REPUBLIC ACT NO. 8042
Migrant Workers and Oerseas !i"i#inos A$t o% &''( )as a*ended +, RA &0022An 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 for other purposes. Be it enacted by the Senate and House of Representatives of the hilippines in !ongress assembled" S#!. $. SH%R& &'&(#. ) &his act shall be known and cited as the *+igrant orkers and %verseas Filipinos Act of $--.* S#!. /. 0#!(ARA&'%1 %F %('!'#S))
(a) In the pursuit of an independent foreign policy and while considering national sovereignty, territorial integrity, national interest and the right to self-determination paramount paramount in its relations relations with with other states, states, the State shall, shall, at all all times, times, uphold the the dignity of its citizens whether in country or overseas, in general, and Filipino migrant workers, in particular, particular, continuously continuously monitor monitor international international conventions conventions,, adopt/e adopt/e signatory signatory to and ratify those that guarantee protection to our migrant workers, and endeavor to enter into ilateral agreements with countries hosting overseas Filipino workers! 2b3 &he State shall afford full protection to labor, local and overseas, organi4ed and unorgani4ed, and promote full employment and e5uality of employment opportunities for all. &owards this end, the State shall provide ade5uate and timely social, economic and legal services to Filipino migrant workers. 2c3 hile recogni4ing the significant contribution of Filipino migrant workers to the national economy through their foreign e6change remittances, the State does not promote overseas employment as a means to sustain economic growth and achieve national development. &he e6istence of the overseas employment program rests solely on the assurance that the dignity and fundamental human rights and freedoms of the Filipino citi4ens shall not, at any time, be compromised or violated. &he State, therefore, shall continuously create local employment opportunities and promote the e5uitable distribution of wealth and the benefits of development. 2d3 &he State affirms the fundamental e5uality before the law of women and men and the significant role of women in nation)building. Recogni4ing 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 "uasi-#udicial odies and ade"uate legal assistance shall not e denied to any person y reason of poverty! In this regard, it is imperative that an effective mechanism e instituted to ensure that the rights and interest of distressed overseas Filipinos, in general, and Filipino migrant workers, in particular, whether regular/documented or irregular/undocumented, are ade"uately protected and safeguarded!
2f3 &he right of Filipino migrant workers and all overseas Filipinos to participate in the democratic decision)making processes of the State and to be represented in institutions relevant to overseas employment is recogni4ed and guaranteed.
(g) $he State recognizes that the most effective tool for empowerment is the possession possession of skills skills y migrant migrant workers! workers! $he governme government nt shall provide provide them them free and accessile skills development and enhancement programs! %ursuant to this and as soon as practicale, practicale, the governme government nt shall deploy and/or and/or allow allow the deployment deployment only of skille skilled d Filipino workers! 2(h) $he State recognizes non-governmental organizations, trade unions, workers
associations, stakeholders and their similar entities duly recognized as legitimate, are partners partners of the State State in the the protection protection of Filipino Filipino migrant migrant workers workers and in the the promotion promotion of their welfare! $he State shall cooperate with them in a spirit of trust and mutual respect! $he significant contriution of recruitment and manning agencies shall from part this partnership! partnership! 2'3 7overnment fees and other administrative costs of recruitment, introduction, placement and assistance to migrant workers shall be rendered free without pre8udice to the provision of Section 9: hereof. 1onetheless, the deployment of Filipino overseas workers, whether land)based or sea) based by local service contractors and manning agencies employing them shall be encouraged. Appropriate incentives may be e6tended to them. S#!. 9. 0#F'1'&'%1S. ) For purposes of this Act"
(a) &'verseas Filipino worker& refers to a person who is to e engaged, is engaged or has een engaged in a remunerated activity in a state of which he or she is not a citizen or on oard a vessel navigating the foreign seas other than a government ship used for miliatry or non-commercial purposes or on an installation located offshore or on the high seas to e used interchangealy with migrant worker! 2b3 *7ender)sensitivity* shall mean cogni4ance of the ine5ualities and ine5uities prevalent in society between women and men and a commitment to address issues with concern for the respective interests of the se6es. 2c3 *%verseas Filipinos* refers to dependents of migrant workers and other Filipino nationals abroad who are in distress as mentioned in Sections /; and /: of this Act. '. 0#(%<+#1&
S*! +! Deployment Deployment of Migrant Migrant Workers Workers.. - $he State shall allow the deployment of overseas Filipino workers only in countries where the rights of Filipino migrant workers are protected! $he government recognizes any of the following as a guarantee on the part of the receiving country for the protection of the rights of overseas Filipino workers (a) It has eisting laor and social laws protecting the rights of workers, including migrant workers
() It is a signatory to and/or a ratifier of multilateral conventions, declarations or resolutions relating to the protection of workers, including migrant workers and (c) It has concluded a ilateral agreement or arrangement with the government on the protection of the rights of overseas Filipino .orkers Provided, $hat the receiving country is taking positive, concrete measures to protect the rights of migrant workers in furtherance of any of the guarantees under suparagraphs (a), () and (c) hereof! cralaw
In the asence of a clear showing that any of the aforementioned guarantees eists in the country of destination of the migrant workers, no permit for deployment shall e issued y the %hilippine 'verseas mployment dministration (%')! cralaw
$he memers of the %' 0overning 1oard who actually voted in favor of an order allowing the deployment of migrant workers without any of the aforementioned guarantees shall suffer the penalties of removal or dismissal from service with dis"ualification to hold any appointive pulic office for five (2) years, Further, the government official or employee responsile for the issuance of the permit or for allowing the deployment of migrant workers in violation of this section and in direct contravention of an order y the %' 0overning 1oard prohiiting deployment shall e meted the same penalties in this section! cralaw
For this purpose, the 3epartment of Foreign ffairs, through its foreign posts, shall issue a certification to the %', specifying therein the pertinent provisions of the receiving country4s laor/social law, or the convention/declaration/resolution, or the ilateral agreement/arrangement which protect the rights of migrant workers! cralaw
$he State shall also allow the deployment of overseas Filipino workers to vessels navigating the foreign seas or to installations located offshore or on high seas whose owners/employers are compliant with international laws and standards that protect the rights of migrant workers! cralaw
$he State shall likewise allow the deployment of overseas Filipino workers to companies and contractors with international operations %rovided, $hat they are compliant with standards, conditions and re"uirements, as emodied in the employment contracts prescried y the %' and in accordance with internationally-accepted standards! S*! 2! Termination or Ban on Deployment. - 5otwithstanding the provisions of Section + hereof, in pursuit of the national interest or when pulic welfare so re"uires, the %' 0overning 1oard, after consultation with the 3epartment of Foreign ffairs, may, at any time, terminate or impose a an on the deployment of migrant workers! ''. '((#7A( R#!R='&+#1&
