REPUBLIC ACT NO. 8042 Commented [EM1]: REPUBLIC ACT No.

10022
Migrant Workers and Overseas Filipinos Act of 1995 Begun and held in Metro Manila, on Monday, the
twenty-seventh day of July, two thousand nine.
An act to institute the policies of overseas employment and establish a higher standard of protection
and promotion of the welfare of migrant workers, their families and overseas Filipinos in distress, and AN ACT AMENDING REPUBLIC ACT NO. 8042, OTHERWISE
for other purposes. KNOWN AS THE MIGRANT WORKERS AND OVERSEAS
FILIPINOS ACT OF 1995, AS AMENDED, FURTHER
IMPROVING THE STANDARD OF PROTECTION AND
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
PROMOTION OF THE WELFARE OF MIGRANT WORKERS,
THEIR FAMILIES AND OVERSEAS FILIPINOS IN DISTRESS, AND
SEC. 1. SHORT TITLE. - This act shall be known and cited as the "Migrant Workers and Overseas Filipinos FOR OTHER PURPOSES
Act of 1995."

SEC. 2. DECLARATION OF POLICIES-- Commented [EM2]: Section 1. Paragraphs (a), (e), (g) and
(h) of Section 2 of Republic Act. No. 8042, as amended,
(a) In the pursuit of an independent foreign policy and while considering national sovereignty, otherwise known as the "Migrant Workers and Overseas
territorial integrity, national interest and the right to self-determination paramount in its relations Filipinos Act of 1995," is hereby amended to read as follows:
with other states, the State shall, at all times, uphold the dignity of its citizens whether in country or
overseas, in general, and Filipino migrant workers, in particular. Commented [EM3]: "(a) In the pursuit of an independent
foreign policy and while considering national sovereignty,
(b) The State shall afford full protection to labor, local and overseas, organized and unorganized, and territorial integrity, national interest and the right to self-
promote full employment and equality of employment opportunities for all. Towards this end, the determination paramount in its relations with other states,
State shall provide adequate and timely social, economic and legal services to Filipino migrant workers. the State shall, at all times, uphold the dignity of its citizens
whether in country or overseas, in general, and Filipino
migrant workers, in particular, continuously monitor
(c) While recognizing the significant contribution of Filipino migrant workers to the national economy
international conventions, adopt/be signatory to and ratify
through their foreign exchange remittances, the State does not promote overseas employment as a those that guarantee protection to our migrant workers,
means to sustain economic growth and achieve national development. The existence of the overseas and endeavor to enter into bilateral agreements with
employment program rests solely on the assurance that the dignity and fundamental human rights and countries hosting overseas Filipino workers."
freedoms of the Filipino citizens shall not, at any time, be compromised or violated. The State,
therefore, shall continuously create local employment opportunities and promote the equitable
distribution of wealth and the benefits of development.

(d) The State affirms the fundamental equality before the law of women and men and the significant
role of women in nation-building. Recognizing the contribution of overseas migrant women workers and
their particular vulnerabilities, the State shall apply gender sensitive criteria in the formulation and
implementation of policies and programs affecting migrant workers and the composition of bodies
tasked for the welfare of migrant workers.

(e) Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be
Commented [EM4]: "(e) Free access to the courts and
denied to any persons by reason of poverty. In this regard, it is imperative that an effective mechanism
quasi-judicial bodies and adequate legal assistance shall not
be instituted to ensure that the rights and interest of distressed overseas Filipinos, in general, and be denied to any person by reason of poverty. In this regard,
Filipino migrant workers, in particular, documented or undocumented, are adequately protected and it is imperative that an effective mechanism be instituted to
safeguarded. ensure that the rights and interest of distressed overseas
Filipinos, in general, and Filipino migrant workers, in
(f) The right of Filipino migrant workers and all overseas Filipinos to participate in the democratic particular, whether regular/documented or
decision-making processes of the State and to be represented in institutions relevant to overseas irregular/undocumented, are adequately protected and
employment is recognized and guaranteed. safeguarded."
Commented [EM5]: "(g) The State recognizes that the
(g) The State recognizes that the ultimate protection to all migrant workers is the possession of skills. most effective tool for empowerment is the possession of
Pursuant to this and as soon as practicable, the government shall deploy and/or allow the deployment skills by migrant workers. The government shall provide
only to skilled Filipino workers. them free and accessible skills development and
enhancement programs. Pursuant to this and as soon as
practicable, the government shall deploy and/or allow the
deployment only of skilled Filipino workers."
 (h) Non-governmental organizations, duly recognized as legitimate, are partners of the State in the
protection of Filipino migrant workers and in the promotion of their welfare, the State shall cooperate
Commented [EM6]: "(h) The State recognizes non-
with them in a spirit of trust and mutual respect. governmental organizations, trade unions, workers
associations, stakeholders and their similar entities duly
(I) Government fees and other administrative costs of recruitment, introduction, placement and recognized as legitimate, are partners of the State in the
assistance to migrant workers shall be rendered free without prejudice to the provision of Section 36 protection of Filipino migrant workers and in the promotion
hereof. of their welfare. The State shall cooperate with them in a
spirit of trust and mutual respect. The significant
Nonetheless, the deployment of Filipino overseas workers, whether land-based or sea-based by local contribution of recruitment and manning agencies shall
from part this partnership."
service contractors and manning agencies employing them shall be encouraged. Appropriate incentives
may be extended to them. Commented [EM7]: Section 2. Section 3, paragraph (a) of
Republic Act No. 8042, as amended, is hereby amended to
SEC. 3. DEFINITIONS. - For purposes of this Act: read as follows:
Commented [EM8]: "(a) "Overseas Filipino worker" refers
(a) "Migrant worker" refers to a person who is to be engaged, is engaged or has been engaged in a to a person who is to be engaged, is engaged or has been
renumerated activity in a state of which he or she is not a legal resident to be used interchangeably engaged in a remunerated activity in a state of which he or
with overseas Filipino worker. she is not a citizen or on board a vessel navigating the
foreign seas other than a government ship used for military
(b) "Gender-sensitivity" shall mean cognizance of the inequalities and inequities prevalent in society or non-commercial purposes or on an installation located
offshore or on the high seas; to be used interchangeably
between women and men and a commitment to address issues with concern for the respective interests
with migrant worker."
of the sexes.
Commented [EM9]: Section 3. Section 4 of Republic Act
(c) "Overseas Filipinos" refers to dependents of migrant workers and other Filipino nationals abroad No. 8042, as amended, is hereby amended to rerad as
who are in distress as mentioned in Sections 24 and 26 of this Act. follows:

