Republic of the Philippines

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Republic of the Philippines

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Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila
Fourteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine.
REPUBLIC ACT No. !!""
AN ACT A#EN$ING REPUBLIC ACT NO. %!&"' OTHER(ISE )NO(N AS THE
#IGRANT (OR)ERS AN$ O*ERSEAS FILIPINOS ACT OF ++,' AS A#EN$E$'
FURTHER I#PRO*ING THE STAN$AR$ OF PROTECTION AN$ PRO#OTION OF
THE (ELFARE OF #IGRANT (OR)ERS' THEIR FA#ILIES AN$ O*ERSEAS
FILIPINOS IN $ISTRESS' AN$ FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Se-tion . Paragraphs (a), (e), (g) and (h) of ection ! of Republic "ct. #o. $%&!, as a'ended,
otherwise (nown as the )Migrant *or(ers and +verseas ,ilipinos "ct of -../,) is hereby
a'ended to read as follows0
)(a) 1n the pursuit of an independent foreign policy and while considering national sovereignty,
territorial integrity, national interest and the right to self-deter'ination para'ount in its relations
with other states, the tate shall, at all ti'es, uphold the dignity of its citi2ens whether in country
or overseas, in general, and ,ilipino 'igrant wor(ers, in particular, continuously 'onitor
international conventions, adopt3be signatory to and ratify those that guarantee protection to our
'igrant wor(ers, and endeavor to enter into bilateral agree'ents with countries hosting overseas
,ilipino wor(ers.)
)(e) ,ree access to the courts and 4uasi-5udicial bodies and ade4uate legal assistance shall not be
denied to any person by reason of poverty. 1n this regard, it is i'perative that an effective
'echanis' be instituted to ensure that the rights and interest of distressed overseas ,ilipinos, in
general, and ,ilipino 'igrant wor(ers, in particular, whether regular3docu'ented or
irregular3undocu'ented, are ade4uately protected and safeguarded.)
)(g) 6he tate recogni2es that the 'ost effective tool for e'power'ent is the possession of s(ills
by 'igrant wor(ers. 6he govern'ent shall provide the' free and accessible s(ills develop'ent
and enhance'ent progra's. Pursuant to this and as soon as practicable, the govern'ent shall
deploy and3or allow the deploy'ent only of s(illed ,ilipino wor(ers.)
)(h) 6he tate recogni2es non-govern'ental organi2ations, trade unions, wor(ers associations,
sta(eholders and their si'ilar entities duly recogni2ed as legiti'ate, are partners of the tate in
the protection of ,ilipino 'igrant wor(ers and in the pro'otion of their welfare. 6he tate shall
cooperate with the' in a spirit of trust and 'utual respect. 6he significant contribution of
recruit'ent and 'anning agencies shall fro' part this partnership.)
Se-tion ". ection 7, paragraph (a) of Republic "ct #o. $%&!, as a'ended, is hereby a'ended to
read as follows0
)(a) )+verseas ,ilipino wor(er) refers to a person who is to be engaged, is engaged or has been
engaged in a re'unerated activity in a state of which he or she is not a citi2en or on board a
vessel navigating the foreign seas other than a govern'ent ship used for 'iliatry or non-
co''ercial purposes or on an installation located offshore or on the high seas8 to be used
interchangeably with 'igrant wor(er.)
Se-tion .. ection & of Republic "ct #o. $%&!, as a'ended, is hereby a'ended to rerad as
follows0
)9:. &. Deployment of Migrant Worers! - 6he tate shall allow the deploy'ent of overseas
,ilipino wor(ers only in countries where the rights of ,ilipino 'igrant wor(ers are protected.
6he govern'ent recogni2es any of the following as a guarantee on the part of the receiving
country for the protection of the rights of overseas ,ilipino wor(ers0
)(a) 1t has e;isting labor and social laws protecting the rights of wor(ers,
including 'igrant wor(ers8
)(b) 1t is a signatory to and3or a ratifier of 'ultilateral conventions, declarations or
resolutions relating to the protection of wor(ers, including 'igrant wor(ers8 and
)(c) 1t has concluded a bilateral agree'ent or arrange'ent with the govern'ent
on the protection of the rights of overseas ,ilipino *or(ers0
Provided" 6hat the receiving country is ta(ing positive, concrete 'easures to protect the rights of
'igrant wor(ers in furtherance of any of the guarantees under subparagraphs (a), (b) and (c)
hereof.
)1n the absence of a clear showing that any of the afore'entioned guarantees e;ists in the
country of destination of the 'igrant wor(ers, no per'it for deploy'ent shall be issued by the
Philippine +verseas 9'ploy'ent "d'inistration (P+9").
)6he 'e'bers of the P+9" <overning Board who actually voted in favor of an order allowing
the deploy'ent of 'igrant wor(ers without any of the afore'entioned guarantees shall suffer the
penalties of re'oval or dis'issal fro' service with dis4ualification to hold any appointive public
office for five (/) years, ,urther, the govern'ent official or e'ployee responsible for the
issuance of the per'it or for allowing the deploy'ent of 'igrant wor(ers in violation of this
section and in direct contravention of an order by the P+9" <overning Board prohibiting
deploy'ent shall be 'eted the sa'e penalties in this section.
),or this purpose, the =epart'ent of ,oreign "ffairs, through its foreign posts, shall issue a
certification to the P+9", specifying therein the pertinent provisions of the receiving country>s
labor3social law, or the convention3declaration3resolution, or the bilateral agree'ent3arrange'ent
which protect the rights of 'igrant wor(ers.
)6he tate shall also allow the deploy'ent of overseas ,ilipino wor(ers to vessels navigating the
foreign seas or to installations located offshore or on high seas whose owners3e'ployers are
co'pliant with international laws and standards that protect the rights of 'igrant wor(ers.
)6he tate shall li(ewise allow the deploy'ent of overseas ,ilipino wor(ers to co'panies and
contractors with international operations0 Provided, 6hat they are co'pliant with standards,
conditions and re4uire'ents, as e'bodied in the e'ploy'ent contracts prescribed by the P+9"
and in accordance with internationally-accepted standards.)
Se-tion &. ection / of Republic "ct #o. $%&!, as a'ended, is hereby a'ended to read as
follows0
)9:. /. #ermination or Ban on Deployment! - #otwithstanding the provisions of ection &
hereof, in pursuit of the national interest or when public welfare so re4uires, the P+9"
<overning Board, after consultation with the =epart'ent of ,oreign "ffairs, 'ay, at any ti'e,
ter'inate or i'pose a ban on the deploy'ent of 'igrant wor(ers.)