S*! 6! Definition. - For purposes of this ct, illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers and includes referring, contract services, promising or advertising for employment aroad, whether for profit or not, when undertaken y non-licensee or non-holder of authority contemplated under rticle 78(f) of %residential 3ecree 5o! ++9, as amended, otherwise known as the :aor *ode of the %hilippines %rovided, $hat any such non-licensee or nonholder who, in any manner, offers or promises for a fee employment aroad to two or more persons shall e deemed so engaged! It shall likewise include the following acts, whether committed y any person, whether a non-licensee, non-holder, licensee or holder of authority (a) $o charge or accept directly or indirectly any amount greater than that specified in the schedule of allowale fees prescried y the Secretary of :aor and mployment, or to make a worker pay or acknowledge any amount greater than that actually received y him as a loan or advance () $o furnish or pulish any false notice or information or document in relation to recruitment or employment (c) $o 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 :aor *ode, or for the purpose of documenting hired workers with the %', which include the act of reprocessing workers through a #o order that pertains to noneistent work, work different from the actual overseas work, or work with a different employer whether registered or not with the %' (d) $o include or attempt to induce a worker already employed to "uit his employment in order to offer him another unless the transfer is designed to lierate a worker from oppressive terms and conditions of employment (e) $o influence or attempt to influence any person or entity not to employ any worker who has not applied for employment through his agency or who has formed, #oined or supported, or has contacted or is supported y any union or workers4 organization (f) $o engage in the recruitment or placement of workers in #os harmful to pulic health or morality or to the dignity of the ;epulic of the %hilippines (g) $o ostruct or attempt to ostruct inspection y the Secretary of :aor and mployment or y his duly authorized representative (h) $o fail to sumit reports on the status of employment, placement vacancies, remittance of foreign echange earnings, separation from #os, departures and such other matters or information as may e re"uired y the Secretary of :aor and mployment
(i) $o sustitute or alter to the pre#udice of the worker, employment contracts approved and verified y the 3epartment of :aor and mployment from the time of actual signing thereof y the parties up to and including the period of the epiration of the same without the approval of the 3epartment of :aor and mployment (#) For an officer or agent of a recruitment or placement agency to ecome an officer or memer of the 1oard of any corporation engaged in travel agency or to e engaged directly or indirectly in the management of travel agency (k) $o withhold or deny travel documents from applicant workers efore departure for monetary or financial considerations, or for any other reasons, other than those authorized under the :aor *ode and its implementing rules and regulations (l) Failure to actually deploy a contracted worker without valid reason as determined y the 3epartment of :aor and mployment (m) Failure to reimurse epenses incurred y the worker in connection with his documentation and processing for purposes of deployment, in cases where the deployment does not actually take place without the worker4s fault! Illegal recruitment when committed y a syndicate or in large scale shall e considered an offense involving economic saotage and (n) $o allow a non-Filipino citizen to head or manage a licensed recruitment/manning agency! Illegal recruitment is deemed committed y a syndicate if carried out y a group of three (8) or more persons conspiring or confederating with one another! It is deemed committed in large scale if committed against three (8) or more persons individually or as a group! cralaw
In addition to the acts enumerated aove, it shall also e unlawful for any person or entity to commit the following prohiited acts (7) 0rant a loan to an overseas Filipino worker with interest eceeding eight percent (<=) per annum, which will e used for payment of legal and allowale placement fees and make the migrant worker issue, either personally or through a guarantor or accommodation party, postdated checks in relation to the said loan (9) Impose a compulsory and eclusive arrangement wherey an overseas Filipino worker is re"uired to avail of a loan only from specifically designated institutions, entities or persons (8) ;efuse to condone or renegotiate a loan incurred y an overseas Filipino worker after the latter4s employment contract has een prematurely terminated through no fault of his or her own
(+) Impose a compulsory and eclusive arrangement wherey an overseas Filipino worker is re"uired to undergo health eaminations only from specifically designated medical clinics, institutions, entities or persons, ecept in the case of a seafarer whose medical eamination cost is shouldered y the principal/shipowner (2) Impose a compulsory and eclusive arrangement wherey an overseas Filipino worker is re"uired to undergo training, seminar, instruction or schooling of any kind only from specifically designated institutions, entities or persons, ecept for recommendatory trainings mandated y principals/shipowners where the latter shoulder the cost of such trainings (6) For a suspended recruitment/manning agency to engage in any kind of recruitment activity including the processing of pending workers4 applications and (>) For a recruitment/manning agency or a foreign principal/employer to pass on the overseas Filipino worker or deduct from his or her salary the payment of the cost of insurance fees, premium or other insurance related charges, as provided under the compulsory worker4s insurance coverage! $he persons criminally liale for the aove offenses are the principals, accomplices and accessories! In case of #uridical persons, the officers having ownership, control, management or direction of their usiness who are responsile for the commission of the offense and the responsile employees/agents thereof shall e liale! cralaw
In the filing of cases for illegal recruitment or any of the prohiited acts under this section, the Secretary of :aor and mployment, the %' dministrator or their duly authorized representatives, or any aggrieved person may initiate the corresponding criminal action with the appropriate office! For this purpose, the affidavits and testimonies of operatives or personnel from the 3epartment of :aor and mployment, %' and other law enforcement agencies who witnessed the acts constituting the offense shall e sufficient to prosecute the accused! cralaw
In the prosecution of offenses punishale under this section, the pulic prosecutors of the 3epartment of ?ustice shall collaorate with the anti-illegal recruitment ranch of the %' and, in certain cases, allow the %' lawyers to take the lead in the prosecution! $he %' lawyers who act as prosecutors in such cases shall e entitled to receive additional allowances as may e determined y the %' dministrator! cralaw
$he filing of an offense punishale under this ct shall e without pre#udice to the filing of cases punishale under other eisting laws, rules or regulations!
S*! >! Penalties. -
(a) ny person found guilty of illegal recruitment shall suffer the penalty of imprisonment of not less than twelve (79) years and one (7) day ut not more than twenty (9@) years and a fine of not less than 'ne million pesos (%7,@@@,@@@!@@) nor more than $wo million pesos (%9,@@@,@@@!@@)! cralaw
() $he penalty of life imprisonment and a fine of not less than $wo million pesos (%9,@@@,@@@!@@) nor more than Five million pesos (%2,@@@,@@@!@@) shall e imposed if illegal recruitment constitutes economic saotage as defined therein! cralaw
%rovided, however, $hat the maimum penalty shall e imposed if the person illegally recruited is less than eighteen (7<) years of age or committed y a nonlicensee or non-holder of authority! cralaw
(c) ny person found guilty of any of the prohiited acts shall suffer the penalty of imprisonment of not less than si (6) years and one (7) day ut not more than twelve (79) years and a fine of not less than Five hundred thousand pesos (%2@@,@@@!@@) nor more than 'ne million pesos (%7,@@@,@@@!@@)! If the offender is an alien, he or she shall, in addition to the penalties herein prescried, e deported without further proceedings! cralaw
In every case, conviction shall cause and carry the automatic revocation of the license or registration of the recruitment/manning agency, lending institutions, training school or medical clinic! S#!. >. R%H'B'&'%1 %1 %FF'!'A(S A10 #+(%<##S. ) %t shall be unlawful for any official or employee of the 0epartment of (abor and #mployment, the hilippine %verseas #mployment Administration, or the %verseas orkers elfare Administration, or the 0epartment of Foreign Affairs, or other government agencies involved in the implementation of this Act, or their relatives within the fourth civil degree of consanguinity or affinity, to engage, directly or indirectly, in the business of recruiting migrant workers as defined in this Act. &he penalties shall be imposed upon them. S#!. -. ?#1=#. ) A criminal action arising from illegal recruitment as defined herein shall be filed with the Regional &rial !ourt of the province or city where the offense was committed or where the offended party actually resides at the same time of the commission of the offense" rovided, &hat the court where the criminal action is first filed shall ac5uire 8urisdiction to the e6clusion of other courts. rovided, however, &hat 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.