"SEC. 4. Deployment of Migrant Workers. - The State shall

I. DEPLOYMENT allow the deployment of overseas Filipino workers only in
countries where the rights of Filipino migrant workers are
SEC. 4. Deployment of Migrant Workers - The State shall deploy overseas Filipino workers only in protected. The government recognizes any of the following
countries where the rights of Filipino migrant workers are protected. The government recognizes any of as a guarantee on the part of the receiving country for the
the following as guarantee on the part of the receiving country for the protection and the rights of protection of the rights of overseas Filipino workers:
overseas Filipino workers:
"(a) It has existing labor and social laws protecting the rights
of workers, including migrant workers;
(a) It has existing labor and social laws protecting the rights of migrant workers;
"(b) It is a signatory to and/or a ratifier of multilateral
(b) It is a signatory to multilateral conventions, declaration or resolutions relating to the protection of conventions, declarations or resolutions relating to the
migrant workers; protection of workers, including migrant workers; and

(c) It has concluded a bilateral agreement or arrangement with the government protecting the rights of "(c) It has concluded a bilateral agreement or arrangement
overseas Filipino workers; and with the government on the protection of the rights of
overseas Filipino Workers:
(d) It is taking positive, concrete measures to protect the rights of migrant workers.
Provided, That the receiving country is taking positive,
concrete measures to protect the rights of migrant workers...
SEC. 5. TERMINATION OR BAN ON DEPLOYMENT - Notwithstanding the provisions of Section 4 hereof,
the government, in pursuit of the national interest or when public welfare so requires, may, at any Commented [EM10]: Section 4. Section 5 of Republic Act
time, terminate or impose a ban on the deployment of migrant workers. No. 8042, as amended, is hereby amended to read as
follows:

II. ILLEGAL RECRUITMENT "SEC. 5. Termination or Ban on Deployment. -

Notwithstanding the provisions of Section 4 hereof, in
Sec. 6. DEFINITIONS. - For purposes of this Act, illegal recruitment shall mean any act of canvassing, pursuit of the national interest or when public welfare so
enlisting, contracting, transporting, utilizing, hiring, procuring workers and includes referring, contact requires, the POEA Governing Board, after consultation with
services, promising or advertising for employment abroad, whether for profit or not, when undertaken the Department of Foreign Affairs, may, at any time,
by a non-license or non-holder of authority contemplated under Article 13(f) of Presidential Decree No. terminate or impose a ban on the deployment of migrant
workers."
442, as amended, otherwise known as the Labor Code of the Philippines. Provided, that such non-
license or non-holder, who, in any manner, offers or promises for a fee employment abroad to two or
more persons shall be deemed so engaged. It shall likewise include the following acts, whether
committed by any persons, whether a non-licensee, non-holder, licensee or holder of authority.

(a) To charge or accept directly or indirectly any amount greater than the specified in the schedule of
allowable fees prescribed by the Secretary of Labor and Employment, or to make a worker pay any
amount greater than that actually received by him as a loan or advance;

(b) To furnish or publish any false notice or information or document in relation to recruitment or
employment;

(c) To give any false notice, testimony, information or document or commit any act of
misrepresentation for the purpose of securing a license or authority under the Labor Code;

(d) To induce or attempt to induce a worker already employed to quit his employment in order to offer
him another unless the transfer is designed to liberate a worker from oppressive terms and conditions
of employment;

(e) To influence or attempt to influence any persons or entity not to employ any worker who has not
applied for employment through his agency;

(f) To engage in the recruitment of placement of workers in jobs harmful to public health or morality
or to dignity of the Republic of the Philippines;

(g) To obstruct or attempt to obstruct inspection by the Secretary of Labor and Employment or by his
duly authorized representative;

(h) To fail to submit reports on the status of employment, placement vacancies, remittances of foreign
exchange earnings, separations from jobs, departures and such other matters or information as may be
required by the Secretary of Labor and Employment;

(i) To substitute or alter to the prejudice of the worker, employment contracts approved and verified
by the Department of Labor and Employment from the time of actual signing thereof by the parties up
to and including the period of the expiration of the same without the approval of the Department of
Labor and Employment;

(j) For an officer or agent of a recruitment or placement agency to become an officer or member of
the Board of any corporation engaged in travel agency or to be engaged directly on indirectly in the
management of a travel agency;

(k) To withhold or deny travel documents from applicant workers before departure for monetary or
financial considerations other than those authorized under the Labor Code and its implementing rules
and regulations;

(l) Failure to actually deploy without valid reasons as determined by the Department of Labor and
Employment; and

(m) Failure to reimburse expenses incurred by the workers in connection with his documentation and
processing for purposes of deployment, in cases where the deployment does not actually take place
without the worker's fault. Illegal recruitment when committed by a syndicate or in large scale shall be
considered as offense involving economic sabotage.
Illegal recruitment is deemed committed by a syndicate carried out by a group of three (3) or more
persons conspiring or confederating with one another. It is deemed committed in large scale if Commented [EM11]: Section 5. Section 6 of Republic Act
committed against three (3) or more persons individually or as a group. No. 8042, as amended, is hereby amended to read as
follows:

The persons criminally liable for the above offenses are the principals, accomplices and accessories. In "SEC. 6. Definition. - For purposes of this Act, illegal
case of juridical persons, the officers having control, management or direction of their business shall recruitment shall mean any act of canvassing, enlisting,
be liable. contracting, transporting, utilizing, hiring, or procuring
workers and includes referring, contract services, promising
SEC. 7. PENALTIES - or advertising for employment abroad, whether for profit or
not, when undertaken by non-licensee or non-holder of
authority contemplated under Article 13(f) of Presidential
(a) Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of not less
Decree No. 442, as amended, otherwise known as the Labor
than six (6) years and one (1) day but not more than twelve (12) years and a fine not less than two Code of the Philippines: Provided, That any such non-
hundred thousand pesos (P200,000.00) nor more than five hundred thousand pesos (P500,000.00). licensee or non-holder who, in any manner, offers or
promises for a fee employment abroad to two or more ...
(b) The penalty of life imprisonment and a fine of not less than five hundred thousand pesos
(P500,000.00) nor more than one million pesos (P1,000,000.00) shall be imposed if illegal recruitment Commented [EM12]: Section 6. Section 7 of Republic Act
No. 8042, as amended, is hereby amended to read as
constitutes economic sabotage as defined herein.
follows:

