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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 8058

Introduced by Hon. RONNIE L. ONG

EXPLANATORY NOTE

The public uproar in 2018 following the deaths of our Overseas Filipino Workers
(OFWs) in Kuwait, including Joanna Demafelis who was discovered in a freezer in an
abandoned apartment, led to many demands culminating in our government signing an
agreement with Kuwait for the protection of our OFWs and the recognition of their rights.

But the abuses did not stop. Just days before this 2020 New Year, Jeanelyn
Villavende was Killed by her employer. Reports show that she was beaten heavily and
was even raped, a fact that was not initially reflected on the autopsy report in Kuwait.

Killing Jeanelyn is unforgiveable. But what is equally unacceptable is the fact that
there could have been a way to spare Jeanelyn’s life. Reports show that Jeanelyn, working
for a few months already with her employer, had repeatedly called for help. As early as
September 2019, Jeanelyn already complained to her recruitment agency of maltreatment
and underpayment of salary by her employer. She also asked the agency to repatriate
her. But the recruitment agency failed to act.

We also have the POEA, the Overseas Labor Office, Filipino Resource Center and
the OWA, all mandated to serve and protect our OFWs, but not one received or was
able to monitor Jeanelyn’s complaint; hence, no help was given. This inaction is glaring
considering the large concentration of OFWs in Kuwait and the prevailing records of
deaths and abuses in the said host country.

In a nutshell, what Jeanelyn’s case highlighted is the deplorable fact that there is
no urgency for our frontline government agencies and stakeholders to monitor and
respond to incidents and emergencies involving our OFWs. Even with a Department
created for OFWs, such passiveness may still be the norm among our public officers.

This is the gap that this bill wants to address. It provides an active monitoring and
urgent response mechanism to address incidents and emergencies endangering the life,
limb and liberty of our OFWs and to instill that consciousness among our frontline
government agencies and stakeholders, under pain of administrative and criminal penalty,
in order to prevent future cases of OFWs being abused, raped or killed.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

059

House Bill No.

Introduced by Hon. RONNIE L. ONG

AN ACT PRESCRIBING AN ACTIVE MONITORING AND URGENT RESPONSE
MECHANISM BY THE GOVERNMENT TO PREVENT THE KILLING, RAPE AND
OTHER ABUSES COMMITTED AGAINST OVERSEAS FILIPINO WORKERS AND
PROVIDING PENALTIES THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

Section 1. Short Title. This Act shall be known as the "OFW Abuse Prevention”
Act.

SEC. 2. Declaration of Policy. The State upholds the dignity and fundamental
human rights and freedoms of its citizens both in the country and overseas. It shall
endeavor to afford them protection and promote their welfare, regardless of their
location.

The State also recognizes the inherent value of the lives of our Overseas
Filipino Workers (OFWs), their sacrifice for the well-being of their families and their
significant contribution to the country's economic growth and national development

Toward this end, the State shall provide an urgent response mechanism to
address incidents and emergencies endangering the life, limb and liberty of our OFWs
and to instill that consciousness among our frontline government agencies and
‘stakeholders in order to prevent future cases of OFWs being abused, raped or killed.

SEC. 3. Coverage. This Act shall protect all OFWs or migrant workers,
regardless of their employment status, including their dependents.

SEC. 4. Active Monitoring and Urgent Response by Local Recruitment
Agencies. When an information is obtained by a recruitment agency, in the conduct
of its regular monitoring or otherwise, or a complaint is brought to its attention, whether
by the concerned OFW or a third party, and such information or complaint pertains to
past or present physical abuse or maltreatment, sexual assault or harassment, death
threats and other incidents endangering the life, limb and liberty of the concerned
OFW, or to situations where OFWs are in imminent danger of physical or sexual harm,
the concerned recruitment agency shall treat the said information or complaint with


extreme urgency and must coordinate the same with concerned government agencies
the soonest possible time, without delay.

The concerned recruitment agency shall also endeavor to verify and
immediately act on such complaints and actively monitor the same, with due regard to
the sensitivity of the information acquired, in coordination with concerned government
agencies.

While the foregoing information or complaint must be prioritized, nothing in this
Act prevents the recruitment agencies from actively monitoring and urgently
responding to all other concerns of OFWs they deploy.