S*! 7@! Money Claims. - 5otwithstanding any provision of law to the contrary, the :aor riters of the 5ational :aor ;elations *ommission (5:;*) shall have the original and eclusive #urisdiction to hear and decide, within ninety (A@) calendar days after the filing of the complaint, the claims arising out of an employer-employee relationship or y virtue of any law or contract involving Filipino workers for overseas deployment including claims for actual, moral, eemplary and other forms of damage! *onsistent with this mandate, the 5:;* shall endeavor to update and keep areast with the developments in the gloal services industry! cralaw
$he liaility of the principal/employer and the recruitment/placement agency for any and all claims under this section shall e #oint and several! $his provision shall e incorporated in the contract for overseas employment and shall e a condition precedent for its approval! $he performance ond to de filed y the recruitment/placement agency, as provided y law, shall e answerale for all money claims or damages that may e awarded to the workers! If the recruitment/placement agency is a #uridical eing, the corporate officers and directors and partners as the case may e, shall themselves e #ointly and solidarily liale with the corporation or partnership for the aforesaid claims and damages! cralaw
Such liailities shall continue during the entire period or duration of the employment contract and shall not e affected y any sustitution, amendment or modification made locally or in a foreign country of the said contract! cralaw
ny compromise/amicale settlement or voluntary agreement on money claims inclusive of damages under this section shall e paid within thirty (8@) days from approval of the settlement y the appropriate authority! cralaw
In case of termination of overseas employment without #ust, valid or authorized cause as defined y law or contract, or any unauthorized deductions from the migrant worker4s salary, the worker shall e entitled to the full reimursement if his placement fee and the deductions made with interest at twelve percent (79=) per annum, plus his salaries for the unepired portion of his employment contract or for three (8) months for every year of the unepired term, whichever is less! cralaw
In case of a final and eecutory #udgment against a foreign employer/principal, it shall e automatically dis"ualified, without further proceedings, from participating in the %hilippine 'verseas mployment %rogram and from recruiting and hiring Filipino workers until and unless it fully satisfies the #udgment award! cralaw
5oncompliance with the mandatory periods for resolutions of case provided under this section shall su#ect the responsile officials to any or all of the following penalties (a) $he salary of any such official who fails to render his decision or resolution within the prescried period shall e, or caused to e, withheld until the said official complies therewith () Suspension for not more than ninety (A@) days or (c) 3ismissal from the service with dis"ualification to hold any appointive pulic office for five (2) years! Provided, however, $hat the penalties herein provided shall e without pre#udice to any liaility which any such official may have incured under other eisting laws or rules and regulations as a conse"uence of violating the provisions of this paragraph! S#!. $$. +A1A0A&%R< #R'%0S F%R R#S%(=&'%1 %F '((#7A( R#!R='&+#1& !AS#S. ) &he preliminary investigations of cases under this Act shall be terminated within a period of thirty
29@3 calendar days from the date of their filing. here the preliminary investigation is conducted by a prosecution officer and a prima facie case is established, the corresponding information shall be filed in court within twenty)four 2/;3 hours from the termination of the investigation. 'f the preliminary investigation is conducted by a 8udge and a prima facie case is found to e6ist, prosecution officer within forty)eight 2;>3 hours from the date of receipt of the records of the case. S#!. $/. R#S!R'&'?# #R'%0S. ) 'llegal recruitment cases under this Act shall prescribe in five 23 years" rovided, however, &hat illegal recruitment cases involving economic sabotage as defined herein shall prescribe in twenty 2/@3 years.
S*! 78! Free Legal ssistan!e" Preferential #ntitlement $nder the Witness Prote!tion Program. - mechanism for free legal assistance for victims of illegal recruitment shall e estalished in the anti-illegal recruitment ranch of the %' including its regional offices! Such mechanism shall include coordination and cooperation with the 3epartment of ?ustice, the Integrated 1ar of the %hilippines, and other nongovernmental organizations and volunteer groups! &he provisions of Republic Act 1o. :->$ to the contrary, notwithstanding, any person who is a victim of illegal recruitment shall be entitled to the itness rotection rogram provided thereunder. '''. S#R?'!#S S#!. $;. &RA?#( A0?'S%R<'1F%R+A&'%1 0'SS#+'1A&'%1. ) &o give utmost priority to the establishment of programs and services to prevent illegal recruitment, fraud, and e6ploitation or abuse of Filipino migrant workers, all embassies and consular offices, through the hilippine %verseas #mployment Administration 2%#A3, 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 workersC rights which will ade5uately 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 293 times in every 5uarter. S#!. $. R#A&R'A&'%1 %F %RD#RS #+#R7#1!< R#A&R'A&'%1 F=10. ) &he repatriation of the worker and the transport of his personal belongings shall be the primary responsibility of the agency which recruited or deployed the worker overseas. All costs attendant to repatriation shall be borne by or charged to the agency concerned andor its principal. (ikewise, the repatriation of remains and transport of the personal belongings of a deceased worker and all costs attendant thereto shall be borne by the principal andor local agency. However, in cases where the termination of employment is due solely to the fault of the worker, the principalemployer or agency shall not in any manner be responsible for the repatriation of the former andor his belongings. &he %verseas orkers elfare Administration 2%A3, in coordination ith appropriate international agencies, shall undertake the repatriation of workers in cases of war, epidemic, disasters or calamities, natural or man)made, and other similar events without pre8udice to reimbursement by the responsible principal or agency. However, in cases where the principal or recruitment agency cannot be identified, all costs attendant to repatriation shall be borne by the %A.
For this purposes, there is hereby created and established an emergency repatriation fund under the administration control and supervision of the %A, initially to consist of one hundred million pesos 2$@@,@@@,@@@.@@3, inclusive of outstanding balances.
S*! 76! Mandatory %epatriation of $nderage Migrant Workers. - Bpon discovery or eing informed of the presence of migrant workers whose ages fall elow the minimum age re"uirement for overseas deployment, the responsile officers in the foreign service shall without delay repatriate said workers and advise the 3epartment of Foreign ffairs through the fastest means of communication availale of such discovery and other relevant information! $he license of a recruitment/manning agency which recruited or deployed an underage migrant worker shall e automatically revoked and shall e imposed a fine of not less than Five hundred thousand pesos (%hp 2@@,@@@!@@) ut not more than 'ne million pesos (%hp 7,@@@,@@@!@@)! ll fees pertinent to the processing of papers or documents in the recruitment or deployment shall e refunded in full y the responsile recruitment/manning agency, without need of notice, to the underage migrant worker or to his parents or guardian! $he refund shall e independent of and in addition to the indemnification for the damages sustained y the underage migrant worker! $he refund shall e paid within thirty (8@) days from the date of the mandatory repatriation as provided for in this ct! S*! 7>! #sta&lishment of 'ational %eintegration Center for (verseas Filipino Workers. - national reintegration center for overseas Filipino workers (5;*') is herey created in the 3epartment of :aor and mployment for returning Filipino migrant workers which shall provide a mechanism for their reintegration into the %hilippine society, serve as a promotion house for their local employment, and tap their skills and potentials for national development! cralaw
$he 3epartment of :aor and mployment, the 'verseas .orkers .elfare dministration ('..), and the %hilippine 'verseas mployment dministration (%') shall, within ninety (A@) days from the effectivity of this ct, formulate a program that would motivate migrant workers to plan for productive options such as entry into highly technical #os or undertakings, livelihood and entrepreneurial development, etter wage employment, and investment of savings! cralaw
For this purpose, the $echnical ducation and Skills 3evelopment uthority ($S3), the $echnology :ivelihood ;esource *enter ($:;*), and other government agencies involved in training and livelihood development shall give priority to returnees who had een employed as domestic helpers and entertainers! S*! 7
() *oordinate with appropriate stakeholders, service providers and relevant international organizations for the promotion, development and the full utilization of overseas Filipino worker returnees and their potentials (c) Institute, in cooperation with other government agencies concerned, a computer ased information system on returning Filipino migrant workers shall e accessile to all local recruitment agencies and employers, oth pulic and private (d) %roved a periodic study and assessment of #o opportunities for returning Filipino migrant workers (e) 3evelop and implement other appropriate programs to promote the welfare of returning Filipino migrant workers (f) Caintain an internet-ased communication system for on-line registration and interaction with clients, and maintain and upgrade computer-ased service capailities of the 5;*' (g) 3evelop capacity-uilding programs for returning overseas Filipino workers and their families, implementers, service providers, and stakeholders and (h) *onduct research for policy recommendations and program development!