Se-tion ,. ection ? of Republic "ct #o. $%&!, as a'ended, is hereby a'ended to read as
follows0
)9:. ?. Definition! - ,or purposes of this "ct, illegal recruit'ent shall 'ean any act of
canvassing, enlisting, contracting, transporting, utili2ing, hiring, or procuring wor(ers and
includes referring, contract services, pro'ising or advertising for e'ploy'ent abroad, whether
for profit or not, when underta(en by non-licensee or non-holder of authority conte'plated under
"rticle -7(f) of Presidential =ecree #o. &&!, as a'ended, otherwise (nown as the @abor :ode of
the Philippines0 Provided, 6hat any such non-licensee or non-holder who, in any 'anner, offers
or pro'ises for a fee e'ploy'ent abroad to two or 'ore persons shall be dee'ed so engaged. 1t
shall li(ewise include the following acts, whether co''itted by any person, whether a non-
licensee, non-holder, licensee or holder of authority0
)(a) 6o charge or accept directly or indirectly any a'ount greater than that
specified in the schedule of allowable fees prescribed by the ecretary of @abor
and 9'ploy'ent, or to 'a(e a wor(er pay or ac(nowledge any a'ount greater
than that actually received by hi' as a loan or advance8
)(b) 6o furnish or publish any false notice or infor'ation or docu'ent in relation
to recruit'ent or e'ploy'ent8
)(c) 6o give any false notice, testi'ony, infor'ation or docu'ent or co''it any
act of 'isrepresentation for the purpose of securing a license or authority under
the @abor :ode, or for the purpose of docu'enting hired wor(ers with the P+9",
which include the act of reprocessing wor(ers through a 5ob order that pertains to
none;istent wor(, wor( different fro' the actual overseas wor(, or wor( with a
different e'ployer whether registered or not with the P+9"8
)(d) 6o include or atte'pt to induce a wor(er already e'ployed to 4uit his
e'ploy'ent in order to offer hi' another unless the transfer is designed to
liberate a wor(er fro' oppressive ter's and conditions of e'ploy'ent8
)(e) 6o influence or atte'pt to influence any person or entity not to e'ploy any
wor(er who has not applied for e'ploy'ent through his agency or who has
for'ed, 5oined or supported, or has contacted or is supported by any union or
wor(ers> organi2ation8
)(f) 6o engage in the recruit'ent or place'ent of wor(ers in 5obs har'ful to
public health or 'orality or to the dignity of the Republic of the Philippines8
)(h) 6o fail to sub'it reports on the status of e'ploy'ent, place'ent vacancies,
re'ittance of foreign e;change earnings, separation fro' 5obs, departures and
such other 'atters or infor'ation as 'ay be re4uired by the ecretary of @abor
and 9'ploy'ent8
)(i) 6o substitute or alter to the pre5udice of the wor(er, e'ploy'ent contracts
approved and verified by the =epart'ent of @abor and 9'ploy'ent fro' the ti'e
of actual signing thereof by the parties up to and including the period of the
e;piration of the sa'e without the approval of the =epart'ent of @abor and
9'ploy'ent8
)(5) ,or an officer or agent of a recruit'ent or place'ent agency to beco'e an
officer or 'e'ber of the Board of any corporation engaged in travel agency or to
be engaged directly or indirectly in the 'anage'ent of travel agency8
)(() 6o withhold or deny travel docu'ents fro' applicant wor(ers before
departure for 'onetary or financial considerations, or for any other reasons, other
than those authori2ed under the @abor :ode and its i'ple'enting rules and
regulations8
)(l) ,ailure to actually deploy a contracted wor(er without valid reason as
deter'ined by the =epart'ent of @abor and 9'ploy'ent8
)(') ,ailure to rei'burse e;penses incurred by the wor(er in connection with his
docu'entation and processing for purposes of deploy'ent, in cases where the
deploy'ent does not actually ta(e place without the wor(er>s fault. 1llegal
recruit'ent when co''itted by a syndicate or in large scale shall be considered
an offense involving econo'ic sabotage8 and
)(n) 6o allow a non-,ilipino citi2en to head or 'anage a licensed
recruit'ent3'anning agency.
)1llegal recruit'ent is dee'ed co''itted by a syndicate if carried out by a group of three (7) or
'ore persons conspiring or confederating with one another. 1t is dee'ed co''itted in large scale
if co''itted against three (7) or 'ore persons individually or as a group.
)1n addition to the acts enu'erated above, it shall also be unlawful for any person or entity to
co''it the following prohibited acts0
)(-) <rant a loan to an overseas ,ilipino wor(er with interest e;ceeding eight
percent ($A) per annu', which will be used for pay'ent of legal and allowable
place'ent fees and 'a(e the 'igrant wor(er issue, either personally or through a
guarantor or acco''odation party, postdated chec(s in relation to the said loan8
)(!) 1'pose a co'pulsory and e;clusive arrange'ent whereby an overseas
,ilipino wor(er is re4uired to avail of a loan only fro' specifically designated
institutions, entities or persons8
)(7) Refuse to condone or renegotiate a loan incurred by an overseas ,ilipino
wor(er after the latter>s e'ploy'ent contract has been pre'aturely ter'inated
through no fault of his or her own8
)(&) 1'pose a co'pulsory and e;clusive arrange'ent whereby an overseas
,ilipino wor(er is re4uired to undergo health e;a'inations only fro' specifically
designated 'edical clinics, institutions, entities or persons, e;cept in the case of a
seafarer whose 'edical e;a'ination cost is shouldered by the
principal3shipowner8
)(/) 1'pose a co'pulsory and e;clusive arrange'ent whereby an overseas
,ilipino wor(er is re4uired to undergo training, se'inar, instruction or schooling
of any (ind only fro' specifically designated institutions, entities or persons,
e;cept fpr reco''endatory trainings 'andated by principals3shipowners where
the latter shoulder the cost of such trainings8
)(?) ,or a suspended recruit'ent3'anning agency to engage in any (ind of
recruit'ent activity including the processing of pending wor(ers> applications8
and
)(B) ,or a recruit'ent3'anning agency or a foreign principal3e'ployer to pass on
the overseas ,ilipino wor(er or deduct fro' his or her salary the pay'ent of the
cost of insurance fees, pre'iu' or other insurance related charges, as provided
under the co'pulsory wor(er>s insurance coverage.
)6he persons cri'inally liable for the above offenses are the principals, acco'plices and
accessories. 1n case of 5uridical persons, the officers having ownership, control, 'anage'ent or
direction of their business who are responsible for the co''ission of the offense and the
responsible e'ployees3agents thereof shall be liable.
)1n the filing of cases for illegal recruit'ent or any of the prohibited acts under this section, the
ecretary of @abor and 9'ploy'ent, the P+9" "d'inistrator or their duly authori2ed
representatives, or any aggrieved person 'ay initiate the corresponding cri'inal action with the
appropriate office. ,or this purpose, the affidavits and testi'onies of operatives or personnel
fro' the =epart'ent of @abor and 9'ploy'ent, P+9" and other law enforce'ent agencies who
witnessed the acts constituting the offense shall be sufficient to prosecute the accused.
)1n the prosecution of offenses punishable under this section, the public prosecutors of the
=epart'ent of Justice shall collaborate with the anti-illegal recruit'ent branch of the P+9" and,
in certain cases, allow the P+9" lawyers to ta(e the lead in the prosecution. 6he P+9" lawyers
who act as prosecutors in such cases shall be entitled to receive additional allowances as 'ay be
deter'ined by the P+9" "d'inistrator.
)6he filing of an offense punishable under this "ct shall be without pre5udice to the filing of
cases punishable under other e;isting laws, rules or regulations.)$avvphi$
Se-tion /. ection B of Republic "ct #o. $%&!, as a'ended, is hereby a'ended to read as
follows0
)9:. B. Penalties! -
)(a) "ny person found guilty of illegal recruit'ent shall suffer the penalty of
i'prison'ent of not less than twelve (-!) years and one (-) day but not 'ore than
twenty (!%) years and a fine of not less than +ne 'illion pesos (P-,%%%,%%%.%%)
nor 'ore than 6wo 'illion pesos (P!,%%%,%%%.%%).
)(b) 6he penalty of life i'prison'ent and a fine of not less than 6wo 'illion
pesos (P!,%%%,%%%.%%) nor 'ore than ,ive 'illion pesos (P/,%%%,%%%.%%) shall be
i'posed if illegal recruit'ent constitutes econo'ic sabotage as defined therein.
)Provided, however, 6hat the 'a;i'u' penalty shall be i'posed if the person
illegally recruited is less than eighteen (-$) years of age or co''itted by a non-
licensee or non-holder of authority.
