REPUBLIC ACT NO. 8042 (As Amended by R.A. 10022 - Appro ed!

"#r$% 8& 2010' RULE( AN) RE*ULATION( I"PLE"ENTIN* T+E "I*RANT ,OR-ER( AN) O.ER(EA( /ILIPINO( ACT O/ 1001 O"NIBU( RULE( AN) RE*ULATION( I"PLE"ENTIN* T+E "I*RANT ,OR-ER( AN) O.ER(EA( /ILIPINO( ACT O/ 1001 AN ACT TO IN(TITUTE T+E POLICIE( O/ O.ER(EA( E"PLO2"ENT AN) E(TABLI(+ A +I*+ER (TAN)AR) O/ PROTECTION AN) PRO"OTION O/ T+E ,EL/ARE O/ "I*RANT ,OR-ER(& T+EIR /A"ILIE( AN) O.ER(EA( /ILIPINO( IN )I(TRE((& AN) /OR OT+ER PURPO(E( (ECTION 1. Short Title. This Act shall be known and cited as the Migrant Workers and Overseas Filipinos Act of 1995. (ECTION 2. Declaration of Policies. (Blue amended provision !ed new provision" (a" #n the pursuit of an independent forei$n polic% and while considerin$ national soverei$nt%& territorial inte$rit%& national interest and the ri$ht to self'determination paramount in its relations with other states& the State shall& at all times& uphold the di$nit% of its citi(ens whether in countr% or overseas& in $eneral& and )ilipino mi$rant workers& in particular& continuousl% monitor international conventions& adopt*be si$nator% to and ratif% those that $uarantee protection to our mi$rant workers& and endeavor to enter into bilateral a$reements with countries hostin$ overseas )ilipino workers. (b" The State shall afford full protection to labor& local and overseas& or$ani(ed and unor$ani(ed& and promote full emplo%ment and e+ualit% of emplo%ment opportunities for all. Towards this end& the State shall provide ade+uate and timel% social& economic and le$al services to )ilipino mi$rant workers. (c" ,hile reco$ni(in$ the si$nificant contribution of )ilipino mi$rant workers to the national econom% throu$h their forei$n e-chan$e remittances& the State does not promote overseas emplo%ment as a means to sustain economic $rowth and achieve national development. The e-istence of the overseas emplo%ment pro$ram rests solel% on the assurance that the di$nit% and fundamental human ri$hts and freedoms of the )ilipino citi(en shall not& at an% time& be compromised or violated. The State& therefore& shall continuousl% create local emplo%ment opportunities and promote the e+uitable distribution of wealth and the benefits of development. (d" The State affirms the fundamental e+ualit% before the law of women and men and the si$nificant role of women in nation'buildin$. !eco$ni(in$ the contribution of overseas mi$rant women workers and their particular vulnerabilities& the State shall appl% $ender sensitive criteria in the formulation and implementation of policies and pro$rams affectin$ mi$rant workers and the composition of bodies tasked for the welfare of mi$rant workers. (e" )ree access to the courts and +uasi'.udicial bodies and ade+uate le$al assistance shall not be denied to an% person b% reason of povert%. #n this re$ard& it is imperative that an effective mechanism be instituted to ensure that the ri$hts and interest of distressed overseas )ilipinos& in $eneral& and )ilipino mi$rant workers& in particular& whether re$ular*documented or irre$ular*undocumented& are ade+uatel% protected and safe$uarded. (f" The ri$ht of )ilipino mi$rant workers and all overseas )ilipinos to participate in the democratic decision'makin$ processes of the State and to be represented in institutions relevant to overseas emplo%ment is reco$ni(ed and $uaranteed. ($" The State reco$ni(es that the most effective tool for empowerment is the possession of skills b% mi$rant workers. The $overnment shall provide them free and accessible skills development and enhancement pro$rams. Pursuant to this and as soon as practicable& the $overnment shall deplo% and*or allow the deplo%ment onl% of skilled )ilipino workers. (h" The State reco$ni(es non'$overnmental or$ani(ations& trade unions& workers associations& stakeholders and their similar entities dul% reco$ni(ed as le$itimate& are partners of the State in the protection of )ilipino mi$rant workers and in the promotion of their welfare. The State shall cooperate with them in a spirit of trust and mutual respect. The si$nificant contribution of recruitment and mannin$ a$encies shall from part this partnership. (i" /overnment fees and other administrative costs of recruitment& introduction& placement and assistance to mi$rant workers shall be rendered free without pre.udice to the provision of Section 01 hereof. 2onetheless& the deplo%ment of )ilipino overseas workers& whether land'based or sea'based& b% local service contractors and mannin$ a$encies emplo%in$ them shall be encoura$ed. Appropriate incentives ma% be e-tended to them.