S#!. $-. #S&AB('SH+#1& %F A +'7RA1& %RD#RS A10 %&H#R %?#RS#AS F'(''1%S R#S%=R!# !#1&#R. ) ithin the premises and under the administrative 8urisdiction of the hilippine #mbassy in countries where there are large concentrations of Filipino migrant workers, there shall be establish a +igrant orkers and %ther %verseas Filipinos Resource !enter with the following services" 2a3 !ounseling and legal services 2b3 elfare assistance including the procurement of medical and hospitali4ation services 2c3 'nformation, advisory and programs to promote social integration such as post)arrival orientation, settlement and community networking services for social integration 2d3 'nstitute a scheme of registration of undocumented workers to bring them within the purview of this Act. For this purpose, the !enter is en8oined to compel e6isting undocumented workers to register with it within si6 2:3 months from the effectivity of this Act, under pain of having hisher passport cancelled 2e3 Human resource development, such as training and skills upgrading 2f3 7ender sensitive programs and activities to assist particular needs of women migrant workers 2g3 %rientation program for returning workers and other migrants and
2h3 +onitoring of daily situations, circumstances and activities affecting migrant workers and other overseas Filipinos.
$he estalishment and operations of the *enter shall e a #oint undertaking of the various government agencies! $he *enter shall e open for twenty-four (9+) hours daily including Saturdays, Sundays and holidays, and shall e staffed y Foreign Service personnel, service attaches or officers who represent other %hilippine government agencies aroad and, if availale, individual volunteers and &ona fide non-government organizations from the host countries! In countries categorized as highly prolematic y the 3epartment of Foreign ffairs and the 3epartment of :aor and mployment and where there is a concentration of Filipino migrant workers, the government must provide a *haria or human rights lawyer, a psychologist and a social worker for the *enter! In addition to these personnel, the government must also hire within the receiving country, in such numer as may e needed y the post, pulic relation officers or case officers who are conversant, orally and in writing, with the local language, laws, customs and practices! $he :aor ttache shall coordinate the operation of the *enter and shall keep the *hief of Cission informed and updated on all matters affecting it! &he !enter shall have a counterpart /;)hour information and assistance center at the 0epartment of Foreign Affairs to ensure a continuous network and coordinative mechanism at the home office.
S*! 9@! #sta&lishment of a *hared +overnment nformation *ystem for Migration. - n interagency committee composed of the 3epartment of Foreign ffairs and its attached agency, the *ommission on Filipinos 'verseas, the 3epartment of :aor and mployment and its attached concerned agencies, the 3epartment of $ourism, the 3epartment of ?ustice the 1ureau of Immigration, the 5ational 1ureau of Investigation, the 3epartment of the Interior and :ocal 0overnment, the 5ational $elecommunications *ommission, the *ommission on Information and *ommunications $echnology, the 5ational *omputer *enter, the 5ational Statistical and *oordination 1oard, the 5ational Statistics 'ffice and other government agencies concerned with overseas employment shall e estalished to implement a shared government information system for migration! $he interagency committee shall initially make availale to itself the information contained in eisting data ases/files! $he second phase shall involve linkaging of computer facilities on order to allow free-flow data echanges and sharing among concerned agencies! cralaw
$he inter-agency committee shall e co-chaired y the 3epartment of Foreign ffairs and the 3epartment of :aor and mployment! $he 5ational *omputer *enter shall provide the necessary technical assistance and shall set the appropriate information and communications technology standards to facilitate the sharing of information among the memer agencies! cralaw
$he inter-agency committee shall meet regularly to ensure the immediate and full implementation of this section and shall eplore the possiility setting up a central storage facility for the data on migration! $he progress of the implementation of this section shall e include in the report to *ongress of the 3epartment of Foreign ffairs and the 3epartment of :aor and mployment under Section 88! cralaw
$he inter-agency committee shall convene to identify eisting data ases which shall e declassified and shared among memer agencies! $hese shared data ases shall initially include, ut not e limited to, the following information (a) Casterlists of Filipino migrant workers/overseas Filipino classified according to occupation/#o category, civil status, y country/state of destination including visa classification () Inventory of pending legal cases involving Filipino migrant workers and other Filipino nationals, including those serving prison terms (c) Casterlists of departing/arriving Filipinos (d) Statistical profile on Filipino migrant workers/overseas Filipinos/tourists (e) 1lacklisted foreigners/undesirale aliens (f) 1asic data on legal systems, immigration policies, marriage laws and civil and criminal codes in receiving countries particularly those with large numers of Filipinos (g) :ist of :aor and other human rights instruments where receiving countries are signatories (h) tracking system of past and present gender disaggregated cases involving male and female migrant workers, including minors and (i) :isting of overseas posts which may render assistance to overseas Filipinos, in general, and migrant workers, in particular!
S#!. /$. +'7RA1& %RD#RS (%A1 7=ARA1&## F=10. ) 'n order to further prevent unscrupulous illegal recruiters from taking advantage of workers seeking employment abroad, the %A, in coordination with government financial institutions, shall institute financing schemes that will e6pand the grant of pre)departure loan and family assistance loan. For this purpose, a +igrant orkers (oan 7uarantee Fund is hereby created and the revolving amount of one hundred million pesos 2$@@,@@@,@@@.@@3 from the %A is set aside as a guarantee fund in favor of participating government financial institutions. S#!. //. R'7H&S A10 #1F%R!#+#1& +#!HA1'S+ =10#R '1&#R1A&'%1A( A10 R#7'%1A( H=+A1 R'7H&S S
complaints. 'f a complaints machinery is available under international or regional systems, the 0epartment of Foreign Affairs shall fully apprise the Filipino migrant workers of the e6istence and effectiveness of such legal options. '?. 7%?#R1+#1& A7#1!'#S S#!. /9. R%(# %F 7%?#R1+#1& A7#1!'#S. ) &he following government agencies shall perform the following to promote the welfare and protect the rights of migrant workers and, as far as applicable, all overseas Filipinos" 2a3 0epartment of Foreign Affairs. ) &he 0epartment, through its home office or foreign posts, shall take priority action its home office or foreign posts, shall take priority action or make representation with the foreign authority concerned to protect the rights of migrant workers and other overseas Filipinos and e6tend immediate assistance including the repatriation of distressed or beleaguered migrant workers and other overseas Filipinos 2b3 0epartment of (abor and #mployment ) &he 0epartment of (abor and #mployment shall see to it that labor and social welfare laws in the foreign countries are fairly applied to migrant workers and whenever applicable, to other overseas Filipinos including the grant of legal assistance and the referral to proper medical centers or hospitals"
(!7) %hilippine 'verseas mployment dministration! - $he dministration shall regulate private sector participation in the recruitment and overseas placement of workers y setting up a licensing and registration system! It shall also formulate and implement, in coordination with appropriate entities concerned, when necessary, a system for promoting and monitoring the overseas employment of Filipino workers taking into consideration their welfare and the domestic manpower re"uirements! It shall e responsile for the regulation and management of overseas employment from the pre-employment stage, securing the est possile employment terms and conditions for overseas Filipino workers, and taking into consideration the needs of vulnerale sectors and the peculiarities of sea ased and land-ased workers! In appropriate cases, the dministration shall allow the lifting of suspension of erring recruitment/manning agencies upon the payment of fine of Fifty thousand pesos (%2@,@@@!@@) for every month of suspension! cralaw
In addition to its powers and functions, the dministration shall inform migrant workers not only of their rights as workers ut also of their rights as human eings, instruct and guide the workers how to assert their rights and provide the availale mechanism to redress violation of their rights! It shall also e responsile for the implementation, in partnership with other law-enforcement agencies, of an intensified program against illegal recruitment activities! For this purpose, the %' shall provide comprehensive %re-mployment 'rientation Seminars (%'S) that will discuss topics such as prevention of illegal recruitment and gender-sensitivity! cralaw
