Page |1

Republic of the Philippines with other states, the State shall, at all
Congress of the Philippines times, uphold the dignity of its citizens
Manila whether in country or overseas, in general,
and Filipino migrant workers, in
Third Regular Session particular, continuously monitor
international conventions, adopt/be
Begun and held in Metro Manila, on signatory to and ratify those that
Monday, the twenty-fifth day of July, guarantee protection to our migrant
nineteen hundred and ninety-four. workers, and endeavor to enter into
bilateral agreements with countries
REPUBLIC ACT NO. 8042
hosting overseas Filipino workers.”
AN ACT TO INSTITUTE THE POLICIES OF
(b) The State shall afford full protection to
OVERSEAS EMPLOYMENT AND
labor, local and overseas, organized and
ESTABLISH A HIGHER STANDARD OF
unorganized, and promote full
PROTECTION AND PROMOTION OF THE
employment and equality of employment
WELFARE OF MIGRANT WORKERS,
opportunities for all. Towards this end, the
THEIR FAMILIES AND OVERSEAS
State shall provide adequate and timely
FILIPINOS IN DISTRESS, AND FOR
social, economic and legal services to
OTHER PURPOSES
Filipino migrant workers.
Begun and held in Metro Manila, on
(c) While recognizing the significant
Monday, the twenty-seventh day of July,
contribution of Filipino migrant workers
two thousand nine.
to the national economy through their
REPUBLIC ACT No. 10022 foreign exchange remittances, the State
does not promote overseas employment
AN ACT AMENDING REPUBLIC ACT NO. as a means to sustain economic growth
8042, OTHERWISE KNOWN AS THE and achieve national development. The
MIGRANT WORKERS AND OVERSEAS existence of the overseas employment
FILIPINOS ACT OF 1995, AS AMENDED, program rests solely on the assurance that
FURTHER IMPROVING THE STANDARD the dignity and fundamental human rights
OF PROTECTION AND PROMOTION OF and freedoms of the Filipino citizens shall
THE WELFARE OF MIGRANT not, at any time, be compromised or
WORKERS, THEIR FAMILIES AND violated. The State, therefore, shall
OVERSEAS FILIPINOS IN DISTRESS, continuously create local employment
AND FOR OTHER PURPOSES opportunities and promote the equitable
distribution of wealth and the benefits of
Be it enacted by the Senate and House of development.
Representatives of the Philippines in
Congress assembled: (d) The State affirms the fundamental
equality before the law of women and men
SECTION 1. Short Title. – This act shall be and the significant role of women in
known and cited as the “Migrant Workers nation-building. Recognizing the
and Overseas Filipinos Act of 1995.” contribution of overseas migrant women
workers and their particular
SEC. 2. Declaration Of Policies— vulnerabilities, the State shall apply
gender sensitive criteria in the
“(a) In the pursuit of an independent formulation and implementation of
foreign policy and while considering policies and programs affecting migrant
national sovereignty, territorial integrity, workers and the composition of bodies
national interest and the right to self- tasked for the welfare of migrant workers.
determination paramount in its relations
 Page |2

“(e) Free access to the courts and quasi- Nonetheless, the deployment of Filipino
judicial bodies and adequate legal overseas workers, whether land-based or
assistance shall not be denied to any sea-based by local service contractors and
person by reason of poverty. In this manning agencies employing them shall
regard, it is imperative that an effective be encouraged. Appropriate incentives
mechanism be instituted to ensure that the may be extended to them.
rights and interest of distressed overseas
Filipinos, in general, and Filipino migrant SEC. 3. DEFINITIONS. – For purposes of
workers, in particular, whether this Act:
regular/documented or
irregular/undocumented, are adequately “(a) “Overseas Filipino worker” refers to a
protected and safeguarded.” person who is to be engaged, is engaged or
has been engaged in a remunerated
(f) The right of Filipino migrant workers activity in a state of which he or she is not
and all overseas Filipinos to participate in a citizen or on board a vessel navigating
the democratic decision-making processes the foreign seas other than a government
of the State and to be represented in ship used for military or non-commercial
institutions relevant to overseas purposes or on an installation located
employment is recognized and offshore or on the high seas; to be used
guaranteed. interchangeably with migrant worker.”

“(g) The State recognizes that the most (b) “Gender-sensitivity” shall mean
effective tool for empowerment is the cognizance of the inequalities and
possession of skills by migrant workers. inequities prevalent in society between
The government shall provide them free women and men and a commitment to
and accessible skills development and address issues with concern for the
enhancement programs. Pursuant to this respective interests of the sexes.
and as soon as practicable, the
government shall deploy and/or allow the (c) “Overseas Filipinos” refers to
deployment only of skilled Filipino dependents of migrant workers and other
workers.” Filipino nationals abroad who are in
distress as mentioned in Sections 24 and
“(h) The State recognizes non- 26 of this Act.
governmental organizations, trade unions,
workers associations, stakeholders and I.
their similar entities duly recognized as DEPLOYMENT
legitimate, are partners of the State in the
“SEC. 4. Deployment of Migrant Workers. –
protection of Filipino migrant workers and
The State shall allow the deployment of
in the promotion of their welfare. The
overseas Filipino workers only in
State shall cooperate with them in a spirit
countries where the rights of Filipino
of trust and mutual respect. The significant
migrant workers are protected. The
contribution of recruitment and manning
government recognizes any of the
agencies shall from part this partnership.”
following as a guarantee on the part of the
(i) Government fees and other receiving country for the protection of the
administrative costs of recruitment, rights of overseas Filipino workers:
introduction, placement and assistance to
“(a) It has existing labor and social laws
migrant workers shall be rendered free
protecting the rights of workers, including
without prejudice to the provision of
migrant workers;
Section 36 hereof.
 Page |3

“(b) It is a signatory to and/or a ratifier of navigating the foreign seas or to

multilateral conventions, declarations or installations located offshore or on high
resolutions relating to the protection of seas whose owners/employers are
workers, including migrant workers; and compliant with international laws and
standards that protect the rights of
“(c) It has concluded a bilateral agreement migrant workers.
or arrangement with the government on
the protection of the rights of overseas “The State shall likewise allow the
Filipino Workers: deployment of overseas Filipino workers
to companies and contractors with
Provided, That the receiving country is international operations: Provided, That
taking positive, concrete measures to they are compliant with standards,
protect the rights of migrant workers in conditions and requirements, as embodied
furtherance of any of the guarantees under in the employment contracts prescribed
subparagraphs (a), (b) and (c) hereof. by the POEA and in accordance with
internationally-accepted standards.”
“In the absence of a clear showing that any
of the aforementioned guarantees exists in “SEC. 5. Termination or Ban on
the country of destination of the migrant Deployment. – Notwithstanding the
workers, no permit for deployment shall provisions of Section 4 hereof, in pursuit of
be issued by the Philippine Overseas the national interest or when public
Employment Administration (POEA). welfare so requires, the POEA Governing
Board, after consultation with the
“The members of the POEA Governing Department of Foreign Affairs, may, at any
Board who actually voted in favor of an time, terminate or impose a ban on the
order allowing the deployment of migrant deployment of migrant workers.”
workers without any of the
aforementioned guarantees shall suffer II.
the penalties of removal or dismissal from ILLEGAL RECRUITMENT
service with disqualification to hold any
appointive public office for five (5) years, “SEC. 6. Definition. – For purposes of this
Further, the government official or Act, illegal recruitment shall mean any act
employee responsible for the issuance of of canvassing, enlisting, contracting,
the permit or for allowing the deployment transporting, utilizing, hiring, or procuring
of migrant workers in violation of this workers and includes referring, contract
section and in direct contravention of an services, promising or advertising for
order by the POEA Governing Board employment abroad, whether for profit or
prohibiting deployment shall be meted the not, when undertaken by non-licensee or
same penalties in this section. non-holder of authority contemplated
under Article 13(f) of Presidential Decree
“For this purpose, the Department of No. 442, as amended, otherwise known as
Foreign Affairs, through its foreign posts, the Labor Code of the Philippines:
shall issue a certification to the POEA, Provided, That any such non-licensee or
specifying therein the pertinent non-holder who, in any manner, offers or
provisions of the receiving country’s promises for a fee employment abroad to
labor/social law, or the two or more persons shall be deemed so
convention/declaration/resolution, or the engaged. It shall likewise include the
bilateral agreement/arrangement which following acts, whether committed by any
protect the rights of migrant workers. person, whether a non-licensee, non-
holder, licensee or holder of authority:
“The State shall also allow the deployment
of overseas Filipino workers to vessels
 Page |4

