REPUBLIC ACT NO.

8042 employment opportunities and promote the equitable distribution

of wealth and the benefits of development.
AN ACT TO INSTITUTE THE POLICIES OF OVERSEAS
EMPLOYMENT AND ESTABLISH A HIGHER STANDARD OF (d) The State affirms the fundamental equality before the law of
PROTECTION AND PROMOTION OF THE WELFARE OF women and men and the significant role of women in nation-
MIGRANT WORKERS, THEIR FAMILIES AND OVERSEAS building. Recognizing the contribution of overseas migrant
FILIPINOS IN DISTRESS, AND FOR OTHER PURPOSES women workers and their particular vulnerabilities, the State shall
apply gender sensitive criteria in the formulation and
Be it enacted by the Senate and House of Representatives of the implementation of policies and programs affecting migrant
Philippines in Congress assembled: workers and the composition of bodies tasked for the welfare of
migrant workers.
SECTION 1. Short Title. – This act shall be known and cited as
the “Migrant Workers and Overseas Filipinos Act of 1995.” (e) Free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any persons by
SEC. 2. Declaration Of Policies— reason of poverty. In this regard, it is imperative that an effective
mechanism be instituted to ensure that the rights and interest of
(a) In the pursuit of an independent foreign policy and while distressed overseas Filipinos, in general, and Filipino migrant
considering national sovereignty, territorial integrity, national workers, in particular, documented or undocumented, are
interest and the right to self-determination paramount in its adequately protected and safeguarded.
relations with other states, the State shall, at all times, uphold the
dignity of its citizens whether in country or overseas, in general, (f) The right of Filipino migrant workers and all overseas Filipinos
and Filipino migrant workers, in particular. to participate in the democratic decision-making processes of the
State and to be represented in institutions relevant to overseas
(b) The State shall afford full protection to labor, local and employment is recognized and guaranteed.
overseas, organized and unorganized, and promote full
employment and equality of employment opportunities for all. (g) The State recognizes that the ultimate protection to all migrant
Towards this end, the State shall provide adequate and timely workers is the possession of skills. Pursuant to this and as soon
social, economic and legal services to Filipino migrant workers. as practicable, the government shall deploy and/or allow the
deployment only to skilled Filipino workers.
(c) While recognizing the significant contribution of Filipino
migrant workers to the national economy through their foreign (h) Non-governmental organizations, duly recognized as
exchange remittances, the State does not promote overseas legitimate, are partners of the State in the protection of Filipino
employment as a means to sustain economic growth and achieve migrant workers and in the promotion of their welfare, the State
national development. The existence of the overseas shall cooperate with them in a spirit of trust and mutual respect.
employment program rests solely on the assurance that the
dignity and fundamental human rights and freedoms of the (i) Government fees and other administrative costs of recruitment,
Filipino citizens shall not, at any time, be compromised or introduction, placement and assistance to migrant workers shall
violated. The State, therefore, shall continuously create local be rendered free without prejudice to the provision of Section 36
hereof.
Nonetheless, the deployment of Filipino overseas workers, (c) It has concluded a bilateral agreement or arrangement with
whether land-based or sea-based by local service contractors the government protecting the rights of overseas Filipino workers;
and manning agencies employing them shall be encouraged. and
Appropriate incentives may be extended to them.
(d) It is taking positive, concrete measures to protect the rights of
SEC. 3. DEFINITIONS. – For purposes of this Act: migrant workers.