$he dministration shall not engage in the recruitment and placement of overseas workers ecept on a government-to-government arrangement only! cralaw
In the recruitment and placement of workers to service the re"uirements for trained and competent Filipino workers of foreign governments and their instrumentalitys, and such other employers as pulic interests may re"uire, the dministration shall deploy only to
countries where the %hilippine has conclude ilateral laor agreements or arrangements Provided, $hat such countries shall guarantee to protect the rights of Filipino migrant workers and Provided, f)rther, $hat such countries shall oserve and/or comply with the international laws and standards for migrant workers! (!9) 'verseas .orkers .elfare dministration! - $he .elfare officer of in his asence, the coordinating officer shall provide the Filipino migrant worker and his family all the assistance they may need in the enforcement of contractual oligations y agencies or entities and/or y their principals! In the performance of this function, he shall make representation and may call on the agencies or entities concerned to conferences or conciliation meetings for the purpose of settling the compliance or prolems rought to his attention! $he '.. shall likewise formulate and implement welfare programs for overseas Filipino workers and their families while they are aroad and upon their return! It shall ensure the awareness y the overseas Filipino workers and their families of these programs and other related governmental programs! cralaw
In the repatriation of workers to e undertaken y '.., the latter shall e authorized to pay repatriation-related epenses, such as fines or penalties, su#ect to such guidelines as the '.. 1oard of $rustees may prescrie! (c) 3epartment of Dealth! - $he 3epartment of Dealth (3'D) shall regulate the activities and operations of all clinics which conduct medical, physical, optical, dental, psychological and other similar eaminations, hereinafter referred to as health eaminations, on Filipino migrant workers as re"uirement for their overseas employment! %ursuant to this, the 3'D shall ensure that (c!7) $he fees for the health eaminations are regulated, regularly monitored and duly pulished to ensure that the said fees are reasonale and not eoritant (c!9) $he Filipino migrant worker shall only e re"uired to undergo health eaminations when there is reasonale certainty that he or she will e hired and deployed to the #osite and only those health eaminations which are asolutely necessary for the type of #o applied for or those specifically re"uired y the foreign employer shall e conducted (c!8) 5o group or groups of medical clinics shall have a monopoly of eclusively conducting health eaminations on migrant workers for certain receiving countries (c!+) very Filipino migrant worker shall have the freedom to choose any of the 3'D-accredited or 3'D-operated clinics that will conduct his/her health eaminations and that his or her rights as a patient are respected! $he decking practice, which re"uires an overseas Filipino worker to go first to an office for registration and then farmed out to a medical clinic located elsewhere, shall not e allowed
(c!2) .ithin a period of three (8) years from the effectivity of this ct, all 3'D regional and/or provincial hospitals shall estalish and operate clinics that can e serve the health eamination re"uirements of Filipino migrant workers to provide them easy access to such clinics all over the country and lessen their transportation and lodging epenses and (c!6) ll 3'D-accredited medical clinics, including the 3'D-operated clinics, conducting health eaminations for Filipino migrant workers shall oserve the same standard operating procedures and shall comply with internationally-accepted standards in their operations to conform with the re"uirements of receiving countries or of foreign employers/principals! ny Foreign employer who does not honor the results of valid health eaminations conducted y a 3'D-accredited or 3'D-operated clinic shall e temporarily dis"ualified from the participating in the overseas employment program, pursuant to %' rules and regulations! cralaw
In case an overseas Filipino worker is found to e not medically fit upon his/her immediate arrival in the country of destination, the medical clinic that conducted the health eamination/s of such overseas Filipino worker shall pay for his or her repatriation ack to the %hilippines and the cost of deployment of such worker! cralaw
ny government official or employee who violates any provision of this susection shall e removed or dismissed from service with dis"ualification to hold any appointive pulic office for five(2) years! Such penalty is without pre#udice to any other liaility which he or she may have incurred under eisting laws, rules or regulations! cralaw
(d) :ocal 0overnment Bnits! - In the fight against illegal recruitment, the local government units (:0Bs), in partnership with the %', other concerned government agencies , and non-government organizations advocating the rights and welfare of overseas Filipino workers, shall take a proactive stance y eing primarily responsile for the dissemination of information to their constituents on all aspects of overseas employment! $o carry out this task, the following shall e undertaken y the :0Bs (d!7) %rovide a venue for the %', other concerned government agencies and non-government organizations to conduct %'S to their constituents on a regular asis (d!9) stalish overseas Filipino worker help desk or kiosk in their localities with the o#ective of providing current information to their constituents on all the processes aspects of overseas employment! Such desk or kiosk shall, as e linked to the dataase of all concerned government agencies, particularly the %' for its updated lists of overseas #o orders and licensed recruitment agencies in good standing!&
?. &H# (#7A( ASS'S&A1& F%R +'7RA1& %RD#RS AFFA'RS S#!. /;. (#7A( ASS'S&A1& F%R +'7RA1& %RD#RS AFFA'RS. ) &here is hereby created the position of (egal Assistant for +igrant orkers Affairs under the 0epartment of Foreign Affairs who shall be primarily responsible for the provision and overall coordination of all legal assistance services to be provided to Filipino migrant workers as well as overseas Filipinos in distress. He shall have the rank, salary and privileges e5ual to that of an undersecretary of said 0epartment. &he said (egal Assistant for +igrant orkers Affairs shall be appointed by the resident and must be of proven competence in the field of law with at least ten 2$@3 years of e6perience 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 (egal Assistant are" 2a3 &o issue the guidelines, procedures and criteria for the provisions of legal assistance services to Filipino migrant workers 2b3 &o establish close linkages with the 0epartment of (abor and #mployment, the %#A, the %A and other government agencies concerned, as well as with non)governmental organi4ations assisting migrant workers, to ensure effective coordination and cooperation in the provision of legal assistance to migrant workers
( c ) $o tap the assistance of reputale law firms, the Integrated 1ar of the %hilippines, other ar associations and other government legal eperts on overseas Filipino worker laws to complement the government4s efforts to provide legal assistance to our migrant workers 2d3 &o administer the legal assistance fund for migrant workers established under Section / hereof and to authori4e disbursements there from in accordance with the purposes for which the fund was set up and 2e3 &o keep and maintain the information system as provided in Section /@. &he legal Assistant for +igrant orkers Affairs shall have authority to hire private lawyers, domestic or foreign, in order to assist him in the effective discharge of the above functions.
S*! 92! Legal ssistan!e F)nd. - $here is hery estalished a legal assistance fund for migrant workers, hereinafter referred to as the :egal ssistance Fund, in the amount of one hundred million pesos (%7@@,@@@,@@@!@@) to e constituted from the following sources! Fifty million pesos (2@,@@@,@@@!@@) from the *ontingency Fund of the %resident $hirty million pesos (8@,@@@,@@@!@@) from the *ontingency Fund of the %resident Social Fund
$wenty million pesos (9@,@@@,@@@!@@) from the .elfare Fund for 'verseas .orkers estalished under :etter of Instructions 5o! 28> as amended y %residential 3ecree 5os! 76A+ and 7<@A and n amount appropriated in the annual 0eneral ppropriations ct (0) which shall not e less than $hirty million pesos (8@,@@@,@@@!@@) per year %rovided, that the alance of the :egal ssistance Fund (:F) including the amount appropriated for the year shall not e less than 'ne hundred million pesos (%7@@,@@@,@@@!@@) %rovided, further, $hat the fund shall e treated as a special fund in the 5ational $reasury and its alance, including the amount appropriated in the 0, which shall form part of the Fund, shall not revert to the 0eneral Fund! cralaw
ny alances of eisting funds which have een set aside y the government specifically as legal assistance or defense fund to help migrant workers shall upon effectivity of this ct, e turned over to, and form part of, the Fund created under this ct!