“(a) To charge or accept directly or required by the Secretary of Labor and

indirectly any amount greater than that Employment;
specified in the schedule of allowable fees
prescribed by the Secretary of Labor and “(i) To substitute or alter to the prejudice
Employment, or to make a worker pay or of the worker, employment contracts
acknowledge any amount greater than approved and verified by the Department
that actually received by him as a loan or of Labor and Employment from the time of
advance; actual signing thereof by the parties up to
and including the period of the expiration
“(b) To furnish or publish any false notice of the same without the approval of the
or information or document in relation to Department of Labor and Employment;
recruitment or employment;
“(j) For an officer or agent of a recruitment
“(c) To give any false notice, testimony, or placement agency to become an officer
information or document or commit any or member of the Board of any corporation
act of misrepresentation for the purpose of engaged in travel agency or to be engaged
securing a license or authority under the directly or indirectly in the management of
Labor Code, or for the purpose of travel agency;
documenting hired workers with the
POEA, which include the act of “(k) To withhold or deny travel documents
reprocessing workers through a job order from applicant workers before departure
that pertains to nonexistent work, work for monetary or financial considerations,
different from the actual overseas work, or or for any other reasons, other than those
work with a different employer whether authorized under the Labor Code and its
registered or not with the POEA; implementing rules and regulations;

“(d) To include or attempt to induce a “(l) Failure to actually deploy a contracted

worker already employed to quit his worker without valid reason as
employment in order to offer him another determined by the Department of Labor
unless the transfer is designed to liberate and Employment;
a worker from oppressive terms and
conditions of employment; “(m) Failure to reimburse expenses
incurred by the worker in connection with
“(e) To influence or attempt to influence his documentation and processing for
any person or entity not to employ any purposes of deployment, in cases where
worker who has not applied for the deployment does not actually take
employment through his agency or who place without the worker’s fault. Illegal
has formed, joined or supported, or has recruitment when committed by a
contacted or is supported by any union or syndicate or in large scale shall be
workers’ organization; considered an offense involving economic
sabotage; and
“(f) To engage in the recruitment or
placement of workers in jobs harmful to “(n) To allow a non-Filipino citizen to head
public health or morality or to the dignity or manage a licensed
of the Republic of the Philippines; recruitment/manning agency.

“(h) To fail to submit reports on the status “Illegal recruitment is deemed committed
of employment, placement vacancies, by a syndicate if carried out by a group of
remittance of foreign exchange earnings, three (3) or more persons conspiring or
separation from jobs, departures and such confederating with one another. It is
other matters or information as may be deemed committed in large scale if
 Page |5

committed against three (3) or more any kind of recruitment activity including
persons individually or as a group. the processing of pending workers’
applications; and
“In addition to the acts enumerated above,
it shall also be unlawful for any person or “(7) For a recruitment/manning agency or
entity to commit the following prohibited a foreign principal/employer to pass on
acts: the overseas Filipino worker or deduct
from his or her salary the payment of the
“(1) Grant a loan to an overseas Filipino cost of insurance fees, premium or other
worker with interest exceeding eight insurance related charges, as provided
percent (8%) per annum, which will be under the compulsory worker’s insurance
used for payment of legal and allowable coverage.
placement fees and make the migrant
worker issue, either personally or through “The persons criminally liable for the
a guarantor or accommodation party, above offenses are the principals,
postdated checks in relation to the said accomplices and accessories. In case of
loan; juridical persons, the officers having
ownership, control, management or
“(2) Impose a compulsory and exclusive direction of their business who are
arrangement whereby an overseas responsible for the commission of the
Filipino worker is required to avail of a offense and the responsible
loan only from specifically designated employees/agents thereof shall be liable.
institutions, entities or persons;
“In the filing of cases for illegal
“(3) Refuse to condone or renegotiate a recruitment or any of the prohibited acts
loan incurred by an overseas Filipino under this section, the Secretary of Labor
worker after the latter’s employment and Employment, the POEA Administrator
contract has been prematurely terminated or their duly authorized representatives,
through no fault of his or her own; or any aggrieved person may initiate the
corresponding criminal action with the
“(4) Impose a compulsory and exclusive appropriate office. For this purpose, the
arrangement whereby an overseas affidavits and testimonies of operatives or
Filipino worker is required to undergo personnel from the Department of Labor
health examinations only from specifically and Employment, POEA and other law
designated medical clinics, institutions, enforcement agencies who witnessed the
entities or persons, except in the case of a acts constituting the offense shall be
seafarer whose medical examination cost sufficient to prosecute the accused.
is shouldered by the principal/shipowner;
“In the prosecution of offenses punishable
“(5) Impose a compulsory and exclusive under this section, the public prosecutors
arrangement whereby an overseas of the Department of Justice shall
Filipino worker is required to undergo collaborate with the anti-illegal
training, seminar, instruction or schooling recruitment branch of the POEA and, in
of any kind only from specifically certain cases, allow the POEA lawyers to
designated institutions, entities or take the lead in the prosecution. The POEA
persons, except fpr recommendatory lawyers who act as prosecutors in such
trainings mandated by cases shall be entitled to receive additional
principals/shipowners where the latter allowances as may be determined by the
shoulder the cost of such trainings; POEA Administrator.
“(6) For a suspended “The filing of an offense punishable under
recruitment/manning agency to engage in this Act shall be without prejudice to the
 Page |6

filing of cases punishable under other Labor and Employment, the Philippine
existing laws, rules or regulations.” Overseas Employment Administration, or
the Overseas Workers Welfare
SEC. 7. PENALTIES – Administration, or the Department of
Foreign Affairs, or other government
“SEC. 7. Penalties. – agencies involved in the implementation
of this Act, or their relatives within the
“(a) Any person found guilty of illegal
fourth civil degree of consanguinity or
recruitment shall suffer the penalty of
affinity, to engage, directly or indirectly, in
imprisonment of not less than twelve (12)
the business of recruiting migrant workers
years and one (1) day but not more than
as defined in this Act. The penalties shall
twenty (20) years and a fine of not less
be imposed upon them.
than One million pesos (P1,000,000.00)
nor more than Two million pesos SEC. 9. VENUE. – A criminal action arising
(P2,000,000.00). from illegal recruitment as defined herein
shall be filed with the Regional Trial Court
“(b) The penalty of life imprisonment and
of the province or city where the offense
a fine of not less than Two million pesos
was committed or where the offended
(P2,000,000.00) nor more than Five
party actually resides at the same time of
million pesos (P5,000,000.00) shall be
the commission of the offense: Provided,
imposed if illegal recruitment constitutes
That the court where the criminal action is
economic sabotage as defined therein.
first filed shall acquire jurisdiction to the
“Provided, however, That the maximum exclusion of other courts. Provided,
penalty shall be imposed if the person however, That the aforestated provisions
illegally recruited is less than eighteen shall also apply to those criminal actions
(18) years of age or committed by a non- that have already been filed in court at the
licensee or non-holder of authority. time of the effectivity of this Act.