(a) “Migrant worker” refers to a person who is to be engaged, is SEC. 5. TERMINATION ORBANONDEPLOYMENT –
engaged or has been engaged in a renumerated activity in a state Notwithstanding the provisions of Section 4 hereof, the
of which he or she is not a legal resident to be used government, in pursuit of the national interest or when public
interchangeably with overseas Filipino worker. welfare so requires, may, at any time, terminate or impose a ban
on the deployment of migrant workers.
(b) “Gender-sensitivity” shall mean cognizance of the inequalities
and inequities prevalent in society between women and men and II.
a commitment to address issues with concern for the respective ILLEGAL RECRUITMENT
interests of the sexes.
Sec. 6. DEFINITIONS. – For purposes of this Act, illegal
(c) “Overseas Filipinos” refers to dependents of migrant workers recruitment shall mean any act of canvassing, enlisting,
and other Filipino nationals abroad who are in distress as contracting, transporting, utilizing, hiring, procuring workers and
mentioned in Sections 24 and 26 of this Act. includes referring, contact services, promising or advertising for
employment abroad, whether for profit or not, when undertaken
I. by a non-license or non-holder of authority contemplated under
DEPLOYMENT Article 13(f) of Presidential Decree No. 442, as amended,
otherwise known as the Labor Code of the Philippines. Provided,
SEC. 4. Deployment of Migrant Workers – The State shall deploy that such non-license or non-holder, who, in any manner, offers
overseas Filipino workers only in countries where the rights of or promises for a fee employment abroad to two or more persons
Filipino migrant workers are protected. The government shall be deemed so engaged. It shall likewise include the
recognizes any of the following as guarantee on the part of the following acts, whether committed by any persons, whether a
receiving country for the protection and the rights of overseas non-licensee, non-holder, licensee or holder of authority.
Filipino workers:
(a) To charge or accept directly or indirectly any amount greater
(a) It has existing labor and social laws protecting the rights of than the specified in the schedule of allowable fees prescribed by
migrant workers; the Secretary of Labor and Employment, or to make a worker pay
any amount greater than that actually received by him as a loan
(b) It is a signatory to multilateral conventions, declaration or or advance;
resolutions relating to the protection of migrant workers;
(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 (k) To withhold or deny travel documents from applicant workers
or commit any act of misrepresentation for the purpose of before departure for monetary or financial considerations other
securing a license or authority under the Labor Code; than those authorized under the Labor Code and its implementing
rules and regulations;
(d) To induce or attempt to induce a worker already employed to
quit his employment in order to offer him another unless the (l) Failure to actually deploy without valid reasons as determined
transfer is designed to liberate a worker from oppressive terms by the Department of Labor and Employment; and
and conditions of employment;
(m) Failure to reimburse expenses incurred by the workers in
(e) To influence or attempt to influence any persons or entity not connection with his documentation and processing for purposes
to employ any worker who has not applied for employment of deployment, in cases where the deployment does not actually
through his agency; take place without the worker’s fault. Illegal recruitment when
committed by a syndicate or in large scale shall be considered as
(f) To engage in the recruitment of placement of workers in jobs offense involving economic sabotage.
harmful to public health or morality or to dignity of the Republic of
the Philippines; Illegal recruitment is deemed committed by a syndicate carried
out by a group of three (3) or more persons conspiring or
(g) To obstruct or attempt to obstruct inspection by the Secretary confederating with one another. It is deemed committed in large
of Labor and Employment or by his duly authorized scale if committed against three (3) or more persons individually
representative; or as a group.

(h) To fail to submit reports on the status of employment, The persons criminally liable for the above offenses are the
placement vacancies, remittances of foreign exchange earnings, principals, accomplices and accessories. In case of juridical
separations from jobs, departures and such other matters or persons, the officers having control, management or direction of
information as may be required by the Secretary of Labor and their business shall be liable.
Employment;
SEC. 7. PENALTIES –
(i) To substitute or alter to the prejudice of the worker,
employment contracts approved and verified by the Department (a) Any person found guilty of illegal recruitment shall suffer the
of Labor and Employment from the time of actual signing thereof penalty of imprisonment of not less than six (6) years and one (1)
by the parties up to and including the period of the expiration of day but not more than twelve (12) years and a fine not less than
the same without the approval of the Department of Labor and two hundred thousand pesos (P200,000.00) nor more than five
Employment; hundred thousand pesos (P500,000.00).