)(c) "ny person found guilty of any of the prohibited acts shall suffer the penalty
of i'prison'ent of not less than si; (?) years and one (-) day but not 'ore than
twelve (-!) years and a fine of not less than ,ive hundred thousand pesos
(P/%%,%%%.%%) nor 'ore than +ne 'illion pesos (P-,%%%,%%%.%%).
)1f the offender is an alien, he or she shall, in addition to the penalties herein prescribed, be
deported without further proceedings.
)1n every case, conviction shall cause and carry the auto'atic revocation of the license or
registration of the recruit'ent3'anning agency, lending institutions, training school or 'edical
clinic.)
Se-tion 0. ection -% of Republic "ct #o. $%&!, as a'ended, is hereby a'ended to read as
follows0
)9:. -%. Money Claims! - #otwithstanding any provision of law to the contrary, the @abor
"rbiters of the #ational @abor Relations :o''ission (#@R:) shall have the original and
e;clusive 5urisdiction to hear and decide, within ninety (.%) calendar days after the filing of the
co'plaint, the clai's arising out of an e'ployer-e'ployee relationship or by virtue of any law
or contract involving ,ilipino wor(ers for overseas deploy'ent including clai's for actual,
'oral, e;e'plary and other for's of da'age. :onsistent with this 'andate, the #@R: shall
endeavor to update and (eep abreast with the develop'ents in the global services industry.
)6he liability of the principal3e'ployer and the recruit'ent3place'ent agency for any and all
clai's under this section shall be 5oint and several. 6his provision shall be incorporated in the
contract for overseas e'ploy'ent and shall be a condition precedent for its approval. 6he
perfor'ance bond to de filed by the recruit'ent3place'ent agency, as provided by law, shall be
answerable for all 'oney clai's or da'ages that 'ay be awarded to the wor(ers. 1f the
recruit'ent3place'ent agency is a 5uridical being, the corporate officers and directors and
partners as the case 'ay be, shall the'selves be 5ointly and solidarily liable with the corporation
or partnership for the aforesaid clai's and da'ages.
)uch liabilities shall continue during the entire period or duration of the e'ploy'ent contract
and shall not be affected by any substitution, a'end'ent or 'odification 'ade locally or in a
foreign country of the said contract.
)"ny co'pro'ise3a'icable settle'ent or voluntary agree'ent on 'oney clai's inclusive of
da'ages under this section shall be paid within thirty (7%) days fro' approval of the settle'ent
by the appropriate authority.
)1n case of ter'ination of overseas e'ploy'ent without 5ust, valid or authori2ed cause as
defined by law or contract, or any unauthori2ed deductions fro' the 'igrant wor(er>s salary, the
wor(er shall be entitled to the full rei'burse'ent if his place'ent fee and the deductions 'ade
with interest at twelve percent (-!A) per annu', plus his salaries for the une;pired portion of his
e'ploy'ent contract or for three (7) 'onths for every year of the une;pired ter', whichever is
less.
)1n case of a final and e;ecutory 5udge'ent against a foreign e'ployer3principal, it shall be
auto'atically dis4ualified, without further proceedings, fro' participating in the Philippine
+verseas 9'ploy'ent Progra' and fro' recruiting and hiring ,ilipino wor(ers until and unless
it fully satisfies the 5udge'ent award.
)#onco'pliance with the 'andatory periods for resolutions of case provided under this section
shall sub5ect the responsible officials to any or all of the following penalties0
)(a) 6he salary of any such official who fails to render his decision or resolution
within the prescribed period shall be, or caused to be, withheld until the said
official co'plies therewith8
)(b) uspension for not 'ore than ninety (.%) days8 or
)(c) =is'issal fro' the service with dis4ualification to hold any appointive public
office for five (/) years.
)Provided" ho%ever" 6hat the penalties herein provided shall be without pre5udice to any liability
which any such official 'ay have incured under other e;isting laws or rules and regulations as a
conse4uence of violating the provisions of this paragraph.)
Se-tion %. 6he first paragraph of ection -7 of Republic "ct #o. $%&!, as a'ended is hereby
a'ended to read as follows0
)9:. -7. &ree 'egal (ssistance) Preferential *ntitlement +nder the Witness Protection
Program! - " 'echanis' for free legal assistance for victi's of illegal recruit'ent shall be
established in the anti-illegal recruit'ent branch of the P+9" including its regional offices. uch
'echanis' shall include coordination and cooperation with the =epart'ent of Justice, the
1ntegrated Bar of the Philippines, and other non-govern'ental organi2ations and volunteer
groups.)
Se-tion +. ection -? of Republic "ct #o. $%&!, as a'ended, is hereby a'ended to read as
follows0
)9:. -?. Mandatory Repatriation of +nderage Migrant Worers! - Cpon discovery or being
infor'ed of the presence of 'igrant wor(ers whose ages fall below the 'ini'u' age
re4uire'ent for overseas deploy'ent, the responsible officers in the foreign service shall without
delay repatriate said wor(ers and advise the =epart'ent of ,oreign "ffairs through the fastest
'eans of co''unication available of such discovery and other relevant infor'ation. 6he license
of a recruit'ent3'anning agency which recruited or deployed an underage 'igrant wor(er shall
be auto'atically revo(ed and shall be i'posed a fine of not less than ,ive hundred thousand
pesos (Php /%%,%%%.%%) but not 'ore than +ne 'illion pesos (Php -,%%%,%%%.%%). "ll fees
pertinent to the processing of papers or docu'ents in the recruit'ent or deploy'ent shall be
refunded in full by the responsible recruit'ent3'anning agency, without need of notice, to the
underage 'igrant wor(er or to his parents or guardian. 6he refund shall be independent of and in
addition to the inde'nification for the da'ages sustained by the underage 'igrant wor(er. 6he
refund shall be paid within thirty (7%) days fro' the date of the 'andatory repatriation as
provided for in this "ct.)
Se-tion !. ection -B of Republic "ct #o. $%&!, as a'ended, is hereby a'ended to read as
follows0
)9:. -B. *stablishment of ,ational Reintegration Center for -verseas &ilipino Worers! -"
national reintegration center for overseas ,ilipino wor(ers (#R:+) is hereby created in the
=epart'ent of @abor and 9'ploy'ent for returning ,ilipino 'igrant wor(ers which shall
provide a 'echanis' for their reintegration into the Philippine society, serve as a pro'otion
house for their local e'ploy'ent, and tap their s(ills and potentials for national develop'ent.
)6he =epart'ent of @abor and 9'ploy'ent, the +verseas *or(ers *elfare "d'inistration
(+**"), and the Philippine +verseas 9'ploy'ent "d'inistration (P+9") shall, within ninety
(.%) days fro' the effectivity of this "ct, for'ulate a progra' that would 'otivate 'igrant
wor(ers to plan for productive options such as entry into highly technical 5obs or underta(ings,
livelihood and entrepreneurial develop'ent, better wage e'ploy'ent, and invest'ent of
savings.
),or this purpose, the 6echnical 9ducation and (ills =evelop'ent "uthority (69="), the
6echnology @ivelihood Resource :enter (6@R:), and other govern'ent agencies involved in
training and livelihood develop'ent shall give priority to returnees who had been e'ployed as
do'estic helpers and entertainers.)