(ECTION 3. Definitions. )or purposes of this Act3 (a" 4verseas )ilipino worker refers to a person who is to be en$a$ed& is en$a$ed or has been en$a$ed in a remunerated activit% in a state of which he or she is not a citi(en or on board a vessel navi$atin$ the forei$n seas other than a $overnment ship used for miliatr% or non'commercial purposes or on an installation located offshore or on the hi$h seas to be used interchan$eabl% with mi$rant worker. (b" 5/ender'sensitivit%6 shall mean co$ni(ance of the ine+ualities and ine+uities prevalent in societ% between women and men and a commitment to address issues with concern for the respective interests of the se-es. (c" 54verseas )ilipinos6 refers to dependents of mi$rant workers and other )ilipino nationals abroad who are in distress as mentioned in Sections 78 and 71 of this Act. I. )EPLO2"ENT (ECTION 4. Deplo%ment of 9i$rant ,orkers. The State shall allow the deplo%ment of overseas )ilipino workers onl% in countries where the ri$hts of )ilipino mi$rant workers are protected. The $overnment reco$ni(es an% of the followin$ as a $uarantee on the part of the receivin$ countr% for the protection of the ri$hts of overseas )ilipino workers3 (a" #t has e-istin$ labor and social laws protectin$ the ri$hts of workers& includin$ mi$rant workers (b" #t is a si$nator% to and*or a ratifier of multilateral conventions& declarations or resolutions relatin$ to the protection of workers& includin$ mi$rant workers and (c" #t has concluded a bilateral a$reement or arran$ement with the $overnment on the protection of the ri$hts of overseas )ilipino ,orkers3 Provided, That the receivin$ countr% is takin$ positive& concrete measures to protect the ri$hts of mi$rant workers in furtherance of an% of the $uarantees under subpara$raphs (a"& (b" and (c" hereof. #n the absence of a clear showin$ that an% of the aforementioned $uarantees e-ists in the countr% of destination of the mi$rant workers& no permit for deplo%ment shall be issued b% the Philippine 4verseas :mplo%ment Administration (P4:A". The members of the P4:A /overnin$ Board who actuall% voted in favor of an order allowin$ the deplo%ment of mi$rant workers without an% of the aforementioned $uarantees shall suffer the penalties of removal or dismissal from service with dis+ualification to hold an% appointive public office for five (;" %ears& )urther& the $overnment official or emplo%ee responsible for the issuance of the permit or for allowin$ the deplo%ment of mi$rant workers in violation of this section and in direct contravention of an order b% the P4:A /overnin$ Board prohibitin$ deplo%ment shall be meted the same penalties in this section. )or this purpose& the Department of )orei$n Affairs& throu$h its forei$n posts& shall issue a certification to the P4:A& specif%in$ therein the pertinent provisions of the receivin$ countr%<s labor*social law& or the convention*declaration*resolution& or the bilateral a$reement*arran$ement which protect the ri$hts of mi$rant workers. The State shall also allow the deplo%ment of overseas )ilipino workers to vessels navi$atin$ the forei$n seas or to installations located offshore or on hi$h seas whose owners*emplo%ers are compliant with international laws and standards that protect the ri$hts of mi$rant workers. The State shall likewise allow the deplo%ment of overseas )ilipino workers to companies and contractors with international operations3 Provided& that the% are compliant with standards& conditions and re+uirements& as embodied in the emplo%ment contracts prescribed b% the P4:A and in accordance with internationall%'accepted standards. (ECTION 1. Termination or Ban on Deplo%ment. 2otwithstandin$ the provisions of Section 8 hereof& in pursuit of the national interest or when public welfare so re+uires& the P4:A /overnin$ Board& after consultation with the Department of )orei$n Affairs& ma%& at an% time& terminate or impose a ban on the deplo%ment of mi$rant workers.

