TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
First Regular Session 
)
SENATE
25 JUL-2 P5 30
Senate Bill No.
45
Introduced by Senator JOEL VILLANUEVA
AN ACT
EXPANDING THE USE OF THE LEGAL ASSISTANCE FUND, 
AMENDING FOR THE PURPOSE SECTION 26 OF REPUBLIC ACT 
NO. 8042, AS AMENDED, OTHERWISE KNOWN AS THE "MIGRANT 
WORKERS AND OVERSEAS FILIPINOS ACT OF 1995"
EXPLANATORY NOTE
The Philippine Constitution guarantees protection to all Filipino workers, whether 
foreign or domestic. In line with this. Congress enacted Republic Act No. 11641, or 
the Department of Migrant Workers Act (DMW Act), which mandates the creation of 
the Department of Migrant Workers to provide a holistic approach and more efficient 
and effective services to the 2.16 million1 overseas Filipino workers around the globe 
as of 2023. Among others, the DMW Act also provides for the creation of the AKSYON 
(Agarang Kalinga at Saklolo Para sa mga OFWs na Nangangailangan) Fund as a source 
of additional funds for the provision of legal, medical, financial and other forms of 
assistance to OFWs in distress.
The AKSYON Fund complements the Legal Assistance Fund created under 
Section 25 of Republic Act No. 8042, as amended by Republic Act No. 10022, or the 
Migrant Workers and Overseas Filipinos Act of 1995, to be used exclusively for the 
provision of legal services to migrant workers and overseas Filipinos in distress.
As of 2024, there are 2,457 active legal cases involving Filipinos overseas, being 
handled by only 24 legal retainers spread across the Middle East, Asia and the Pacific, 
and Europe.2 In 2022 alone, there were 3,863 pending cases and alarmingly, zero
1 
Philippine Statistics Authority (PSA). 2023 Overseas Filipino Workers (Final Results). Published in 2024. 
A vallable https://psa.gov.ph/statistics/survey/labor-and-employment/survey-overseas-filipinos (Accessed on 
23 June 2025).
2 
Senate of the Philippines. TSN - Senate Budget Hearing for the Department of Migrant Workers for FY 2025 
(24 September 2024).


recorded acquittals.3 These figures underscore the urgent need for stronger, more 
responsive legal support for overseas Filipinos. The bulk of our workers, estimated at 
50%, are deployed in the Middle East, particularly in Saudi Arabia, the United Arab 
Emirates, Qatar, Kuwait, Oman, and Bahrain. Correspondingly, the highest 
concentration of legal cases is found in Kuwait, Dubai, the UAE, Hong Kong, and 
Malaysia.4 The clear mismatch between the volume of cases and available legal 
resources highlights the necessity of expanding access to the Legal Assistance Fund 
and ensuring that legal help is available from the earliest stage of proceedings.
Given the number of abuse cases involving our OFWs, having a more expansive 
system for the provision of legal assistance is important. However, the use the Legal 
Assistance Fund is currently limited. For example, current regulations on the use of 
the Fund provides that the Fund mav be used on appeal, or until the finality of a 
decision and other services related thereto or, as warranted, for the settlement of civil 
liability and for negotiations in the settlement of civil damages.5 This means that the 
use of the Fund is only optional and subject to the decision of the Department of 
Foreign Affairs, which inevitably causes delay in the provision of immediate assistance 
to OFWs in distress.
Thus, this bill seeks to clarify that the Fund shall be immediately, and at all times, 
available to all migrant workers and Overseas Filipinos in distress from the time of 
commencement of the complaint, action or similar proceeding, until promulgation and 
execution of judgment, and at all levels of appeal. To curtail further delay in the use 
of the Fund, this bill also clarifies that, if practicable, the Secretary of Foreign Affairs, 
may delegate the authority to approve an expenditure chargeable to the Fund to the 
head of Post, subject to existing rules and regulations of the Commission on Audit.
The immediate passage of this bill is earnestly sought.
ILLANUEVA
3 
Ibid.
4 
Op. cit., PSA
5 
DFA Department Order No. 07-2019


TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
First Regular Session 
)
SENATE
Senate Bill No.
45
25 JUL-2 P5 30
Introduced by Senator JOEL VILLANUEVA
AN ACT
EXPANDING THE USE OF THE LEGAL ASSISTANCE FUND, 
AMENDING FOR THE PURPOSE SECTION 26 OF REPUBLIC ACT 
NO. 8042, AS AMENDED, OTHERWISE KNOWN AS THE "MIGRANT 
WORKERS AND OVERSEAS FILIPINOS ACT OF 1995"
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
1 
SECTION 1. Section 26 of Republic Act No. 8042, otherwise known as the
2 
"Migrant Workers and Overseas Filipinos Act of 1995," as amended by Republic Act
3 
No. 10022, is hereby amended to read as follows:
4 
SEC. 26. Uses of the Legal Assistance Fund. - The Legal Assistance Fund
5 
created under the preceding section shall be used exclusively to provide
6 
legal services to migrant workers and overseas Filipinos in distress in
7 
accordance with the guidelines, criteria and procedures promulgated in
8 
accordance with Section 24(a) hereof. The expenditures to be charged
9 
against the Fund shall include the fees for the foreign lawyers to be hired
10 
by the [Legal Assistant for Migrant Workers Affairs] HEAD OF MISSION
11 
OF THE PHILIPPINE EMBASSY CONCERNED to represent migrant
12 
workers AND OVERSEAS FILIPINOS facing charges or in filing cases against
13 
erring or abusive employers AND OTHER OFFENDERS abroad, IN
14 
OBTAINING bail bonds to secure the temporary release OF MIGRANT


1 
WORKERS AND OVERSEAS FILIPINOS IN DISTRESS, AND OTHER
2 
KINDS OF BONDS REQUIRED BY THE FOREIGN COURT, AGENCY
3 
OR TRIBUNAL WHERE THE CASE IS PENDING, and other litigation
4 
expenses,
5 
THE LEGAL ASSISTANCE FUND SHALL, AT ALL TIMES, BE
6 
IMMEDIATELY AVAILABLE TO ALL MIGRANT WORKERS AND
7 
OVERSEAS FILIPINOS IN DISTRESS WHO INITIATE OR WHO IS
8 
IMPLEADED IN ANY TYPE OF CASE INITIATED IN THE FOREIGN
9 
POST, FROM THE TIME OF THE COMMENCEMENT OF THE
10 
COMPLAINT, ACTION OR SIMILAR PROCEEDING, AND IN ALL
11 
STAGES OF THE PROCEEDING UNTIL PROMULGATION AND
12 
EXECUTION OF JUDGMENT AND AT ALL LEVELS OF APPEAL.
13 
[Provided, That] At the end of every year, the Department of Foreign
14 
Affairs shall include in its report to Congress, as provided for under Section
15 
33 of this Act, the status of the Legal Assistance Fund, including the
16 
expenditures from the said fund duly audited by the Commission on Audit
17 
(COA); Provided, [further,"I That the hiring of foreign legal counsels, when
18 
circumstances warrant urgent action, shall be exempt from the coverage of
19 
Republic Act No. 9184 or the Government Procurement Act.
20 
SEC. 2. Implementing Rules and Regulations. - Within sixty (60) days from
21 
the approval of this Act, the Department of Foreign Affairs (DFA), in consultation with
22 
the Department of Migrant Workers (DMW), Overseas Workers Welfare Administration
23 
(OWWA), and other relevant agencies and stakeholders, shall promulgate the
24 
implementing rules and regulations for the effective implementation of this Act,
25 
including, but not limited to, the specific uses of the fund, and to ensure that the Legal
26 
Assistance Fund is immediately and at all times available to all migrant workers and
27 
overseas Filipinos in distress in accordance with this Act.
28 
If practicable, the implementing rules and regulations may also authorize the
29 
Secretary of Foreign Affairs to delegate the authority to approve an expenditure
30 
chargeable to the Fund to the head of Post, subject to existing rules and regulations
31 
of the Commission on Audit.


1 
SEC. 3. Repealing Clause. - All laws, orders, issuances, rules and regulations
2 
or part thereof inconsistent with the provisions of this Act are hereby repealed,
3 
amended or modified accordingly.
4 
SEC. 4. Effectivity Clause. - This Act shall take effect fifteen (15) days after
5 
its publication in the Official Gazette or in a newspaper of general circulation.
Approved,