S*! 96! $ses of the Legal ssistan!e F)nd. - $he :egal ssistance Fund created under the preceding section shall e used eclusively6 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 9+ ( a ) herof! $he ependitures to e charged against the Fund shall include the fees for the foreign lawyers to e hired y the :egal ssistant for Cigrant .orkers ffairs to represent migrant workers facing charges or in filing cases against erring or ausive employers aroad, ail onds to secure the temporary releases and other litigation epenses Provided, $hat at the end of every year, the 3epartment of Foreign ffairs shall include in its report to *ongress, as provided for under Section 88 of this ct, the status of the :egal ssistance Fund, including the ependitures from the said fund duly audited y the *ommission on udit (*') Provided, f)rther, $hat the hiring of foreign legal counsels, when circumstances warrant urgent action, shall e eempt from the coverage of ;epulic ct 5o! A7<+ or the 0overnment %rocurement ct! ?'. !%=1&R< ) &#A+ AR%A!H S#!. /E. R'%R'&< !%1!#R1S %F H'(''1# F%R#'71 S#R?'!# %S&S. ) &he country team approach, as enunciated under #6ecutive %rder 1o. E;, series of $--9, shall be the mode under which hilippine embassies or their personnel will operate in the protection of the Filipino migrant workers as well as in the promotion of their welfare. &he protection of the Filipino migrant workers and the promotion of their welfare, in particular, and the protection of the dignity and fundamental rights and freedoms of the Filipino citi4en abroad, in general, shall be the highest priority concerns of the Secretary of Foreign Affairs and the hilippine Foreign Service osts. S#!. />. !%=1&R<)&#A+ AR%A!H. ) =nder the country)team approach, all officers, representatives and personnel of the hilippine 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. 'n this regard, the ambassador may recommend to the Secretary of the 0epartment of Foreign Affairs the recall of officers, representatives and personnel of the
hilippine 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. =pon receipt of the recommendation of the ambassador, the Secretary of the 0epartment 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. ending investigation by an appropriate body in the hilippines, the person recommended for recall may be placed under preventive suspension by the ambassador. 'n host countries where there are hilippine consulates, such consulates shall also constitute part of the country)team under the leadership of the ambassador. 'n the implementation of the country)team approach, visiting hilippine delegations shall be provided full support and information. ?''. 0#R#7=(A&'%1 A10 HAS#)%=& S#!. /-. !%+R#H#1S'?# 0#R#7=(A&'%1 (A1 %1 R#!R='&+#1& A!&'?'&'#S. ) ursuant to a progressive policy of deregulation whereby the migration of workers becomes strictly a matter between the worker and his foreign employer, the 0%(# within one 2$3 year from the effectivity of this Act, is hereby mandated to formulate a five)year comprehensive deregulation plan on recruitment activities taking into account labor market trends, economic conditions of the country and emergency circumstances which may affect the welfare of migrant workers. S#!. 9@. 7RA0=A( HAS#)%=& %F R#7=(A&%R< F=1!&'%1S. ) ithin a period of five 23 years from the effectivity of this Act, the 0%(# shall phase out the regulatory functions of the %#A pursuant to the ob8ectives of deregulation. ?''. R%F#SS'%1A( A10 %&H#R H'7H(<)SD'((#0 F'(''1%S ABR%A0 S#!. 9$. '1!#1&'?#S &% R%F#SS'%1A(S A10 %&H#R H'7H(<)SD'((#0 F'(''1%S ABR%A0. ) ursuant to the ob8ective of encouraging professionals and other highly)skilled Filipinos abroad especially in the field of science and technology to participate in, and contribute to national development, the government shall provide proper and ade5uate incentives and programs so as to secure their services in priority development areas of the public and private sectors. '. +'S!#((A1#%=S R%?'S'%1S
S*! 89! P(#, (WW and other Boards" dditional Mem&erships. 5otwithstanding any provision of law to the contrary, the respective 1oards of the %' and the '.. shall, in addition to their present composition, have three (8) memers each who shall come from the women, sea-ased and land-ased sectors respectively, to e selected and nominated openly y the general memership of the sector eing represented! cralaw
$he selection and nomination of the additional memers from the women, sea-ased and land-ased sectors shall e governed y the following guidelines (a) $he %' and the '.. shall launch a massive information campaign on the selection of nominees and provide for a system of consultative sessions for the certified leaders or representatives of the concerned sectors, at least three (8) times,
within ninety (A@) days efore the oards shall e convened, for purposes of selection! $he process shall e open, democratic and transparent () 'nly non-government organizations that protect and promote the rights and welfare of overseas Filipino workers, duly registered with the appropriate %hilippine government agency and in good standing as such, and in eistence for at least three (8) years prior to the nomination shall e "ualified to nominate a representative for each sector to the 1oard (c) $he nominee must e at least twenty-five (92) years of age, ale to read and write, and a migrant worker at the time of his or her nomination or was a migrant worker with at least three (8) years eperience as such and (d) final list of all the nominees selected y the '../%' governing oards, which shall consist of three(8) names for each sector to e represented, shall e sumitted to the %resident and pulished in a newspaper of general circulation .ithin thirty (8@) days from the sumission of the list, the %resident shall select and appoint from the list, the representatives to the %'/'.. governing oards! cralaw
$he additional memers shall have a term of three (8) years and shall e eligile for reappointment for another three (8) years! In case of vacancy, the %resident shall in accordance with the provisions of this ct, appoint a replacement who shall serve the unepired term of his or her predecessor! cralaw
ny eecutive issuances or orders issued that contravene the provisions of this section shall have no force and effect! cralaw
ll other government agencies and government-owned or controlled corporations which re"uire at least one (7) representative from the overseas workers sector to their respective oards shall follow all the applicale provisions of this section! S*! 88! %eport to Congress. - In order to inform the %hilippine *ongress on the implementation of the policy enunciated in Section + hereof, the 3epartment of Foreign ffairs and the 3epartment of :aor and mployment shall sumit separately to the said ody a semi-annual report of %hilippine foreign posts located in countries hosting Filipino migrant workers! $he mid-year report covering the period ?anuary to ?une shall e sumitted not later than 'ctoer 87 of the same year while the year-end report covering the period ?uly to 3ecemer shall e sumitted not later than Cay 87 of the following year! $he report shall include, ut shall not limited to, the following information 2a3 +asterlist of Filipino migrant workers, and inventory of pending cases involving them and other Filipino nationals including those serving prison terms 2b3 orking conditions of Filipino migrant workers
2c3 roblems encountered by the migrant workers, specifically violations of their rights 2d3 'nitiativeactions taken by the hilippine foreign posts to address the problems of Filipino migrant workers 2e3 !hanges in the laws and policies of host countries and 2f3 Status of negotiations on bilateral labor agreements between the hilippines and the host country.
ny officer of the government who fails to sumit the report as stated in this section shall e su#ect to an administrative penalty of dismissal from the service with dis"ualification to hold any appointive pulic office for five (2) years! S#!. 9;. R#R#S#1&A&'%1 '1 !%17R#SS. ) ursuant to Section 92/3, Article ?' of the !onstitution and in line with the ob8ective of empowering overseas Filipinos to participate in the policy)making process to address Filipino migrant concerns, two 2/3 sectoral representatives for migrant workers in the House of Representatives shall be appointed by the resident from the ranks of migrant workers" rovided, that at least one 2$3 of the two 2/3 sectoral representatives shall come from the women migrant workers sector" rovided, further, that all nominees must have at least two 2/3 years e6perience as a migrant worker.