II. ILLE*AL RECRUIT"ENT (ECTION 4. Definition. )or purposes of this Act& ille$al recruitment shall mean an% act of canvassin$& enlistin$& contractin$& transportin$& utili(in$& hirin$& or procurin$ workers and includes referrin$& contract services& promisin$ or advertisin$ for emplo%ment abroad& whether for profit or not& when undertaken b% non'licensee or non'holder of authorit% contemplated under Article =0(f" of Presidential Decree 2o. 887& as amended& otherwise known as the >abor ?ode of the Philippines3 Provided& That an% such non'licensee or non'holder who& in an% manner& offers or promises for a fee emplo%ment abroad to two or more persons shall be deemed so en$a$ed. #t shall likewise include the followin$ acts& whether committed b% an% person& whether a non'licensee& non'holder& licensee or holder of authorit%3 (a" To char$e or accept directl% or indirectl% an% amount $reater than that specified in the schedule of allowable fees prescribed b% the Secretar% of >abor and :mplo%ment& or to make a worker pa% or acknowled$e an% amount $reater than that actuall% received b% him as a loan or advance (b" To furnish or publish an% false notice or information or document in relation to recruitment or emplo%ment (c" To $ive an% false notice& testimon%& information or document or commit an% act of misrepresentation for the purpose of securin$ a license or authorit% under the >abor ?ode& or for the purpose of documentin$ hired workers with the P4:A& which include the act of reprocessin$ workers throu$h a .ob order that pertains to none-istent work& work different from the actual overseas work& or work with a different emplo%er whether re$istered or not with the P4:A (d" To include or attempt to induce a worker alread% emplo%ed to +uit his emplo%ment in order to offer him another unless the transfer is desi$ned to liberate a worker from oppressive terms and conditions of emplo%ment (e" To influence or attempt to influence an% person or entit% not to emplo% an% worker who has not applied for emplo%ment throu$h his a$enc% or who has formed& .oined or supported& or has contacted or is supported b% an% union or workers< or$ani(ation (f" To en$a$e in the recruitment or placement of workers in .obs harmful to public health or moralit% or to the di$nit% of the !epublic of the Philippines (h" To fail to submit reports on the status of emplo%ment& placement vacancies& remittance of forei$n e-chan$e earnin$s& separation from .obs& departures and such other matters or information as ma% be re+uired b% the Secretar% of >abor and :mplo%ment (i" To substitute or alter to the pre.udice of the worker& emplo%ment contracts approved and verified b% the Department of >abor and :mplo%ment from the time of actual si$nin$ thereof b% the parties up to and includin$ the period of the e-piration of the same without the approval of the Department of >abor and :mplo%ment (." )or an officer or a$ent of a recruitment or placement a$enc% to become an officer or member of the Board of an% corporation en$a$ed in travel a$enc% or to be en$a$ed directl% or indirectl% in the mana$ement of travel a$enc% (k" To withhold or den% travel documents from applicant workers before departure for monetar% or financial considerations& or for an% other reasons& other than those authori(ed under the >abor ?ode and its implementin$ rules and re$ulations (l" )ailure to actuall% deplo% a contracted worker without valid reason as determined b% the Department of >abor and :mplo%ment (m" )ailure to reimburse e-penses incurred b% the worker in connection with his documentation and processin$ for purposes of deplo%ment& in cases where the deplo%ment does not actuall% take place without the worker s fault. #lle$al recruitment when committed b% a s%ndicate or in lar$e scale shall be considered an offense involvin$ economic sabota$e and (n" To allow a non')ilipino citi(en to head or mana$e a licensed recruitment*mannin$ a$enc%. #lle$al recruitment is deemed committed b% a s%ndicate if carried out b% a $roup of three (0" or more persons conspirin$ or confederatin$ with one another. #t is deemed committed in lar$e scale if committed a$ainst three (0" or more persons individuall% or as a $roup.