(j) For an officer or agent of a recruitment or placement agency to (b) The penalty of life imprisonment and a fine of not less than
become an officer or member of the Board of any corporation five hundred thousand pesos (P500,000.00) nor more than one
engaged in travel agency or to be engaged directly on indirectly million pesos (P1,000,000.00) shall be imposed if illegal
in the management of a travel agency; recruitment constitutes economic sabotage as defined herein.
Provided, however, that the maximum penalty shall be imposed incorporated in the contract for overseas employment and shall
if the person illegally recruited is less than eighteen (18) years of be a condition precedent for its approval. The performance bond
age or committed by a non-licensee or non-holder of authority. to be filed by the recruitment/placement agency, as provided by
law, shall be answerable for all money claims or damages that
SEC. 8. PROHIBITION ON OFFICIALS AND EMPLOYEES. – Ot may be awarded to the workers. If the recruitment/placement
shall be unlawful for any official or employee of the Department agency is a juridical being, the corporate officers and directors
of Labor and Employment, the Philippine Overseas Employment and partners as the case may be, shall themselves be jointly and
Administration, or the Overseas Workers Welfare Administration, solidarily liable with the corporation or partnership for the
or the Department of Foreign Affairs, or other government aforesaid claims and damages.
agencies involved in the implementation of this Act, or their
relatives within the fourth civil degree of consanguinity or affinity, Such liabilities shall continue during the entire period or duration
to engage, directly or indirectly, in the business of recruiting of the employment contract and shall not be affected by any
migrant workers as defined in this Act. The penalties shall be substitution, amendment or modification made locally or in a
imposed upon them. foreign country of the said contract.

SEC. 9. VENUE. – A criminal action arising from illegal Any compromise/amicable settlement or voluntary agreement on
recruitment as defined herein shall be filed with the Regional Trial money claims inclusive of damages under this section shall be
Court of the province or city where the offense was committed or paid within four (4) months from the approval of the settlement by
where the offended party actually resides at the same time of the the appropriate authority.
commission of the offense: Provided, That the court where the
criminal action is first filed shall acquire jurisdiction to the In case of termination of overseas employment without just, valid
exclusion of other courts. Provided, however, That the or authorized cause as defined by law or contract, the workers
aforestated provisions shall also apply to those criminal actions shall be entitled to the full reimbursement of his placement fee
that have already been filed in court at the time of the effectivity with interest of twelve percent (12%) per annum, plus his salaries
of this Act. for the unexpired portion of his employment contract or for three
(3) months for every year of the unexpired term, whichever is
SEC. 10. MONEY CLAIMS. – Botwithstanding any provision of less.
law to the contrary, the Labor Arbiters of the National Labor
Relations Commission (NLRC) shall have the priginal and Non-compliance with the mandatory periods for resolutions of
exclusive jurisdiction to hear and decide, within ninety (90) cases provided under this section shall subject the responsible
calendar days after filing of the complaint, the claims arising out officials to any or all of the following penalties:
of an employer-employee relationship or by virtue of any law or
contract involving Filipino workers for overseas deployment (a) The salary of any such official who fails to render his decision
including claims for actual, moral, exemplary and other forms of or resolutions within the prescribed period shall be, or caused to
damages. be, withheld until the said official complies therewith;

The liability of the principal/employer and the (b) Suspension for not more than ninety (90) days; or
recruitment/placement agency for any and all claims under this
section shall be joint and several. This provisions shall be
(c) Dismissal from the service with disqualifications to hold any III.
appointive public office for five (5) years. SERVICES