Provided, however, that the maximum penalty shall be imposed if the person illegally recruited is less "SEC. 7. Penalties. -
than eighteen (18) years of age or committed by a non-licensee or non-holder of authority.
Commented [EM13]: "(a) Any person found guilty of
illegal recruitment shall suffer the penalty of imprisonment
of not less than twelve (12) years and one (1) day but not
more than twenty (20) years and a fine of not less than One
SEC. 8. PROHIBITION ON OFFICIALS AND EMPLOYEES. - Ot shall be unlawful for any official or employee million pesos (P1,000,000.00) nor more than Two million
of the Department of Labor and Employment, the Philippine Overseas Employment Administration, or pesos (P2,000,000.00).
the Overseas Workers Welfare Administration, or the Department of Foreign Affairs, or other Commented [EM14]: "(b) The penalty of life
government agencies involved in the implementation of this Act, or their relatives within the fourth imprisonment and a fine of not less than Two million pesos
civil degree of consanguinity or affinity, to engage, directly or indirectly, in the business of recruiting (P2,000,000.00) nor more than Five million pesos
migrant workers as defined in this Act. The penalties shall be imposed upon them. (P5,000,000.00) shall be imposed if illegal recruitment
constitutes economic sabotage as defined therein.
SEC. 9. VENUE. - A criminal action arising from illegal recruitment as defined herein shall be filed with Commented [EM15]: "Provided, however, That the
the Regional Trial Court of the province or city where the offense was committed or where the maximum penalty shall be imposed if the person illegally
offended party actually resides at the same time of the commission of the offense: Provided, That the recruited is less than eighteen (18) years of age or
court where the criminal action is first filed shall acquire jurisdiction to the exclusion of other courts. committed by a non-licensee or non-holder of authority.
Provided, however, that the aforestated provisions shall also apply to those criminal actions that have ...
already been filed in court at the time of the effectivity of this Act.
Commented [EM16]: "If the offender is an alien, he or
she shall, in addition to the penalties herein prescribed, be
SEC. 10. MONEY CLAIMS. - Notwithstanding any provision of law to the contrary, the Labor Arbiters of deported without further proceedings.
the National Labor Relations Commission (NLRC) shall have the original and exclusive jurisdiction to
hear and decide, within ninety (90) calendar days after filing of the complaint, the claims arising out of "In every case, conviction shall cause and carry the
an employer-employee relationship or by virtue of any law or contract involving Filipino workers for automatic revocation of the license or registration of the ...
overseas deployment including claims for actual, moral, exemplary and other forms of damages.
Commented [EM17]: Section 7. Section 10 of Republic
Act No. 8042, as amended, is hereby amended to read as
The liability of the principal/employer and the recruitment/placement agency for any and follows:
all claims under this section shall be joint and several. This provisions shall be incorporated in the
contract for overseas employment and shall be a condition precedent for its approval. The "SEC. 10. Money Claims. - Notwithstanding any provision of
performance bond to be filed by the recruitment/placement agency, as provided by law, shall be ...
law to the contrary, the Labor Arbiters of the National Labor
answerable for all money claims or damages that may be awarded to the workers. If the
recruitment/placement agency is a juridical being, the corporate officers and directors and partners as Commented [EM18]: "The liability of the
the case may be, shall themselves be jointly and solidarily liable with the corporation or partnership principal/employer and the recruitment/placement agency
for any and all claims under this section shall be joint and
for the aforesaid claims and damages.
several. This provision shall be incorporated in the contract
for overseas employment and shall be a condition
precedent for its approval. The performance bond to de ...
 Such liabilities shall continue during the entire period or duration of the employment
contract and shall not be affected by any substitution, amendment or modification made locally or in a
foreign country of the said contract.

Any compromise/amicable settlement or voluntary agreement on money claims inclusive of

damages under this section shall be paid within four (4) months from the approval of the settlement by
the appropriate authority. Commented [EM19]: "Any compromise/amicable
settlement or voluntary agreement on money claims
In case of termination of overseas employment without just, valid or authorized cause as inclusive of damages under this section shall be paid within
defined by law or contract, the workers shall be entitled to the full reimbursement of his placement thirty (30) days from approval of the settlement by the
fee with interest of twelve percent (12%) per annum, plus his salaries for the unexpired portion of his appropriate authority.
employment contract or for three (3) months for every year of the unexpired term, whichever is less. Commented [EM20]: "In case of termination of overseas
employment without just, valid or authorized cause as
Non-compliance with the mandatory periods for resolutions of cases provided under this defined by law or contract, or any unauthorized deductions
section shall subject the responsible officials to any or all of the following penalties: from the migrant worker's salary, the worker shall be
entitled to the full reimbursement if his placement fee and
(a) The salary of any such official who fails to render his decision or resolutions within the the deductions made with interest at twelve percent (12%)
prescribed period shall be, or caused to be, withheld until the said official complies therewith; per annum, plus his salaries for the unexpired portion of his
employment contract or for three (3) months for every year
of the unexpired term, whichever is less.
(b) Suspension for not more than ninety (90) days; or
"In case of a final and executory judgement against a
(c) Dismissal from the service with disqualifications to hold any appointive public office for foreign employer/principal, it shall be automatically
five (5) years. disqualified, without further proceedings, from
participating in the Philippine Overseas Employment
Program and from recruiting and hiring Filipino workers
Provided, however, that the penalties herein provided shall be without prejudice to any
until and unless it fully satisfies the judgement award.
liability which any such official may have incurred under other existing laws or rules and regulations as
a consequence of violating the provisions of this paragraph. Commented [EM21R20]: The phrase or for three (3)
months for every year of the unexpired term, whichever is
SEC. 11. MANDATORY PERIODS FOR RESOLUTION OF ILLEGAL RECRUITMENT CASES. - The less is declared unconstitutional in SERRANO vs. GALLANT
preliminary investigations of cases under this Act shall be terminated within a period of thirty (30) MARITIME SERVICES, INC. et al, G.R. No. 167614, March 24,
calendar days from the date of their filing. Where the preliminary investigation is conducted by a 2009
prosecution officer and a prima facie case is established, the corresponding information shall be filed
in court within twenty-four (24) hours from the termination of the investigation. If the preliminary
investigation is conducted by a judge and a prima facie case is found to exist, prosecution officer
within forty-eight (48) hours from the date of receipt of the records of the case.

SEC. 12. PRESCRIPTIVE PERIODS. - Illegal recruitment cases under this Act shall prescribe in
five (5) years: Provided, however, that illegal recruitment cases involving economic sabotage as
defined herein shall prescribe in twenty (20) years.

SEC. 13. FREE LEGAL ASSISTANCE, PREFERENTIAL ENTITLEMENT UNDER THE WITNESS
PROTECTION PROGRAM. - A mechanism for free legal assistance for victims of illegal recruitment shall
be established within the Department of Labor and Employment including its regional offices. Such Commented [EM22]: Section 8. The first paragraph of
mechanism must include coordination and cooperation with the Department of Justice, the Integrated Section 13 of Republic Act No. 8042, as amended is hereby
Bar of the Philippines, and other non-governmental organizations and volunteer groups. amended to read as follows:

The provisions of Republic Act No. 6981 to the contrary, notwithstanding, any person who is "SEC. 13. Free Legal Assistance; Preferential Entitlement
a victim of illegal recruitment shall be entitled to the Witness Protection Program provided Under the Witness Protection Program. - A mechanism for
thereunder. free legal assistance for victims of illegal recruitment shall
be established in the anti-illegal recruitment branch of the
POEA including its regional offices. Such mechanism shall
III. SERVICES
include coordination and cooperation with the Department
of Justice, the Integrated Bar of the Philippines, and other
nongovernmental organizations and volunteer groups."
 SEC. 14. TRAVEL ADVISORY/INFORMATION DISSEMINATION. - To give utmost priority to the
establishment of programs and services to prevent illegal recruitment, fraud, and exploitation or abuse
of Filipino migrant workers, all embassies and consular offices, through the Philippine Overseas
Employment Administration (POEA), shall issue travel advisories or disseminate information on labor
and employment conditions, migration realities and other facts; and adherence of particular countries
to international standards on human and workers' rights which will adequately prepare individuals into
making informed and intelligent decisions about overseas employment. Such advisory or information
shall be published in a newspaper of general circulation at least three (3) times in every quarter.