Se-tion . ection -$ of Republic "ct #o. $%&!, as a'ended is hereby a'ended to read as
follows0
)9:. -$. &unctions of the ,ational Reintegration Center for -verseas &ilipino Worers! -6he
:enter shall provide the following services0
)(a) =evelop and support progra's and pro5ects for livelihood, entrepreneurship,
savings, invest'ents and financial literacy for returning ,ilipino 'igrant wor(ers
and their fa'ilies in coordination with relevant sta(eholders, service providers
and international organi2ations8
)(b) :oordinate with appropriate sta(eholders, service providers and relevant
international organi2ations for the pro'otion, develop'ent and the full utili2ation
of overseas ,ilipino wor(er returnees and their potentials8
)(c) 1nstitute, in cooperation with other govern'ent agencies concerned, a
co'puter-based infor'ation syste' on returning ,ilipino 'igrant wor(ers shall
be accessible to all local recruit'ent agencies and e'ployers, both public and
private8
)(d) Proved a periodic study and assess'ent of 5ob opportunities for returning
,ilipino 'igrant wor(ers8
)(e) =evelop and i'ple'ent other appropriate progra's to pro'ote the welfare of
returning ,ilipino 'igrant wor(ers8
)(f) Maintain an internet-based co''unication syste' for on-line registration and
interaction with clients, and 'aintain and upgrade co'puter-based service
capabilities of the #R:+8
)(g) =evelop capacity-building progra's for returning overseas ,ilipino wor(ers
and their fa'ilies, i'ple'enters, service providers, and sta(eholders8 and
)(h) :onduct research for policy reco''endations and progra' develop'ent.)
Se-tion ". 6he second paragraph of ection -. of Republic "ct #o. $%&!, as a'ended, is
hereby a'ended to read as follows0
)6he establish'ent and operations of the :enter shall be a 5oint underta(ing of the various
govern'ent agencies. 6he :enter shall be open for twenty-four (!&) hours daily including
aturdays, undays and holidays, and shall be staffed by ,oreign ervice personnel, service
attaches or officers who represent other Philippine govern'ent agencies abroad and, if available,
individual volunteers and bona fide non-govern'ent organi2ations fro' the host countries. 1n
countries categori2ed as highly proble'atic by the =epart'ent of ,oreign "ffairs and the
=epart'ent of @abor and 9'ploy'ent and where there is a concentration of ,ilipino 'igrant
wor(ers, the govern'ent 'ust provide a Sharia or hu'an rights lawyer, a psychologist and a
social wor(er for the :enter. 1n addition to these personnel, the govern'ent 'ust also hire within
the receiving country, in such nu'ber as 'ay be needed by the post, public relation officers or
case officers who are conversant, orally and in writing, with the local language, laws, custo's
and practices. 6he @abor "ttache shall coordinate the operation of the :enter and shall (eep the
:hief of Mission infor'ed and updated on all 'atters affecting it.)
Se-tion .. ection !% of Republic "ct #o. $%&!, as a'ended, is hereby a'ended to read as
follows0
)9:. !%. *stablishment of a Shared .overnment /nformation System for Migration! - "n
interagency co''ittee co'posed of the =epart'ent of ,oreign "ffairs and its attached agency,
the :o''ission on ,ilipinos +verseas, the =epart'ent of @abor and 9'ploy'ent and its
attached concerned agencies, the =epart'ent of 6ouris', the =epart'ent of Justice the Bureau
of 1''igration, the #ational Bureau of 1nvestigation, the =epart'ent of the 1nterior and @ocal
<overn'ent, the #ational 6eleco''unications :o''ission, the :o''ission on 1nfor'ation
and :o''unications 6echnology, the #ational :o'puter :enter, the #ational tatistical and
:oordination Board, the #ational tatistics +ffice and other govern'ent agencies concerned
with overseas e'ploy'ent shall be established to i'ple'ent a shared govern'ent infor'ation
syste' for 'igration. 6he interagency co''ittee shall initially 'a(e available to itself the
infor'ation contained in e;isting data bases3files. 6he second phase shall involve lin(aging of
co'puter facilities on order to allow free-flow data e;changes and sharing a'ong concerned
agencies.
)6he inter-agency co''ittee shall be co-chaired by the =epart'ent of ,oreign "ffairs and the
=epart'ent of @abor and 9'ploy'ent. 6he #ational :o'puter :enter shall provide the
necessary technical assistance and shall set the appropriate infor'ation and co''unications
technology standards to facilitate the sharing of infor'ation a'ong the 'e'ber agencies.
)6he inter-agency co''ittee shall 'eet regularly to ensure the i''ediate and full
i'ple'entation of this section and shall e;plore the possibility setting up a central storage
facility for the data on 'igration. 6he progress of the i'ple'entation of this section shall be
include in the report to :ongress of the =epart'ent of ,oreign "ffairs and the =epart'ent of
@abor and 9'ploy'ent under ection 77.
)6he inter-agency co''ittee shall convene to identify e;isting data bases which shall be
declassified and shared a'ong 'e'ber agencies. 6hese shared data bases shall initially include,
but not be li'ited to, the following infor'ation0
)(a) Masterlists of ,ilipino 'igrant wor(ers3overseas ,ilipino classified according
to occupation35ob category, civil status, by country3state of destination including
visa classification8
)(b) 1nventory of pending legal cases involving ,ilipino 'igrant wor(ers and
other ,ilipino nationals, including those serving prison ter's8
)(c) Masterlists of departing3arriving ,ilipinos8
)(d) tatistical profile on ,ilipino 'igrant wor(ers3overseas ,ilipinos3tourists8
)(e) Blac(listed foreigners3undesirable aliens8
)(f) Basic data on legal syste's, i''igration policies, 'arriage laws and civil
and cri'inal codes in receiving countries particularly those with large nu'bers of
,ilipinos8
)(g) @ist of @abor and other hu'an rights instru'ents where receiving countries
are signatories8
)(h) " trac(ing syste' of past and present gender disaggregated cases involving
'ale and fe'ale 'igrant wor(ers, including 'inors8 and
)(i) @isting of overseas posts which 'ay render assistance to overseas ,ilipinos,
in general, and 'igrant wor(ers, in particular.)
Se-tion &. ubparagraph (b.-) of paragraph (b) of ection !7 of Republic "ct #o. $%&!, as
a'ended, is hereby a'ended to read as follows0
)(b.-) Philippine +verseas 9'ploy'ent "d'inistration. - 6he "d'inistration shall regulate
private sector participation in the recruit'ent and overseas place'ent of wor(ers by setting up a
licensing and registration syste'. 1t shall also for'ulate and i'ple'ent, in coordination with
appropriate entities concerned, when necessary, a syste' for pro'oting and 'onitoring the
overseas e'ploy'ent of ,ilipino wor(ers ta(ing into consideration their welfare and the
do'estic 'anpower re4uire'ents. 1t shall be responsible for the regulation and 'anage'ent of
overseas e'ploy'ent fro' the pre-e'ploy'ent stage, securing the best possible e'ploy'ent
ter's and conditions for overseas ,ilipino wor(ers, and ta(ing into consideration the needs of
vulnerable sectors and the peculiarities of sea-based and land-based wor(ers. 1n appropriate
cases, the "d'inistration shall allow the lifting of suspension of erring recruit'ent3'anning
agencies upon the pay'ent of fine of ,ifty thousand pesos (P/%,%%%.%%) for every 'onth of
suspension.
)in addition to its powers and functions, the "d'inistration shall infor' 'igrant wor(ers not
only of their rights as wor(ers but also of their rights as hu'an beings, instruct and guide the
wor(ers how to assert their rights and provide the available 'echanis' to redress violation of
their rights. 1t shall also be responsible for the i'ple'entation, in partnership with other law-
enforce'ent agencies, of an intensified progra' against illegal recruit'ent activities. ,or this
purpose, the P+9" shall provide co'prehensive Pre-9'ploy'ent +rientation e'inars (P9+)
that will discuss topics such as prevention of illegal recruit'ent and gender-sensitivity.
)6he "d'inistration shall not engage in the recruit'ent and place'ent of overseas wor(ers
e;cept on a govern'ent-to-govern'ent arrange'ent only.