“(c) Any person found guilty of any of the “SEC. 10. Money Claims. – Notwithstanding
prohibited acts shall suffer the penalty of any provision of law to the contrary, the
imprisonment of not less than six (6) years Labor Arbiters of the National Labor
and one (1) day but not more than twelve Relations Commission (NLRC) shall have
(12) years and a fine of not less than Five the original and exclusive jurisdiction to
hundred thousand pesos (P500,000.00) hear and decide, within ninety (90)
nor more than One million pesos calendar days after the filing of the
(P1,000,000.00). complaint, the claims arising out of an
employer-employee relationship or by
“If the offender is an alien, he or she shall, virtue of any law or contract involving
in addition to the penalties herein Filipino workers for overseas deployment
prescribed, be deported without further including claims for actual, moral,
proceedings. exemplary and other forms of damage.
Consistent with this mandate, the NLRC
“In every case, conviction shall cause and shall endeavor to update and keep abreast
carry the automatic revocation of the with the developments in the global
license or registration of the services industry.
recruitment/manning agency, lending
institutions, training school or medical “The liability of the principal/employer
clinic.” and the recruitment/placement agency for
any and all claims under this section shall
SEC. 8. PROHIBITION ON OFFICIALS AND be joint and several. This provision shall
EMPLOYEES. – Ot shall be unlawful for any be incorporated in the contract for
official or employee of the Department of overseas employment and shall be a
 Page |7

condition precedent for its approval. The “Noncompliance with the mandatory
performance bond to de filed by the periods for resolutions of case provided
recruitment/placement agency, as under this section shall subject the
provided by law, shall be answerable for responsible officials to any or all of the
all money claims or damages that may be following penalties:
awarded to the workers. If the
recruitment/placement agency is a “(a) The salary of any such official who
juridical being, the corporate officers and fails to render his decision or resolution
directors and partners as the case may be, within the prescribed period shall be, or
shall themselves be jointly and solidarily caused to be, withheld until the said
liable with the corporation or partnership official complies therewith;
for the aforesaid claims and damages.
“(b) Suspension for not more than ninety
“Such liabilities shall continue during the (90) days; or
entire period or duration of the
employment contract and shall not be “(c) Dismissal from the service with
affected by any substitution, amendment disqualification to hold any appointive
or modification made locally or in a foreign public office for five (5) years.
country of the said contract.
“Provided, however, That the penalties
“Any compromise/amicable settlement or herein provided shall be without prejudice
voluntary agreement on money claims to any liability which any such official may
inclusive of damages under this section have incured under other existing laws or
shall be paid within thirty (30) days from rules and regulations as a consequence of
approval of the settlement by the violating the provisions of this paragraph.”
appropriate authority.
SEC. 11. MANADATORY PERIODS FOR
“In case of termination of overseas RESOLUTION OF ILLEGAL RECRUITMENT
employment without just, valid or CASES. – The preliminary investigations of
authorized cause as defined by law or cases under this Act shall be terminated
contract, or any unauthorized deductions within a period of thirty (30) calendar
from the migrant worker’s salary, the days from the date of their filing. Where
worker shall be entitled to the full the preliminary investigation is conducted
reimbursement if his placement fee and by a prosecution officer and a prima facie
the deductions made with interest at case is established, the corresponding
twelve percent (12%) per annum, plus his information shall be filed in court within
salaries for the unexpired portion of his twenty-four (24) hours from the
employment contract or for three (3) termination of the investigation. If the
months for every year of the unexpired preliminary investigation is conducted by
term, whichever is less. a judge and a prima facie case is found to
exist, prosecution officer within forty-
“In case of a final and executory judgement eight (48) hours from the date of receipt of
against a foreign employer/principal, it the records of the case.
shall be automatically disqualified,
without further proceedings, from SEC. 12. PRESCRIPTIVE PERIODS. – Illegal
participating in the Philippine Overseas recruitment cases under this Act shall
Employment Program and from recruiting prescribe in five (5) years: Provided,
and hiring Filipino workers until and however, That illegal recruitment cases
unless it fully satisfies the judgement involving economic sabotage as defined
award. herein shall prescribe in twenty (20)
years.
 Page |8

“SEC. 13. Free Legal Assistance; to the agency concerned and/or its
Preferential Entitlement Under the Witness principal. Likewise, the repatriation of
Protection Program. – A mechanism for remains and transport of the personal
free legal assistance for victims of illegal belongings of a deceased worker and all
recruitment shall be established in the costs attendant thereto shall be borne by
anti-illegal recruitment branch of the the principal and/or local agency.
POEA including its regional offices. Such However, in cases where the termination
mechanism shall include coordination and of employment is due solely to the fault of
cooperation with the Department of the worker, the principal/employer or
Justice, the Integrated Bar of the agency shall not in any manner be
Philippines, and other non-governmental responsible for the repatriation of the
organizations and volunteer groups.” former and/or his belongings.

The provisions of Republic Act No. 6981 to The Overseas Workers Welfare
the contrary, notwithstanding, any person Administration (OWWA), in coordination
who is a victim of illegal recruitment shall ith appropriate international agencies,
be entitled to the Witness Protection shall undertake the repatriation of
Program provided thereunder. workers in cases of war, epidemic,
disasters or calamities, natural or man-
III. made, and other similar events without
SERVICES prejudice to reimbursement by the
responsible principal or agency. However,
SEC. 14. TRAVEL ADVISORY/ in cases where the principal or
INFORMATION DISSEMINATION. – To recruitment agency cannot be identified,
give utmost priority to the establishment all costs attendant to repatriation shall be
of programs and services to prevent illegal borne by the OWWA.
recruitment, fraud, and exploitation or
abuse of Filipino migrant workers, all For this purposes, there is hereby created
embassies and consular offices, through and established an emergency
the Philippine Overseas Employment repatriation fund under the
Administration (POEA), shall issue travel administration control and supervision of
advisories or disseminate information on the OWWA, initially to consist of one
labor and employment conditions, hundred million pesos (P100,000,000.00),
migration realities and other facts; and inclusive of outstanding balances.
adherence of particular countries to
international standards on human and “SEC. 16. Mandatory Repatriation of
workers’ rights which will adequately Underage Migrant Workers. – Upon
prepare individuals into making informed discovery or being informed of the
and intelligent decisions about overseas presence of migrant workers whose ages
employment. Such advisory or fall below the minimum age requirement
information shall be published in a for overseas deployment, the responsible
newspaper of general circulation at least officers in the foreign service shall without
three (3) times in every quarter. delay repatriate said workers and advise
the Department of Foreign Affairs through
SEC. 15. REPATRIATION OF WORKERS; the fastest means of communication
EMERGENCY REPATRIATION FUND. – The available of such discovery and other
repatriation of the worker and the relevant information. The license of a
transport of his personal belongings shall recruitment/manning agency which
be the primary responsibility of the agency recruited or deployed an underage
which recruited or deployed the worker migrant worker shall be automatically
overseas. All costs attendant to revoked and shall be imposed a fine of not
repatriation shall be borne by or charged less than Five hundred thousand pesos
 Page |9

(Php 500,000.00) but not more than One “SEC. 18. Functions of the National
million pesos (Php 1,000,000.00). All fees Reintegration Center for Overseas Filipino
pertinent to the processing of papers or Workers. -The Center shall provide the
documents in the recruitment or following services:
deployment shall be refunded in full by the
responsible recruitment/manning agency, “(a) Develop and support programs and
without need of notice, to the underage projects for livelihood, entrepreneurship,
migrant worker or to his parents or savings, investments and financial literacy
guardian. The refund shall be independent for returning Filipino migrant workers
of and in addition to the indemnification and their families in coordination with
for the damages sustained by the underage relevant stakeholders, service providers
migrant worker. The refund shall be paid and international organizations;
within thirty (30) days from the date of the
mandatory repatriation as provided for in “(b) Coordinate with appropriate
this Act.” stakeholders, service providers and
relevant international organizations for
“SEC. 17. Establishment of National the promotion, development and the full
Reintegration Center for Overseas Filipino utilization of overseas Filipino worker
Workers. -A national reintegration center returnees and their potentials;
for overseas Filipino workers (NRCO) is
hereby created in the Department of Labor “(c) Institute, in cooperation with other
and Employment for returning Filipino government agencies concerned, a
migrant workers which shall provide a computer-based information system on
mechanism for their reintegration into the returning Filipino migrant workers shall
Philippine society, serve as a promotion be accessible to all local recruitment
house for their local employment, and tap agencies and employers, both public and
their skills and potentials for national private;
development.
“(d) Proved a periodic study and
“The Department of Labor and assessment of job opportunities for
Employment, the Overseas Workers returning Filipino migrant workers;
Welfare Administration (OWWA), and the
“(e) Develop and implement other
Philippine Overseas Employment
appropriate programs to promote the
Administration (POEA) shall, within
welfare of returning Filipino migrant
ninety (90) days from the effectivity of this
workers;
Act, formulate a program that would
motivate migrant workers to plan for “(f) Maintain an internet-based
productive options such as entry into communication system for on-line
highly technical jobs or undertakings, registration and interaction with clients,
livelihood and entrepreneurial and maintain and upgrade computer-
development, better wage employment, based service capabilities of the NRCO;
and investment of savings.
“(g) Develop capacity-building programs
“For this purpose, the Technical Education for returning overseas Filipino workers
and Skills Development Authority and their families, implementers, service
(TESDA), the Technology Livelihood providers, and stakeholders; and
Resource Center (TLRC), and other
government agencies involved in training “(h) Conduct research for policy
and livelihood development shall give recommendations and program
priority to returnees who had been development.”
employed as domestic helpers and
entertainers.”
 P a g e | 10