SEC. 15. REPATRIATION OF WORKERS; EMERGENCY REPATRIATION FUND. - The repatriation

of the worker and the transport of his personal belongings shall be the primary responsibility of the Commented [EM23]: Section 9. Section 16 of Republic
agency which recruited or deployed the worker overseas. All costs attendant to repatriation shall be Act No. 8042, as amended, is hereby amended to read as
borne by or charged to the agency concerned and/or its principal. Likewise, the repatriation of remains follows:
and transport of the personal belongings of a deceased worker and all costs attendant thereto shall be
borne by the principal and/or local agency. However, in cases where the termination of employment is "SEC. 16. Mandatory Repatriation of Underage Migrant
due solely to the fault of the worker, the principal/employer or agency shall not in any manner be Workers. - Upon discovery or being informed of the
responsible for the repatriation of the former and/or his belongings. presence of migrant workers whose ages fall below the
minimum age requirement for overseas deployment, the
responsible officers in the foreign service shall without
The Overseas Workers Welfare Administration (OWWA), in coordination with appropriate delay repatriate said workers and advise the Department
international agencies, shall undertake the repatriation of workers in cases of war, epidemic, disasters of Foreign Affairs through the fastest means of
or calamities, natural or man-made, and other similar events without prejudice to reimbursement by communication available of such discovery and other
the responsible principal or agency. However, in cases where the principal or recruitment agency relevant information. The license of a recruitment/manning
cannot be identified, all costs attendant to repatriation shall be borne by the OWWA. agency which recruited or deployed an underage migrant
worker shall be automatically revoked and shall be
For this purposes, there is hereby created and established an emergency repatriation fund imposed a fine of not less than Five hundred thousand
under the administration control and supervision of the OWWA, initially to consist of one hundred pesos (Php 500,000.00) but not more than One million
million pesos (P100,000,000.00), inclusive of outstanding balances. pesos (Php 1,000,000.00). All fees pertinent to the
processing of papers or documents in the recruitment or
deployment shall be refunded in full by the responsible
SEC. 16. MANDATORY REPATRIATION OF UNDERAGE MIGRANT WORKERS. - Upon discovery or recruitment/manning agency, without need of notice, to
being informed of the presence of migrant workers whose actual ages fall below the minimum age the underage migrant worker or to his parents or guardian.
requirement for overseas deployment, the responsible officers in the foreign service shall without The refund shall be independent of and in addition to the
delay repatriate said workers and advise the Department of Foreign Affairs through the fastest means indemnification for the damages sustained by the underage
of communication available of such discovery and other relevant information. migrant worker. The refund shall be paid within thirty (30)
days from the date of the mandatory repatriation as
SEC. 17. ESTABLISHMENT OF RE-PLACEMENT AND MONITORING CENTER. - A replacement and provided for in this Act."
monitoring center is hereby created in the Department of Labor and Employment for returning Filipino Commented [EM24]: Section 10. Section 17 of Republic
migrant workers which shall provide a mechanism for their reintegration into the Philippine society, Act No. 8042, as amended, is hereby amended to read as
serve as a promotion house for their local employment, and tap their skills and potentials for national follows:
development.
"SEC. 17. Establishment of National Reintegration Center
The Department of Labor and Employment, the Overseas Workers Welfare Administration, for Overseas Filipino Workers. -A national reintegration
and the Philippine Overseas Employment Administration shall, within ninety (90) days from the center for overseas Filipino workers (NRCO) is hereby
effectivity of this Act, formulate a program that would motivate migrant workers to plan for productive created in the Department of Labor and Employment for
options such as entry into highly technical jobs or undertakings, livelihood and entrepreneurial returning Filipino migrant workers which shall provide a
mechanism for their reintegration into the Philippine
development, better wage employment, and investment of savings.
society, serve as a promotion house for their local
employment, and tap their skills and potentials for national
For this purpose, the Technical Education and Skills Development Authority (TESDA), the development.
Technology Livelihood Resource Center (TLRC), and other government agencies involved in training and
livelihood development shall give priority to returnees who had been employed as domestic helpers and Commented [EM25]: Section 11. Section 18 of Republic
entertainers. Act No. 8042, as amended is hereby amended to read as
follows:

SEC. 18. FUNCTIONS OF THE RE-PLACEMENT AND MONITORING CENTER. - The center shall "SEC. 18. Functions of the National Reintegration Center for
provide the following service: Overseas Filipino Workers. -The Center shall provide the
following services:
 (a) Develop livelihood programs and projects for returning Filipino migrant workers in
coordination with the private sector; Commented [EM26]: "(a) Develop and support programs
and projects for livelihood, entrepreneurship, savings,
investments and financial literacy for returning Filipino
(b) Coordinate with appropriate private and government agencies the promotion,
migrant workers and their families in coordination with
development, re-placement and the full utilization of their potentials;
relevant stakeholders, service providers and international
organizations;
(c) Institute in cooperation with other government agencies concerned, a computer-based
information system on skilled Filipino migrant workers which shall be accessible to all local recruitment Commented [EM27]: "(b) Coordinate with appropriate
agencies and employers, both public and private; stakeholders, service providers and relevant international
organizations for the promotion, development and the full
utilization of overseas Filipino worker returnees and their
(d) Provide a periodic study and assessment of job opportunities for returning Filipino potentials;
migrant workers.
Commented [EM28]: "(c) Institute, in cooperation with
other government agencies concerned, a computer-based
SEC. 19. ESTABLISHMENT OF A MIGRANT WORKERS AND OTHER OVERSEAS FILIPINOS
information system on returning Filipino migrant workers
RESOURCE CENTER. - Within the premises and under the administrative jurisdiction of the Philippine
shall be accessible to all local recruitment agencies and
Embassy in countries where there are large concentrations of Filipino migrant workers, there shall be employers, both public and private;
establish a Migrant Workers and Other Overseas Filipinos Resource Center with the following services:
Commented [EM29]: "(d) Proved a periodic study and
(a) Counseling and legal services; assessment of job opportunities for returning Filipino
migrant workers;

