OPES
RECEIVED “2
ATER. 24200

EIGHTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES
H.B.No._6381_

Introduced by Representative TEODORICO “NONONG” T. HARESCO, JR.

EXPLANATORY NOTE

The Legal Assistance Fund (LAF), run by the legal assistant for migrant workers of
the Department of Foreign Affairs, exist to cover assistance costs to help distressed Filipino
migrants with repatriation, shipment of remains, hospitalization, temporary
accommodation, food and basic supplies, and other similar expenses.

In 2018, with 95.04% utilization rate, the P200 million LAF assisted a total of 3,735
overseas Filipinos. With the same funding in 2019, from January to July, 3,728 overseas,
Filipinos benefitted from the LAF. Expenditures for the LAF include professional and legal
fees for foreign lawyers who represent OFWs facing charges, bail bonds to secure the
temporary release of individuals detained, and other fees to include public information
campaign, media notices, translation and medical fees.

Republic Act No. 8042, or the "Migrant Workers and Overseas Filipinos Act of 1995",
established the Legal Assistance Fund for migrant workers in order to protect and promote
the rights and welfare of Filipino migrant workers. However, the Omnibus Rules and
Regulations Implementing Republic Act No. 8042, as amended, limited its application
through the provision of a specific set of instances for the utilization of the Legal Assistance
Fund.

Itis in this light that this bill seeks to bolster the scope of use of the LAF to include
the time of the commencement of the complaint all the way to the trial proper until the
execution of judgment up to all levels of appeal a distressed Filipino migrant worker can
avail.

In view of the foregoing, the earnest passage of this bill is sought.

Ul :

TEODRORICO “NONON! \RESCO, JR.
Representative


EIGHTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )
First Regular Session )
HOUSE OF REPR! "ATIVES
MB No od8L

Introduced by Representative TEODORICO “NONONG” T. HARESCO, JR.

AN ACT
EXPANDING THE USE OF LEGAL ASSISTANCE FUND, AMENDING FOR THE
PURPOSE SECTION 26 OF REPUBLIC ACT NO. 8042, AS AMENDED,
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. Section 26 of Republic Act No. 8042, otherwise known as the “Migrant
Workers and Overseas Filipinos Act of 1995,” as amended by Republic Act No. 10022, is hereby
amended to read as follow:

“SEC. 26. Uses of Legal Assistance Fund. - The Legal Assistance Fund created under the
preceding section shall be used exclusively to provide legal services to migrant workers
and overseas Filipinos in distress in accordance with the guidelines, criteria and
procedures promulgated in accordance with Section 24(a) hereof. The expenditures to
be charged against the Fund shall include the fees for foreign lawyers to be hired by the
[Legal Assistant] OFFICE OF THE UNDERSECRETARY for Migrant Workers Affairs to
represent migrant workers facing charges or in filing cases against erring or abusive
employers AND OTHER OFFENDERS abroad, bail bonds to secure the temporary release
OF MIGRANT WORKERS AND OVERSEAS FILIPINOS IN DISTRESS, and other litigation
expenses;

PROVIDED, THAT THE LEGAL ASSISTANCE FUND SHALL, AT ALL TIMES, BE MADE
IMMEDIATELY AVAILABLE FOR MIGRANT WORKERS FACING CHARGES ABROAD FROM
THE TIME OF THE COMMENCEMENT OF THE COMPLAINT, ACTION OR SIMILAR
PROCEEDING, ALL THE WAY TO THE TRIAL PROPER UNTIL THE EXECUTION OF
JUDGMENT AND AT ALL LEVELS OF APPEAL;


[Provided, That] At the end of every year, the Department of Foreign Affairs shall include
in its report to Congress, as provided for under Section 33 of this Act, the status of the
Legal Assistance Fund, including the expenditures from the said fund duly audited by the
Commission on Audit (COA);

Provided, further, That the hiring of foreign legal counsels, when circumstances warrant
urgent action, shall be exempt from the coverage of Republic Act No. 9184 or the

Government Procurement Act.”

SECTION 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.

SECTION 3. Effectivity Clause. - This Act shall take effect within fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general circulation,

whichever comes earlier.

Approved,