SEC. 19. ESTABLISHMENT OF A MIGRANT holidays, and shall be staffed by Foreign

WORKERS AND OTHER OVERSEAS Service personnel, service attaches or
FILIPINOS RESOURCE CENTER. – Within officers who represent other Philippine
the premises and under the administrative government agencies abroad and, if
jurisdiction of the Philippine Embassy in available, individual volunteers and bona
countries where there are large fide non-government organizations from
concentrations of Filipino migrant the host countries. In countries
workers, there shall be establish a Migrant categorized as highly problematic by the
Workers and Other Overseas Filipinos Department of Foreign Affairs and the
Resource Center with the following Department of Labor and Employment
services: and where there is a concentration of
Filipino migrant workers, the government
(a) Counseling and legal services; must provide a Sharia or human rights
lawyer, a psychologist and a social worker
(b) Welfare assistance including the for the Center. In addition to these
procurement of medical and personnel, the government must also hire
hospitalization services; within the receiving country, in such
number as may be needed by the post,
(c) Information, advisory and programs to
public relation officers or case officers
promote social integration such as post-
who are conversant, orally and in writing,
arrival orientation, settlement and
with the local language, laws, customs and
community networking services for social
practices. The Labor Attache shall
integration;
coordinate the operation of the Center and
(d) Institute a scheme of registration of shall keep the Chief of Mission informed
undocumented workers to bring them and updated on all matters affecting it.”
within the purview of this Act. For this
The Center shall have a counterpart 24-
purpose, the Center is enjoined to compel
hour information and assistance center at
existing undocumented workers to
the Department of Foreign Affairs to
register with it within six (6) months from
ensure a continuous network and
the effectivity of this Act, under pain of
coordinative mechanism at the home
having his/her passport cancelled;
office.
(e) Human resource development, such as
“SEC. 20. Establishment of a Shared
training and skills upgrading;
Government Information System for
(f) Gender sensitive programs and Migration. – An interagency committee
activities to assist particular needs of composed of the Department of Foreign
women migrant workers; Affairs and its attached agency, the
Commission on Filipinos Overseas, the
(g) Orientation program for returning Department of Labor and Employment
workers and other migrants; and and its attached concerned agencies, the
Department of Tourism, the Department
(h) Monitoring of daily situations, of Justice the Bureau of Immigration, the
circumstances and activities affecting National Bureau of Investigation, the
migrant workers and other overseas Department of the Interior and Local
Filipinos. Government, the National
Telecommunications Commission, the
“The establishment and operations of the Commission on Information and
Center shall be a joint undertaking of the Communications Technology, the National
various government agencies. The Center Computer Center, the National Statistical
shall be open for twenty-four (24) hours and Coordination Board, the National
daily including Saturdays, Sundays and Statistics Office and other government
 P a g e | 11

agencies concerned with overseas “(c) Masterlists of departing/arriving

employment shall be established to Filipinos;
implement a shared government
information system for migration. The “(d) Statistical profile on Filipino migrant
interagency committee shall initially make workers/overseas Filipinos/tourists;
available to itself the information
contained in existing data bases/files. The “(e) Blacklisted foreigners/undesirable
second phase shall involve linkaging of aliens;
computer facilities on order to allow free-
“(f) Basic data on legal systems,
flow data exchanges and sharing among
immigration policies, marriage laws and
concerned agencies.
civil and criminal codes in receiving
“The inter-agency committee shall be co- countries particularly those with large
chaired by the Department of Foreign numbers of Filipinos;
Affairs and the Department of Labor and
“(g) List of Labor and other human rights
Employment.
instruments where receiving countries are
TheNationalComputerCentershall provide
signatories;
the necessary technical assistance and
shall set the appropriate information and “(h) A tracking system of past and present
communications technology standards to gender disaggregated cases involving male
facilitate the sharing of information among and female migrant workers, including
the member agencies. minors; and
“The inter-agency committee shall meet “(i) Listing of overseas posts which may
regularly to ensure the immediate and full render assistance to overseas Filipinos, in
implementation of this section and shall general, and migrant workers, in
explore the possibility setting up a central particular.”
storage facility for the data on migration.
The progress of the implementation of this SEC. 21. MIGRANT WORKERS LOAN
section shall be include in the report to GUARANTEE FUND. – In order to further
Congress of the Department of Foreign prevent unscrupulous illegal recruiters
Affairs and the Department of Labor and from taking advantage of workers seeking
Employment under Section 33. employment abroad, the OWWA, in
coordination with government financial
“The inter-agency committee shall institutions, shall institute financing
convene to identify existing data bases schemes that will expand the grant of pre-
which shall be declassified and shared departure loan and family assistance loan.
among member agencies. These shared For this purpose, a Migrant Workers Loan
data bases shall initially include, but not be Guarantee Fund is hereby created and the
limited to, the following information: revolving amount of one hundred million
pesos (P100,000,000.00) from the OWWA
“(a) Masterlists of Filipino migrant
is set aside as a guarantee fund in favor of
workers/overseas Filipino classified
participating government financial
according to occupation/job category, civil
institutions.
status, by country/state of destination
including visa classification; SEC. 22. RIGHTS AND ENFORCEMENT
MECHANISM UNDER INTERNATIONAL
“(b) Inventory of pending legal cases
AND REGIONAL HUMAN RIGHTS
involving Filipino migrant workers and
SYSTEMS. – The Department of Foreign
other Filipino nationals, including those
Affairs is mandated to undertake the
serving prison terms;
necessary initiative such as promotions,
 P a g e | 12

acceptance or adherence of countries Filipinos including the grant of legal

receiving Filipino workers to multilateral assistance and the referral to proper
convention, declaration or resolutions medical centers or hospitals:
pertaining to the protection of migrant
workers’ rights. The Department of “(b.1) Philippine Overseas Employment
Foreign Affairs is also mandated to make Administration. – The Administration
an assessment of rights and avenues of shall regulate private sector participation
redress under international and regional in the recruitment and overseas
human rights systems that are available to placement of workers by setting up a
Filipino migrant workers who are victims licensing and registration system. It shall
of abuse and violation and, as far as also formulate and implement, in
practicable and through the Legal coordination with appropriate entities
Assistant for Migrant Workers Affairs concerned, when necessary, a system for
created under this Act, pursue the same on promoting and monitoring the overseas
behalf of the victim if it is legally employment of Filipino workers taking
impossible to file individual complaints. If into consideration their welfare and the
a complaints machinery is available under domestic manpower requirements. It shall
international or regional systems, the be responsible for the regulation and
Department of Foreign Affairs shall fully management of overseas employment
apprise the Filipino migrant workers of from the pre-employment stage, securing
the existence and effectiveness of such the best possible employment terms and
legal options. conditions for overseas Filipino workers,
and taking into consideration the needs of
IV. vulnerable sectors and the peculiarities of
GOVERNMENT AGENCIES sea-based and land-based workers. In
appropriate cases, the Administration
SEC. 23. ROLE OF GOVERNMENT shall allow the lifting of suspension of
AGENCIES. – The following government erring recruitment/manning agencies
agencies shall perform the following to upon the payment of fine of Fifty thousand
promote the welfare and protect the rights pesos (P50,000.00) for every month of
of migrant workers and, as far as suspension.
applicable, all overseas Filipinos:
“in addition to its powers and functions,
(a) Department of Foreign Affairs. – The the Administration shall inform migrant
Department, through its home office or workers not only of their rights as workers
foreign posts, shall take priority action its but also of their rights as human beings,
home office or foreign posts, shall take instruct and guide the workers how to
priority action or make representation assert their rights and provide the
with the foreign authority concerned to available mechanism to redress violation
protect the rights of migrant workers and of their rights. It shall also be responsible
other overseas Filipinos and extend for the implementation, in partnership
immediate assistance including the with other law-enforcement agencies, of
repatriation of distressed or beleaguered an intensified program against illegal
migrant workers and other overseas recruitment activities. For this purpose,
Filipinos; the POEA shall provide comprehensive
Pre-Employment Orientation Seminars
(b) Department of Labor and Employment (PEOS) that will discuss topics such as
– The Department of Labor and prevention of illegal recruitment and
Employment shall see to it that labor and gender-sensitivity.
social welfare laws in the foreign countries
are fairly applied to migrant workers and “The Administration shall not engage in
whenever applicable, to other overseas the recruitment and placement of
 P a g e | 13