(b) Welfare assistance including the procurement of medical and hospitalization services; "(e) Develop and implement other appropriate programs to
promote the welfare of returning Filipino migrant workers;
(c) Information, advisory and programs to promote social integration such as post-arrival
orientation, settlement and community networking services for social integration; "(f) Maintain an internet-based communication system for
on-line registration and interaction with clients, and
maintain and upgrade computer-based service capabilities
(d) Institute a scheme of registration of undocumented workers to bring them within the
of the NRCO;
purview of this Act. For this purpose, the Center is enjoined to compel existing undocumented workers
to register with it within six (6) months from the effectivity of this Act, under pain of having his/her
"(g) Develop capacity-building programs for returning
passport cancelled; overseas Filipino workers and their families, implementers,
service providers, and stakeholders; and
(e) Human resource development, such as training and skills upgrading;
"(h) Conduct research for policy recommendations and
(f) Gender sensitive programs and activities to assist particular needs of women migrant program development."
workers; Commented [EM30]: Section 12. The second paragraph
of Section 19 of Republic Act No. 8042, as amended, is
(g) Orientation program for returning workers and other migrants; and hereby amended to read as follows:
Commented [EM31]: "The establishment and operations
(h) Monitoring of daily situations, circumstances and activities affecting migrant workers of the Center shall be a joint undertaking of the various
and other overseas Filipinos. government agencies. The Center shall be open for twenty-
four (24) hours daily including Saturdays, Sundays and
The establishment and operations of the Center shall be a joint undertaking of the various holidays, and shall be staffed by Foreign Service personnel,
government agencies. The Center shall be open for twenty-four (24) hours daily, including Saturdays, service attaches or officers who represent other Philippine
Sundays and holidays, and shall be staffed by Foreign Service personnel, service attaches or officers government agencies abroad and, if available, individual
who represent other organizations from the host countries. In countries categorized as highly volunteers and bona fide non-government organizations
problematic by the Department of Foreign Affairs and the Department of Labor and Employment and from the host countries. In countries categorized as highly
problematic by the Department of Foreign Affairs and the
where there is a concentration of Filipino migrant workers, the government must provide a lawyer and
Department of Labor and Employment and where there is a
a social worker for the Center. The Labor Attache shall coordinate the operation of the Center and
concentration of Filipino migrant workers, the government
shall keep the Chief of Mission informed and updated on all matters affecting it. must provide a Sharia or human rights lawyer, a
psychologist and a social worker for the Center. In addition
The Center shall have a counterpart 24-hour information and assistance center at the to these personnel, the government must also hire within
Department of Foreign Affairs to ensure a continuous network and coordinative mechanism at the home the receiving country, in such number as may be needed
office. by the post, public relation officers or case officers who are
conversant, orally and in writing, with the local language, ...
 SEC. 20. ESTABLISHMENT OF A SHARED GOVERNMENT INFORMATION SYSTEM FOR MIGRATION. Commented [EM32]: Section 13. Section 20 of Republic
- An inter-agency committee composed of the Act No. 8042, as amended, is hereby amended to read as
follows:
Department of Foreign Affairs and its attached agency,
the Commission on Filipino Overseas,
the Department of Labor and Employment,
the Philippine Overseas Employment Administration,
The Overseas Workers Welfare Administration,
The Department of Tourism,
the Department of Justice,
the Bureau of Immigration,
the National Bureau of Investigation, and
the National Statistics Office Commented [EM33]: the Department of Foreign
Affairs and its attached agency,
the Commission on Filipinos Overseas,
shall be established to implement a shared government information system for migration. The
the Department of Labor and Employment and its
interagency committee shall initially make available to itself the information contained in existing data
attached concerned agencies,
bases/files. The second phase shall involve linkaging of computer facilities in order to allow free-flow
the Department of Tourism,
data exchanges and sharing among concerned agencies.
the Department of Justice,
the Bureau of Immigration,
the National Bureau of Investigation,
the Department of the Interior and Local Government,
The inter-agency committee shall convene to identify existing data bases which shall be the National Telecommunications Commission,
declassified and shared among member agencies. These shared data bases shall initially include, but the Commission on Information and Communications
not limited to, the following information: Technology,
the National Computer Center,
the National Statistical and Coordination Board,
(a) Masterlists of departing/arriving Filipinos; the National Statistics Office, and
other government agencies concerned with overseas
(b) Inventory of pending legal cases involving Filipino migrant workers and other Filipino employment
nationals, including those serving prison terms;
Commented [EM34]: "The inter-agency committee shall
be co-chaired by the Department of Foreign Affairs and the
(c) Masterlists of departing/arriving Filipinos; Department of Labor and Employment. The National
Computer Center shall provide the necessary technical
(d) Statistical profile on Filipino migrant workers/overseas Filipinos/Tourists; assistance and shall set the appropriate information and
communications technology standards to facilitate the
(e) Blacklisted foreigners/undesirable aliens; sharing of information among the member agencies.

"The inter-agency committee shall meet regularly to ensure

(f) Basic data on legal systems, immigration policies, marriage laws and civil and criminal the immediate and full implementation of this section and
codes in receiving countries particularly those with the large numbers of Filipinos; shall explore the possibility setting up a central storage
facility for the data on migration. The progress of the
(g) List of labor and other human rights instruments where receiving countries are implementation of this section shall be include in the report
signatories; to Congress of the Department of Foreign Affairs and the
Department of Labor and Employment under Section 33.
(h) A tracking system of past and present gender disaggregated cases involving male and Commented [EM35]: "(a) Masterlists of Filipino migrant
female migrant workers; and workers/overseas Filipino classified according to
occupation/job category, civil status, by country/state of
(I) Listing of overseas posts which may render assistance to overseas Filipinos, in general, destination including visa classification;
and migrant workers, in particular. Commented [EM36]: "(h) A tracking system of past and
present gender disaggregated cases involving male and
female migrant workers, including minors; and
 SEC. 21. MIGRANT WORKERS LOAN GUARANTEE FUND. - In order to further prevent Commented [EM37]: Section 14. Subparagraph (b.1) of
unscrupulous illegal recruiters from taking advantage of workers seeking employment abroad, the paragraph (b) of Section 23 of Republic Act No. 8042, as
OWWA, in coordination with government financial institutions, shall institute financing schemes that amended, is hereby amended to read as follows:
will expand the grant of pre-departure loan and family assistance loan. For this purpose, a Migrant
Commented [EM38]: "(b.1) Philippine Overseas
Workers Loan Guarantee Fund is hereby created and the revolving amount of one hundred million pesos
Employment Administration. - The Administration shall
(P100,000,000.00) from the OWWA is set aside as a guarantee fund in favor of participating government
regulate private sector participation in the recruitment and
financial institutions. overseas placement of workers by setting up a licensing and
registration system. It shall also formulate and implement,
SEC. 22. RIGHTS AND ENFORCEMENT MECHANISM UNDER INTERNATIONAL AND REGIONAL in coordination with appropriate entities concerned, when
HUMAN RIGHTS SYSTEMS. - The Department of Foreign Affairs is mandated to undertake the necessary necessary, a system for promoting and monitoring the
initiative such as promotions, acceptance or adherence of countries receiving Filipino workers to overseas employment of Filipino workers taking into
multilateral convention, declaration or resolutions pertaining to the protection of migrant workers' consideration their welfare and the domestic manpower
rights. The Department of Foreign Affairs is also mandated to make an assessment of rights and requirements. It shall be responsible for the regulation and
avenues of redress under international and regional human rights systems that are available to Filipino management of overseas employment from the pre-
migrant workers who are victims of abuse and violation and, as far as practicable and through the Legal employment stage, securing the best possible employment
Assistant for Migrant Workers Affairs created under this Act, pursue the same on behalf of the victim if terms and conditions for overseas Filipino workers, and
it is legally impossible to file individual complaints. If a complaints machinery is available under taking into consideration the needs of vulnerable sectors
and the peculiarities of sea-based and land-based workers.
international or regional systems, the Department of Foreign Affairs shall fully apprise the Filipino
In appropriate cases, the Administration shall allow the
migrant workers of the existence and effectiveness of such legal options.
lifting of suspension of erring recruitment/manning
agencies upon the payment of fine of Fifty thousand pesos
IV. GOVERNMENT AGENCIES (P50,000.00) for every month of suspension.

