I4"'CONGRESS OF THE REPUBLIC 
) 
OF THE PHILE'PINES 
) 
Second Regular Session 
1 
Introduced by Senator Ramon Bong Revilla, Jr. 
EXPLANATORY NOTE 
Section 18, Article IT of the 1987 Constitution provides that: 
" B e  State afJms labor as a priniaiy social economic force. It shall protect the 
rights of workers andpromote their wevme. " 
Every year, a considerable population of Overseas Filipino Workers (OFWs) or 
migrant workers seek greener pastures by working in different industries abroad. The 
spectrum is expanding hrther, with Filipino professionals in different fields now working 
in developing Asian countries such as Vietnam, Indonesia and China. Armed with 
intelligence, ingenuity and industry, our migrant workers have elevated our country's 
stature and competence in the global job market. 
However, fourteen years aRer the enactment of the Migrant Workers and 
Overseas Filipinos Act of 1995 or RA 8042, the problems confronting OFWs remain the 
same and are even getting worse. Growing human rights violations in different parts of 
the globe is still a perennial problem. These hard laborers often face high recruitment 
fees, long work hours, the minimum wage that is incompatible with the foreign country's 
market economy, the withholding of their salaries in order to keep them from leaving and 
lack of liability insurance in case of money claims or damages. 
Urgent action is needed from the government, so as to alleviate the situation of 
our migrant workers and give them the needed protection in the foreign country they are 
going to be deployed in. 
Immediate passage of this bill is highly needed. 


14thCONGIlESS OF THE REPUBLIC 
) 
OF TFIE PHILIPPINES 
1 
Second Regular Session 
) 
APR 25 
122 :a 
SENATE 
./ 
WED WY : -- pk .. 
S.B. No. 316% 
Introduced by Senator Ramon Bong Revilla, Jr. 
AN ACT 
IMPROVING TBE STANDARDS OF PROTECTION AND 
ASSISTANCE FOR MIGRANT WORKERS, AMENDING FOR THIS 
PURPOSE mPUBLIC ACT NO. 8042, OTEERWISE KNOWN AS 
THE “MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT 
OF 1995” 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Section 4 of Republic Act No. 8042, otherwise known as the “Migrant 
Workers and Overseas Filipinos Act of 1995”, is hereby amended to read as follows: 
“SEC. 4. Deploynzent ofMigunt Workers. - The State shall deploy overseas 
Filipino workers only in countries where the rights of Filipino migrant workers 
are protected. The government recognizes any of the following as a guarantee on 
the part of the receiving country for the protection and the rights of overseas 
Filipino workers: 
(a) It has existing labor and social laws protecting the rights of migrant workers; 
(b) It is a signatory to multilateral conventions, declarations or resolutions relating 
to the protection of migrant workers; AND 
(c) It has concluded a bilateral agreement or arrangement with the government 
protecting the rights of overseas Filipino workers.[; and 
(d) It is taking positive, concretemeasures to protect the rights of migrant workers.] 
1 


IN THE ABSENCE OF A CLEAR SEXOWING THAT ANY OF THE 
GUARANTEES ENUMERATED UNDER THIS ACT EXISTS IN THE 
COUNTRY OF DESTINATION OF THE MIGRANT WORKERS, OR IF 
THE DEPARTMENT OF FOREIGN AFFAlIRS AND THE DEPARTMENT 
OF LABOR AND EMPLOYMENT FAIL TO REPORT TO 
CONGRESS 
THE INFORMATION REQUIRED UNDER SECTION 33 OF THIS ACT, 
IT SHALL BE UNLAWFUL FOR ANY OFFICIAL OR EMPLOYEE OF 
THE DEPARTMENT OF LABOR AND EMPLOYMENT TO ISSUE THE 
NECESSARY PERMIT FOR THE DEPLOYMENT OF MIGRANT 
WORKERS. 
THE OFFICIAL OR EMPLOYEE OF THE GOVERNMENT WHO 
WILFULLY AND GROSSLY VIOLATES THE PROVISIONS OF THE 
IMMEDIATELY 
PRECEDING 
PARAGRAPH 
SHALL, 
BY 
SUBSTANTIAL EVJDENCE IN 
A 
PROPER ADMINISTRATIVE 
PROCEEDING, BE REMOVED OR DISMISSED FROM SERVICE WITH 
DISQUALIFICATION TO HOLD ANY APPOINTIVE PUBLIC OFFICE 
FOR FIVE (5) YEARS. 
SECTION 2. The first and fourth paragraphs of Section 10 ofRepublic Act No. 8042 are hereby 
amended to read as follows: 
“SEC. 10. Monetary Claims. 1 Notwithstanding any provision of law to the 
contrary, the Labor Arbiters of the National Labor Relations Commission 
(NLRC) shall have the original and exclusive jurisdiction to hear and decide, 
within ninety (90) calendar days aRer the filing of the complaint, the claims 
arising out of an employer-employee relationship or by virtue of any law or 
contract involving Filipino workers for overseas deployment, WHETHER 
RECRUITEDDEPLOYED BY LICENSEDKTNLICENSED AGENCIES OR 
INDNTDUALS OR BY THE POEA, including claims for actual, moral, 
exemplary and other forms of damages. 
x x x  
Any compromiselamicable settlement or voluntary agreement on money claims 
inclusive of damages under this section shall be paid within [four (4) months] 
ONE (1) MONTH from the approval of the settlement by the appropriate 
authority. ” 
SECTION 3. A new Section IO-A ofRepublic Act No. 8042 is hereby added to read as follows: 
“SEC. 10-A. COMPULSORY LIABILITY INSVRANCE FOR EVERY 
FILED BY THE RECRUITMENTIPLACEMENT AGENCY UNDER 
SECTION 10, EACH WORKER DEPLOYEDRROCESSED BY 
A 
LICENSED RECRUITMENTtPLACEMENT AGENCY AND THE POEA 
SHALL BE 
COVERED BY 
A 
COMPULSORY EMPLOYMENT 
LIABILITY INSURANCE WHICH SHALL BE ANSWERABLE FOR 
WOlNER - IN ADDITION TO THE PERFORMANCE BOND TO BE 
2 


