This story
was taken from Bulatlat, the Philippines's alternative weekly
newsmagazine (www.bulatlat.com, www.bulatlat.net, www.bulatlat.org).
Vol. V, No. 17, June 5-11, 2005
REPUBLIC
ACT NO. 8042
Migrant
Workers and Overseas Filipinos Act of 1995
© 2004 Bulatlat
■
Alipato Publications Permission is granted to reprint or redistribute this article, provided its author/s and Bulatlat are properly credited and notified.
AN ACT TO
INSTITUTE THE POLICIES OF OVERSEAS EMPLOYMENT AND ESTABLISH A HIGHER STANDARD OF
PROTECTION AND PROMOTION OF THE WELFARE OF MIGRANT WORKERS, THEIR FAMILIES AND
OVERSEAS FILIPINOS IN DISTRESS, AND FOR OTHER PURPOSES
An act to institute the policies of overseas employment and establish a higher
standard of protection and promotion of the welfare of migrant workers, their
families and overseas Filipinos in distress, and for other purposes.
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
SEC. 1. SHORT TITLE. - This act shall be known and cited as the "Migrant
Workers and Overseas Filipinos Act of 1995."
SEC. 2. DECLARATION OF POLICIES--
(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 in its relations with other states, the State
shall, at all times, uphold the dignity of its citizens whether in country or
overseas, in general, and Filipino migrant workers, in particular.
(b) The State shall afford full protection to labor, local and overseas,
organized and unorganized, and promote full employment and equality of
employment opportunities for all. Towards this end, the State shall provide
adequate and timely social, economic and legal services to Filipino migrant
workers.
(c) While recognizing the significant contribution of Filipino migrant workers
to the national economy through their foreign exchange remittances, the State
does not promote overseas employment as a means to sustain economic growth and
achieve national development. The existence of the overseas employment program
rests solely on the assurance that the dignity and fundamental human rights and
freedoms of the Filipino citizens shall not, at any time, be compromised or
violated. The State, therefore, shall continuously create local employment
opportunities and promote the equitable distribution of wealth and the benefits
of development.
(d) The State affirms the fundamental equality before the law of women and men
and the significant role of women in nation-building. Recognizing the
contribution of overseas migrant women workers and their particular
vulnerabilities, the State shall apply gender sensitive criteria in the
formulation and implementation of policies and programs affecting migrant
workers and the composition of bodies tasked for the welfare of migrant workers.
(e) Free access to the courts and quasi-judicial
bodies and adequate legal assistance shall not be denied to any persons by
reason of poverty. In this regard, it is imperative that an effective mechanism
be instituted to ensure that the rights and interest of distressed overseas
Filipinos, in general, and Filipino migrant workers, in particular, documented
or undocumented, are adequately protected and safeguarded.
(f) The 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 recognized and
guaranteed.
(g) The State recognizes that the ultimate protection to all migrant workers is
the possession of skills. Pursuant to this and as soon as practicable, the
government shall deploy and/or allow the deployment only to skilled Filipino
workers.
(h) Non-governmental organizations, duly recognized as legitimate, are partners
of the State in the protection of Filipino migrant workers and in the promotion
of their welfare, the State shall cooperate with them in a spirit of trust and
mutual respect.
(I) Government fees and other administrative costs of recruitment, introduction,
placement and assistance to migrant workers shall be rendered free without
prejudice to the provision of Section 36 hereof.
Nonetheless, 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 extended to them.
SEC. 3. DEFINITIONS. - For purposes of this Act:
(a) "Migrant worker" refers to a person who is to be engaged, is engaged or has
been engaged in a renumerated activity in a state of which he or she is not a
legal resident to be used interchangeably with overseas Filipino worker.
(b) "Gender-sensitivity" shall mean cognizance of the inequalities and
inequities prevalent in society between women and men and a commitment to
address issues with concern for the respective interests of the sexes.