SEC. 23. ROLE OF GOVERNMENT AGENCIES. - The following government agencies shall "In addition to its powers and functions, the Administration
perform the following to promote the welfare and protect the rights of migrant workers and, as far as shall inform migrant workers not only of their rights as
applicable, all overseas Filipinos: workers but also of their rights as human beings, instruct
and guide the workers how to assert their rights and
provide the available mechanism to redress violation of
(a) Department of Foreign Affairs. - The Department, through its home office or foreign their rights. It shall also be responsible for the
posts, shall take priority action its home office or foreign posts, shall take priority action or make implementation, in partnership with other law-enforcement...
representation with the foreign authority concerned to protect the rights of migrant workers and other
overseas Filipinos and extend immediate assistance including the repatriation of distressed or Commented [EM39]: Section 15. Sub-paragraph (b.2) of
beleaguered migrant workers and other overseas Filipinos; Paragraph (b) of Section 23 of Republic Act No. 8042, as
amended, is hereby amended to read as follows:
(b) Department of Labor and Employment - The Department of Labor and Employment shall "(b.2) Overseas Workers Welfare Administration. - The
see to it that labor and social welfare laws in the foreign countries are fairly applied to migrant Welfare officer of in his absence, the coordinating officer
workers and whenever applicable, to other overseas Filipinos including the grant of legal assistance and shall provide the Filipino migrant worker and his family all
the referral to proper medical centers or hospitals: the assistance they may need in the enforcement of
contractual obligations by agencies or entities and/or by
(b.1) Philippine Overseas Employment Administration - Subject to deregulation and phase their principals. In the performance of this function, he shall
out as provided under Sections 29 and 30 herein, the Administration shall regulate private sector make representation and may call on the agencies or
participation in the recruitment and overseas placement of workers by setting up a licensing and entities concerned to conferences or conciliation meetings
registration system. It shall also formulate and implement, in coordination with appropriate entities for the purpose of settling the compliance or problems
concerned, when necessary employment of Filipino workers taking into consideration their welfare and brought to his attention. The OWWA shall likewise ...
the domestic manpower requirements. Commented [EM40]: Section 16. Under Section 23 of
Republic Act No. 8042, as amended, add new paragraphs (c)
(b.2) Overseas Workers Welfare Administration - The Welfare Officer or in his absence, the and (d) with their corresponding subparagraphs to read as
coordinating officer shall provide the Filipino migrant worker and his family all the assistance they may follows:
need in the enforcement of contractual obligations by agencies or entities and/or by their principals. In
the performance of this functions, he shall make representation and may call on the agencies or "(c) Department of Health. - The Department of Health
entities concerned to conferences or conciliation meetings for the purpose of settling the complaints or (DOH) shall regulate the activities and operations of all
problems brought to his attention. clinics which conduct medical, physical, optical, dental,
psychological and other similar examinations, hereinafter
referred to as health examinations, on Filipino migrant
workers as requirement for their overseas employment.
Pursuant to this, the DOH shall ensure that:
...
V. THE LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS

SEC. 24. LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS. - There is hereby created the
position of Legal Assistant for Migrant Workers Affairs under the Department of Foreign Affairs who
shall be primarily responsible for the provision and overall coordination of all legal assistance services
to be provided to Filipino migrant workers as well as overseas Filipinos in distress. He shall have the
rank, salary and privileges equal to that of an undersecretary of said Department.

The said Legal Assistant for Migrant Workers Affairs shall be appointed by the President and
must be of proven competence in the field of law with at least ten (10) years of experience as a legal
practitioner and must not have been a candidate to an elective office in the last local or national
elections.

Among the functions and responsibilities of the aforesaid Legal Assistant are:

(a) To issue the guidelines, procedures and criteria for the provisions of legal assistance
services to Filipino migrant workers;

(b) To establish close linkages with the Department of Labor and Employment, the POEA,
the OWWA and other government agencies concerned, as well as with non-governmental organizations
assisting migrant workers, to ensure effective coordination and cooperation in the provision of legal
assistance to migrant workers;

(c) To tap the assistance of reputable law firms and the Integrated Bar of the Philippines
and other bar associations to complement the government's efforts to provide legal assistance to
migrant workers; Commented [EM41]: Section 17. Subparagraph ( c ) of
Section 24 of Republic Act No. 8042, as amended, is hereby
(d) To administer the legal assistance fund for migrant workers established under Section 25 amended to read as follows:
hereof and to authorize disbursements there from in accordance with the purposes for which the fund
was set up; and "( c ) To tap the assistance of reputable law firms, the
Integrated Bar of the Philippines, other bar associations and
other government legal experts on overseas Filipino worker
(e) To keep and maintain the information system as provided in Section 20.
laws to complement the government's efforts to provide
legal assistance to our migrant workers;"
The legal Assistant for Migrant Workers Affairs shall have authority to hire private lawyers,
domestic or foreign, in order to assist him in the effective discharge of the above functions.