overseas workers except on a “(c) Department of Health. – The

government-to-government arrangement Department of Health (DOH) shall regulate
only. the activities and operations of all clinics
which conduct medical, physical, optical,
“In the recruitment and placement of dental, psychological and other similar
workers to service the requirements for examinations, hereinafter referred to as
trained and competent Filipino workers of health examinations, on Filipino migrant
foreign governments and their workers as requirement for their overseas
instrumentalitys, and such other employment. Pursuant to this, the DOH
employers as public interests may require, shall ensure that:
the Administration shall deploy only to
countries where the Philippine has ” (c.1) The fees for the health examinations
conclude bilateral labor agreements or are regulated, regularly monitored and
arrangements: Provided, That such duly published to ensure that the said fees
countries shall guarantee to protect the are reasonable and not exorbitant;
rights of Filipino migrant workers;
and Provided, further, That such countries ” (c.2) The Filipino migrant worker shall
shall observe and/or comply with the only be required to undergo health
international laws and standards for examinations when there is reasonable
migrant workers.” certainty that he or she will be hired and
deployed to the jobsite and only those
“(b.2) Overseas Workers Welfare health examinations which are absolutely
Administration. – The Welfare officer of in necessary for the type of job applied for or
his absence, the coordinating officer shall those specifically required by the foreign
provide the Filipino migrant worker and employer shall be conducted;
his family all the assistance they may need
in the enforcement of contractual ” (c.3) No group or groups of medical
obligations by agencies or entities and/or clinics shall have a monopoly of
by their principals. In the performance of exclusively conducting health
this function, he shall make representation examinations on migrant workers for
and may call on the agencies or entities certain receiving countries;
concerned to conferences or conciliation
meetings for the purpose of settling the ” (c.4) Every Filipino migrant worker shall
compliance or problems brought to his have the freedom to choose any of the
attention. The OWWA shall likewise DOH-accredited or DOH-operated clinics
formulate and implement welfare that will conduct his/her health
programs for overseas Filipino workers examinations and that his or her rights as
and their families while they are abroad a patient are respected. The decking
and upon their return. It shall ensure the practice, which requires an overseas
awareness by the overseas Filipino Filipino worker to go first to an office for
workers and their families of these registration and then farmed out to a
programs and other related governmental medical clinic located elsewhere, shall not
programs. be allowed;

“In the repatriation of workers to be ” (c.5) Within a period of three (3) years
undertaken by OWWA, the latter shall be from the effectivity of this Act, all DOH
authorized to pay repatriation-related regional and/or provincial hospitals shall
expenses, such as fines or penalties, establish and operate clinics that can be
subject to such guidelines as the OWWA serve the health examination
Board of Trustees may prescribe.” requirements of Filipino migrant workers
to provide them easy access to such clinics
 P a g e | 14

all over the country and lessen their dissemination of information to their
transportation and lodging expenses and constituents on all aspects of overseas
employment. To carry out this task, the
” (c.6) All DOH-accredited medical clinics, following shall be undertaken by the LGUs:
including the DOH-operated clinics,
conducting health examinations for “(d.1) Provide a venue for the POEA, other
Filipino migrant workers shall observe the concerned government agencies and non-
same standard operating procedures and government organizations to conduct
shall comply with internationally- PEOS to their constituents on a regular
accepted standards in their operations to basis;
conform with the requirements of
receiving countries or of foreign “(d.2) Establish overseas Filipino worker
employers/principals. help desk or kiosk in their localities with
the objective of providing current
“Any Foreign employer who does not information to their constituents on all the
honor the results of valid health processes aspects of overseas
examinations conducted by a DOH- employment. Such desk or kiosk shall, as
accredited or DOH-operated clinic shall be be linked to the database of all concerned
temporarily disqualified from the government agencies, particularly the
participating in the overseas employment POEA for its updated lists of overseas job
program, pursuant to POEA rules and orders and licensed recruitment agencies
regulations. in good standing.”

“In case an overseas Filipino worker is V.

found to be not medically fit upon his/her THE LEGAL ASSISTANT FOR MIGRANT
immediate arrival in the country of WORKERS AFFAIRS
destination, the medical clinic that
conducted the health examination/s of SEC. 24. LEGAL ASSISTANT FOR MIGRANT
such overseas Filipino worker shall pay for WORKERS AFFAIRS. – There is hereby
his or her repatriation back to the created the position of Legal Assistant for
Philippines and the cost of deployment of Migrant Workers Affairs under the
such worker. Department of Foreign Affairs who shall
be primarily responsible for the provision
“Any government official or employee who and overall coordination of all legal
violates any provision of this subsection assistance services to be provided to
shall be removed or dismissed from Filipino migrant workers as well as
service with disqualification to hold any overseas Filipinos in distress. He shall
appointive public office for five(5) years. have the rank, salary and privileges equal
Such penalty is without prejudice to any to that of an undersecretary of said
other liability which he or she may have Department.
incurred under existing laws, rules or
regulations. The said Legal Assistant for Migrant
Workers Affairs shall be appointed by the
“(d) Local Government Units. – In the fight President and must be of proven
against illegal recruitment, the local competence in the field of law with at least
government units (LGUs), in partnership ten (10) years of experience as a legal
with the POEA, other concerned practitioner and must not have been a
government agencies, and non- candidate to an elective office in the last
government organizations advocating the local or national elections.
rights and welfare of overseas Filipino
workers, shall take a proactive stance by Among the functions and responsibilities
being primarily responsible for the of the aforesaid Legal Assistant are:
 P a g e | 15

(a) To issue the guidelines, procedures and “Thirty million pesos (30,000,000.00)
criteria for the provisions of legal from the Contingency Fund of the
assistance services to Filipino migrant President Social Fund;
workers;
“Twenty million pesos (20,000,000.00)
(b) To establish close linkages with the from the Welfare Fund for Overseas
Department of Labor and Employment, Workers established under Letter of
the POEA, the OWWA and other Instructions No. 537 as amended by
government agencies concerned, as well Presidential Decree Nos. 1694 and 1809;
as with non-governmental organizations and
assisting migrant workers, to ensure
effective coordination and cooperation in “An amount appropriated in the annual
the provision of legal assistance to migrant General Appropriations Act (GAA) which
workers; shall not be less than Thirty million pesos
(30,000,000.00) per year: Provided, that
“( c ) To tap the assistance of reputable law the balance of the Legal Assistance Fund
firms, the Integrated Bar of the (LAF) including the amount appropriated
Philippines, other bar associations and for the year shall not be less than One
other government legal experts on hundred million pesos (P100,000,000.00)
overseas Filipino worker laws to : Provided, further, That the fund shall be
complement the government’s efforts to treated as a special fund in the National
provide legal assistance to our migrant Treasury and its balance, including the
workers;” amount appropriated in the GAA, which
shall form part of the Fund, shall not revert
(d) To administer the legal assistance fund to the General Fund.
for migrant workers established under
Section 25 hereof and to authorize ” Any balances of existing funds which
disbursements there from in accordance have been set aside by the government
with the purposes for which the fund was specifically as legal assistance or defense
set up; and fund to help migrant workers shall upon
effectivity of this Act, be turned over to,
(e) To keep and maintain the information and form part of, the Fund created under
system as provided in Section 20. this Act.”
The legal Assistant for Migrant Workers “SEC. 26. Uses of the Legal Assistance
Affairs shall have authority to hire private Fund. – The Legal Assistance Fund created
lawyers, domestic or foreign, in order to under the preceding section shall be used
assist him in the effective discharge of the exclusively6 to provide legal services to
above functions. migrant workers and overseas Filipinos in
distress in accordance with the guidelines,
“SEC. 25. Legal Assistance Fund. – There is criteria and procedures promulgated in
herby established a legal assistance fund accordance with Section 24 ( a ) herof. The
for migrant workers, hereinafter referred expenditures to be charged against the
to as the Legal Assistance Fund, in the Fund shall include the fees for the foreign
amount of one hundred million pesos lawyers to be hired by the Legal Assistant
(P100,000,000.00) to be constituted from for Migrant Workers Affairs to represent
the following sources. migrant workers facing charges or in filing
cases against erring or abusive employers
“Fifty million pesos (50,000,000.00) from
abroad, bail bonds to secure the
the Contingency Fund of the President;
temporary releases and other litigation
expenses: Provided, That at the end of
every year, the Department of Foreign
 P a g e | 16