)1n the recruit'ent and place'ent of wor(ers to service the re4uire'ents for trained and
co'petent ,ilipino wor(ers of foreign govern'ents and their instru'entalitys, and such other
e'ployers as public interests 'ay re4uire, the "d'inistration shall deploy only to countries
where the Philippine has conclude bilateral labor agree'ents or arrange'ents0 Provided" 6hat
such countries shall guarantee to protect the rights of ,ilipino 'igrant wor(ers8 and Provided"
further" 6hat such countries shall observe and3or co'ply with the international laws and
standards for 'igrant wor(ers.)
Se-tion ,. ub-paragraph (b.!) of Paragraph (b) of ection !7 of Republic "ct #o. $%&!, as
a'ended, is hereby a'ended to read as follows0
)(b.!) +verseas *or(ers *elfare "d'inistration. - 6he *elfare officer of in his absence, the
coordinating officer shall provide the ,ilipino 'igrant wor(er and his fa'ily all the assistance
they 'ay need in the enforce'ent of contractual obligations by agencies or entities and3or by
their principals. 1n the perfor'ance of this function, he shall 'a(e representation and 'ay call
on the agencies or entities concerned to conferences or conciliation 'eetings for the purpose of
settling the co'pliance or proble's brought to his attention. 6he +**" shall li(ewise
for'ulate and i'ple'ent welfare progra's for overseas ,ilipino wor(ers and their fa'ilies
while they are abroad and upon their return. 1t shall ensure the awareness by the overseas
,ilipino wor(ers and their fa'ilies of these progra's and other related govern'ental progra's.
)1n the repatriation of wor(ers to be underta(en by +**", the latter shall be authori2ed to pay
repatriation-related e;penses, such as fines or penalties, sub5ect to such guidelines as the +**"
Board of 6rustees 'ay prescribe.)
Se-tion /. Cnder ection !7 of Republic "ct #o. $%&!, as a'ended, add new paragraphs (c)
and (d) with their corresponding subparagraphs to read as follows0
)(c) =epart'ent of Dealth. - 6he =epart'ent of Dealth (=+D) shall regulate the activities and
operations of all clinics which conduct 'edical, physical, optical, dental, psychological and other
si'ilar e;a'inations, hereinafter referred to as health e;a'inations, on ,ilipino 'igrant wor(ers
as re4uire'ent for their overseas e'ploy'ent. Pursuant to this, the =+D shall ensure that0
) (c.-) 6he fees for the health e;a'inations are regulated, regularly 'onitored and
duly published to ensure that the said fees are reasonable and not e;orbitant8
) (c.!) 6he ,ilipino 'igrant wor(er shall only be re4uired to undergo health
e;a'inations when there is reasonable certainty that he or she will be hired and
deployed to the 5obsite and only those health e;a'inations which are absolutely
necessary for the type of 5ob applied for or those specifically re4uired by the
foreign e'ployer shall be conducted8
) (c.7) #o group or groups of 'edical clinics shall have a 'onopoly of
e;clusively conducting health e;a'inations on 'igrant wor(ers for certain
receiving countries8
) (c.&) 9very ,ilipino 'igrant wor(er shall have the freedo' to choose any of the
=+D-accredited or =+D-operated clinics that will conduct his3her health
e;a'inations and that his or her rights as a patient are respected. 6he dec(ing
practice, which re4uires an overseas ,ilipino wor(er to go first to an office for
registration and then far'ed out to a 'edical clinic located elsewhere, shall not be
allowed8
) (c./) *ithin a period of three (7) years fro' the effectivity of this "ct, all =+D
regional and3or provincial hospitals shall establish and operate clinics that can be
serve the health e;a'ination re4uire'ents of ,ilipino 'igrant wor(ers to provide
the' easy access to such clinics all over the country and lessen their
transportation and lodging e;penses and
) (c.?) "ll =+D-accredited 'edical clinics, including the =+D-operated clinics,
conducting health e;a'inations for ,ilipino 'igrant wor(ers shall observe the
sa'e standard operating procedures and shall co'ply with internationally-
accepted standards in their operations to confor' with the re4uire'ents of
receiving countries or of foreign e'ployers3principals.
)"ny ,oreign e'ployer who does not honor the results of valid health e;a'inations conducted
by a =+D-accredited or =+D-operated clinic shall be te'porarily dis4ualified fro' the
participating in the overseas e'ploy'ent progra', pursuant to P+9" rules and regulations.
)1n case an overseas ,ilipino wor(er is found to be not 'edically fit upon his3her i''ediate
arrival in the country of destination, the 'edical clinic that conducted the health e;a'ination3s of
such overseas ,ilipino wor(er shall pay for his or her repatriation bac( to the Philippines and the
cost of deploy'ent of such wor(er.
)"ny govern'ent official or e'ployee who violates any provision of this subsection shall be
re'oved or dis'issed fro' service with dis4ualification to hold any appointive public office for
five(/) years. uch penalty is without pre5udice to any other liability which he or she 'ay have
incurred under e;isting laws, rules or regulations.
)(d) @ocal <overn'ent Cnits. - 1n the fight against illegal recruit'ent, the local govern'ent
units (@<Cs), in partnership with the P+9", other concerned govern'ent agencies , and non-
govern'ent organi2ations advocating the rights and welfare of overseas ,ilipino wor(ers, shall
ta(e a proactive stance by being pri'arily responsible for the disse'ination of infor'ation to
their constituents on all aspects of overseas e'ploy'ent. 6o carry out this tas(, the following
shall be underta(en by the @<Cs0
)(d.-) Provide a venue for the P+9", other concerned govern'ent agencies and
non-govern'ent organi2ations to conduct P9+ to their constituents on a regular
basis8
)(d.!) 9stablish overseas ,ilipino wor(er help des( or (ios( in their localities with
the ob5ective of providing current infor'ation to their constituents on all the
processes aspects of overseas e'ploy'ent. uch des( or (ios( shall, as be lin(ed
to the database of all concerned govern'ent agencies, particularly the P+9" for
its updated lists of overseas 5ob orders and licensed recruit'ent agencies in good
standing.)
Se-tion 0. ubparagraph ( c ) of ection of Republic "ct #o. $%&!, as a'ended, is hereby
a'ended to read as follows0
)( c ) 6o tap the assistance of reputable law fir's, the 1ntegrated Bar of the Philippines, other bar
associations and other govern'ent legal e;perts on overseas ,ilipino wor(er laws to co'ple'ent
the govern'ent>s efforts to provide legal assistance to our 'igrant wor(ers8)
Se-tion %. ection !/ of Republic "ct #o. $%&!, as a'ended, is hereby a'ended to read as
follows0
)9:. !/. 'egal (ssistance &und! - 6here is herby established a legal assistance fund for 'igrant
wor(ers, hereinafter referred to as the @egal "ssistance ,und, in the a'ount of one hundred
'illion pesos (P-%%,%%%,%%%.%%) to be constituted fro' the following sources.
),ifty 'illion pesos (/%,%%%,%%%.%%) fro' the :ontingency ,und of the President8
)6hirty 'illion pesos (7%,%%%,%%%.%%) fro' the :ontingency ,und of the President ocial ,und8
)6wenty 'illion pesos (!%,%%%,%%%.%%) fro' the *elfare ,und for +verseas *or(ers established
under @etter of 1nstructions #o. /7B as a'ended by Presidential =ecree #os. -?.& and -$%.8 and
)"n a'ount appropriated in the annual <eneral "ppropriations "ct (<"") which shall not be
less than 6hirty 'illion pesos (7%,%%%,%%%.%%) per year0 Provided, that the balance of the @egal
"ssistance ,und (@",) including the a'ount appropriated for the year shall not be less than +ne
hundred 'illion pesos (P-%%,%%%,%%%.%%) 0 Provided, further, 6hat the fund shall be treated as a
special fund in the #ational 6reasury and its balance, including the a'ount appropriated in the
<"", which shall for' part of the ,und, shall not revert to the <eneral ,und.