S*! 82! #-emption from Travel Ta- Do!)mentary *tamp and irport Fee. - ll laws to the contrary notwithstanding, the migrant workers shall e eempt from the payment of travel ta and airport-fee upon proper showing of proof entitlement y the %'! cralaw
$he remittances of all overseas Filipino workers, upon showing of the same proof of entitlement y the overseas Filipino worker4s eneficiary or recipient, shall e eempt from the payment of documentary stamp ta! S#!. 9:. 1%1)'1!R#AS# %F F##S AB%('&'%1 %F R#A&R'A&'%1 B%10. ) =pon approval of this Act, all fees being charged by any government office on migrant workers shall remain at their present levels and the repatriation bond shall be established. S#!. 9E. &H# !%17R#SS'%1A( +'7RA1& %RD#RS S!H%(ARSH' F=10. ) &here is hereby created a !ongressional +igrant orkers Scholarship Fund which shall benefit deserving migrant workers andor their immediate descendants below twenty)one 2/$3 years of age who intent to pursue courses or training primarily in the field of science and technology. &he initial seed fund of two hundred million pesos 2/@@,@@@,@@@.@@3 shall be constituted from the following sources" 2a3 Fifty million pesos 2@,@@@,@@@.@@3 from the une6pected !ountrywide 0evelopment Fund for $-- in e5ual sharing by all members of !ongress and 2b3 &he remaining one hundred fifty million pesos 2$@,@@@,@@@.@@3 shall be funded from the proceeds of (otto. &he !ongressional +igrant orkers Scholarship Fund as herein created shall be administered by the 0%(# in coordination with the 0epartment of Science and &echnology 20%S&3. &o carry out the ob8ectives of this section, the 0%(# and the 0%S& shall formulate the necessary rules and regulations.
S*! 8>-! Comp)lsory ns)ran!e Coverage for gen!y/ired Workers. - In addition to the performance ond to e filed y the recruitment/manning agency under Section 7@, each migrant worker deployed y a recruitment/manning agency shall e covered y a compulsory insurance policy which shall e secured at no cost to the said worker! Such insurance policy shall e effective for the duration of the migrant worker4s employment and shall cover, at the minimum (a) ccidental death, with at least Fifteen thousand Bnited States dollars (BSE72,@@@!@@) survivor4s enefit payale to the migrant worker4s eneficiaries () 5atural death, with at least $en thousand Bnited States dollars (BSE7@,@@@!@@) survivor4s enefit payale to the migrant worker4s eneficiaries (c) %ermanent total disalement, with at least Seven thousand five hundred Bnited States dollars (BSE>,2@@!@@) disaility enefit payale to the migrant worker! $he following disailities shall e deemed permanent total, complete loss of sight of oth eyes loss of two(9) lims at or aove the ankles or wrists permanent complete paralysis of two (9) lims rain in#ury resulting to incurale imecility or insanity (d) ;epatriation cost of the worker when his/her employment is terminated without any valid cause, including the transport of his or her personal elongings! In case of death, the insurance provider shall arrange and pay for the repatriation or return of the worker4s remains! $he insurance provider shall also render any assistance necessary in the transport including, ut not limited to, locating a local licensed funeral home, mortuary or direct disposition facility to prepare the ody for transport, completing all documentation, otaining legal clearances, procuring consular services, providing necessary casket or air transport container, as well as transporting the remains including retrieval from site of death and delivery to the receiving funeral home (e) Susistence allowance enefit, with at least 'ne hundred Bnited States dollars (BSE7@@!@@) %er month for a maimum of si (6) months for a migrant worker who is involved in a case or litigation for the protection of his/her rights in the receiving country (f) Coney claims arising from employer4s liaility which may e awarded or given to the worker in a #udgment or settlement of his or her case in the 5:;*! $he insurance coverage for money claims shall e e"uivalent to at least three (8) months for every year of the migrant worker4s employment contract In addition to the aove coverage, the insurance policy shall also include (g) *ompassionate visit! .hen a migrant worker is hospitalized and has een confined for at least seven (>) consecutive days, he shall e entitled to a compassionate visit y one (7) family memer or a re"uested individual! $he
insurance company shall pay for the transportation cost of the family memer or re"uested individual to the ma#or airport closest to the place of hospitalization of the worker! It is, however, the responsiility of the family memer or re"uested individual to meet all visa and travel document re"uirements (h) Cedical evacuation! .hen an ade"uate medical facility is not availale proimate to the migrant worker, as determined y the insurance company4s physician and/or a consulting physician, evacuation under appropriate medical supervision y the mode of transport necessary shall e undertaken y the insurance provider and (i) Cedical repatriation! .hen medically necessary as determined y the attending physician, repatriation under medical supervision to the migrant worker4s residence shall e undertaken y the insurance provider at such time that the migrant worker is medically cleared for travel y commercial carrier! If the period to receive medical clearance to travel eceeds fourteen (7+) days from the date of discharge from the hospital, an alternative appropriate mode of transportation, such as air amulance, may e arranged! Cedical and non-medical escorts may e provided when necessary! 'nly reputale private insurance companies duly registered with the Insurance *ommission (I*) , which are in eistence and operational for at least Five hundred million pesos (%2@@,@@@,@@@!@@) to e determined y the I*, and with a current year certificate of authority shall e "ualified to provide for the worker4s insurance coverage! Insurance companies who have directors, partners, officers, employees or agents with relatives, within the fourth civil degree of consanguinity or affinity, who work or have interest in any of the licensed recruitment/manning agencies or in any of the government agencies involved in the overseas employment program shall e dis"ualified from providing this workers4 insurance coverage! cralaw
$he recruitment/manning agency shall have the right to choose from any of the "ualified insurance providers the company that will insure the migrant worker it will deploy! fter procuring such insurance policy, the recruitment/manning agency shall provide an authenticated copy thereof to the migrant worker! It shall then sumit the certificate of insurance coverage of the migrant worker to %' as a re"uirement for the issuance of an 'verseas mployment *ertificate ('*) to the migrant worker! In the case of seafarers who are insured under policies issued y foreign insurance companies, the %' shall accept certificates or other proofs of cover from recruitment/manning agencies %rovided, $hat the minimum coverage under su-paragraphs (a) to (i) are included therein! cralaw
ny person having a claim upon the policy issued pursuant to suparagraphs (a), (), (c), (d) and (e) of this section shall present to the insurance company concerned a written notice of claim together with pertinent supporting documents! $he insurance company shall forthwith ascertain the truth and etent of the claim and make payment within ten (7@) days from the filing of the notice of claim! cralaw
ny claim arising from accidental death, natural death or disalement under this section shall e paid y the insurance company without any contest and without the necessity of providing fault or negligence of any kind on the part of the insured migrant worker Provided, $hat the following documents, duly authenticated y the %hilippine foreign posts, shall e sufficient evidence to sustantiate the claim (7) 3eath *ertificate - In case of natural or accidental death (9) %olice or ccident ;eport - In case of accidental death and (8) Cedical *ertificate - In case of permanent disalement For repatriation under suparagraph (d) hereof, a certification which states the reason/s for the termination of the migrant worker4s employment and the need for his or her repatriation shall e issued y the %hilippine foreign post or the %hilippine 'verseas :aor 'ffice (%':') located in the receiving country! cralaw
For susistence allowance enefit under suparagraph (e), the concerned laor attach or, in his asence, the emassy or consular official shall issue a certification which states the name of the case, the names of the parties and the nature of the cause of action of the migrant worker! cralaw