SEC. 25. LEGAL ASSISTANCE FUND - There is hereby established a legal assistance fund for
migrant workers, hereinafter referred to as Legal Assistance fund, in the amount of One hundred Commented [EM42]: Contingency Fund of the President
million pesos (P100,000,000.00) to be constituted from the following sources: Social Fund
Commented [EM43]: "Twenty million pesos
Fifty million pesos (P50,000,000.00) from the Contingency Fund of the President; (20,000,000.00) from the Welfare Fund for Overseas
Workers established under Letter of Instructions No. 537 as
Thirty million pesos (P30,000,000.00) from the Presidential Social Fund; and amended by Presidential Decree Nos. 1694 and 1809; and

Twenty million pesos (P20,000,000.00) from the Welfare Fund for Overseas Workers "An amount appropriated in the annual General
Appropriations Act (GAA) which shall not be less than Thirty
established under Letter of Instruction No. 537, as amended by Presidential Decree Nos. 1694 and
million pesos (30,000,000.00) per year: Provided, that the
1809.
balance of the Legal Assistance Fund (LAF) including the
amount appropriated for the year shall not be less than One
Any balances of existing fund which have been set aside by the government specifically as hundred million pesos (P100,000,000.00) : Provided,
legal assistance or defense fund to help migrant workers shall upon effectivity of this Act, to be turned further, That the fund shall be treated as a special fund in
over to, and form part of, the Fund created under this Act. the National Treasury and its balance, including the amount
appropriated in the GAA, which shall form part of the Fund,
shall not revert to the General Fund.
 SEC. 26. USES OF THE 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 the foreign lawyers to be hired by the Legal Assistance for Migrant Workers Affairs to
represent migrant workers facing charges abroad, bail bonds to secure the temporary release of Commented [EM44]: facing charges or in filing cases
workers under detention, court fees and charges and other litigation expenses. against erring or abusive employers abroad,
Commented [EM45]: bail bonds to secure the temporary
VI. COUNTRY - TEAM APPROACH
releases and other litigation expenses: Provided, That at the
end of every year, the Department of Foreign Affairs shall
SEC. 27. PRIORITY CONCERNS OF PHILIPPINE FOREIGN SERVICE POSTS. - The country team include in its report to Congress, as provided for under
approach, as enunciated under Executive Order No. 74, series of 1993, shall be the mode under which Section 33 of this Act, the status of the Legal Assistance
Philippine embassies or their personnel will operate in the protection of the Filipino migrant workers as Fund, including the expenditures from the said fund duly
well as in the promotion of their welfare. The protection of the Filipino migrant workers and the audited by the Commission on Audit (COA): Provided,
promotion of their welfare, in particular, and the protection of the dignity and fundamental rights and further, That the hiring of foreign legal counsels, when
freedoms of the Filipino citizen abroad, in general, shall be the highest priority concerns of the circumstances warrant urgent action, shall be exempt from
Secretary of Foreign Affairs and the Philippine Foreign Service Posts. the coverage of Republic Act No. 9184 or the Government
Procurement Act."
SEC. 28. COUNTRY-TEAM APPROACH. - Under the country-team approach, all officers,
representatives and personnel of the Philippine government posted abroad regardless of their mother
agencies shall, on a per country basis, act as one country-team with a mission under the leadership of
the ambassador. In this regard, the ambassador may recommend to the Secretary of the Department of
Foreign Affairs the recall of officers, representatives and personnel of the Philippine government
posted abroad for acts inimical to the national interest such as, but not limited to, failure to provide
the necessary services to protect the rights of overseas Filipinos.

Upon receipt of the recommendation of the ambassador, the Secretary of the Department
of Foreign Affairs shall, in the case of officers, representatives and personnel of other departments,
endorse such recommendation to the department secretary concerned for appropriate action. Pending
investigation by an appropriate body in the Philippines, the person recommended for recall may be
placed under preventive suspension by the ambassador.

In host countries where there are Philippine consulates, such consulates shall also
constitute part of the country-team under the leadership of the ambassador.

In the implementation of the country-team approach, visiting Philippine delegations shall be

provided full support and information.

VII. DEREGULATION AND PHASE-OUT

SEC. 29. COMPREHENSIVE DEREGULATION PLAN ON RECRUITMENT ACTIVITIES. - Pursuant to a

progressive policy of deregulation whereby the migration of workers becomes strictly a 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 recruitment activities
taking into account labor market trends, economic conditions of the country and emergency
circumstances which may affect the welfare of migrant workers.

SEC. 30. GRADUAL PHASE-OUT OF REGULATORY FUNCTIONS. - Within a period of five (5)
years from the effectivity of this Act, the DOLE shall phase out the regulatory functions of the POEA
pursuant to the objectives of deregulation.

VII. PROFESSIONAL AND OTHER HIGHLY-SKILLED FILIPINOS ABROAD

 SEC. 31. INCENTIVES TO PROFESSIONALS AND OTHER HIGHLY-SKILLED FILIPINOS ABROAD. - Commented [EM46]: , to be selected and nominated
Pursuant to the objective of encouraging professionals and other highly-skilled Filipinos abroad openly by the general membership of the sector being
especially in the field of science and technology to participate in, and contribute to national represented.
development, the government shall provide proper and adequate incentives and programs so as to
secure their services in priority development areas of the public and private sectors. " The selection and nomination of the additional members
from the women, sea-based and land-based sectors shall be
governed by the following guidelines:
IX. MISCELLANEOUS PROVISIONS
"(a) The POEA and the OWWA shall launch a massive
SEC. 32. POEA AND OWWA BOARD; ADDITIONAL MEMBERSHIPS. - Notwithstanding any information campaign on the selection of nominees and
provision of law to the contrary, the respective Boards of the POEA and the OWWA shall, in addition to provide for a system of consultative sessions for the
their present composition, have three (3) members each who shall come from the women, sea-based certified leaders or representatives of the concerned
and land-based sectors, respectively, to be appointed by the President in the same manner as the sectors, at least three (3) times, within ninety (90) days
other members. before the boards shall be convened, for purposes of
selection. The process shall be open, democratic and
SEC. 33. REPORT TO CONGRESS. - In order to inform the Philippine Congress on the transparent;
implementation of the policy enunciated in Section 4 hereof, the Department of Foreign Affairs and the
"(b) Only non-government organizations that protect and
Department of Labor and Employment shall submit to the said body a semi-annual report of Philippine
promote the rights and welfare of overseas Filipino workers,
foreign posts located in countries hosting Filipino migrant workers. The report shall not be limited to
duly registered with the appropriate Philippine government
the following information:
agency and in good standing as such, and in existence for at
least three (3) years prior to the nomination shall be
(a) Masterlist of Filipino migrant workers, and inventory of pending cases involving them and qualified to nominate a representative for each sector to
other Filipino nationals including those serving prison terms; the Board; ...
Commented [EM47]: Section 21. The first and last
(b) Working conditions of Filipino migrant workers; paragraph of Section 33 of Republic Act No. 8042, as
amended, is hereby amended to read as follows:
(c) Problems encountered by the migrant workers, specifically violations of their rights;
"SEC. 33. Report to Congress. - In order to inform the
(d) Initiative/actions taken by the Philippine foreign posts to address the problems of Philippine Congress on the implementation of the policy
Filipino migrant workers; enunciated in Section 4 hereof, the Department of Foreign
Affairs and the Department of Labor and Employment shall
submit separately to the said body a semi-annual report of
(e) Changes in the laws and policies of host countries; and Philippine foreign posts located in countries hosting Filipino
migrant workers. The mid-year report covering the period
(f) Status of negotiations on bilateral labor agreements between the Philippines and the host January to June shall be submitted not later than October
country. 31 of the same year while the year-end report covering the
period July to December shall be submitted not later than ...
Any officer of the government who fails to report as stated in the preceding section shall be Commented [EM48]: " Any officer of the government
subjected to administrative penalty. who fails to submit the report as stated in this section shall
be subject to an administrative penalty of dismissal from
SEC. 34. REPRESENTATION IN CONGRESS. - Pursuant to Section 3(2), Article VI of the the service with disqualification to hold any appointive
Constitution and in line with the objective of empowering overseas Filipinos to participate in the public office for five (5) years."
policy-making process to address Filipino migrant concerns, two (2) sectoral representatives for Commented [EM49]: Section 22. Section 35 of Republic
migrant workers in the House of Representatives shall be appointed by the President from the ranks of Act No. 8042, as amended, is hereby amended to read as
migrant workers: Provided, that at least one (1) of the two (2) sectoral representatives shall come from follows:
the women migrant workers sector: Provided, further, that all nominees must have at least two (2)
years experience as a migrant worker. SEC. 35. Exemption from Travel Tax Documentary Stamp
and Airport Fee. - All laws to the contrary notwithstanding,
SEC. 35. EXEMPTION FROM TRAVEL TAX AND AIRPORT FEE. - All laws to the country the migrant workers shall be exempt from the payment of
notwithstanding, the migrant worker shall be exempt from the payment of travel tax and airport fee travel tax and airport-fee upon proper showing of proof
upon proper showing of proof of entitlement by the POEA. entitlement by the POEA.