(c) "Overseas Filipinos" refers to dependents of migrant workers and other
Filipino nationals abroad who are in distress as mentioned in Sections 24 and 26
of this Act.
I. DEPLOYMENT
SEC. 4. Deployment of Migrant Workers - The State shall deploy overseas
Filipino workers only in countries where the rights of Filipino migrant workers
are protected. The government recognizes any of the following as guarantee on
the part of the receiving country for the protection and the rights of overseas
Filipino workers:
(a) It has existing labor and social laws protecting the rights of migrant
workers;
(b) It is a signatory to multilateral conventions, declaration or resolutions
relating to the protection of migrant workers;
(c) It has concluded a bilateral agreement or arrangement with the government
protecting the rights of overseas Filipino workers; and
(d) It is taking positive, concrete measures to protect the rights of migrant
workers.
SEC. 5. TERMINATION OR BAN ON DEPLOYMENT - Notwithstanding the provisions
of Section 4 hereof, the government, in pursuit of the national interest or when
public welfare so requires, may, at any time, terminate or impose a ban on the
deployment of migrant workers.
II. ILLEGAL RECRUITMENT
Sec. 6. DEFINITIONS. - For purposes of this Act, illegal recruitment
shall mean any act of canvassing, enlisting, contracting, transporting,
utilizing, hiring, procuring workers and includes referring, contact services,
promising or advertising for employment abroad, whether for profit or not, when
undertaken by a non-license or non-holder of authority contemplated under
Article 13(f) of Presidential Decree No. 442, as amended, otherwise known as the
Labor Code of the Philippines. Provided, that such non-license or non-holder,
who, in any manner, offers or promises for a fee employment abroad to two or
more persons shall be deemed so engaged. It shall likewise include the following
acts, whether committed by any persons, whether a non-licensee, non-holder,
licensee or holder of authority.
(a) To charge or accept directly or indirectly any amount greater than the
specified in the schedule of allowable fees prescribed by the Secretary of Labor
and Employment, or to make a worker pay any amount greater than that actually
received by him as a loan or advance;
(b) To furnish or publish any false notice or information or document in
relation to recruitment or employment;
(c) To give any false notice, testimony, information or document or commit any
act of misrepresentation for the purpose of securing a license or authority
under the Labor Code;
(d) To induce or attempt to induce a worker already employed to quit his
employment in order to offer him another unless the transfer is designed to
liberate a worker from oppressive terms and conditions of employment;
(e) To influence or attempt to influence any persons or entity not to employ any
worker who has not applied for employment through his agency;
(f) To engage in the recruitment of placement of workers in jobs harmful to
public health or morality or to dignity of the Republic of the Philippines;
(g) To obstruct or attempt to obstruct inspection by the Secretary of Labor and
Employment or by his duly authorized representative;
(h) To fail to submit reports on the status of employment, placement vacancies,
remittances of foreign exchange earnings, separations from jobs, departures and
such other matters or information as may be required by the Secretary of Labor
and Employment;
(i) To substitute or alter to the prejudice of the worker, employment contracts
approved and verified by the Department of Labor and Employment from the time of
actual signing thereof by the parties up to and including the period of the
expiration of the same without the approval of the Department of Labor and
Employment;
(j) For an officer or agent of a recruitment or placement agency to become an
officer or member of the Board of any corporation engaged in travel agency or to
be engaged directly on indirectly in the management of a travel agency;
(k) To withhold or deny travel documents from applicant workers before departure
for monetary or financial considerations other than those authorized under the
Labor Code and its implementing rules and regulations;
(l) Failure to actually deploy without valid reasons as determined by the
Department of Labor and Employment; and
(m) Failure to reimburse expenses incurred by the workers in connection with his
documentation and processing for purposes of deployment, in cases where the
deployment does not actually take place without the worker's fault. Illegal
recruitment when committed by a syndicate or in large scale shall be considered
as offense involving economic sabotage.
