TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
(Sffirr I!.
25 AUG-5 P4:32
SENATE 
S. No. 969
Rl'CEiVhD BV;
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
ESTABLISHING GREATER RESPONSIBILITY AND ACCOUNTABILITY FROM 
PRIVATE EMPLOYMENT AGENCIES, AMENDING FOR THE PURPOSE 
REPUBLIC ACT NO. 10361, OTHERWISE KNOWN AS THE "BATAS 
KASAMBAHAY"
EXPLANATORY NOTE
The enactment of Batas Kasambahay was a long and arduous one. It took 
years and several Congresses before it was finally passed into law. With all humility, 
this Representation is privileged to have been given the opportunity to sponsor it in 
the halls of the Senate in the 15th Congress as then the Chairperson of the Committee 
on Labor, Employment and Human Resources Development. The consolidated efforts 
of the Congress and the advocates of the rights and welfare of kasambahays led to 
the passage of Republic Act No. 10361, otherwise known as the "Domestic Workers 
Act" or "Batas Kasambahay" on January 18, 2013.
The landmark legislation encapsulated the prescribed terms and conditions of 
employment of the kasambahays as well as the social benefits that should be provided 
to them. More than one decade after its passage, we have seen the active 
coordination of various concerned agencies such as the Department of Labor and 
Employment (DOLE), Philippine Health Insurance Corporation (PhilHealth), Social 
Security System (SSS), and Home Development Mutual Fund (HDMF) or Pag-Ibig Fund 
to implement its provisions. Regional Tripartite Wage Boards also prescribed minimum 
wages for kasambahays.


While we have seen its benefits for the kasambahays, there is a need to provide 
equal protection to their employers given that fact that the nature and place of their 
work is so intimate to the latter. Hence, the need to introduce amendments to 
Republic Act No. 10361.
This bill seeks to require private employment agencies (PEA) to ensure that the 
applicant kasambahay\s clear of any criminal records and to conduct actual verification 
of the residence and the family background of the applicant. Moreover, the PEAs will 
also be subsidiarily liable in relation to any criminal act committed by the kasambahay 
in the course of his or her employment for a period of one (1) year.
In view of the foregoing, the immediate passage of this bill is earnestly sought.
INGGOY EJERCITO ESTRADA


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TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
"fMflfr I
)
SENATE 
S. No.
25 AUG-5 P4 32
RKEI'/'.Ofi’:;
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
ESTABLISHING GREATER RESPONSIBILITY AND ACCOUNTABILITY FROM 
PRIVATE EMPLOYMENT AGENCIES, AMENDING FOR THE PURPOSE 
REPUBLIC ACT NO. 10361, OTHERWISE KNOWN AS THE "BATAS 
KASAMBAHAY"
Be it enacted by the Senate and House of Representative of the Philippines in Congress 
assembled:
Section 1. Section 36 of Republic Act No. 10361, otherwise known as the "Batas 
Kasambahay", is hereby amended to read as follows:
"Sec. 36. Regulation of Private Employment Agencies 
(PEAs). - The DOLE shall, through a system of licensing and 
regulation, ensure the protection of BOTH THE domestic 
workers hired through the PEAs AND THEIR EMPLOYERS.
"x X X
"x X X
"In addition, PEAs shall have the following 
responsibilities:
"(A) ENSURE THAT THE DOMESTIC HELPER HAS 
NO CRIMINAL RECORD, AND THERE IS SUFFICIENT 
INFORMATION ON THE BONAFIDE RESIDENCE AND 
FAMILY BACKGROUND THROUGH ACTUAL 
VERIFICATION, AND TO THE EXTENT POSSIBLE,


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SUPPORTED BY RELEVANT DOCUMENTS SUCH AS
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NATIONAL BUREAU OF INVESTIGATION (NBI),
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POLICE AND BARANGAY CLEARANCES OR
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CERTIFICATES, AND BIRTH CERTIFICATES;
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"[(^] (B) Ensure that THE domestic worker [s are]
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IS not charged or levied any recruitment or placement fees;
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”[(^] (C) Ensure that the employment agreement
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between the domestic worker and the employer stipulates the
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terms and conditions of employment and all the benefits
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prescribed by this Act;
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"[(€)] (D) Provide a pre-employment orientation
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briefing to the domestic worker and the employer about their
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rights and responsibilities in accordance with this Act;
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”[(^] (E) Keep copies of employment contracts and
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agreements pertaining to THE recruited domestic worker[s]
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which shall be made available during inspections or whenever
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required by the DOLE or local government officials;
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"[{^] (F) Assist THE domestic worker[s] with respect
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to complaints or grievances against the[if] employer[s]; and,
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”[^] (G) Cooperate with government agencies in
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rescue operations involving AN abused or exploited domestic
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worker[s]."
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Sec. 2. A new sub-section is hereby inserted after Section 36 of the "Batas
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Kasambahay" which shall read as follows:
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"SEC. 36-A. RESPONSIBILITY OF PEAs TO
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EMPLOYERS. - THE PEA SHALL BE SUBSIDIARILY
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LIABLE IN RELATION TO ANY CRIMINAL ACT
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COMMITTED BY THE DOMESTIC WORKER AGAINST
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THE EMPLOYER IN THE COURSE OF THE DOMESTIC
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WORKER'S EMPLOYMENT: PROVIDED, THAT SUCH
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ACCOUNTABILITY SHALL CEASE AFTER ONE (1) YEAR


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FROM THE FIRST DAY OF THE DOMESTIC WORKER'S
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EMPLOYMENT WITH THE EMPLOYER.''
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Sec. 3. Implementing Rules and Regulations. - Within ninety (90) days from
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the effectivity of this Act, the Secretary of Labor and Employment shall, in coordination
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with the Secretary of Social Welfare and Development, the Secretary of the Interior
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and Local Government, the Director General of the Philippine National Police, other
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concerned government agencies, and accredited non-government organizations
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assisting domestic workers, promulgate the necessary rules and regulations to
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implement this Act,
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Sec. 4. Separability Cause. - If any provision or part hereof is held invalid or
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unconstitutional, the remainder of the law or the provision or part not otherwise
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affected shall remain valid and subsisting.
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Sec. 5. Repealing Cause. - All laws, decrees, orders, rules and regulations or
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parts thereof inconsistent with this Act are hereby repealed or amended accordingly.
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Sec. 6. Effectivity. - This Act shall take effect fifteen (15) days after its
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publication in the OfTicial Gazette ov in two (2) newspapers of general circulation.
Approved,