#n addition to the acts enumerated above& it shall also be unlawful for an% person or entit% to commit the followin$ prohibited acts3 (=" /rant a loan to an overseas )ilipino worker with interest e-ceedin$ ei$ht percent (@A" per annum& which will be used for pa%ment of le$al and allowable placement fees and make the mi$rant worker issue& either personall% or throu$h a $uarantor or accommodation part%& postdated checks in relation to the said loan (7" #mpose a compulsor% and e-clusive arran$ement whereb% an overseas )ilipino worker is re+uired to avail of a loan onl% from specificall% desi$nated institutions& entities or persons (0" !efuse to condone or rene$otiate a loan incurred b% an overseas )ilipino worker after the latter s emplo%ment contract has been prematurel% terminated throu$h no fault of his or her own (8" #mpose a compulsor% and e-clusive arran$ement whereb% an overseas )ilipino worker is re+uired to under$o health e-aminations onl% from specificall% desi$nated medical clinics& institutions& entities or persons& e-cept in the case of a seafarer whose medical e-amination cost is shouldered b% the principal*shipowner (;" #mpose a compulsor% and e-clusive arran$ement whereb% an overseas )ilipino worker is re+uired to under$o trainin$& seminar& instruction or schoolin$ of an% kind onl% from specificall% desi$nated institutions& entities or persons& e-cept for recommendator% trainin$s mandated b% principals*shipowners where the latter shoulder the cost of such trainin$s (1" )or a suspended recruitment*mannin$ a$enc% to en$a$e in an% kind of recruitment activit% includin$ the processin$ of pendin$ workers applications and (B" )or a recruitment*mannin$ a$enc% or a forei$n principal*emplo%er to pass on the overseas )ilipino worker or deduct from his or her salar% the pa%ment of the cost of insurance fees& premium or other insurance related char$es& as provided under the compulsor% worker<s insurance covera$e. The persons criminall% liable for the above offenses are the principals& accomplices and accessories. #n case of .uridical persons& the officers havin$ ownership& control& mana$ement or direction of their business who are responsible for the commission of the offense and the responsible emplo%ees*a$ents thereof shall be liable. #n the filin$ of cases for ille$al recruitment or an% of the prohibited acts under this section& the Secretar% of >abor and :mplo%ment& the P4:A Administrator or their dul% authori(ed representatives& or an% a$$rieved person ma% initiate the correspondin$ criminal action with the appropriate office. )or this purpose& the affidavits and testimonies of operatives or personnel from the Department of >abor and :mplo%ment& P4:A and other law enforcement a$encies who witnessed the acts constitutin$ the offense shall be sufficient to prosecute the accused. #n the prosecution of offenses punishable under this section& the public prosecutors of the Department of Custice shall collaborate with the anti'ille$al recruitment branch of the P4:A and& in certain cases& allow the P4:A law%ers to take the lead in the prosecution. The P4:A law%ers who act as prosecutors in such cases shall be entitled to receive additional allowances as ma% be determined b% the P4:A Administrator. The filin$ of an offense punishable under this Act shall be without pre.udice to the filin$ of cases punishable under other e-istin$ laws& rules or re$ulations. (ECTION 5. Penalties. ' (a" An% person found $uilt% of ille$al recruitment shall suffer the penalt% of imprisonment of not less than twelve (=7" %ears and one (=" da% but not more than twent% (7D" %ears and a fine of not less than 4ne million pesos (P=&DDD&DDD.DD" nor more than Two million pesos (P7&DDD&DDD.DD". (b" The penalt% of life imprisonment and a fine of not less than Two million pesos (P7&DDD&DDD.DD" nor more than )ive million pesos (P;&DDD&DDD.DD" shall be imposed if ille$al recruitment constitutes economic sabota$e as defined therein. Provided& however& that the ma-imum penalt% shall be imposed if the person ille$all% recruited is less than ei$hteen (=@" %ears of a$e or committed b% a non'licensee or non'holder of authorit%.