MONEY CLAIMS OR DAMAGES THAT MAY BE AWARDED OR 
GIVEN TO THE WORKER IN A JUDGMENT OR SETTLEMENT OF 
HISBER CASE. SUCH INSURANCE COVERAGE SHALL BE SECURED 
AT NO COST TO THE WORKER 
THE 
INSURANCE 
COVERAGE 
PER 
WORKER 
SHALL 
BE 
EQUlVALENT TO THREE (3) MONTHS OF THE WORKER'S SALARY 
FOR EVERY YEAR OF CONTRACT. ONLY REPUTABLE PRTVATE 
LNSURANCE COMPANLES REGISTERED WITH THE WSURANCE 
COMMISSION (IC), 
DULY 
ENDORSED 
BY 
A 
RECOGNIZED 
ASSOCIATION OF RECRUITMENTDLACElMENT AGENCIES, AND IN 
EXISTENCE FOR AT LEAST FIVE (5) YEARS PRIOR TO THE 
PROMULGATION OF THIS ACT SHALL BE QUALIFIED TO PROVJDE 
FOR THIS INSURANCE COVERAGE. 
IN CASE rr Is SHOWN, IN 
A PROPER ADMINISTRATIVE 
PROCEEDING, THAT THE WORKER WHO WAS DEPLOYED BY A 
LICENSED RECRUITMENTDLACEMENT AGENCY BAS PAID FOR 
THE PREMIUM OR THE COST OF THE INSURANCE COVERAGE, 
THE SAID LICENSED RECRDITMENTlPLACEMENT AGENCY SHALL 
LOSE ITS LICENSE AND ALL ITS OFFICERS AND DIRECTORS 
SHALL BE PERPETUALLY DISQUALIFIED FROM ENGAGING IN 
THE BUSINESS OF RECRUITMENT/PLACEMENT OF OVERSEAS 
WORKERS. SUCH PENALTY IS WlTHOUT PREJUDICE TO ANY 
OTHER LIABaITY WHICH SUCH OFFICERS AND DIRECTORS MAY 
HAVE 
INCURRED 
UNDER 
EXISTlNG 
LAWS, 
RULES 
OR 
REGULATIONS. 
THE SUBMISSION OF CERTrEICATE OF INSURANCE COVERAGE 
SHALL BE REQUIRED BY THE POEA FOR THE PROCESSING OF 
THE CONTRACTS OF THE WORKERS, INCLUDING REHIRES, 
NAME-HlRES AND DIRECT HIRES WRO ARE ALLOWED BY LAW." 
SECTION 4. Section 32 of Republic Act No. 8042 is hereby amended to read as follows: 
"SEC. 32. POEA and OWWA Board; AaUitionaZ Memberships. -Notwithstanding 
any provision of law to the contrary, the respective Boards of the POEA and the 
OWWA shall, in addition to their present composition, have three (3) members 
each who shall come from the women, sea-based and land-based sectors 
respectively, [to be appointed by the President in the same manner as the other 
members] TO BE SELECTED AND NOMINATED OPENLY BY THE 
GENERAL MEMBERSEIP OF TBE SECTOR BEING REPRESENTED. 
THE SELECTION AND NOMINATION SHALL BE GOVERNED BY THE 
FOLLOWING GUJDELINES 
(A) THE POEA AND TEE OWWA SHALL LAUNCH A mssrvE 
INFORMATION CAMPAIGN ON THE SELECTION OF NOMINEES 
AND PROVIDE FOR A SYSTEM OF CONSULTATIVE SESSIONS FOR 
THE CERTIFIED LEADERS OR REPRESENTATIVES OF THE 
CONCERNED SECTORS, AT LEAST THREE (3) TIMES, 
WITHIN 
3 