Illegal recruitment is deemed committed by a syndicate carried out by a group of
three (3) or more persons conspiring or confederating with one another. It is
deemed committed in large scale if committed against three (3) or more persons
individually or as a group.
The persons criminally liable for the above offenses are the principals,
accomplices and accessories. In case of juridical persons, the officers having
control, management or direction of their business shall be liable.
SEC. 7. PENALTIES -
(a) Any person found guilty of illegal recruitment shall suffer the penalty of
imprisonment of not less than six (6) years and one (1) day but not more than
twelve (12) years and a fine not less than two hundred thousand pesos
(P200,000.00) nor more than five hundred thousand pesos (P500,000.00).
(b) The penalty of life imprisonment and a fine of not less than five hundred
thousand pesos (P500,000.00) nor more than one million pesos (P1,000,000.00)
shall be imposed if illegal recruitment constitutes economic sabotage as defined
herein.
Provided, however, that the maximum penalty shall be imposed if the person
illegally recruited is less than eighteen (18) years of age or committed by a
non-licensee or non-holder of authority.
SEC. 8. PROHIBITION ON OFFICIALS AND EMPLOYEES. - Ot shall be unlawful
for any official or employee of the Department of Labor and Employment, the
Philippine Overseas Employment Administration, or the Overseas Workers Welfare
Administration, or the Department 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. The penalties shall be imposed upon them.
SEC. 9. VENUE. - A criminal action arising from illegal recruitment as
defined herein shall be filed with the Regional Trial Court 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: Provided, That the
court where the criminal action is first filed shall acquire jurisdiction to the
exclusion of other courts. Provided, however, That the aforestated provisions
shall also apply to those criminal actions that have already been filed in court
at the time of the effectivity of this Act.
SEC. 10. MONEY CLAIMS. - Botwithstanding any provision of law to the
contrary, the Labor Arbiters of the National Labor Relations Commission (NLRC)
shall have the priginal and exclusive jurisdiction to hear and decide, within
ninety (90) calendar days after filing of the complaint, the claims arising out
of an employer-employee relationship or by virtue of any law or contract
involving Filipino workers for overseas deployment including claims for actual,
moral, exemplary and other forms of damages.
The liability of the principal/employer and the recruitment/placement agency for
any and all claims under this section shall be joint and several. This
provisions shall be incorporated in the contract for overseas employment and
shall be a condition precedent for its approval. The performance bond to be
filed by the recruitment/placement agency, as provided by law, shall be
answerable for all money claims or damages that may be awarded to the workers.
If the recruitment/placement agency is a juridical being, the corporate officers
and directors and partners as the case may be, shall themselves be jointly and
solidarily liable with the corporation or partnership for the aforesaid claims
and damages.
Such liabilities shall continue during the entire period or duration of the
employment contract and shall not be affected by any substitution, amendment or
modification made locally or in a foreign country of the said contract.
Any compromise/amicable settlement or voluntary agreement on money claims
inclusive of damages under this section shall be paid within four (4) months
from the approval of the settlement by the appropriate authority.
In case of termination of overseas employment without just, valid or authorized
cause as defined by law or contract, the workers shall be entitled to the full
reimbursement of his placement fee with interest of twelve percent (12%) per
annum, plus his salaries for the unexpired portion of his employment contract or
for three (3) months for every year of the unexpired term, whichever is less.
Non-compliance with the mandatory periods for resolutions of cases provided
under this section shall subject the responsible officials to any or all of the
following penalties:
(a) The salary of any such official who fails to render his decision or
resolutions within the prescribed period shall be, or caused to be, withheld
until the said official complies therewith;
(b) Suspension for not more than ninety (90) days; or
(c) Dismissal from the service with disqualifications to hold any appointive
public office for five (5) years.
Provided, however, that the penalties herein provided shall be without prejudice
to any liability which any such official may have incurred under other existing
laws or rules and regulations as a consequence of violating the provisions of
this paragraph.
