination and consultation with the representatives of the recruitment 
agencies representing the private sector and the Filipino contract 
workers shall issue the necessary rules and regulation to effectively 
implement the comprehensive deregulation of recruitment activities. 
Section 4. Effectivity---This Act shall take effect fifteen (15) days 
after its complete publication in the Official Gazette or in at least two (2) 
newspapers of general circulation. 
Approved