NINETY (90) DAYS BEFORE THE BOARDS SEALL BE CONVENED, 
FOR PURPOSES OF SELECTION. THE PROCESS SHALL BE OPEN, 
DEMOCRATIC AND TRANSPARENT. 
ONLY NONGOWRNMENT ORGANIZATIONS THAT PROTECT AND 
PROMOTE THE RIGHTS AND WELFARE OF OVERSEAS FILIPINO 
WORKERS, DULY 
REGISTERED 
WITH 
THE 
APPROPRIATE 
PHILIPPINE GOVERNMENT AGENCY AND IN GOOD STANDING AS 
SUCH, AND IN EXISTENCE FOR AT LEAST THREE (3) YEARS PRIOR 
TO THE NOMINATION, SHALL BE QUALIFIED TO NOMINATE A 
REPRESENTATIVE POR EACH SECTOR TO THE BOARD; 
(B) THE NOMINEE MUST BE AT LEAST TWENTY-FIVE (25) YEARS 
OF AGE, ABLE TO READ AND WRITE, AND A MIGRANT WORKER 
WORKER WITH AT LEAST THREE (3) YEARS EXPERENCE AS 
SUCH 
(C) A FINAL LIST OF ALL THE NOMINEES SELECTED BY THE 
POEA/OWWA GOVERNING BOARDS, WHICH SHALL CONSIST OF 
THREE (3) NAMES FOR EACH SECTOR TO BE REPRESENTED, 
SHALL BE SUBMITTED TO THE PRESIDENT AND PUBLISHJCD IN A 
NEWSPAPER OF GENERAL CIRCULATION; AND 
(D) WITHIN THIRTY (30) DAYS FROM TEE SUBMISSION OF THE 
LIST, 
THE 
PRESIDENT 
SHALL 
THEN 
APPOINT 
THE 
REPRESENTATIVE TO THE POEAIOWWA GOVERNING BOARDS. 
AT THE TIME OF msmR NOMINATION OR WAS A MIGRANT 
THE ADDITIONAL MEMBERS SHALL HAVE A TERM OF THREE (3) 
YEARS AND SHALL BE ELIGIBLE FOR REAPPOINTMENT FOR 
ANOTHER THREE (3) YEARS. I N  CASE OF VACANCY, THE 
PRESIDENT SHALL, I N  ACCORDANCE WITH THE PROVISIONS OF 
THIS ACT, APPOINT A REPLACEMENT WHO SHALL SERVE THE 
UNEXPIRED TERM OF HISBfER PREDECESSOR 
SECTION. 5. The first and last paragraph of Section 33 of Republic Act No. 8042 are hereby 
amended to read as follows: 
"SEC. 33. Report to Conpess. - In order to inform the Philippine Congress on 
the implementation of the policy enunciated in Section 4 hereof, the Department 
of Foreign Affairs and the Department of Labor and Employment shall submit to 
the said body a semi-annual report of Philippine foreign posts located in countries 
hosting Filipino migrant workers. THE FIRST SEMI-ANNUAL REPORT 
COVERING THE 
PERIOD JANUARY To SONE 
SHALL BE 
SUBMITTED NOT LATER THAN SEPTEMBER 30 OF THE SAME 
THE PERIOD JULY TO DECEMBER SHALL BE SUBMITTED NOT 
LATER THAN MARCH 31 OF TEE FOLLOWING YEAR. The report shall 
include, but shall not be limited to, the following information: 
YEAR, WHILE THE SECOND SEMI-ANNUAL REPORT COVERING 
xxx 
4 


Any officer of the government who fails to SUBMIT TEE report as stated in [the 
preceding] TEIIS section shall be subject to AN administrative penalty OF 
DISMISSAL FROM THE SERVICE WITH DISQUALIFICATION TO 
HOLD ANY APPOINTWE PUBLIC OFFICE FOR FIVE (5) YEARS.” 
SECTION 6. The Department of Labor and Employment, the Department of Foreign Affairs, 
the Philippine Overseas Employment Administration, the Overseas Workers Welfare 
Administration and the National Labor Relations Commission, together with the Senate 
Committee on Labor and Employment and the House Committee on Overseas Workers Affairs, 
after consultations with the stakeholders, shall, within ninety (90) days after the effectivity of this 
Act, formulate the necessary rules and regulations for the effective implementation of this Act. 
SECTION 7. SepnmljiZify Clnme - If any provision of this Act shall be held unconstitutional or 
invalid, the other provisions not otherwise affected shall remain in full force and effect. 
SECTION 8. Repealing Clause. - Any law, decree, rules and regulations which are inconsistent 
with or contrary to the provisions of this Act are hereby amended or repealed accordingly. 
SECTION 9. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in the OfJiCinl Gazette or in at least two (2) newspapers of general circulation. 
Approved, 
5