) "ny balances of e;isting funds which have been set aside by the govern'ent specifically as
legal assistance or defense fund to help 'igrant wor(ers shall upon effectivity of this "ct, be
turned over to, and for' part of, the ,und created under this "ct.)
Se-tion +. ection !? of Republic "ct #o. $%&!, as a'ended, is hereby a'ended to read as
follows0
)9:. !?. +ses of the 'egal (ssistance &und! - 6he @egal "ssistance ,und created under the
preceding section shall be used e;clusively? to provide legal services to 'igrant wor(ers and
overseas ,ilipinos in distress in accordance with the guidelines, criteria and procedures
pro'ulgated in accordance with ection !& ( a ) herof. 6he e;penditures to be charged against
the ,und shall include the fees for the foreign lawyers to be hired by the @egal "ssistant for
Migrant *or(ers "ffairs to represent 'igrant wor(ers facing charges or in filing cases against
erring or abusive e'ployers abroad, bail bonds to secure the te'porary releases and other
litigation e;penses0 Provided" 6hat at the end of every year, the =epart'ent of ,oreign "ffairs
shall include in its report to :ongress, as provided for under ection 77 of this "ct, the status of
the @egal "ssistance ,und, including the e;penditures fro' the said fund duly audited by the
:o''ission on "udit (:+")0 Provided" further" 6hat the hiring of foreign legal counsels, when
circu'stances warrant urgent action, shall be e;e'pt fro' the coverage of Republic "ct #o.
.-$& or the <overn'ent Procure'ent "ct.)
Se-tion "!. ection 7! of Republic "ct #o. $%&!, as a'ended, is hereby a'ended to read as
follows0
)9:. 7!. P-*(" -WW( and other Boards) (dditional Memberships! - #otwithstanding any
provision of law to the contrary, the respective Boards of the P+9" and the +**" shall, in
addition to their present co'position, have three (7) 'e'bers each who shall co'e fro' the
wo'en, sea-based and land-based sectors respectively, to be selected and no'inated openly by
the general 'e'bership of the sector being represented.
) 6he selection and no'ination of the additional 'e'bers fro' the wo'en, sea-based and land-
based sectors shall be governed by the following guidelines0
)(a) 6he P+9" and the +**" shall launch a 'assive infor'ation ca'paign on
the selection of no'inees and provide for a syste' of consultative sessions for the
certified leaders or representatives of the concerned sectors, at least three (7)
ti'es, within ninety (.%) days before the boards shall be convened, for purposes
of selection. 6he process shall be open, de'ocratic and transparent8
)(b) +nly non-govern'ent organi2ations that protect and pro'ote the rights and
welfare of overseas ,ilipino wor(ers, duly registered with the appropriate
Philippine govern'ent agency and in good standing as such, and in e;istence for
at least three (7) years prior to the no'ination shall be 4ualified to no'inate a
representative for each sector to the Board8
)(c) 6he no'inee 'ust be at least twenty-five (!/) years of age, able to read and
write, and a 'igrant wor(er at the ti'e of his or her no'ination or was a 'igrant
wor(er with at least three (7) years e;perience as such8 and
)(d) " final list of all the no'inees selected by the +**"3P+9" governing
boards, which shall consist of three(7) na'es for each sector to be represented,
shall be sub'itted to the President and published in a newspaper of general
circulation8
)*ithin thirty (7%) days fro' the sub'ission of the list, the President shall select and appoint
fro' the list, the representatives to the P+9"3+**" governing boards.
)6he additional 'e'bers shall have a ter' of three (7) years and shall be eligible for
reappoint'ent for another three (7) years. 1n case of vacancy, the President shall in accordance
with the provisions of this "ct, appoint a replace'ent who shall serve the une;pired ter' of his
or her predecessor.
)"ny e;ecutive issuances or orders issued that contravene the provisions of this section shall
have no force and effect.
)"ll other govern'ent agencies and govern'ent-owned or controlled corporations which re4uire
at least one (-) representative fro' the overseas wor(ers sector to their respective boards shall
follow all the applicable provisions of this section.)
Se-tion ". 6he first and last paragraph of ection 77 of Republic "ct #o. $%&!, as a'ended, is
hereby a'ended to read as follows0
)9:. 77. Report to Congress! - 1n order to infor' the Philippine :ongress on the
i'ple'entation of the policy enunciated in ection & hereof, the =epart'ent of ,oreign "ffairs
and the =epart'ent of @abor and 9'ploy'ent shall sub'it separately to the said body a se'i-
annual report of Philippine foreign posts located in countries hosting ,ilipino 'igrant wor(ers.
6he 'id-year report covering the period January to June shall be sub'itted not later than
+ctober 7- of the sa'e year while the year-end report covering the period July to =ece'ber
shall be sub'itted not later than May 7- of the following year. 6he report shall include, but shall
not li'ited to, the following infor'ation0
) ; ; ;
) "ny officer of the govern'ent who fails to sub'it the report as stated in this section shall be
sub5ect to an ad'inistrative penalty of dis'issal fro' the service with dis4ualification to hold
any appointive public office for five (/) years.)
Se-tion "". ection 7/ of Republic "ct #o. $%&!, as a'ended, is hereby a'ended to read as
follows0
9:. 7/. *0emption from #ravel #a0 Documentary Stamp and (irport &ee! - "ll laws to the
contrary notwithstanding, the 'igrant wor(ers shall be e;e'pt fro' the pay'ent of travel ta;
and airport-fee upon proper showing of proof entitle'ent by the P+9".
)6he re'ittances of all overseas ,ilipino wor(ers, upon showing of the sa'e proof of entitle'ent
by the overseas ,ilipino wor(er>s beneficiary or recipient, shall be e;e'pt fro' the pay'ent of
docu'entary sta'p ta;.
Se-tion ".. " new ection 7B-". of Replublic "ct #o. $%&!, as a'ended, is hereby added to read
as follows0
)9:. 7B-". Compulsory /nsurance Coverage for (gency1Hired Worers! - 1n addition to the
perfor'ance bond to be filed by the recruit'ent3'anning agency under ection -%, each 'igrant
wor(er deployed by a recruit'ent3'anning agency shall be covered by a co'pulsory insurance
policy which shall be secured at no cost to the said wor(er. uch insurance policy shall be
effective for the duration of the 'igrant wor(er>s e'ploy'ent and shall cover, at the 'ini'u'0
)(a) "ccidental death, with at least ,ifteen thousand Cnited tates dollars
(CE-%,%%%.%%) survivor>s benefit payable to the 'igrant wor(er>s beneficiaries8
)(c) Per'anent total disable'ent, with at least even thousand five hundred
Cnited tates dollars (CEB,/%%.%%) disability benefit payable to the 'igrant
wor(er. 6he following disabilities shall be dee'ed per'anent0 total, co'plete loss
of sight of both eyes8 loss of two(!) li'bs at or above the an(les or wrists8
per'anent co'plete paralysis of two (!) li'bs8 brain in5ury resulting to incurable
i'becility or insanity8
)(d) Repatriation cost of the wor(er when his3her e'ploy'ent is ter'inated
without any valid cause, including the transport of his or her personal belongings.
1n case of death, the insurance provider shall arrange and pay for the repatriation
or return of the wor(er>s re'ains. 6he insurance provider shall also render any
assistance necessary in the transport including, but not li'ited to, locating a local
licensed funeral ho'e, 'ortuary or direct disposition facility to prepare the body
for transport, co'pleting all docu'entation, obtaining legal clearances, procuring
consular services, providing necessary cas(et or air transport container, as well as
transporting the re'ains including retrieval fro' site of death and delivery to the
receiving funeral ho'e8
)(e) ubsistence allowance benefit, with at least +ne hundred Cnited tates
dollars (CE-%%.%%) Per 'onth for a 'a;i'u' of si; (?) 'onths for a 'igrant
wor(er who is involved in a case or litigation for the protection of his3her rights in
the receiving country8
)(f) Money clai's arising fro' e'ployer>s liability which 'ay be awarded or
given to the wor(er in a 5udg'ent or settle'ent of his or her case in the #@R:.
