Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

THIRTEENTH CONGRESS
First Regular Session
HBNo,_346

Introduced by Rep. Roseller L. Barinaga

EXPLANATORY NOTE

This bill seeks to strengthen the regulatory functions of the Philippine Overseas Employment
Administration (POBA) amending for this purpose Republic Act No. 8042, otherwise known
as the “Migrant Workers and Overseas Filipinos Act of 1995”.

This bill seeks to repeal the entire deregulation and phase-out provisions of Sections
29 and 30 of Republic Act No. 8042, otherwise known as the Migrant Workers and
Overseas Filipinos Act of 1995.

Deregulation of the labor export industry, where “migration of workers becomes
strictly @ matter between the worker and his foreign employer,” places migrant
workers at greater risk of violations of their rights.

Further, RA No. 8042 assures that “the ultimate protection of migrant workers is the

of skits.” Philippine experience shows that skils have not been a
guarantee of protection. Professional and skiled overseas Filipino workers (OFWs),
especially women, are not spared from the abuses committed against unskiled
workers.

Deregulation will reduce government's responsibility to that of a provider of
information regarding the situation of the receiving country where an OFW intends to
work, and in case the OFW still decides to work overseas, the responsibility to
Protect his or her rights is left in the hands of the OFW himself or herself.

This bill ultimately will prove the firm commitment of the national government to
uphold the interest and welfare of ts OFWs who are considered the heroes of
Philippine economy.

of this bill is urgent and necessary.

sentative
District, Zamboanga del Norte


Congress of the Philippines)
Thirteenth Congress )
First Regular Session )

HOUSE OF REPRESENTATIVES
HBNO.___ 346

Introduced by Rep. Roseller L. Barinaga

ANACT
STRENGTHENING THE REGULATORY FUNCTIONS OF THE PHILIPPINE
OVERSEAS EMPLOYMENT ADMINISTRATION (POEA) AMENDING FOR THIS
PURPOSE REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS THE “MIGRANT
‘WORKERS AND OVERSEAS FILIPINOS ACT OF 1995”

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

SECTION 1. Section 23, paragraph (b.1) of Republic Act No. 8042, otherwise
known as the “Migrant Workers and Overseas Filipinos Act of 1995” is hereby amended to
read as follows:

“(b.l) Philippine Overseas Employment Administration. - [Subject to
deregulation and phase-out as provided under Sections 29 and 30 herein, t]
The Administration shall regulate private sector participation in the
recruitment and overseas placement of workers by setting up a licensing and
registration system. It shall also formulate and implement, in coordination
With appropriate entities concemed, when necessary, a system for promoting
‘and monitoring the overseas employment of Filipino workers taking into
consideration their welfare and the domestic manpower requirements.”

SEC. 2. Section 29 of the same law is hereby repealed:

“[SECTION 29. Comprehensive Deregulation Plan on Recruitment Activities.
= Pursuant to progressive policy of deregulation whereby the migration of
workers becomes strictly @ matter between the worker and his foreign
employer, the DOLE, within one (1) year from the effectivity of this Act, is
hereby mandated to formulate a five-year comprehensive deregulation plan on
Tecruitment activities taking into account labor market trends, economic
conditions of the country and emerging circumstances which may affect the
welfare of migrant workers.J”

SEC. 3. Section 30 of the same law is hereby repealed:


“[SECTION 30. Gradual Phase-out of Regulatory Functions. — Within 9
period of five (5) years from the effectivity of this Act, the DOLE shell phase-
Out the regulatory functions of the POEA pursuant to the objectives of
deregulation)”

SEC. 4, All laws, orders, issuances, rules and regulstions or part thereof inconsistent’
with the provisions of this Act are hereby repealed, amended, or modified accordingly.

SEC. 5. 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.