SEC. 11. MANADATORY PERIODS FOR RESOLUTION OF ILLEGAL RECRUITMENT CASES.
- The preliminary investigations of cases under this Act shall be terminated
within a period of thirty (30) calendar days from the date of their filing.
Where 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 (24) hours from the termination of the investigation.
If the preliminary investigation is conducted by a judge and a prima facie case
is found to exist, prosecution officer within forty-eight (48) hours from the
date of receipt of the records of the case.
SEC. 12. PRESCRIPTIVE PERIODS. - Illegal recruitment cases under this Act
shall prescribe in five (5) years: Provided, however, That illegal recruitment
cases involving economic sabotage as defined herein shall prescribe in twenty
(20) years.
SEC. 13. FREE LEGAL ASSISTANCE, PREFERENTIAL ENTITLEMENT UNDER THE
WITNESS PROTECTION PROGRAM. - A mechanism for free legal assistance for victims
of illegal recruitment shall be established within the Department of Labor and
Employment including its regional offices. Such mechanism must include
coordination and cooperation with the Department of Justice, the Integrated Bar
of the Philippines, and other non-governmental organizations and volunteer
groups.
The provisions of Republic Act No. 6981 to the contrary, notwithstanding, any
person who is a victim of illegal recruitment shall be entitled to the Witness
Protection Program provided thereunder.
III. SERVICES
SEC. 14. TRAVEL ADVISORY/INFORMATION DISSEMINATION. - To give utmost
priority to the establishment of programs and services to prevent illegal
recruitment, fraud, and exploitation or abuse of Filipino migrant workers, all
embassies and consular offices, through the Philippine Overseas Employment
Administration (POEA), shall issue travel advisories or disseminate information
on labor and employment conditions, migration realities and other facts; and
adherence of particular countries to international standards on human and
workers' rights which will adequately prepare individuals into making informed
and intelligent decisions about overseas employment. Such advisory or
information shall be published in a newspaper of general circulation at least
three (3) times in every quarter.
SEC. 15. REPATRIATION OF WORKERS; EMERGENCY REPATRIATION FUND. - The
repatriation of the worker and the transport of his personal belongings shall be
the primary responsibility of the agency which recruited or deployed the worker
overseas. All costs attendant to repatriation shall be borne by or charged to
the agency concerned and/or its principal. Likewise, 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 and/or local agency. However,
in cases where the termination of employment is due solely to the fault of the
worker, the principal/employer or agency shall not in any manner be responsible
for the repatriation of the former and/or his belongings.
The Overseas Workers Welfare Administration (OWWA), 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 prejudice 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
OWWA.
For this purposes, there is hereby created and established an emergency
repatriation fund under the administration control and supervision of the OWWA,
initially to consist of one hundred million pesos (P100,000,000.00), inclusive
of outstanding balances.
SEC. 16. MANDATORY REPATRIATION OF UNDERAGE MIGRANT WORKERS. - Upon
discovery or being informed of the presence of migrant workers whose actual ages
fall below the minimum age requirement for overseas deployment, the responsible
officers in the foreign service shall without delay repatriate said workers and
advise the Department of Foreign Affairs through the fastest means of
communication availavle of such discovery and other relevant information.
SEC. 17. ESTABLISHMENT OF RE-PLACEMENT AND MONITORING CENTER. - A
replacement and monitoring centere is hereby created in the Department of Labor
and Employment for returning Filipino migrant workers which shall provide a
mechanism for their reintegration into the Philippine society, serve as a
promotion house for their local employment, and tap their skills and potentials
for national development.
The Department of Labor and Employment, the Overseas Workers Welfare
Administration, and the Philippine Overseas Employment Administration shall,
within ninety (90) days from the effectivity of this Act, formulate a program
that would motivate migrant workers to plan for productive options such as entry
into highly technical jobs or undertakings, livelihood and entrepreneurial
development, better wage employment, and investment of savings.