6he insurance coverage for 'oney clai's shall be e4uivalent to at least three (7)
'onths for every year of the 'igrant wor(er>s e'ploy'ent contract8
)1n addition to the above coverage, the insurance policy shall also include0
)(g) :o'passionate visit. *hen a 'igrant wor(er is hospitali2ed and has been
confined for at least seven (B) consecutive days, he shall be entitled to a
co'passionate visit by one (-) fa'ily 'e'ber or a re4uested individual. 6he
insurance co'pany shall pay for the transportation cost of the fa'ily 'e'ber or
re4uested individual to the 'a5or airport closest to the place of hospitali2ation of
the wor(er. 1t is, however, the responsibility of the fa'ily 'e'ber or re4uested
individual to 'eet all visa and travel docu'ent re4uire'ents8
)(h) Medical evacuation. *hen an ade4uate 'edical facility is not available
pro;i'ate to the 'igrant wor(er, as deter'ined by the insurance co'pany>s
physician and3or a consulting physician, evacuation under appropriate 'edical
supervision by the 'ode of transport necessary shall be underta(en by the
insurance provider8 and
)(i) Medical repatriation. *hen 'edically necessary as deter'ined by the
attending physician, repatriation under 'edical supervision to the 'igrant
wor(er>s residence shall be underta(en by the insurance provider at such ti'e that
the 'igrant wor(er is 'edically cleared for travel by co''ercial carrier. 1f the
period to receive 'edical clearance to travel e;ceeds fourteen (-&) days fro' the
date of discharge fro' the hospital, an alternative appropriate 'ode of
transportation, such as air a'bulance, 'ay be arranged. Medical and non-'edical
escorts 'ay be provided when necessary.
)+nly reputable private insurance co'panies duly registered with the 1nsurance :o''ission
(1:) , which are in e;istence and operational for at least ,ive hundred 'illion pesos
(P/%%,%%%,%%%.%%) to be deter'ined by the 1:, and with a current year certificate of authority
shall be 4ualified to provide for the wor(er>s insurance coverage. 1nsurance co'panies who have
directors, partners, officers, e'ployees or agents with relatives, within the fourth civil degree of
consanguinity or affinity, who wor( or have interest in any of the licensed recruit'ent3'anning
agencies or in any of the govern'ent agencies involved in the overseas e'ploy'ent progra'
shall be dis4ualified fro' providing this wor(ers> insurance coverage.
)6he recruit'ent3'anning agency shall have the right to choose fro' any of the 4ualified
insurance providers the co'pany that will insure the 'igrant wor(er it will deploy. "fter
procuring such insurance policy, the recruit'ent3'anning agency shall provide an authenticated
copy thereof to the 'igrant wor(er. 1t shall then sub'it the certificate of insurance coverage of
the 'igrant wor(er to P+9" as a re4uire'ent for the issuance of an +verseas 9'ploy'ent
:ertificate (+9:) to the 'igrant wor(er. 1n the case of seafarers who are insured under policies
issued by foreign insurance co'panies, the P+9" shall accept certificates or other proofs of
cover fro' recruit'ent3'anning agencies0 Provided, 6hat the 'ini'u' coverage under sub-
paragraphs (a) to (i) are included therein.
)"ny person having a clai' upon the policy issued pursuant to subparagraphs (a), (b), (c), (d)
and (e) of this section shall present to the insurance co'pany concerned a written notice of clai'
together with pertinent supporting docu'ents. 6he insurance co'pany shall forthwith ascertain
the truth and e;tent of the clai' and 'a(e pay'ent within ten (-%) days fro' the filing of the
notice of clai'.
)"ny clai' arising fro' accidental death, natural death or disable'ent under this section shall be
paid by the insurance co'pany without any contest and without the necessity of providing fault
or negligence of any (ind on the part of the insured 'igrant wor(er0 Provided" 6hat the
following docu'ents, duly authenticated by the Philippine foreign posts, shall be sufficient
evidence to substantiate the clai'0
)(-) =eath :ertificate - 1n case of natural or accidental death8
)(!) Police or "ccident Report - 1n case of accidental death8 and
)(7) Medical :ertificate - 1n case of per'anent disable'ent8
),or repatriation under subparagraph (d) hereof, a certification which states the reason3s for the
ter'ination of the 'igrant wor(er>s e'ploy'ent and the need for his or her repatriation shall be
issued by the Philippine foreign post or the Philippine +verseas @abor +ffice (P+@+) located in
the receiving country.
),or subsistence allowance benefit under subparagraph (e), the concerned labor attachF or, in his
absence, the e'bassy or consular official shall issue a certification which states the na'e of the
case, the na'es of the parties and the nature of the cause of action of the 'igrant wor(er.
),or the pay'ent of 'oney clai's under subparagraph (f), the following rules shall govern0
)(-) "fter a decision has beco'e final and e;ecutor or a settle'ent3co'pro'ise
agree'ent has been reached between the parties at the #@R:, an order shall be
released 'andating the respondent recruit'ent3'anning agency to pay the
a'ount ad5udged or agreed upon within thirty (7%) days8
)(!) 6he recruit'ent3'anning agency shall then i''ediately file a notice of clai'
with its insurance provider for the a'ount of liability insured, attaching therewith
a copy of the decision or co'pro'ise agree'ent8
)(7) *ithin ten (-%) days fro' the filing of notice of clai', the insurance
co'pany shall 'a(e pay'ent to the recruit'ent3'anning agency the a'ount
ad5udged or agreed upon, or the a'ount of liability insured, whichever is lower.
"fter receiving the insurance pay'ent, the recruit'ent3'anning agency shall
i''ediately pay the 'igrant wor(er>s clai' in full, ta(ing into account that in
case the a'ount of insurance coverage is insufficient to satisfy the a'ount
ad5udged or agreed upon, it is liable to pay the balance thereof8
)(&) 1n case the insurance co'pany fails to 'a(e pay'ent within ten (-%) days
fro' the filing of the clai', the recruit'ent3 'anning agency shall pay the
a'ount ad5udged or agreed upon within the re'aining days of the thirty (7%)-day
period, as provided in the first subparagraph hereof8
)(/) 1f the wor(er>s clai' was not settled within the aforesaid thirty (7%)-day
period, the recruit'ent3'anning agency>s perfor'ance bond or escrow deposit
shall be forthwith garnished to satisfy the 'igrant wor(er>s clai'8
)(?) 6he provision of co'pulsory wor(er>s insurance under this section shall not
affect the 5oint and solidary liability of the foreign e'ployer and the
recruit'ent3'anning agency under ection -%8
)(B) @awyers for the insurance co'panies, unless the latter is i'pleaded, shall be
prohibited to appear before the #@R: in 'oney clai's cases under this section.
)"ny 4uestion or dispute in the enforce'ent of any insurance policy issued under this section
shall be brought before the 1: for 'ediation or ad5udication.
)1n case it is shown by substantial evidence before the P+9" that the 'igrant wor(er who was
deployed by a licensed recruit'ent3'anning agency has paid for the pre'iu' or the cost of the
insurance coverage or that the said insurance coverage was used as basis by the
recruit'ent3'anning agency to clai' any additional fee fro' the 'igrant wor(er, the said
licensed recruit'ent3'anning agency shall lose its license and all its directors, partners,
proprietors, officers and e'ployees shall be perpetually dis4ualified fro' engaging in the
business of recruit'ent of overseas wor(ers. uch penalty is without pre5udice to any other
liability which such persons 'ay have incurred under e;isting laws, rules or regulations.
