SEVENTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )

Second Regular Session ) "18 R26 P2203

SENATE
RECE iS =
s.No. 1785 a

Introduced by SENATOR LEILA M. DE LIMA

AN ACT
TO STRENGTHEN HUMAN RIGHTS EDUCATION
AND THE SYSTEM OF LEGAL ASSISTANCE FOR MIGRANT WORKERS,
AMENDING FOR THE PURPOSE SECTION 23 OF
REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS THE MIGRANT
WORKERS AND OVERSEAS FILIPINOS ACT OF 1995, AS AMENDED

EXPLANATORY NOTE

Article XIII, Section 18(3) of the Constitution makes it a responsibility of the
Commission on Human Rights (CHR) to “[p]rovide appropriate legal measures for the
protection of human rights of all persons within the Philippines, as well as Filipinos
residing abroad, and provide for preventive measures and legal aid services to the
underprivileged whose human rights have been violated or need protection.”

Section 2(c) of Republic Act No. 8042, otherwise known as the Migrant
Workers and Overseas Filipinos Act of 1995, states in part that “[t]he existence of the
overseas employment program rests solely on the assurance that the dignity and
fundamental human rights and freedoms of the Filipino citizens shall not, at any time,
be compromised or violated.”

However, despite the multitude of laws and conventions protecting migrant
workers, abuses are still rampant, especially among the domestic employees. There
continue to be reports of Filipino domestic workers suffering in the hands of their
employers. One of them is Thelma Oyasan Gawidan, an Overseas Filipino Worker
(OFW) in Singapore who was starved over a period of 15 months, where her weight
dropped from 49kg to 29kg from being given only bread and instant noodles to eat.
Gawidan testified in court that she was fed only small amounts of food twice a day and
her requests for more food were denied, made to sleep in a storeroom, and allowed to



shower only once or twice a week. She was unable to seek help earlier as her employers
had confiscated her mobile phone and passport.

Another notable incident is the case of Mary Jane Veloso, who was apprehended
in an Indonesian airport on 29 April 2010, after authorities found 2.6 kilograms of
heroin in her suitcase. She left the Philippines in the guise of employment, but little
did she know she would fall prey to drug trafficking in the hands of her recruiter. She
has been granted reprieve by the Indonesian government shortly before her scheduled
execution after the surrender of her alleged illegal recruiter, Maria Kristina Sergio.

Abuse does not only happen to OFWs of legal age. Sarah Balabagan, a then-14-
year-old who faked her age so she can work abroad, was found guilty of murder in 1995
for stabbing her employer to death 34 times. She alleged that he had tried to rape her
and that she had been the subject of his unwanted sexual advances. Her sentence was
later reduced to one-year imprisonment, 100 lashes of a cane and the payment of
$40,000 in blood money.

More recently, there is the case of Joanna Demafelis, a domestic worker whose
body was found in a freezer in an abandoned apartment in Kuwait in early February
2018. An autopsy showed Demafelis had been physically maltreated and abused
several times.

Expressions of indignation come with each abuse that gets reported, and the
entire nation stands up for these unsung heroes. What our migrant workers need more,
however, are strong and tight mechanisms under our laws to help ensure that abuses
are prevented, remedied and/or mitigated. OFWs will remain vulnerable in the hands
of illegal recruiters, abusive employers, and human traffickers if they are unaware of
the full extent of their rights, and they are not provided with adequate legal assistance,
confronted with the looming possibility of exposing them to situations that may have
life-threatening consequences.

Republic Act No. 8042, otherwise known as the “Migrant Workers and
Overseas Filipinos Act of 1995”, has been enforced for decades, but questions linger as
regards the effectiveness of this measure in educating OFWs on human rights. How
informed are migrant workers of their own rights? Do they know when a violation of
their dignities is being committed against them? Does the Philippines send migrant
workers who are fully prepared, and aware of existing laws in their receiving country?



And on the part of our official missions abroad, do we have an adequate and
working system of providing legal assistance to OFWs who suffer or may have suffered
from abuses?

The bill seeks to amend Section 23 of R.A. No. 8042, as amended by R.A. No.
10022, by including the CHR’s role in human rights education of OFWs and in
providing legal assistance to those in need. The CHR, also as Gender Ombud, is duty-
bound to enhance comprehensive efforts to streamline human rights education
programs for current and aspiring OFWs, in line with its function to implement
preventive measures for Filipinos residing abroad who need protection. This bill seeks
to strengthen CHR’s Constitutional mandate, by legislating the mechanism that will
ensure the continuing education and information dissemination among OFWs on
human rights from the point of pre-departure to actual deployment, and its periodic
monitoring. It also seeks to legislate the active involvement and coordination of the
CHR in the government's provision of legal assistance to the OFWs.