For this purpose, the Technical Education and Skills Development Authority (TESDA),
the Technology Livelihood Resource Center (TLRC), and other government agencies
involved in training and livelihood development shall give priority to return
who had been employed as domestic helpers and entertainers.
SEC. 18. FUNCTIONS OF THE RE-PLACEMENT AND MONITORING CENTER. - The
center shall provide the following service:
(a) Develop livelihood programs and projects for returning Filipino migrant
workers in coordination with the private sector;
(b) Coordinate with appropriate private and government agencies the promotion,
development, re-placement and the full utilization of their potentials;
(c) Institute in cooperation with other government agencies concerned, a
computer-based information system on skilled Filipino migrant workers which
shall be accessible to all local recruitment agencies and employers, both public
and private;
(d) Provide a periodic study and assessment of job opportunities for returning
Filipino migrant workers.
SEC. 19. ESTABLISHMENT OF A MIGRANT WORKERS AND OTHER OVERSEAS FILIPINOS
RESOURCE CENTER. - Within the premises and under the administrative jurisdiction
of the Philippine Embassy in countries where there are large concentrations of
Filipino migrant workers, there shall be establish a Migrant Workers and Other
Overseas Filipinos Resource Center with the following services:
(a) Counseling and legal services;
(b) Welfare assistance including the procurement of medical and hospitalization
services;
(c) Information, advisory and programs to promote social integration such as
post-arrival orientation, settlement and community networking services for
social integration;
(d) Institute a scheme of registration of undocumented workers to 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, under pain of having his/her passport
cancelled;
(e) Human resource development, such as training and skills upgrading;
(f) Gender sensitive programs and activities to assist particular needs of women
migrant workers;
(g) Orientation program for returning workers and other migrants; and
(h) Monitoring of daily situations, circumstances and activities affecting
migrant workers and other overseas Filipinos.
The establishment and operations of the Center shall be a joint undertaking of
the various government agencies. The Center shall be open for twenty-four (24)
hours daily, including Saturdays, Sundays and holidays, and shall be staffed by
Foreign Service personnel, service attaches or officers who represent other
organizations from the host countries. In countries categorized as highly
problematic by the Department of Foreign Affairs and the Department of Labor and
Employment and where there is a concentration of Filipino migrant workers, the
government must provide a lawyer and a social worker for the Center. The Labor
Attache shall coordinate the operation of the Center and shall keep the Chief of
Mission informed and updated on all matters affecting it.
The Center shall have a counterpart 24-hour information and assistance center at
the Department of Foreign Affairs to ensure a continuous network and
coordinative mechanism at the home office.
SEC. 20. ESTABLISHMENT OF A SHARED GOVERNMENT INFORMATION SYSTEM FOR
MIGRATION. - An inter-agency committee composed of the Department of Foreign
Affairs and its attached agency, the Commission on Filipino Overseas, the
Department of Labor and Employment, the Philippine Overseas Employment
Administration, The Overseas Workers Welfare Administration, The Department of
Tourism, the Department of Justice, the Bureau of Immigration, the National
Bureau of Investigation, and the National Statistics Office shall be established
to implement a shared government information system for migration. The
inter-agency committee shall initially make available to itself the information
contained in existing data bases/files. The second phase shall involve linkaging
of computer facilities in order to allow free-flow data exchanges and sharing
among concerned agencies.
The inter-agency committee shall convene to identify existing data bases which
shall be declassified and shared among member agencies. These shared data bases
shall initially include, but not limited to, the following information:
(a) Masterlists of departing/arriving Filipinos;
(b) Inventory of pending legal cases involving Filipino migrant workers and
other Filipino nationals, including those serving prison terms;
(c) Masterlists of departing/arriving Filipinos;
(d) Statistical profile on Filipino migrant workers/overseas Filipinos/Tourists;
(e) Blacklisted foreigners/undesirable aliens;
(f) Basic data on legal systems, immigration policies, marriage laws and civil
and criminal codes in receiving countries particularly those with the large
numbers of Filipinos;
(g) List of labor and other human rights instruments where receiving countries
are signatories;
(h) A tracking system of past and present gender disaggregated cases involving
male and female migrant workers; and
(I) Listing of overseas posts which may render assistance to overseas Filipinos,
in general, and migrant workers, in particular.