(c" An% person found $uilt% of an% of the prohibited acts shall suffer the penalt% of imprisonment of not less than si- (1" %ears and one (=" da% but not more than twelve (=7" %ears and a fine of not less than )ive hundred thousand pesos (P;DD&DDD.DD" nor more than 4ne million pesos (P=&DDD&DDD.DD". #f the offender is an alien& he or she shall& in addition to the penalties herein prescribed& be deported without further proceedin$s. #n ever% case& conviction shall cause and carr% the automatic revocation of the license or re$istration of the recruitment*mannin$ a$enc%& lendin$ institutions& trainin$ school or medical clinic. (ECTION 8. Prohibition on 4fficials and :mplo%ees. #t shall be unlawful for an% official or emplo%ee of the Department of >abor and :mplo%ment& the Philippine 4verseas :mplo%ment Administration (P4:A"& or the 4verseas ,orkers ,elfare Administration (4,,A"& or the Department of )orei$n Affairs& or other $overnment a$encies involved in the implementation of this Act& or their relatives within the fourth civil de$ree of consan$uinit% or affinit%& to en$a$e& directl% or indirectl% in the business of recruitin$ mi$rant workers as defined in this Act. The penalties provided in the immediate precedin$ para$raph shall be imposed upon them. (ECTION 0. Eenue. A criminal action arisin$ from ille$al recruitment as defined herein shall be filed with the !e$ional Trial ?ourt of the province or cit% where the offense was committed or where the offended part% actuall% resides at the time of the commission of the offense3 Provided& That the court where the criminal action is first filed shall ac+uire .urisdiction to the e-clusion of other courts3 Provided& however& That the aforestated provisions shall also appl% to those criminal actions that have alread% been filed in court at the time of the effectivit% of this Act. (ECTION 10. 9one% ?laims. 2otwithstandin$ an% provision of law to the contrar%& the >abor Arbiters of the 2ational >abor !elations ?ommission (2>!?" shall have the ori$inal and e-clusive .urisdiction to hear and decide& within ninet% (FD" calendar da%s after the filin$ of the complaint& the claims arisin$ out of an emplo%er' emplo%ee relationship or b% virtue of an% law or contract involvin$ )ilipino workers for overseas deplo%ment includin$ claims for actual& moral& e-emplar% and other forms of dama$e. ?onsistent with this mandate& the 2>!? shall endeavor to update and keep abreast with the developments in the $lobal services industr%. The liabilit% of the principal*emplo%er and the recruitment*placement a$enc% for an% and all claims under this section shall be .oint and several. This provision shall be incorporated in the contract for overseas emplo%ment and shall be a condition precedent for its approval. The performance bond to de filed b% the recruitment*placement a$enc%& as provided b% law& shall be answerable for all mone% claims or dama$es that ma% be awarded to the workers. #f the recruitment*placement a$enc% is a .uridical bein$& the corporate officers and directors and partners as the case ma% be& shall themselves be .ointl% and solidaril% liable with the corporation or partnership for the aforesaid claims and dama$es. Such liabilities shall continue durin$ the entire period or duration of the emplo%ment contract and shall not be affected b% an% substitution& amendment or modification made locall% or in a forei$n countr% of the said contract. An% compromise*amicable settlement or voluntar% a$reement on mone% claims inclusive of dama$es under this section shall be paid within thirt% (0D" da%s from approval of the settlement b% the appropriate authorit%. #n case of termination of overseas emplo%ment without .ust& valid or authori(ed cause as defined b% law or contract& or an% unauthori(ed deductions from the mi$rant worker<s salar%& the worker shall be entitled to the full reimbursement if his placement fee and the deductions made with interest at twelve percent (=7A" per annum& plus his salaries for the une-pired portion of his emplo%ment contract or for three (0" months for ever% %ear of the une-pired term& whichever is less. #n case of a final and e-ecutor% .ud$ement a$ainst a forei$n emplo%er*principal& it shall be automaticall% dis+ualified& without further proceedin$s& from participatin$ in the Philippine 4verseas :mplo%ment Pro$ram and from recruitin$ and hirin$ )ilipino workers until and unless it full% satisfies the .ud$ement award. 2oncompliance with the mandator% periods for resolutions of case provided under this section shall sub.ect the responsible officials to an% or all of the followin$ penalties3 (a" The salar% of an% 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 complies therewith (b" Suspension for not more than ninet% (FD" da%s or (c" Dismissal from the service with dis+ualification to hold an% appointive public office for five (;" %ears.