Provided, however, that the penalties herein provided shall be SEC. 14. TRAVEL ADVISORY/INFORMATION
without prejudice to any liability which any such official may have DISSEMINATION. – To give utmost priority to the establishment
incurred under other existing laws or rules and regulations as a of programs and services to prevent illegal recruitment, fraud, and
consequence of violating the provisions of this paragraph. exploitation or abuse of Filipino migrant workers, all embassies
and consular offices, through the Philippine Overseas
SEC. 11. MANADATORY PERIODS FOR RESOLUTION OF Employment Administration (POEA), shall issue travel advisories
ILLEGAL RECRUITMENT CASES. – The preliminary or disseminate information on labor and employment conditions,
investigations of cases under this Act shall be terminated within migration realities and other facts; and adherence of particular
a period of thirty (30) calendar days from the date of their filing. countries to international standards on human and workers’ rights
Where the preliminary investigation is conducted by a which will adequately prepare individuals into making informed
prosecution officer and a prima facie case is established, the and intelligent decisions about overseas employment. Such
corresponding information shall be filed in court within twenty-four advisory or information shall be published in a newspaper of
(24) hours from the termination of the investigation. If the general circulation at least three (3) times in every quarter.
preliminary investigation is conducted by a judge and a prima
facie case is found to exist, prosecution officer within forty-eight SEC. 15. REPATRIATION OF WORKERS; EMERGENCY
(48) hours from the date of receipt of the records of the case. REPATRIATION FUND. – The repatriation of the worker and the
transport of his personal belongings shall be the primary
SEC. 12. PRESCRIPTIVE PERIODS. – Illegal recruitment cases responsibility of the agency which recruited or deployed the
under this Act shall prescribe in five (5) years: Provided, however, worker overseas. All costs attendant to repatriation shall be borne
That illegal recruitment cases involving economic sabotage as by or charged to the agency concerned and/or its principal.
defined herein shall prescribe in twenty (20) years. Likewise, the repatriation of remains and transport of the personal
belongings of a deceased worker and all costs attendant thereto
SEC. 13. FREE LEGAL ASSISTANCE, PREFERENTIAL shall be borne by the principal and/or local agency. However, in
ENTITLEMENT UNDER THE WITNESS PROTECTION cases where the termination of employment is due solely to the
PROGRAM. – A mechanism for free legal assistance for victims fault of the worker, the principal/employer or agency shall not in
of illegal recruitment shall be established within the Department any manner be responsible for the repatriation of the former
of Labor and Employment including its regional offices. Such and/or his belongings.
mechanism must include coordination and cooperation with the
Department of Justice, the Integrated Bar of the Philippines, and The Overseas Workers Welfare Administration (OWWA), in
other non-governmental organizations and volunteer groups. coordination ith appropriate international agencies, shall
undertake the repatriation of workers in cases of war, epidemic,
The provisions of Republic Act No. 6981 to the contrary, disasters or calamities, natural or man-made, and other similar
notwithstanding, any person who is a victim of illegal recruitment events without prejudice to reimbursement by the responsible
shall be entitled to the Witness Protection Program provided principal or agency. However, in cases where the principal or
thereunder. recruitment agency cannot be identified, all costs attendant to
repatriation shall be borne by the OWWA.
For this purposes, there is hereby created and established an SEC. 18. FUNCTIONS OF THE RE-PLACEMENT AND
emergency repatriation fund under the administration control and MONITORING CENTER. – The center shall provide the following
supervision of the OWWA, initially to consist of one hundred service:
million pesos (P100,000,000.00), inclusive of outstanding
balances. (a) Develop livelihood programs and projects for returning Filipino
migrant workers in coordination with the private sector;
SEC. 16. MANDATORY REPATRIATION OF UNDERAGE
MIGRANT WORKERS. – Upon discovery or being informed of (b) Coordinate with appropriate private and government agencies
the presence of migrant workers whose actual ages fall below the the promotion, development, re-placement and the full utilization
minimum age requirement for overseas deployment, the of their potentials;
responsible officers in the foreign service shall without delay
repatriate said workers and advise the Department of Foreign (c) Institute in cooperation with other government agencies
Affairs through the fastest means of communication availavle of concerned, a computer-based information system on skilled
such discovery and other relevant information. Filipino migrant workers which shall be accessible to all local
recruitment agencies and employers, both public and private;
SEC. 17. ESTABLISHMENT OF RE-PLACEMENT AND
MONITORING CENTER. – A replacement and monitoring center (d) Provide a periodic study and assessment of job opportunities
is hereby created in the Department of Labor and Employment for returning Filipino migrant workers.
for returning Filipino migrant workers which shall provide a
mechanism for their reintegration into the Philippine society, SEC. 19. ESTABLISHMENT OF A MIGRANT WORKERS AND
serve as a promotion house for their local employment, and tap OTHER OVERSEAS FILIPINOS RESOURCE CENTER. – Within
their skills and potentials for national development. the premises and under the administrative jurisdiction of the
Philippine Embassy in countries where there are large
The Department of Labor and Employment, the Overseas concentrations of Filipino migrant workers, there shall be
Workers Welfare Administration, and the Philippine Overseas establish a Migrant Workers and Other Overseas Filipinos
Employment Administration shall, within ninety (90) days from the Resource Center with the following services:
effectivity of this Act, formulate a program that would motivate
migrant workers to plan for productive options such as entry into (a) Counseling and legal services;
highly technical jobs or undertakings, livelihood and
entrepreneurial development, better wage employment, and (b) Welfare assistance including the procurement of medical and
investment of savings. hospitalization services;

