reo Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

THIRTEENTH CONGRESS
First Regular Session

HB No. 383

Introduced by Rep. Roseller L. Barinaga

EXPLANATORY NOTE

This bill seeks to amend Section 15 of Republic Act Act No. 8042, otherwise known as the
Migrant Workers and Overseas Filipinos Act of 1995. In effect the proposed amendment puts a
prohibition against the Overseas Workers Welfare Administration (OWWA) from using the
OWWA Emergency Repatriation Fund under its administration, control and supervision for the
purpose of funding the repatriation of OF Ws wo are unregistered and illegal.

It has been a customary practice that during emergency cases where immediate repatriation of
OFWs is deemed necessary, the OWWA resorts to use its Emergency Repatriation Fund without
minding whether the OFWs being repatriated have contributed to the funds or not.

This practice should be stopped. Allowing OWWA to use the said fiund for the benefit of all
including those who avoid the burden of paying their obligations is not just. It is simply not fair
on the part of OFWs who are conscientious about their duty and obligation to contribute if others
who by sheer neglect would still enjoy the benefit. The proposed measure will not, in any way,
deny unregistered and illegal OFWs of their right to be repatriated. The Department of Foreign
Affairs which has its own separate budgetary allocation for the purpose has also been mandated
by Section 23 (a) of Republic Act No. 8042 “to protect the rights of migrant workers and other
overseas Filipinos and extend immediate assistance including repatriation of distressed or
beleaguered migrant workers and other overseas Filipinos.”

The bill, therefore, mandates the use of OWWA Emergency Repatriation Fund for the
repatriation purposes of registered and legal OFWs only. In this way, government will be able to
show to OFWs that it pays to be conscientious of their obligations to the government.

Approval of this bill is eamestly sought.

(OSELLER L. BARINAGA
Representative, 2" District

Zamboanga del Norte



‘FHIRTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

uBno, 383

Introduced by Rep. Roseller L. Barinaga

AN ACT
TO PROHIBIT THE USE OF OWWA EMERGENCY REPATRIATION FUND FOR
THE REPATRIATION OF UNREGISTERED AND ILLEGAL OVERSEAS FILIPINO
‘WORKERS (OFWs), AMENDING FOR THE PURPOSE SECTION 15 OF REPUBLIC
ACT NO. 8042 AND FOR OTHER PURPOSES

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

SECTION 1. Section 15 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. 15. Repatriation of Workers; Emergency Repatriation Fund. - XXX.

“The Overseas Workers Welfare Administration (OWWA), in coordination with
appropriate international agencies, shall undertake repatriation of REGISTERED AND
LEGAL workers in cases of war, epidemic, disasters or calamities, natural or man-made,
and other similar events without prejudice to reimbursement by the responsible principal
or agency. However, in cases where the principal or recruitment agency cannot be
identified, all costs attendant to repatriation shall be borne by the OWWA.

SEC. 2. This Act shall take effect after fifteen (15) days following its publication in the
Official Gazette or in two (2) newspapers of general circulation in the Philippines, whichever
comes earlier.

Approved.