SEC. 21. MIGRANT WORKERS LOAN GUARANTEE FUND. - In order to further
prevent unscrupulous illegal recruiters from taking advantage of workers seeking
employment abroad, the OWWA, in coordination with government financial
institutions, shall institute financing schemes that will expand the grant of
pre-departure loan and family assistance loan. For this purpose, a Migrant
Workers Loan Guarantee Fund is hereby created and the revolving amount of one
hundred million pesos (P100,000,000.00) from the OWWA is set aside as a
guarantee fund in favor of participating government financial institutions.
SEC. 22. RIGHTS AND ENFORCEMENT MECHANISM UNDER INTERNATIONAL AND
REGIONAL HUMAN RIGHTS SYSTEMS. - The Department of Foreign Affairs is mandated
to undertake the necessary initiative such as promotions, acceptance or
adherence of countries receiving Filipino workers to multilateral convention,
declaration or resolutions pertaining to the protection of migrant workers'
rights. The Department of Foreign Affairs is also mandated to make an assessment
of rights and avenues of redress under international and regional human rights
systems that are available to Filipino migrant workers who are victims of abuse
and violation and, as far as practicable and through the Legal Assistant for
Migrant Workers Affairs created under this Act, pursue the same on behalf of the
victim if it is legally impossible to file individual complaints. If a
complaints machinery is available under international or regional systems, the
Department of Foreign Affairs shall fully apprise the Filipino migrant workers
of the existence and effectiveness of such legal options.
IV. GOVERNMENT AGENCIES
SEC. 23. ROLE OF GOVERNMENT AGENCIES. - The 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:
(a) Department of Foreign Affairs. - The Department, 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 extend immediate assistance including the repatriation of distressed or
beleaguered migrant workers and other overseas Filipinos;
(b) Department of Labor and Employment - The Department of Labor and Employment
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:
(b.1) Philippine Overseas Employment Administration - Subject to deregulation
and phase out as provided under Sections 29 and 30 herein, the Administration
shall regulate private sector participation in the recruitment and overseas
placement of workers by setting up a licensing and registration system. It shall
also formulate and implement, in coordination with appropriate entities
concerned, when necessary employment of Filipino workers taking into
consideration their welfare and the domestic manpower requirements.
(b.2) Overseas Workers Welfare Administration - The Welfare Officer or in his
absence, the coordinating officer shall provide the Filipino migrant worker and
his family all the assistance they may need in the enforcement of contractual
obligations by agencies or entities and/or by their principals. In the
performance of this functions, he shall make representation and may call on the
agencies or entities concerned to conferences or conciliation meetings for the
purpose of settling the complaints or problems brought to his attention.
V. THE LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS
SEC. 24. LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS. - There is hereby
created the position of Legal Assistant for Migrant Workers Affairs under the
Department of Foreign Affairs who shall be primarily responsible for the
provision and overall coordination of all legal assistance services to be
provided to Filipino migrant workers as well as overseas Filipinos in distress.
He shall have the rank, salary and privileges equal to that of an undersecretary
of said Department.
The said Legal Assistant for Migrant Workers Affairs shall be appointed by the
President and must be of proven competence in the field of law with at least ten
(10) years of experience as a legal practitioner and must not have been a
candidate to an elective office in the last local or national elections.