For this purpose, the Technical Education and Skills (c) Information, advisory and programs to promote social
Development Authority (TESDA), the Technology Livelihood integration such as post-arrival orientation, settlement and
Resource Center (TLRC), and other government agencies community networking services for social integration;
involved in training and livelihood development shall give priority
to return who had been employed as domestic helpers and (d) Institute a scheme of registration of undocumented workers to
entertainers. bring them within the 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, Employment Administration, The Overseas Workers Welfare
under pain of having his/her passport cancelled; Administration, The Department of Tourism, the Department of
Justice, the Bureau of Immigration, the National Bureau of
(e) Human resource development, such as training and skills Investigation, and the National Statistics Office shall be
upgrading; established to implement a shared government information
system for migration. The inter-agency committee shall initially
(f) Gender sensitive programs and activities to assist particular make available to itself the information contained in existing data
needs of women migrant workers; bases/files. The second phase shall involve linkaging of computer
facilities in order to allow free-flow data exchanges and sharing
(g) Orientation program for returning workers and other migrants; among concerned agencies.
and
The inter-agency committee shall convene to identify existing
(h) Monitoring of daily situations, circumstances and activities data bases which shall be declassified and shared among
affecting migrant workers and other overseas Filipinos. member agencies. These shared data bases shall initially
include, but not limited to, the following information:
The establishment and operations of the Center shall be a joint
undertaking of the various government agencies. The Center (a) Masterlists of departing/arriving Filipinos;
shall be open for twenty-four (24) hours daily, including
Saturdays, Sundays and holidays, and shall be staffed by Foreign (b) Inventory of pending legal cases involving Filipino migrant
Service personnel, service attaches or officers who represent workers and other Filipino nationals, including those serving
other organizations from the host countries. In countries prison terms;
categorized as highly problematic by the Department of Foreign
Affairs and the Department of Labor and Employment and where (c) Masterlists of departing/arriving Filipinos;
there is a concentration of Filipino migrant workers, the
government must provide a lawyer and a social worker for the (d) Statistical profile on Filipino migrant workers/overseas
Center. The Labor Attache shall coordinate the operation of the Filipinos/Tourists;
Center and shall keep the Chief of Mission informed and updated
on all matters affecting it. (e) Blacklisted foreigners/undesirable aliens;

The Center shall have a counterpart 24-hour information and (f) Basic data on legal systems, immigration policies, marriage
assistance center at the Department of Foreign Affairs to ensure laws and civil and criminal codes in receiving countries
a continuous network and coordinative mechanism at the home particularly those with the large numbers of Filipinos;
office.
(g) List of labor and other human rights instruments where
SEC. 20. ESTABLISHMENT OF A SHARED GOVERNMENT receiving countries are signatories;
INFORMATION SYSTEM FOR MIGRATION. – An inter-agency
committee composed of the Department of Foreign Affairs and its (h) A tracking system of past and present gender disaggregated
attached agency, the Commission on Filipino Overseas, the cases involving male and female migrant workers; and
Department of Labor and Employment, the Philippine Overseas
(i) Listing of overseas posts which may render assistance to welfare and protect the rights of migrant workers and, as far as
overseas Filipinos, in general, and migrant workers, in particular. applicable, all overseas Filipinos:

SEC. 21. MIGRANT WORKERS LOAN GUARANTEE FUND. – (a) Department of Foreign Affairs. – The Department, through its
In order to further prevent unscrupulous illegal recruiters from home office or foreign posts, shall take priority action its home
taking advantage of workers seeking employment abroad, the office or foreign posts, shall take priority action or make
OWWA, in coordination with government financial institutions, representation with the foreign authority concerned to protect the
shall institute financing schemes that will expand the grant of pre- rights of migrant workers and other overseas Filipinos and extend
departure loan and family assistance loan. For this purpose, a immediate assistance including the repatriation of distressed or
Migrant Workers Loan Guarantee Fund is hereby created and the beleaguered migrant workers and other overseas Filipinos;
revolving amount of one hundred million pesos
(P100,000,000.00) from the OWWA is set aside as a guarantee (b) Department of Labor and Employment – The Department of
fund in favor of participating government financial institutions. Labor and Employment shall see to it that labor and social welfare
laws in the foreign countries are fairly applied to migrant workers
SEC. 22. RIGHTS AND ENFORCEMENT MECHANISM UNDER and whenever applicable, to other overseas Filipinos including
INTERNATIONAL AND REGIONAL HUMAN RIGHTS the grant of legal assistance and the referral to proper medical
SYSTEMS. – The Department of Foreign Affairs is mandated to centers or hospitals:
undertake the necessary initiative such as promotions,
acceptance or adherence of countries receiving Filipino workers (b.1) Philippine Overseas Employment Administration – Subject
to multilateral convention, declaration or resolutions pertaining to to deregulation and phase out as provided under Sections 29 and
the protection of migrant workers’ rights. The Department of 30 herein, the Administration shall regulate private sector
Foreign Affairs is also mandated to make an assessment of rights participation in the recruitment and overseas placement of
and avenues of redress under international and regional human workers by setting up a licensing and registration system. It shall
rights systems that are available to Filipino migrant workers who also formulate and implement, in coordination with appropriate
are victims of abuse and violation and, as far as practicable and entities concerned, when necessary employment of Filipino
through the Legal Assistant for Migrant Workers Affairs created workers taking into consideration their welfare and the domestic
under this Act, pursue the same on behalf of the victim if it is manpower requirements.
legally impossible to file individual complaints. If a complaints
machinery is available under international or regional systems, (b.2) Overseas Workers Welfare Administration – The Welfare
the Department of Foreign Affairs shall fully apprise the Filipino Officer or in his absence, the coordinating officer shall provide the
migrant workers of the existence and effectiveness of such legal Filipino migrant worker and his family all the assistance they may
options. need in the enforcement of contractual obligations by agencies or
entities and/or by their principals. In the performance of this
IV. functions, he shall make representation and may call on the
GOVERNMENT AGENCIES agencies or entities concerned to conferences or conciliation
meetings for the purpose of settling the complaints or problems
SEC. 23. ROLE OF GOVERNMENT AGENCIES. – The following brought to his attention.
government agencies shall perform the following to promote the
 V. (d) To administer the legal assistance fund for migrant workers
THE LEGAL ASSISTANT FOR MIGRANT WORKERS established under Section 25 hereof and to authorize
AFFAIRS disbursements there from in accordance with the purposes for
which the fund was set up; and
SEC. 24. LEGAL ASSISTANT FOR MIGRANT WORKERS
AFFAIRS. – There is hereby created the position of Legal (e) To keep and maintain the information system as provided in
Assistant for Migrant Workers Affairs under the Department of Section 20.
Foreign Affairs who shall be primarily responsible for the
provision and overall coordination of all legal assistance services The legal Assistant for Migrant Workers Affairs shall have
to be provided to Filipino migrant workers as well as overseas authority to hire private lawyers, domestic or foreign, in order to
Filipinos in distress. He shall have the rank, salary and privileges assist him in the effective discharge of the above functions.
equal to that of an undersecretary of said Department.
SEC. 25. LEGAL ASSISTANCE FUND – There is hereby
The said Legal Assistant for Migrant Workers Affairs shall be established a legal assistance fund for migrant workers, herein
appointed by the President and must be of proven competence after referred to as Legal Assistance fund, in the amount of One
in the field of law with at least ten (10) years of experience as a hundred million pesos (P100,000,000.00) to be constituted from
legal practitioner and must not have been a candidate to an the following sources:
elective office in the last local or national elections.
Fifty million pesos (P50,000,000.00) from the Contingency Fund
Among the functions and responsibilities of the aforesaid Legal of the President;
Assistant are:
Thirty million pesos (P30,000,000.00) from the Presidential
(a) To issue the guidelines, procedures and criteria for the Social Fund; and
provisions of legal assistance services to Filipino migrant
workers; Twenty million pesos (P20,000,000.00) from the Welfare Fund for
Overseas Workers established under Letter of Instruction No.
(b) To establish close linkages with the Department of Labor and 537, as amended by Presidential Decree Nos. 1694 and 1809.
Employment, the POEA, the OWWA and other government
agencies concerned, as well as with non-governmental Any balances of existing fund which have been set aside by the
organizations assisting migrant workers, to ensure effective government specifically as legal assistance or defense fund to
coordination and cooperation in the provision of legal assistance help migrant workers shall, upon effectivity of this Act, to be
to migrant workers; turned over to, and form part of, the Fund created under this Act.