SEC. 5. Active Monitoring and Urgent Response by the Government. In
coordination with the Department of Foreign Affairs (DFA), through the concerned
Embassies or Consulates, the Department of Labor and Employment (DOLE), through
its Philippine Overseas Labor Offices (POLOs), the Philippine Overseas Employment
Administration (POEA) and the Overseas Workers Welfare Administration (OWWA),
shall assist OFWs in the following manner:

a) DOLE, POEA and OWA shall formulate and implement an active
monitoring and urgent response mechanism to protect OFWs from physical
abuse or maltreatment, sexual assault or harassment, death threats and
other incidents endangering their life, limb and liberty

The said mechanism shall, among others:

1. Determine the point persons for receiving and monitoring such
complaints and coordinating and conducting the urgent responses to
such situations;

2. Streamline existing processes and remove any barriers or excesses in
immediately reporting, coordinating or acting on the incidents and
emergencies;

3. Provide integrated or unified local and international hotlines, online
platforms and other easy and immediate avenues for recruitment
agencies, OFWs and third parties to immediately report and coordinate
any incident or emergency;

4. Include a speedy but thorough verification and investigation process;
and

5. Respect the sovereignty of the host country and strengthen the
commitment of and the linkage with its local enforcement authorities,
foreign recruitment agencies and employers.

b)

In all pre-departure and on-site trainings and seminars, DOLE, POEA and
OVWWAA shall regularly inform and reiterate to OFWs the said abuse
prevention or emergency assistance mechanism, including the hotlines,
online complaint platforms, location of shelters or safehouses and tips on
reporting and preventing abuses.


c) DOLE, POEA and OWA shall actively monitor the conditions of OFWs,
and strictly ensure participation and compliance of concerned recruitment
agencies, in host countries with large concentration of OFWs or with records
or reports of maltreated, sexually-assaulted or killed OFWs.

dg)

DOLE, POEA and OWWA shall strive to instill institutional consciousness
among its employees and partner stakeholders, especially those in charge
of abuse prevention or emergency assistance for OFWs, on the urgency of
responding to complaints of OFWs in life and death situations.

SEC. 6. OFW Shelters. The DOLE and OWW\A, in coordination with the DFA,
‘shall continue to create and operate centers and shelters abroad with the end goal of
providing a safehouse for distressed OF Ws, including those who have ran away or are
rescued because of actual abuses or imminent harm, while waiting for government
assistance, verification, investigation or repatriation, with due respect to legal protocols
and processes of the host countries.

SEC. 7. Penalties. Without prejudice to other administrative, civil and criminal
sanctions as may be provided under existing laws, rules and regulations, the following
shall be punished under this Act:

a) In cases of violation of Section 4 of this Act, and the concerned OFW
subsequently suffered maltreatment or abuse, the license of the recruitment
agency shall be automatically cancelled or revoked. An additional
administrative fine ranging from Two Hundred Thousand Pesos (PhP200,000)
to Five Million Pesos (PhP5,000,000.00) shall be imposed upon the recruitment
agency, depending on the gravity of injury done to the OFW.

In addition, the officer of the concerned recruitment agency, in charge of
reporting and coordinating the incident and emergency involving the OFW, shall
suffer the penalty of one (1) month to five (5) years imprisonment, upon the
discretion of the court.

The POEA shall continue to have the power to promulgate and impose
administrative penalties for failure of recruitment agencies to monitor, report
and coordinate the conditions of OFWs in cases not covered under Section 4
of this Act.

b) Any public officer, who neglects to do his or her duty in terms of receiving,
monitoring, coordinating or acting on complaints or information pursuant to the
government mechanism provided for under Section 5 of this Act, and the
concerned OFW subsequently suffered maltreatment or abuse, shall be liable
to an administrative penalty of one (1) month suspension to dismissal from the
service, and a fine equivalent to one (1) day to one (1) year salary, both
depending on the gravity of injury done to the OFW.

°)

Any public officer who maliciously delay any report or action, refuses to perform
his or her duty under this Act for the purpose of obtaining, directly or indirectly,
any pecuniary or material benefit, or who conceals or falsifies documents or
reports, whether or not the concerned OFW subsequently suffered
maltreatment or abuse, shall be liable to a penalty of six (6) months to ten (10)


years imprisonment, with the accessory penalty of suspension from public office
to perpetual disqualification, both upon the discretion of the court.

SEC. 8. Implementing Rules and Regulations. The DOLE, POEA, OWWA.
and DFA, in coordination with concerned stakeholders, shall formulate the
implementing rules and regulations within sixty (60) days after the effectivity of this
Act

SEC. 9. Suppletory Application. Republic Act No. 8042 or the Migrant
Workers and Overseas Filipino Act of 1995, as amended by Republic Act Nos. 9422
and 10022, Presidential Decree No. 442 or the Labor Code of the Philippines, as
amended, and all other rules and regulations promulgated in relation thereto shall have
suppletory application in cases not provided for under this Act with the end view of
protecting OFWs from abuses.

SEC. 10. Separability Clause. If any provision or part hereof is held invalid or
unconstitutional, the remaining provisions not affected thereby shall remain valid and
‘subsisting.

SEC. 11. Repealing Clause. Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation contrary to
or inconsistent with the provisions of this Act is hereby repealed, modified or amended
accordingly.

SEC. 12. Effectivity. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in any two (2) newspapers of general circulation
in the Philippines.

Approved,