),or 'igrant wor(ers recruited by the P+9" on a govern'ent-to-govern'ent arrange'ent, the
P+9" shall establish a foreign e'ployers guarantee fund which shall be answerable to the
wor(ers> 'onetary clai's arising fro' breach of contractual obligations. ,or 'igrant wor(ers
classified as rehires, na'e hires or direct hires, they 'ay opt to be covered by this insurance
coverage by re4uesting their foreign e'ployers to pay for the cost of the insurance coverage or
they 'ay pay for the pre'iu' the'selves. 6o protect the rights of these wor(ers, the P+9" shall
provide the' ade4uate legal assistance, including conciliation and 'ediation services, whether at
ho'e or abroad.
)"t the end of every year, the =epart'ent of @abor and 9'ploy'ent and the 1: shall 5ointly
'a(e an assess'ent of the perfor'ance of all insurance providers, based upon the report of the
#@R: and the P+9" on their respective interactions and e;periences with the insurance
co'panies, and they shall have the authority to ban or blac(list such insurance co'panies which
are (nown to be evasive or not responsive to the legiti'ate clai's of 'igrant wor(ers. 6he
=epart'ent of @abor and 9'ploy'ent shall include such assess'ent in its year-end report to
:ongress.
),or purposes of this section, the =epart'ent of @abor and 9'ploy'ent, 1:, #@R: and the
P+9", in consultation with the recruit'ent3'anning agencies and legiti'ate non-govern'ent
organi2ations advocating the rights and welfare of overseas ,ilipino wor(ers, shall for'ulate the
necessary i'ple'enting rules and regulations.
)6he foregoing provisions on co'pulsory insurance coverage shall be sub5ect to auto'atic
review through the :ongressional +versight :o''ittee i''ediately after three (7) years fro'
the effectivity of this "ct in order to deter'ine its efficacy in favor of the covered overseas
,ilipino wor(ers and the co'pliance by recruit'ent3'anning agencies and insurance co'panies,
without pre5udice to an earlier review if necessary and warranted for the purpose of 'odifying,
a'ending and3or repealing these sub5ect provisions.
Se-tion "&. " new ection 7B-B of Republic "ct #o. $%&!, as a'ended, is hereby added to read
as follows0
)ec. 7B-B. Congressional -versight Committee! - 6here is hereby created a Joint :ongressional
+versight :o''ittee co'posed of five (/) enators and five (/) Representatives to be appointed
by the enate President and the pea(er of the Douse of Representatives, respectively. 6he
+versight :o''ittee shall be co-chaired by the chairpersons of the enate :o''ittee on @abor
and 9'ploy'ent and the Douse of Representatives :o''ittee on +verseas *or(ers "ffairs. 6he
+versight :o''ittee shall have the following duties and functions0
)(a) 6o set the guidelines and overall fra'ewor( to 'onitor and ensure the proper
i'ple'entation of Republic "ct #o. $%&!, as a'ended, as well as all progra's,
pro5ects and activities related to overseas e'ploy'ent8
)(b) 6o ensure transparency and re4uire the sub'ission of reports fro' concerned
govern'ent agencies on the conduct of progra's, pro5ects and policies relating to
the i'ple'entation of Republic "ct #o. $%&!, as a'ended8
)(c) 6o approve the budget for the progra's of the +versight :o''ittee and all
disburse'ents therefro', including co'pensation of all personnel8
)(d) 6o sub'it periodic reports to the President of the Philippines and :ongress
on the i'ple'entation of the provisions of Republic "ct #o. $%&!, as a'ended8
)(e) 6o deter'ine wea(nesses in the law and reco''end the necessary re'edial
legislation or e;ecutive 'easures8 and
)(f) 6o perfor' such other duties, functions and responsibilities as 'ay be
necessary to attain its ob5ectives.
)6he +versight :o''ittee shall adopt its internal rules of procedure, conduct hearings and
receive testi'onies, reports, and technical advice, invite or su''on by subpoena ad
testificandum any public official or private citi2en to testify before it, or re4uire any person by
subpoena duces tecum docu'ents or other 'aterials as it 'ay re4uire consistent with the
provisions of Republic "ct #o. $%&!, as a'ended.
)6he +versight :o''ittee shall organi2e its staff and technical panel, and appoint such
personnel, whether on second'ent fro' the enate and the Douse of Representatives or on
te'porary, contractual, or on consultancy, and deter'ine their co'pensation sub5ect to
applicable civil service laws, rules and regulations with a view to ensuring a co'petent and
efficient secretariat.
)6he 'e'bers of the +versight :o''ittee shall not receive additional co'pensation,
allowances or e'olu'ents for services rendered thereto e;cept traveling, e;traordinary and other
necessary e;penses to attain its goals and ob5ectives.
)6he +versight :o''ittee shall e;ist for a period of ten (-%) years fro' the effectivity of this
"ct and 'ay be e;tended by a 5oint concurrent resolution.)
Se-tion ",. /mplementing Rules and Regulations! - 6he depart'ents and agencies charged with
carrying out the provisions of this "ct, e;cept as otherwise provided herein, in consultation with
the enate :o''ittee on @abor and 9'ploy'ent and the Douse of Representatives :o''ittee
on +verseas *or(ers "ffairs, shall, within si;ty (?%) days after the effectivity of this "ct,
for'ulate the necessary rules and regulations for its effective i'ple'entation.
Se-tion "/. &unding! - 6he depart'ents, agencies, instru'entalities, bureaus, offices and
govern'ent-owned and controlled corporations charged with carrying out the provisions of this
"ct shall include in their respective progra's the i'ple'entation of this "ct, the funding of
which shall be included in the <eneral "ppropriations "ct. 6he :ongressional +versight
:o''ittee on +verseas *or(ers "ffairs shall have the su' of 6wenty-five 'illion pesos
(P!/,%%%,%%%.%%), half of which shall be charged against the current appropriations of the enate
while the other half shall be charged against the current appropriations of the Douse of
Representatives, to carry out its powers and functions for its initial operations and for fiscal years
wherein the <eneral "ppropriations "ct is reenacted and no provision for its continued operation
is included in such "ct. 6hereafter, such a'ount necessary for its continued operations shall be
included in the annual <eneral "ppropriations "ct.
Se-tion "0. Separability Clause! - 1f, for any reason, 'ay portion of this "ct is declared
unconstitutional or invalid, the sa'e shall not affect the validity of the other provisions not
affected thereby.
Se-tion "%. Repealing Clause! - "ll laws, decrees, e;ecutive orders, issuances, rules and
regulations or parts thereof inconsistent with the provisions of this "ct are hereby repealed or
'odified accordingly.
Se-tion "+. *ffectivity! - 6his "ct shall ta(e effect fifteen (-/) days after its publication in at least
two (!) newspapers of general circulation.
"pproved,
(gd.) PROSPERO C. NOGRALES
pea(er of the Douse of Representatives
(gd.) 1UAN PONCE ENRILE
President of the enate
6his "ct which is a consolidation of enate Bill #o. 7!$? and Douse Bill #o. /?&. was finally
passed by the enate and the Douse of Representatives on January -$, !%-% and =ece'ber -$,
!%%., respectively.
(gd.) #ARIL2N B. BARUA32AP
ecretary <eneral
Douse of Represenatives
(gd.) E##A LIRIO3RE2ES
ecretary of enate
"pproved0 #ar-h %' "!!
(gd.) GLORIA #ACAPAGAL3ARRO2O
President of the Philippines

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