(c) To tap the assistance of reputable law firms and the Integrated SEC. 26. USES OF THE LEGAL ASSISTANCE FUND. – The
Bar of the Philippines and other bar associations to complement Legal Assistance Fund created under the preceeding section
the government’s efforts to provide legal assistance to migrant shall be used exclusively to provide legal services to migrant
workers; workers and overseas Filipinos in distress in accordance witht 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 recall may be placed under preventive suspension by the
be hired by the Legal Assistance for Migrant Workers Affairs to ambassador.
represent migrant workers facing charges abroad, bail bonds to
secure the temporary release of workers under detention, court In host countries where there are Philippine consulates, such
fees and charges and other litigation expenses. consulates shall also constitute part of the country-team under
the leadership of the ambassador.
VI.
COUNTRY – TEAM APPROACH In the implementation of the country-team approach, visiting
Philippine delegations shall be provided full support and
SEC. 27. PRIORITY CONCERNS OF PHILIPPINE FOREIGN information.
SERVICE POSTS. – The country team approach, as enunciated
under Executive Order No. 74, series of 1993, shall be the mode VII.
under which Philippine embassies or their personnel will operate DEREGULATION AND PHASE-OUT
in the protection of the Filipino migrant workers as well as in the
promotion of their welfare. The protection of the Filipino migrant SEC. 29. COMPREHENSIVE DEREGULATION PLAN ON
workers and the promotion of their welfare, in particular, and the RECRUITMENT ACTIVITIES. – Pursuant to a progressive policy
protection of the dignity and fundamental rights and freedoms of of deregulation whereby the migration of workers becomes strictly
the Filipino citizen abroad, in general, shall be the highest priority a matter between the worker and his foreign employer, the DOLE
concerns of the Secretary of Foreign Affairs and the Philippine within one (1) year from the effectivity of this Act, is hereby
Foreign Service Posts. mandated to formulate a five-year comprehensive deregulation
plan on recruitment activities taking into account labor market
SEC. 28. COUNTRY-TEAM APPROACH. – Under the country- trends, economic conditions of the country and emergency
team approach, all officers, representatives and personnel of the circumstances which may affect the welfare of migrant workers.
Philippine government posted abroad regardless of their mother
agencies shall, on a per country basis, act as one country-team SEC. 30. GRADUAL PHASE-OUT OF REGULATORY
with a mission under the leadership of the ambassador. In this FUNCTIONS. – Within a period of five (5) years from the
regard, the ambassador may recommend to the Secretary of the effectivity of this Act, the DOLE shall phase out the regulatory
Department of Foreign Affairs the recall of officers, functions of the POEA pursuant to the objectives of deregulation.
representatives and personnel of the Philippine government
posted abroad for acts inimical to the national interest such as, VIII.
but not limited to, failure to provide the necessary services to PROFESSIONAL AND OTHER HIGHLY-SKILLED FILIPINOS
protect the rights of overseas Filipinos. ABROAD

Upon receipt of the recommendation of the ambassador, the SEC. 31. INCENTIVES TO PROFESSIONALS AND OTHER
Secretary of the Department of Foreign Affairs shall, in the case HIGHLY-SKILLED FILIPINOS ABROAD. – Pursuant to the
of officers, representatives and personnel of other departments, objective of encouraging professionals and other highly-skilled
endorse such recommendation to the department secretary Filipinos abroad especially in the field of science and technology
concerned for appropriate action. Pending investigation by an to participate in, and contribute to national development, the
appropriate body in the Philippines, the person recommended for government shall provide proper and adequate incentives and
programs so as to secure their services in priority development Any officer of the government who fails to report as stated in the
areas of the public and private sectors. preceeding section shall be subjected to administrative penalty.