Affairs shall include in its report to Upon receipt of the recommendation of

Congress, as provided for under Section 33 the ambassador, the Secretary of the
of this Act, the status of the Legal Department of Foreign Affairs shall, in the
Assistance Fund, including the case of officers, representatives and
expenditures from the said fund duly personnel of other departments, endorse
audited by the Commission on Audit such recommendation to the department
(COA): Provided, further, That the hiring of secretary concerned for appropriate
foreign legal counsels, when action. Pending investigation by an
circumstances warrant urgent action, shall appropriate body in the Philippines, the
be exempt from the coverage of Republic person recommended for recall may be
Act No. 9184 or the Government placed under preventive suspension by
Procurement Act.” the ambassador.

VI. In host countries where there are

COUNTRY – TEAM APPROACH Philippine consulates, such consulates
shall also constitute part of the country-
SEC. 27. PRIORITY CONCERNS OF team under the leadership of the
PHILIPPINE FOREIGN SERVICE POSTS. – ambassador.
The country team approach, as enunciated
under Executive Order No. 74, series of In the implementation of the country-team
1993, shall be the mode under which approach, visiting Philippine delegations
Philippine embassies or their personnel shall be provided full support and
will operate in the protection of the information.
Filipino migrant workers as well as in the
promotion of their welfare. The protection VII.
of the Filipino migrant workers and the DEREGULATION AND PHASE-OUT
promotion of their welfare, in particular,
and the protection of the dignity and SEC. 29. COMPREHENSIVE
fundamental rights and freedoms of the DEREGULATION PLAN ON RECRUITMENT
Filipino citizen abroad, in general, shall be ACTIVITIES. – Pursuant to a progressive
the highest priority concerns of the policy of deregulation whereby the
Secretary of Foreign Affairs and the migration of workers becomes strictly a
Philippine Foreign Service Posts. matter between the worker and his
foreign employer, the DOLE within one (1)
SEC. 28. COUNTRY-TEAM APPROACH. – year from the effectivity of this Act, is
Under the country-team approach, all hereby mandated to formulate a five-year
officers, representatives and personnel of comprehensive deregulation plan on
the Philippine government posted abroad recruitment activities taking into account
regardless of their mother agencies shall, labor market trends, economic conditions
on a per country basis, act as one country- of the country and emergency
team with a mission under the leadership circumstances which may affect the
of the ambassador. In this regard, the welfare of migrant workers.
ambassador may recommend to the
Secretary of the Department of Foreign SEC. 30. GRADUAL PHASE-OUT OF
Affairs the recall of officers, REGULATORY FUNCTIONS. – Within a
representatives and personnel of the period of five (5) years from the effectivity
Philippine government posted abroad for of this Act, the DOLE shall phase out the
acts inimical to the national interest such regulatory functions of the POEA pursuant
as, but not limited to, failure to provide the to the objectives of deregulation.
necessary services to protect the rights of
overseas Filipinos.
 P a g e | 17

VIII. government agency and in good standing

PROFESSIONAL AND OTHER HIGHLY- as such, and in existence for at least three
SKILLED FILIPINOS ABROAD (3) years prior to the nomination shall be
qualified to nominate a representative for
SEC. 31. INCENTIVES TO PROFESSIONALS each sector to the Board;
AND OTHER HIGHLY-SKILLED FILIPINOS
ABROAD. – Pursuant to the objective of “(c) The nominee must be at least twenty-
encouraging professionals and other five (25) years of age, able to read and
highly-skilled Filipinos abroad especially write, and a migrant worker at the time of
in the field of science and technology to his or her nomination or was a migrant
participate in, and contribute to national worker with at least three (3) years
development, the government shall experience as such; and
provide proper and adequate incentives
and programs so as to secure their “(d) A final list of all the nominees selected
services in priority development areas of by the OWWA/POEA governing boards,
the public and private sectors. which shall consist of three(3) names for
each sector to be represented, shall be
IX. submitted to the President and published
MISCELLANEOUS PROVISIONS in a newspaper of general circulation;

“SEC. 32. POEA, OWWA and other Boards; “Within thirty (30) days from the
Additional Memberships. – submission of the list, the President shall
Notwithstanding any provision of law to select and appoint from the list, the
the contrary, the respective Boards of the representatives to the POEA/OWWA
POEA and the OWWA shall, in addition to governing boards.
their present composition, have three (3)
members each who shall come from the “The additional members shall have a term
women, sea-based and land-based sectors of three (3) years and shall be eligible for
respectively, to be selected and nominated reappointment for another three (3) years.
openly by the general membership of the In case of vacancy, the President shall in
sector being represented. accordance with the provisions of this Act,
appoint a replacement who shall serve the
” The selection and nomination of the unexpired term of his or her predecessor.
additional members from the women, sea-
based and land-based sectors shall be “Any executive issuances or orders issued
governed by the following guidelines: that contravene the provisions of this
section shall have no force and effect.
“(a) The POEA and the OWWA shall launch
a massive information campaign on the “All other government agencies and
selection of nominees and provide for a government-owned or controlled
system of consultative sessions for the corporations which require at least one
certified leaders or representatives of the (1) representative from the overseas
concerned sectors, at least three (3) times, workers sector to their respective boards
within ninety (90) days before the boards shall follow all the applicable provisions of
shall be convened, for purposes of this section.”
selection. The process shall be open,
democratic and transparent; “SEC. 33. Report to Congress. – In order to
inform the Philippine Congress on the
“(b) Only non-government organizations implementation of the policy enunciated
that protect and promote the rights and in Section 4 hereof, the Department of
welfare of overseas Filipino workers, duly Foreign Affairs and the Department of
registered with the appropriate Philippine Labor and Employment shall submit
 P a g e | 18