Among the functions and responsibilities of the aforesaid Legal Assistant are:
(a) To issue the guidelines, procedures and criteria for the provisions of legal
assistance services to Filipino migrant workers;
(b) To establish close linkages with the Department of Labor and Employment, the
POEA, the OWWA and other government agencies concerned, as well as with
non-governmental organizations assisting migrant workers, to ensure effective
coordination and cooperation in the provision of legal assistance to migrant
workers;
(c) To tap the assistance of reputable law firms and the Integrated Bar of the
Philippines and other bar associations to complement the government's efforts to
provide legal assistance to migrant workers;
(d) To administer the legal assistance fund for migrant workers established
under Section 25 hereof and to authorize disbursements there from in accordance
with the purposes for which the fund was set up; and
(e) To keep and maintain the information system as provided in Section 20.
The legal Assistant for Migrant Workers Affairs shall have authority to hire
private lawyers, domestic or foreign, in order to assist him in the effective
discharge of the above functions.
SEC. 25. LEGAL ASSISTANCE FUND - There is hereby established a legal
assistance fund for migrant workers, herein after referred to as Legal
Assistance fund, in the amount of One hundred million pesos (P100,000,000.00) to
be constituted from the following sources:
Fifty million pesos (P50,000,000.00) from the Contingency Fund of the President;
Thirty million pesos (P30,000,000.00) from the Presidential Social Fund; and
Twenty million pesos (P20,000,000.00) from the Welfare Fund for Overseas Workers
established under Letter of Instruction No. 537, as amended by Presidential
Decree Nos. 1694 and 1809.
Any balances of existing fund which have been set aside by the government
specifically as legal assistance or defense fund to help migrant workers shall,
upon effectivity of this Act, to be turned over to, and form part of, the Fund
created under this Act.
SEC. 26.
USES OF THE LEGAL ASSISTANCE FUND. - The Legal Assistance Fund created under the
preceeding section shall be used exclusively to provide legal services to
migrant 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 be hired by the Legal Assistance for Migrant
Workers Affairs to represent migrant workers facing charges abroad, bail bonds
to secure the temporary release of workers under detention, court fees and
charges and other litigation expenses.
VI. COUNTRY - TEAM APPROACH
SEC. 27. PRIORITY CONCERNS OF PHILIPPINE FOREIGN SERVICE POSTS. - The
country team approach, as enunciated under Executive Order No. 74, series of
1993, shall be the mode under which Philippine embassies or their personnel will
operate in the protection of the Filipino migrant workers as well as in the
promotion of their welfare. The protection of the
Filipino migrant workers and the promotion of their welfare, in particular, and
the protection of the dignity and fundamental rights and freedons of the
Filipino citizen abroad, in general, shall be the highest priority concerns of
the Secretary of Foreign Affairs and the Philippine Foreign Service Posts.
SEC. 28. COUNTRY-TEAM APPROACH. - Under the country-team approach, all
officers, representatives and personnel of the Philippine government posted
abroad regardless of their mother agencies shall, on a per country basis, act as
one country-team with a mission under the leadership of the ambassador. In this
regard, the ambassador may recommend to the Secretary of the Department of
Foreign Affairs the recall of officers, representatives and personnel of the
Philippine government posted abroad for acts inimical to the national interest
such as, but not limited to, failure to provide the necessary services to
protect the rights of overseas Filipinos.
Upon receipt of the recommendation of the ambassador, the Secretary of the
Department of Foreign Affairs shall, in the case of officers, representatives
and personnel of other departments, endorse such recommendation to the
department secretary concerned for appropriate action. Pending investigation by
an appropriate body in the Philippines, the person recommended for recall may be
placed under preventive suspension by the ambassador.
In host countries where there are Philippine consulates, such consulates shall
also constitute part of the country-team under the leadership of the ambassador.
In the implementation of the country-team approach, visiting Philippine
delegations shall be provided full support and information.