In view of the foregoing, approval of this measure is earnestly sought.

fis,
LEILA M. DE LD



auanu

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SEVENTEENTH CONGRESS OF THE. )
REPUBLIC OF THE PHILIPPINES)
Second Regular Session )

18 APR 26 P203

SENATE

s.No. 1785 RECETAeH a

Introduced by SENATOR LEILA M. DE LIMA.

AN ACT
TO STRENGTHEN HUMAN RIGHTS EDUCATION
AND THE SYSTEM OF LEGAL ASSISTANCE FOR MIGRANT WORKERS,
AMENDING FOR THE PURPOSE SECTION 23 OF
REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS THE MIGRANT
WORKERS AND OVERSEAS FILIPINOS ACT OF 1995, AS AMENDED

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

Congress assembled:

SECTION 1. Under Section 23 of Republic Act No. 8042, as amended by
Republic Act No. 10022, add new paragraph (e) to read as follows:

“SEC. 23. ROLE OF GOVERNMENT AGENCIES.

The following
government agencies shall perform the following to promote the
welfare and protect the rights of migrant workers and, as far as

applicable, all overseas Filipinos:
xxx

(d) Local Government Units. - In the fight against illegal
recruitment, the local government units (LGUs), in partnership with
the POEA, other concerned government agencies, and non-
government organizations advocating the rights and welfare of
overseas Filipino workers, shall take a proactive stance by being
primarily responsible for the dissemination of information to their
constituents on all aspects of overseas employment. To carry out this
task, the following shall be undertaken by the LGUs:



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(d.1) Provide a venue for the POEA, other concerned government
agencies and non-government organizations to conduct PEOS to

their constituents on a regular basis;

(d.2) Establish overseas Filipino worker help desk or kiosk in their
localities with the objective of providing current information to
their constituents on all the processes and aspects of overseas
employment. Such desk or kiosk shall, as far as practicable, be fully
computerized and shall be linked to the database of all concerned
government agencies, particularly the POEA for its updated lists of
overseas job orders and licensed recruitment agencies in good

standing.

(E) COMMISSION ON HUMAN RIGHTS. —- THE
COMMISSION ON HUMAN RIGHTS (CHR) SHALL
DEVELOP AND MONITOR A HUMAN RIGHTS
EDUCATION PROGRAM FOR OVERSEAS FILIPINO
WORKERS, IN LINE WITH ITS FUNCTION TO ESTABLISH
A CONTINUING PROGRAM OF RESEARCH, EDUCATION,
AND INFORMATION TO ENHANCE RESPECT FOR THE
PRIMACY OF HUMAN RIGHTS. IN PARTNERSHIP WITH
THE POEA, THE DFA, THE DOLE AND OTHER
CONCERNED GOVERNMENT AGENCIES. THE PROGRAM
WILL SUPPLEMENT THE PRE-DEPARTURE AND THE
POST-ARRIVAL ORIENTATION SEMINARS, BY
INTEGRATING HUMAN RIGHTS EDUCATION IN THE
AGENCIES’ RESPECTIVE PROGRAMS.

‘THE CHR, AS GENDER OMBUD, SHALL ALSO PROMOTE
THE PRIMACY OF HUMAN RIGHTS OF WOMEN AND
PERSONS WITH DIVERSE SEXUAL ORIENTATION OR
GENDER IDENTITY THROUGH RESEARCH, EDUCATION
AND INFORMATION.

LIKEWISE, THE OFFICIAL MISSIONS ABROAD,
INCLUDING EMBASSIES AND CONSULATES, ARE
HEREBY MANDATED TO ACTIVELY INVOLVE THE CHR



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IN THEIR SYSTEM AND PROVISION OF LEGAL
ASSSISTANCE TO OUR MIGRANT WORKERS. ON ITS
PART, AND IN COORDINATION WITH THE CONCERNED
UNIT AND PERSONNEL OF OUR MISSIONS ABROAD,
THE CHR SHALL EXERT UTMOST EFFORTS TO FULFILL
ITS CONSTITUTIONAL MANDATE OF PROVIDING FOR
PREVENTIVE MEASURES AND LEGAL AID ASSISTANCE
TO THE WORKERS WHO ARE IN NEED OF PROTECTION
OR REDRESS FROM ABUSES AND VIOLATIONS OF
HUMAN RIGHTS.”

SEC. 2. Repealing Clause. — Any law, presidential decree or issuance, executive
order, letter of instruction, rule or regulation inconsistent with the provisions of this
Act is hereby repealed or modified accordingly.

SEC. 3. Separability Clause. — If, for any reason, any section or provision of
this Act is held unconstitutional or invalid, the other sections or provisions hereof shall
not be affected and thereby remain in full force and effect.

SEC. 4. Effectivity Clause. — This Act shall take effect fifteen (15) days following
its publication in the Official Gazette or in two (2) newspapers of general circulation

in the Philippines.

Approved,