Provided, however, That the penalties herein provided shall be without pre.udice to an% liabilit% which an% such official ma% have incurred under other e-istin$ laws or rules and re$ulations as a conse+uence of violatin$ the provisions of this para$raph. (ECTION 11. 9andator% Periods for !esolution of #lle$al !ecruitment ?ases. The preliminar% investi$ations of cases under this Act shall be terminated within a period of thirt% (0D" calendar da%s from the date of their filin$. ,here the preliminar% investi$ation is conducted b% a prosecution officer and a prima facie case is established& the correspondin$ information shall be filed in court within twent%'four (78" hours from the termination of the investi$ation. #f the preliminar% investi$ation is conducted b% a .ud$e and a prima facie case is found to e-ist& the correspondin$ information shall be filed b% the proper prosecution officer within fort%'ei$ht (8@" hours from the date of receipt of the records of the case. (ECTION 12. Prescriptive Periods. #lle$al recruitment cases under this Act shall prescribe in five (;" %ears3 Provided& however& that ille$al recruitment cases involvin$ economic sabota$e as defined herein shall prescribe in twent% (7D" %ears. (ECTION. =0. )ree >e$al Assistance Preferential :ntitlement Gnder the ,itness Protection Pro$ram. A mechanism for free le$al assistance for victims of ille$al recruitment shall be established in the anti'ille$al recruitment branch of the P4:A includin$ its re$ional offices. Such mechanism shall include coordination and cooperation with the Department of Custice& the #nte$rated Bar of the Philippines& and other non'$overnmental or$ani(ations and volunteer $roups. The provisions of !epublic Act 2o. 1F@= to the contrar% notwithstandin$& an% person who is a victim of ille$al recruitment shall be entitled to the ,itness Protection Pro$ram provided thereunder. III. (ER.ICE( (ECTION 14. Travel Advisor%*#nformation Dissemination. To $ive utmost priorit% to the establishment of pro$rams and services to prevent ille$al recruitment& fraud and e-ploitation or abuse of )ilipino mi$rant workers& all embassies and consular offices& throu$h the Philippine 4verseas :mplo%ment Administration (P4:A"& shall issue travel advisories or disseminate information on labor and emplo%ment conditions& mi$ration realities and other facts and adherence of particular countries to international standards on human and workers< ri$hts which will ade+uatel% prepare individuals into makin$ informed and intelli$ent decisions about overseas emplo%ment. Such advisor% or information shall be published in a newspaper of $eneral circulation at least three (0" times in ever% +uarter. (ECTION 11. !epatriation of ,orkers :mer$enc% !epatriation )und. The repatriation of the worker and the transport of his personal belon$in$s shall be the primar% responsibilit% of the a$enc% which recruited or deplo%ed the worker overseas. All costs attendant to repatriation shall be borne b% or char$ed to the a$enc% concerned and*or its principal. >ikewise& the repatriation of remains and transport of the personal belon$in$s of a deceased worker and all costs attendant thereto shall be borne b% the principal and*or the local a$enc%. However& in cases where the termination of emplo%ment is due solel% to the fault of the worker& the principal*emplo%er or a$enc% shall not in an% manner be responsible for the repatriation of the former and*or his belon$in$s. The 4verseas ,orkers ,elfare Administration (4,,A"& in coordination with appropriate international a$encies& shall undertake the repatriation of workers in cases of war& epidemic& disaster or calamities& natural or man'made& and other similar events without pre.udice to reimbursement b% the responsible principal or a$enc%. However& in