VII. DEREGULATION AND PHASE-OUT
SEC. 29. COMPREHENSIVE DEREGULATION PLAN ON RECRUITMENT ACTIVITIES. -
Pursuant to a progressive policy of deregulation whereby the migration of
workers becomes strictly a matter between the worker and his foreign employer,
the DOLE within one (1) year from the effectivity of this Act, is hereby
mandated to formulate a five-year comprehensive deregulation plan on recruitment
activities taking into account labor market trends, economic conditions of the
country and emergency circumstances which may affect the welfare of migrant
workers.
SEC. 30. GRADUAL PHASE-OUT OF REGULATORY FUNCTIONS. - Within a period of
five (5) years from the effectivity of this Act, the DOLE shall phase out the
regulatory functions of the POEA pursuant to the objectives of deregulation.
VII. PROFESSIONAL AND OTHER HIGHLY-SKILLED FILIPINOS ABROAD
SEC. 31. INCENTIVES TO PROFESSIONALS AND OTHER HIGHLY-SKILLED FILIPINOS
ABROAD. - Pursuant to the objective 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 adequate incentives and programs so as to
secure their services in priority development areas of the public and private
sectors.
IX. MISCELLANEOUS PROVISIONS
SEC. 32. POEA AND OWWA BOARD; ADDITIONAL MEMBERSHIPS. - Notwithstanding
any provision of law to the contrary, the respective Boards of the POEA and the
OWWA shall, in addition to their present composition, have three (3) members
each who shall come from the women, sea-based and land-based sectors,
respectively, to be appointed by the President in the same manner as the other
members. SEC. 33. REPORT TO CONGRESS. - In order to inform the Philippine
Congress on the implementation of the policy enunciated in Section 4 hereof, the
Department of Foreign Affairs and the Department of Labor and Employment shall
submit to the said body a semi-annual report of Philippine foreign posts located
in countries hosting Filipino migrant workers. The report shall not be limited
to the following information:
(a) Masterlist of Filipino migrant workers, and inventory of pending cases
involving them and other Filipino nationals including those serving prison
terms;
(b) Working conditions of Filipino migrant workers;
(c) Problems encountered by the migrant workers, specifically violations of
their rights;
(d) Initiative/actions taken by the Philippine foreign posts to address the
problems of Filipino migrant workers;
(e) Changes in the laws and policies of host countries; and
(f) Status of negotiations on bilateral labor agreements between the Philippines
and the host country.
Any officer of the government who fails to report as stated in the preceeding
section shall be subjected to administrative penalty.
SEC. 34. REPRESENTATION IN CONGRESS. - Pursuant to Section 3(2), Article
VI of the Constitution and in line with the objective of empowering overseas
Filipinos to participate in the policy-making process to address Filipino
migrant concerns, two (2) sectoral representatives for migrant workers in the
House of Representatives shall be appointed by the President from the ranks of
migrant workers: Provided, that at least one (1) of the two (2) sectoral
representatives shall come from the women migrant workers sector: Provided,
further, that all nominees must have at least two (2) years experience as a
migrant worker.
SEC. 35. EXEMPTION FROM TRAVEL TAX AND AIRPORT FEE. - All laws to the
country notwithstanding, the migrant worker shall be exempt from the payment of
travel tax and airport fee upon proper showing of proof of entitlement by the
POEA.
SEC. 36. NON-INCREASE OF FEES; ABOLITION OF REPATRIATION BOND. - Upon
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.
SEC. 37. THE CONGRESSIONAL MIGRANT WORKERS SCHOLARSHIP FUND. - There is
hereby created a Congressional Migrant Workers Scholarship Fund which shall
benefit deserving migrant workers and/or their immediate descendants below
twenty-one (21) years of age who intent to pursue courses or training primarily
in the field of science and technology. The initial seed fund of two hundred
million pesos (P200,000,000.00) shall be constituted from the following sources:
(a) Fifty million pesos (P50,000,000.00) from the unexpected Countrywide
Development Fund for 1995 in equal sharing by all 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.