separately to the said body a semi-annual shall be appointed by the President from
report of Philippine foreign posts located the ranks of migrant workers: Provided,
in countries hosting Filipino migrant that at least one (1) of the two (2) sectoral
workers. The mid-year report covering the representatives shall come from the
period January to June shall be submitted women migrant workers sector: Provided,
not later than October 31 of the same year further, that all nominees must have at
while the year-end report covering the least two (2) years experience as a migrant
period July to December shall be worker.
submitted not later than May 31 of the
following year. The report shall include, SEC. 35. Exemption from Travel Tax
but shall not limited to, the following Documentary Stamp and Airport Fee. – All
information: laws to the contrary notwithstanding, the
migrant workers shall be exempt from the
(a) Masterlist of Filipino migrant workers, payment of travel tax and airport-fee upon
and inventory of pending cases involving proper showing of proof entitlement by
them and other Filipino nationals the POEA.
including those serving prison terms;
“The remittances of all overseas Filipino
(b) Working conditions of Filipino migrant workers, upon showing of the same proof
workers; of entitlement by the overseas Filipino
worker’s beneficiary or recipient, shall be
(c) Problems encountered by the migrant exempt from the payment of documentary
workers, specifically violations of their stamp tax.
rights;
SEC. 36. NON-INCREASE OF FEES;
(d) Initiative/actions taken by the ABOLITION OF REPATRIATION BOND. –
Philippine foreign posts to address the Upon approval of this Act, all fees being
problems of Filipino migrant workers; charged by any government office on
migrant workers shall remain at their
(e) Changes in the laws and policies of host present levels and the repatriation bond
countries; and shall be established.
(f) Status of negotiations on bilateral labor SEC. 37. THE CONGRESSIONAL MIGRANT
agreements between the Philippines and WORKERS SCHOLARSHIP FUND. – There
the host country. is hereby created a Congressional Migrant
Workers Scholarship Fund which shall
” Any officer of the government who fails
benefit deserving migrant workers and/or
to submit the report as stated in this
their immediate descendants below
section shall be subject to an
twenty-one (21) years of age who intent to
administrative penalty of dismissal from
pursue courses or training primarily in the
the service with disqualification to hold
field of science and technology. The initial
any appointive public office for five (5)
seed fund of two hundred million pesos
years.”
(P200,000,000.00) shall be constituted
SEC. 34. REPRESENTATION IN CONGRESS. from the following sources:
– Pursuant to Section 3(2), Article VI of the
(a) Fifty million pesos (P50,000,000.00)
Constitution and in line with the objective
from the unexpected Countrywide
of empowering overseas Filipinos to
Development Fund for 1995 in equal
participate in the policy-making process to
sharing by all members of Congress; and
address Filipino migrant concerns, two (2)
sectoral representatives for migrant
workers in the House of Representatives
 P a g e | 19

(b) The remaining one hundred fifty transport including, but not limited to,
million pesos (P150,000,000.00) shall be locating a local licensed funeral home,
funded from the proceeds of Lotto. mortuary or direct disposition facility to
prepare the body for transport,
The Congressional Migrant Workers completing all documentation, obtaining
Scholarship Fund as herein created shall legal clearances, procuring consular
be administered by the DOLE in services, providing necessary casket or air
coordination with the Department of transport container, as well as
Science and Technology (DOST). To carry transporting the remains including
out the objectives of this section, the DOLE retrieval from site of death and delivery to
and the DOST shall formulate the the receiving funeral home;
necessary rules and regulations.
“(e) Subsistence allowance benefit, with at
“SEC. 37-A. Compulsory Insurance least One hundredUnited Statesdollars
Coverage for Agency-Hired Workers. – In (US$100.00) Per month for a maximum of
addition to the performance bond to be six (6) months for a migrant worker who
filed by the recruitment/manning agency is involved in a case or litigation for the
under Section 10, each migrant worker protection of his/her rights in the
deployed by a recruitment/manning receiving country;
agency shall be covered by a compulsory
insurance policy which shall be secured at “(f) Money claims arising from employer’s
no cost to the said worker. Such insurance liability which may be awarded or given to
policy shall be effective for the duration of the worker in a judgment or settlement of
the migrant worker’s employment and his or her case in the NLRC. The insurance
shall cover, at the minimum: coverage for money claims shall be
equivalent to at least three (3) months for
“(a) Accidental death, with at least Fifteen every year of the migrant worker’s
thousandUnited Statesdollars employment contract;
(US$10,000.00) survivor’s benefit payable
to the migrant worker’s beneficiaries; “In addition to the above coverage, the
insurance policy shall also include:
“(c) Permanent total disablement, with at
least Seven thousand five hundredUnited “(g) Compassionate visit. When a migrant
Statesdollars (US$7,500.00) disability worker is hospitalized and has been
benefit payable to the migrant worker. The confined for at least seven (7) consecutive
following disabilities shall be deemed days, he shall be entitled to a
permanent: total, complete loss of sight of compassionate visit by one (1) family
both eyes; loss of two(2) limbs at or above member or a requested individual. The
the ankles or wrists; permanent complete insurance company shall pay for the
paralysis of two (2) limbs; brain injury transportation cost of the family member
resulting to incurable imbecility or or requested individual to the major
insanity; airport closest to the place of
hospitalization of the worker. It is,
“(d) Repatriation cost of the worker when however, the responsibility of the family
his/her employment is terminated member or requested individual to meet
without any valid cause, including the all visa and travel document
transport of his or her personal requirements;
belongings. In case of death, the insurance
provider shall arrange and pay for the “(h) Medical evacuation. When an
repatriation or return of the worker’s adequate medical facility is not available
remains. The insurance provider shall also proximate to the migrant worker, as
render any assistance necessary in the determined by the insurance company’s
 P a g e | 20

physician and/or a consulting physician, the certificate of insurance coverage of the

evacuation under appropriate medical migrant worker to POEA as a requirement
supervision by the mode of transport for the issuance of an Overseas
necessary shall be undertaken by the Employment Certificate (OEC) to the
insurance provider; and migrant worker. In the case of seafarers
who are insured under policies issued by
“(i) Medical repatriation. When medically foreign insurance companies, the POEA
necessary as determined by the attending shall accept certificates or other proofs of
physician, repatriation under medical cover from recruitment/manning
supervision to the migrant worker’s agencies: Provided, That the minimum
residence shall be undertaken by the coverage under sub-paragraphs (a) to (i)
insurance provider at such time that the are included therein.
migrant worker is medically cleared for
travel by commercial carrier. If the period “Any person having a claim upon the
to receive medical clearance to travel policy issued pursuant to subparagraphs
exceeds fourteen (14) days from the date (a), (b), (c), (d) and (e) of this section shall
of discharge from the hospital, an present to the insurance company
alternative appropriate mode of concerned a written notice of claim
transportation, such as air ambulance, together with pertinent supporting
may be arranged. Medical and non- documents. The insurance company shall
medical escorts may be provided when forthwith ascertain the truth and extent of
necessary. the claim and make payment within ten
(10) days from the filing of the notice of
“Only reputable private insurance claim.
companies duly registered with the
Insurance Commission (IC), which are in “Any claim arising from accidental death,
existence and operational for at least Five natural death or disablement under this
hundred million pesos (P500,000,000.00) section shall be paid by the insurance
to be determined by the IC, and with a company without any contest and without
current year certificate of authority shall the necessity of providing fault or
be qualified to provide for the worker’s negligence of any kind on the part of the
insurance coverage. Insurance companies insured migrant worker: Provided, That
who have directors, partners, officers, the following documents, duly
employees or agents with relatives, within authenticated by the Philippine foreign
the fourth civil degree of consanguinity or posts, shall be sufficient evidence to
affinity, who work or have interest in any substantiate the claim:
of the licensed recruitment/manning
agencies or in any of the government “(1) Death Certificate – In case of natural
agencies involved in the overseas or accidental death;
employment program shall be disqualified
from providing this workers’ insurance “(2) Police or Accident Report – In case of
coverage. accidental death; and

“The recruitment/manning agency shall “(3) Medical Certificate – In case of

have the right to choose from any of the permanent disablement;
qualified insurance providers the
“For repatriation under subparagraph (d)
company that will insure the migrant
hereof, a certification which states the
worker it will deploy. After procuring such
reason/s for the termination of the
insurance policy, the
migrant worker’s employment and the
recruitment/manning agency shall
need for his or her repatriation shall be
provide an authenticated copy thereof to
issued by the Philippine foreign post or the
the migrant worker. It shall then submit
 P a g e | 21

Philippine Overseas Labor Office (POLO) period, as provided in the first

located in the receiving country. subparagraph hereof;