IX. SEC. 34. REPRESENTATION IN CONGRESS. – Pursuant to

MISCELLANEOUS PROVISIONS Section 3(2), Article VI of the Constitution and in line with the
objective of empowering overseas Filipinos to participate in the
SEC. 32. POEA AND OWWA BOARD; ADDITIONAL policy-making process to address Filipino migrant concerns, two
MEMBERSHIPS. – Notwithstanding any provision of law to the (2) sectoral representatives for migrant workers in the House of
contrary, the respective Boards of the POEA and the OWWA Representatives shall be appointed by the President from the
shall, in addition to their present composition, have three (3) ranks of migrant workers: Provided, that at least one (1) of the
members each who shall come from the women, sea-based and two (2) sectoral representatives shall come from the women
land-based sectors, respectively, to be appointed by the migrant workers sector: Provided, further, that all nominees must
President in the same manner as the other members. have at least two (2) years experience as a migrant worker.

SEC. 33. REPORT TO CONGRESS. – In order to inform the SEC. 35. EXEMPTION FROM TRAVEL TAX AND AIRPORT
Philippine Congress on the implementation of the policy FEE. – All laws to the country notwithstanding, the migrant worker
enunciated in Section 4 hereof, the Department of Foreign Affairs shall be exempt from the payment of travel tax and airport fee
and the Department of Labor and Employment shall submit to the upon proper showing of proof of entitlement by the POEA.
said body a semi-annual report of Philippine foreign posts located
in countries hosting Filipino migrant workers. The report shall not SEC. 36. NON-INCREASE OF FEES; ABOLITION OF
be limited to the following information: REPATRIATION BOND. – Upon approval of this Act, all fees
being charged by any government office on migrant workers shall
(a) Masterlist of Filipino migrant workers, and inventory of remain at their present levels and the repatriation bond shall be
pending cases involving them and other Filipino nationals established.
including those serving prison terms;
SEC. 37. THE CONGRESSIONAL MIGRANT WORKERS
(b) Working conditions of Filipino migrant workers; SCHOLARSHIP FUND. – There is hereby created a
Congressional Migrant Workers Scholarship Fund which shall
(c) Problems encountered by the migrant workers, specifically benefit deserving migrant workers and/or their immediate
violations of their rights; descendants below twenty-one (21) years of age who intent to
pursue courses or training primarily in the field of science and
(d) Initiative/actions taken by the Philippine foreign posts to technology. The initial seed fund of two hundred million pesos
address the problems of Filipino migrant workers; (P200,000,000.00) shall be constituted from the following
sources:
(e) Changes in the laws and policies of host countries; and
(a) Fifty million pesos (P50,000,000.00) from the unexpected
(f) Status of negotiations on bilateral labor agreements between Countrywide Development Fund for 1995 in equal sharing by all
the Philippines and the host country. members of Congress; and
(b) The remaining one hundred fifty million pesos
(P150,000,000.00) shall be funded from the proceeds of Lotto.

The Congressional Migrant Workers Scholarship Fund as herein

created shall be administered by the DOLE in coordination with
the Department of Science and Technology (DOST). To carry out
the objectives of this section, the DOLE and the DOST shall
formulate the necessary rules and regulations.

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 following its enactment into law and thereafter.

SEC. 39. MIGRANT WORKERS DAY. – The day of signing by

the President of this Act shall be designated as the Migrant
Workers Day and shall henceforth be commemorated as such
annually.

SEC. 40. IMPLEMENTING RULES AND REGULATIONS. – The

departments and agencies charged with carrying out the
provisions of this Act shall, within ninety (90) days after the
effectivity of this Act, formulate the necessary rules and
regulations for its effective implementation.

SEC. 41. REPEATING CLAUSE. – All laws, decrees, executive

orders, rules and regulations, or parts thereof inconsistent with
the provisions of this Act are hereby repealed or modified
accordingly.

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.

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.