"The remittances of all overseas Filipino workers, upon

SEC. 36. NON-INCREASE OF FEES; ABOLITION OF REPATRIATION BOND. - Upon approval of this showing of the same proof of entitlement by the overseas
Act, all fees being charged by any government office on migrant workers shall remain at their present Filipino worker's beneficiary or recipient, shall be exempt
levels and the repatriation bond shall be established. from the payment of documentary stamp tax.
 SEC. 37. THE CONGRESSIONAL MIGRANT WORKERS SCHOLARSHIP FUND. - There is hereby
created a Congressional Migrant Workers Scholarship Fund which shall benefit deserving migrant Commented [EM50]: Section 24. A new Section 37-B of
workers and/or their immediate descendants below twenty-one (21) years of age who intent to pursue Republic Act No. 8042, as amended, is hereby added to read
courses or training primarily in the field of science and technology. The initial seed fund of two as follows:
hundred million pesos (P200,000,000.00) shall be constituted from the following sources:
"Sec. 37-B. Congressional Oversight Committee. - There is
(a) Fifty million pesos (P50,000,000.00) from the unexpected Countrywide Development hereby created a Joint Congressional Oversight Committee
Fund for 1995 in equal sharing by all members of Congress; and composed of five (5) Senators and five (5) Representatives
to be appointed by the Senate President and the Speaker of
the House of Representatives, respectively. The Oversight
(b) The remaining one hundred fifty million pesos (P150,000,000.00) shall be funded from Committee shall be co-chaired by the chairpersons of the
the proceeds of Lotto. Senate Committee on Labor and Employment and the
House of Representatives Committee on Overseas Workers
The Congressional Migrant Workers Scholarship Fund as herein created shall be administered Affairs. The Oversight Committee shall have the following
by the DOLE in coordination with the Department of Science and Technology (DOST). To carry out the duties and functions:
objectives of this section, the DOLE and the DOST shall formulate the necessary rules and regulations.
"(a) To set the guidelines and overall framework to monitor
and ensure the proper implementation of Republic Act No.
8042, as amended, as well as all programs, projects and
activities related to overseas employment;
SEC. 38. APPROPRIATION AND OTHER SOURCES OF FUNDING. - The amount necessary to carry
out the provisions of this Act shall be provided for in the General Appropriations Act of the year "(b) To ensure transparency and require the submission of
following its enactment into law and thereafter. reports from concerned government agencies on the ...
Commented [EM51]: Section 23. A new Section 37-A. of
SEC. 39. MIGRANT WORKERS DAY. - The day of signing by the President of this Act shall be Republic Act No. 8042, as amended, is hereby added to read
designated as the Migrant Workers Day and shall henceforth be commemorated as such annually. as follows:

SEC. 40. IMPLEMENTING RULES AND REGULATIONS. - The departments and agencies charged "SEC. 37-A. Compulsory Insurance Coverage for Agency-
Hired Workers. - In addition to the performance bond to be
with carrying out the provisions of this Act shall, within ninety (90) days after the effectivity of this
filed by the recruitment/manning agency under Section 10,...
Act, formulate the necessary rules and regulations for its effective implementation.
Commented [EM52]: Section 25. Implementing Rules and
Regulations. - The departments and agencies charged with
carrying out the provisions of this Act, except as otherwise
provided herein, in consultation with the Senate Committee
SEC. 41. REPEATING CLAUSE. - All laws, decrees, executive orders, rules and regulations, or
on Labor and Employment and the House of
parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly. Representatives Committee on Overseas Workers Affairs,
shall, within sixty (60) days after the effectivity of this Act, ...
SEC. 42. SEPARABILITY CLAUSE. - If, for any reason, any section or provision of this Act is
held unconstitutional or invalid, the other sections or provisions hereof shall not be affected thereby. Commented [EM53]: Section 26. Funding. - The
departments, agencies, instrumentalities, bureaus, offices
and government-owned and controlled corporations
SEC. 43. EFFECTIVITY CLAUSE. - This Act shall take effect after fifteen (15) days from its charged with carrying out the provisions of this Act shall
publication in the Official Gazette or in at least two (2) national newspapers of general circulation include in their respective programs the implementation of
whichever comes earlier. this Act, the funding of which shall be included in the
General Appropriations Act. The Congressional Oversight ...
Commented [EM54]: Section 28. Repealing Clause. - All
laws, decrees, executive orders, issuances, rules and
regulations or parts thereof inconsistent with the provisions
of this Act are hereby repealed or modified accordingly.
Commented [EM55]: Section 27. Separability Clause. - If,
for any reason, may portion of this Act is declared
unconstitutional or invalid, the same shall not affect the
validity of the other provisions not affected thereby.
Commented [EM56]: Section 29. Effectivity. - This Act
shall take effect fifteen (15) days after its publication in at
least two (2) newspapers of general circulation.