“For subsistence allowance benefit under “(5) If the worker’s claim was not settled
subparagraph (e), the concerned labor within the aforesaid thirty (30)-day
attaché or, in his absence, the embassy or period, the recruitment/manning agency’s
consular official shall issue a certification performance bond or escrow deposit shall
which states the name of the case, the be forthwith garnished to satisfy the
names of the parties and the nature of the migrant worker’s claim;
cause of action of the migrant worker.
“(6) The provision of compulsory worker’s
“For the payment of money claims under insurance under this section shall not
subparagraph (f), the following rules shall affect the joint and solidary liability of the
govern: foreign employer and the
recruitment/manning agency under
“(1) After a decision has become final and Section 10;
executor or a settlement/compromise
agreement has been reached between the “(7) Lawyers for the insurance companies,
parties at the NLRC, an order shall be unless the latter is impleaded, shall be
released mandating the respondent prohibited to appear before the NLRC in
recruitment/manning agency to pay the money claims cases under this section.
amount adjudged or agreed upon within
thirty (30) days; “Any question or dispute in the
enforcement of any insurance policy
“(2) The recruitment/manning agency issued under this section shall be brought
shall then immediately file a notice of before the IC for mediation or
claim with its insurance provider for the adjudication.
amount of liability insured, attaching
therewith a copy of the decision or “In case it is shown by substantial evidence
compromise agreement; before the POEA that the migrant worker
who was deployed by a licensed
“(3) Within ten (10) days from the filing of recruitment/manning agency has paid for
notice of claim, the insurance company the premium or the cost of the insurance
shall make payment to the coverage or that the said insurance
recruitment/manning agency the amount coverage was used as basis by the
adjudged or agreed upon, or the amount of recruitment/manning agency to claim any
liability insured, whichever is lower. After additional fee from the migrant worker,
receiving the insurance payment, the the said licensed recruitment/manning
recruitment/manning agency shall agency shall lose its license and all its
immediately pay the migrant worker’s directors, partners, proprietors, officers
claim in full, taking into account that in and employees shall be perpetually
case the amount of insurance coverage is disqualified from engaging in the business
insufficient to satisfy the amount adjudged of recruitment of overseas workers. Such
or agreed upon, it is liable to pay the penalty is without prejudice to any other
balance thereof; liability which such persons may have
incurred under existing laws, rules or
“(4) In case the insurance company fails to regulations.
make payment within ten (10) days from
the filing of the claim, the recruitment/ “For migrant workers recruited by the
manning agency shall pay the amount POEA on a government-to-government
adjudged or agreed upon within the arrangement, the POEA shall establish a
remaining days of the thirty (30)-day foreign employers guarantee fund which
 P a g e | 22

shall be answerable to the workers’ amending and/or repealing these subject

monetary claims arising from breach of provisions.
contractual obligations. For migrant
workers classified as rehires, name hires “Sec. 37-B. Congressional Oversight
or direct hires, they may opt to be covered Committee. – There is hereby created a
by this insurance coverage by requesting Joint Congressional Oversight Committee
their foreign employers to pay for the cost composed of five (5) Senators and five (5)
of the insurance coverage or they may pay Representatives to be appointed by the
for the premium themselves. To protect Senate President and the Speaker of the
the rights of these workers, the POEA shall House of Representatives, respectively.
provide them adequate legal assistance, The Oversight Committee shall be co-
including conciliation and mediation chaired by the chairpersons of the Senate
services, whether at home or abroad. Committee on Labor and Employment and
the House of Representatives Committee
“At the end of every year, the Department on Overseas Workers Affairs. The
of Labor and Employment and the IC shall Oversight Committee shall have the
jointly make an assessment of the following duties and functions:
performance of all insurance providers,
based upon the report of the NLRC and the “(a) To set the guidelines and overall
POEA on their respective interactions and framework to monitor and ensure the
experiences with the insurance proper implementation of Republic Act
companies, and they shall have the No. 8042, as amended, as well as all
authority to ban or blacklist such programs, projects and activities related
insurance companies which are known to to overseas employment;
be evasive or not responsive to the
legitimate claims of migrant workers. The “(b) To ensure transparency and require
Department of Labor and Employment the submission of reports from concerned
shall include such assessment in its year- government agencies on the conduct of
end report to Congress. programs, projects and policies relating to
the implementation of Republic Act No.
“For purposes of this section, the 8042, as amended;
Department of Labor and Employment, IC,
NLRC and the POEA, in consultation with “(c) To approve the budget for the
the recruitment/manning agencies and programs of the Oversight Committee and
legitimate non-government organizations all disbursements therefrom, including
advocating the rights and welfare of compensation of all personnel;
overseas Filipino workers, shall formulate
“(d) To submit periodic reports to the
the necessary implementing rules and
President of the Philippines and Congress
regulations.
on the implementation of the provisions of
“The foregoing provisions on compulsory Republic Act No. 8042, as amended;
insurance coverage shall be subject to
“(e) To determine weaknesses in the law
automatic review through the
and recommend the necessary remedial
Congressional Oversight Committee
legislation or executive measures; and
immediately after three (3) years from the
effectivity of this Act in order to determine “(f) To perform such other duties,
its efficacy in favor of the covered overseas functions and responsibilities as may be
Filipino workers and the compliance by necessary to attain its objectives.
recruitment/manning agencies and
insurance companies, without prejudice to “The Oversight Committee shall adopt its
an earlier review if necessary and internal rules of procedure, conduct
warranted for the purpose of modifying,
 P a g e | 23

hearings and receive testimonies, reports, formulate the necessary rules and
and technical advice, invite or summon by regulations for its effective implementation.
subpoena ad testificandum any public
official or private citizen to testify before Section 25. Implementing Rules and
it, or require any person by Regulations. – The departments and
subpoena duces tecum documents or other agencies charged with carrying out the
materials as it may require consistent with provisions of this Act, except as otherwise
the provisions of Republic Act No. 8042, as provided herein, in consultation with the
amended. Senate Committee on Labor and
Employment and the House of
“The Oversight Committee shall organize Representatives Committee on Overseas
its staff and technical panel, and appoint Workers Affairs, shall, within sixty (60)
such personnel, whether on secondment days after the effectivity of this Act,
from the Senate and the House of formulate the necessary rules and
Representatives or on temporary, regulations for its effective
contractual, or on consultancy, and implementation.
determine their compensation subject to
applicable civil service laws, rules and Section 26. Funding. – The departments,
regulations with a view to ensuring a agencies, instrumentalities, bureaus,
competent and efficient secretariat. offices and government-owned and
controlled corporations charged with
“The members of the Oversight Committee carrying out the provisions of this Act shall
shall not receive additional compensation, include in their respective programs the
allowances or emoluments for services implementation of this Act, the funding of
rendered thereto except traveling, which shall be included in the General
extraordinary and other necessary Appropriations Act. The Congressional
expenses to attain its goals and objectives. Oversight Committee on Overseas
Workers Affairs shall have the sum of
“The Oversight Committee shall exist for a Twenty-five million pesos
period of ten (10) years from the (P25,000,000.00), half of which shall be
effectivity of this Act and may be extended charged against the current
by a joint concurrent resolution.” appropriations of the Senate while the
other half shall be charged against the
SEC. 38. APPROPRIATION AND OTHER current appropriations of the House of
SOURCES OF FUNDING. – The amount Representatives, to carry out its powers
necessary to carry out the provisions of and functions for its initial operations and
this Act shall be provided for in the for fiscal years wherein the General
General Appropriations Act of the year Appropriations Act is reenacted and no
following its enactment into law and provision for its continued operation is
thereafter. included in such Act. Thereafter, such
amount necessary for its continued
SEC. 39. MIGRANT WORKERS DAY. – The
operations shall be included in the annual
day of signing by the President of this Act
General Appropriations Act.
shall be designated as the Migrant
Workers Day and shall henceforth be SEC. 41. REPEALING CLAUSE. – All laws,
commemorated as such annually. decrees, executive orders, rules and
regulations, or parts thereof inconsistent
SEC. 40. IMPLEMENTING RULES AND
with the provisions of this Act are hereby
REGULATIONS. – The departments and
repealed or modified accordingly.
agencies charged with carrying out the
provisions of this Act shall, within ninety SEC. 42. SEPARABILITY CLAUSE. – If, for
(90) days after the effectivity of this Act, any reason, any section or provision of this
 P a g e | 24

Act is held unconstitutional or invalid, the

other sections or provisions hereof shall
not be affected thereby.

SEC. 43. EFFECTIVITY CLAUSE. – This Act

shall take effect after fifteen (15) days
from its publication in the Official Gazette
or in at least two (2) national newspapers
of general circulation whichever comes
earlier.`