For the payment of money claims under suparagraph (f), the following rules shall govern (7) fter a decision has ecome final and eecutor or a settlement/compromise agreement has een reached etween the parties at the 5:;*, an order shall e released mandating the respondent recruitment/manning agency to pay the amount ad#udged or agreed upon within thirty (8@) days (9) $he recruitment/manning agency shall then immediately file a notice of claim with its insurance provider for the amount of liaility insured, attaching therewith a copy of the decision or compromise agreement (8) .ithin ten (7@) days from the filing of notice of claim, the insurance company shall make payment to the recruitment/manning agency the amount ad#udged or agreed upon, or the amount of liaility insured, whichever is lower! fter receiving the insurance payment, the recruitment/manning agency shall immediately pay the migrant worker4s claim in full, taking into account that in case the amount of insurance coverage is insufficient to satisfy the amount ad#udged or agreed upon, it is liale to pay the alance thereof (+) In case the insurance company fails to make payment within ten (7@) days from the filing of the claim, the recruitment/ manning agency shall pay the amount ad#udged or agreed upon within the remaining days of the thirty (8@)-day period, as provided in the first suparagraph hereof
(2) If the worker4s claim was not settled within the aforesaid thirty (8@)-day period, the recruitment/manning agency4s performance ond or escrow deposit shall e forthwith garnished to satisfy the migrant worker4s claim (6) $he provision of compulsory worker4s insurance under this section shall not affect the #oint and solidary liaility of the foreign employer and the recruitment/manning agency under Section 7@ (>) :awyers for the insurance companies, unless the latter is impleaded, shall e prohiited to appear efore the 5:;* in money claims cases under this section! ny "uestion or dispute in the enforcement of any insurance policy issued under this section shall e rought efore the I* for mediation or ad#udication! cralaw
In case it is shown y sustantial evidence efore the %' that the migrant worker who was deployed y a licensed recruitment/manning agency has paid for the premium or the cost of the insurance coverage or that the said insurance coverage was used as asis y the recruitment/manning agency to claim any additional fee from the migrant worker, the said licensed recruitment/manning agency shall lose its license and all its directors, partners, proprietors, officers and employees shall e perpetually dis"ualified from engaging in the usiness of recruitment of overseas workers! Such penalty is without pre#udice to any other liaility which such persons may have incurred under eisting laws, rules or regulations! cralaw
For migrant workers recruited y the %' on a government-to-government arrangement, the %' shall estalish a foreign employers guarantee fund which shall e answerale to the workers4 monetary claims arising from reach of contractual oligations! For migrant workers classified as rehires, name hires or direct hires, they may opt to e covered y this insurance coverage y re"uesting their foreign employers to pay for the cost of the insurance coverage or they may pay for the premium themselves! $o protect the rights of these workers, the %' shall provide them ade"uate legal assistance, including conciliation and mediation services, whether at home or aroad! cralaw
t the end of every year, the 3epartment of :aor and mployment and the I* shall #ointly make an assessment of the performance of all insurance providers, ased upon the report of the 5:;* and the %' on their respective interactions and eperiences with the insurance companies, and they shall have the authority to an or lacklist such insurance companies which are known to e evasive or not responsive to the legitimate claims of migrant workers! $he 3epartment of :aor and mployment shall include such assessment in its year-end report to *ongress! cralaw
For purposes of this section, the 3epartment of :aor and mployment, I*, 5:;* and the %', in consultation with the recruitment/manning agencies and legitimate nongovernment organizations advocating the rights and welfare of overseas Filipino workers, shall formulate the necessary implementing rules and regulations! cralaw
$he foregoing provisions on compulsory insurance coverage shall e su#ect to automatic review through the *ongressional 'versight *ommittee immediately after three (8) years from the effectivity of this ct in order to determine its efficacy in favor of the covered overseas Filipino workers and the compliance y recruitment/manning agencies and insurance companies, without pre#udice to an earlier review if necessary and warranted for the purpose of modifying, amending and/or repealing these su#ect provisions! Sec! 8>-1! Congressional (versight Committee. - $here is herey created a ?oint *ongressional 'versight *ommittee composed of five (2) Senators and five (2) ;epresentatives to e appointed y the Senate %resident and the Speaker of the Douse of ;epresentatives, respectively! $he 'versight *ommittee shall e co-chaired y the chairpersons of the Senate *ommittee on :aor and mployment and the Douse of ;epresentatives *ommittee on 'verseas .orkers ffairs! $he 'versight *ommittee shall have the following duties and functions (a) $o set the guidelines and overall framework to monitor and ensure the proper implementation of ;epulic ct 5o! <@+9, as amended, as well as all programs, pro#ects and activities related to overseas employment () $o ensure transparency and re"uire the sumission of reports from concerned government agencies on the conduct of programs, pro#ects and policies relating to the implementation of ;epulic ct 5o! <@+9, as amended (c) $o approve the udget for the programs of the 'versight *ommittee and all disursements therefrom, including compensation of all personnel (d) $o sumit periodic reports to the %resident of the %hilippines and *ongress on the implementation of the provisions of ;epulic ct 5o! <@+9, as amended (e) $o determine weaknesses in the law and recommend the necessary remedial legislation or eecutive measures and (f) $o perform such other duties, functions and responsiilities as may e necessary to attain its o#ectives! $he 'versight *ommittee shall adopt its internal rules of procedure, conduct hearings and receive testimonies, reports, and technical advice, invite or summon y supoena ad testifi!and)m any pulic official or private citizen to testify efore it, or re"uire any person y supoena d)!es te!)m documents or other materials as it may re"uire consistent with the provisions of ;epulic ct 5o! <@+9, as amended! cralaw
$he 'versight *ommittee shall organize its staff and technical panel, and appoint such personnel, whether on secondment from the Senate and the Douse of ;epresentatives or on temporary, contractual, or on consultancy, and determine their compensation su#ect to applicale civil service laws, rules and regulations with a view to ensuring a competent and efficient secretariat! cralaw
$he memers of the 'versight *ommittee shall not receive additional compensation, allowances or emoluments for services rendered thereto ecept traveling, etraordinary and other necessary epenses to attain its goals and o#ectives! cralaw
$he 'versight *ommittee shall eist for a period of ten (7@) years from the effectivity of this ct and may e etended y a #oint concurrent resolution!
S#!. 9>. AR%R'A&'%1 A10 %&H#R S%=R!#S %F F=10'17. ) &he amount necessary to carry out the provisions of this Act shall be provided for in the 7eneral Appropriations Act of the year following its enactment into law and thereafter. S#!. 9-. +'7RA1& %RD#RS 0A<. ) &he day of signing by the resident of this Act shall be designated as the +igrant orkers 0ay and shall henceforth be commemorated as such annually. S#!. ;@. '+(#+#1&'17 R=(#S A10 R#7=(A&'%1S. ) &he departments and agencies charged with carrying out the provisions of this Act shall, within ninety 2-@3 days after the effectivity of this Act, formulate the necessary rules and regulations for its effective implementation. S#!. ;$. R##A&'17 !(A=S#. ) All laws, decrees, e6ecutive orders, rules and regulations, or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly. S#!. ;/. S#ARAB'('&< !(A=S#. ) 'f, 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. S#!. ;9. #FF#!&'?'&< !(A=S#. ) &his Act shall take effect after fifteen 2$3 days from its publication in the %fficial 7a4ette or in at least two 2/3 national newspapers of general circulation whichever comes earlier.
