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

FIFTEENTH CONGRESS
First Regular Session

House Bill No,_ 8193

Introduced by DIWA Representative Emmeline Y. Aglipay

EXPLANATORY NOTE

There are few things more terrifying than to be alone in a foreign land, without friends or
resources or at times even shelter, without a way to return home. This is the plight faced by many
of our overseas foreign workers, with repatriation at times taking longer than a year. While
existing laws do provide for repatriation as a remedy for overseas foreign workers, these laws do
not provide a set period of time within which repatriation must be completed, giving rise to
situations wherein pleas to return home are lost amidst bureaucratic red tape and procedural
bottlenecks. This law will help ensure that requests for repatriation will be processed with the

appropriate urgency
This law also aims to help address other obstacles to repatriation, such as the practice by

unscrupulous employers of confiscating the passports of our countrymen, as well as the ease by
which employment agencies can evade even the most urgent of communications

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Representative, DIWA Party-list

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

3193

HOUSE BILL NO.

Introduced by DIWA Representative Emmeline Y. Aglipay

AN ACT
TO EXPEDITE THE PROCESS OF REPATRIATION OF FILIPINO MIGRANT
WORKERS

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

SECTION 1, EXPEDITED REPATRIATION. - The request for repatriation must be in
writing, and may be made by the migrant worker, relatives of the migrant worker up to the
second degree of consanguinity or affinity, non-government organizations, or government
offices. Such requests shall be resolved within the following periods:

(a) In all cases of repatriation which fall under the coverage of the first paragraph of Section 15
of Republic Act No. 8042 where the migrant worker is still alive, the Overseas Workers Welfare
Administration (OWWA) must complete its evaluation of the written request for repatriation and
inform the requesting party of its decision within five (5) working days from the receipt of the
written request by the OWWA's Field Services Office (FSO), Workers Assistance Division
(WAD), Regional OWWA Units (ROUs), or other appropriate office, Should the OWWA find
that there is a need for repatriation, the OWWA must ensure that the migrant worker concerned
is repatriated within fifteen (15) working days from the date that notice of approval is given to
the requesting party.

(b) In all cases of repatriation which fall under the coverage of the first paragraph of Section 15
of Republic Act No. 8042 where the migrant worker is deceased, the OWWA must complete its
evaluation of the written request for repatriation and inform the requesting party of its decision
within five (5) working days from the receipt of the written request by the OWWA's Field
Services Office (FSO), Workers Assistance Division (WAD), Regional OWWA Units (ROUs),
or other appropriate office. Should the OWWA find that there is a need for repatriation, the
OWWA must ensure that the body of the migrant worker concerned is repatriated within thirty
(30) working days from the date that notice of approval is given to the requesting party.

(©) In all cases of repatriation which fall under the coverage of the first paragraph of Section 15
of Republic Act No. 8042 in cases of war, epidemic, disasters or calamities, natural or man-
made, and other similar events, the OWWA shall without delay undertake the repatriation of
workers in the affected regions. The OWWA shall bear the costs and primary responsibility for
this repatriation, without prejudice to reimbursement by the responsible principal or agency.

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(A) In all cases of repatriation which fall under the coverage of Section 16 of Republic Act No.
8042, the OWWA must complete its evaluation of the written request for repatriation and inform
the requesting party of its decision within three (3) working days from the receipt of the written
request by the OWWA's Field Services Office (FSO), Workers Assistance Division (WAD),
Regional OWWA Units (ROUs), or other appropriate office. Should the OWWA find that there
is a need for repatriation, the OWWA must ensure that the migrant worker concemed is
repatriated within ten (10) working days from the date that notice of approval is given to the
requesting party.

SECTION 2, EMAIL REQUIREMENT; PENALTIES FOR UNRESPONSIVE
AGENCIES. - All licensed recruitment agencies must have at least one current and active email
address on record with the Philippine Overseas Employment Administration (POEA). It shall be
the responsibility of the recruitment agency to keep the POEA updated as to any changes in the
aforementioned email address.

Failure of the recruitment agency to respond to any communication from the POEA concerning
the repatriation of a migrant worker, sent to the agency's email address on record, within forty
eight hours, shall merit sanctions to be determined by the POEA within thirty (30) days from the
effectivity of this Act; Provided, that an automated email reply, or a statement to the effect that
the proper/appropriate official of the agency is unavailable, shall not constitute a reply under this
Section,

SECTION 3. PRE-EMPTIVE SUBMISSION TO THE DEPARTMENT OF FOREIGN
AFFAIRS, - Within ten (10) working days from the departure of the migrant worker from the
Philippines, pursuant to employment facilitated by a local recruitment or placement agency, such
agency shall submit to the Department of Foreign Affairs (DFA) one original copy of the Birth
Certificate of the migrant worker and one certified true copy of the current passport of the
migrant worker, which shall constitute part of the documentary requirements under Section 4 of
this Act. The license of a recruitment/manning agency which fails to comply with this provision
shall be suspended until it has fully complied with the same, without prejudice to any other
sanctions that may be imposed by the POEA.

SECTION 4, EXPEDITED REPLACEMENT OF DETAINED PASSPORTS. - In situations
wherein the passport of a migrant worker, who is subject to an approved request for repatriation
as per Section I of this Act, has been detained by his/her employer or other party, without the
consent of the migrant worker, the migrant worker shall be issued a new passport or travel
document upon written request of the migrant worker, and under an expedited procedure to be
jointly enacted by the OWWA, POEA and DFA within sixty (60) days from the effectivity of
this Act; Provided, that:

(a) No other pre-existing public or government issued document shall be required to be
submitted, as the documents submitted under Section 3 of this Act shall be deemed sufficient;

(b) Any fees required shall be considered as part of the repatriation cost, to be shouldered
by the principal, agency, or OWWA as the case may be, subject to appropriate reimbursement;

(©) The evaluation of the written request for repatriation must be complete within fifteen
(15) working days from the receipt of the written request by the appropriate agency/office as
determined by the expedited procedure;

(d) Should the request be approved, the new passport or travel document must be issued
to the migrant worker within fifteen (15) days from such approval; and

(e) Such expedited rules shall be of uniform and shall apply to all Philippine embassies.

SECTION 5. REPEALING CLAUSE. - All laws, decrees, rules and regulations or parts

thereof, which are contrary to or inconsistent with this Act are hereby repealed or modified
accordingly.

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SECTION 6. SEPARABILITY CLAUSE. - If any part or provision of this Act is declared
unconstitutional, the remaining parts or provisions not affected shall remain in full force and
effect,

SECTION 7. EFFECTIVITY CLAUSE. - This Act shall take effect fifteen days from its
publication in two national newspapers of general circulation after its approval by the President.

Approved.

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