cases where the principal or recruitment a$enc% cannot be identified& all costs attendant to repatriation shall be borne b% the 4,,A. )or this purpose& there is hereb% created and established an emer$enc% repatriation fund under the administration& control and supervision of the 4,,A& initiall% to consist of 4ne hundred million pesos (P=DD&DDD&DDD.DD"& which shall be taken from the e-istin$ fund controlled and administered b% the 4,,A. Thereafter& such fund shall be provided for in the /eneral Appropriations Act from %ear to %ear3 Provided& That the amount appropriated shall in no case be less than 4ne hundred million pesos (P=DD&DDD&DDD.DD"& inclusive of outstandin$ balances. (ECTION 14. 9andator% !epatriation of Gndera$e 9i$rant ,orkers. Gpon discover% or bein$ informed of the presence of mi$rant workers whose a$es fall below the minimum a$e re+uirement for overseas deplo%ment& the responsible officers in the forei$n service shall without dela% repatriate said workers and advise the Department of )orei$n Affairs throu$h the fastest means of communication available of such discover% and other relevant

information. The license of a recruitment*mannin$ a$enc% which recruited or deplo%ed an undera$e mi$rant worker shall be automaticall% revoked and shall be imposed a fine of not less than )ive hundred thousand pesos (Php ;DD&DDD.DD" but not more than 4ne million pesos (Php =&DDD&DDD.DD". All fees pertinent to the processin$ of papers or documents in the recruitment or deplo%ment shall be refunded in full b% the responsible recruitment*mannin$ a$enc%& without need of notice& to the undera$e mi$rant worker or to his parents or $uardian. The refund shall be independent of and in addition to the indemnification for the dama$es sustained b% the undera$e mi$rant worker. The refund shall be paid within thirt% (0D" da%s from the date of the mandator% repatriation as provided for in this Act. (ECTION 15. :stablishment of 2ational !einte$ration ?enter for 4verseas )ilipino ,orkers. A national reinte$ration center for overseas )ilipino workers (2!?4" is hereb% created in the Department of >abor and :mplo%ment for returnin$ )ilipino mi$rant workers which shall provide a mechanism for their reinte$ration into the Philippine societ%& serve as a promotion house for their local emplo%ment& and tap their skills and potentials for national development. The Department of >abor and :mplo%ment& the 4verseas ,orkers ,elfare Administration (4,,A"& and the Philippine 4verseas :mplo%ment Administration (P4:A" shall& within ninet% (FD" da%s from the effectivit% of this Act& formulate a pro$ram that would motivate mi$rant workers to plan for productive options such as entr% into hi$hl% technical .obs or undertakin$s& livelihood and entrepreneurial development& better wa$e emplo%ment& and investment of savin$s. )or this purpose& the Technical :ducation and Skills Development Authorit% (T:SDA"& the Technolo$% >ivelihood !esource ?enter (T>!?"& and other $overnment a$encies involved in trainin$ and livelihood development shall $ive priorit% to returnees who had been emplo%ed as domestic helpers and entertainers. (ECTION 18. )unctions of the 2ational !einte$ration ?enter for 4verseas )ilipino ,orkers. The ?enter shall provide the followin$ services3 (a" Develop and support pro$rams and pro.ects for livelihood& entrepreneurship& savin$s& investments and financial literac% for returnin$ )ilipino mi$rant workers and their families in coordination with relevant stakeholders& service providers and international or$ani(ations (b" ?oordinate with appropriate stakeholders& service providers and relevant international or$ani(ations for the promotion& development and the full utili(ation of overseas )ilipino worker returnees and their potentials (c" #nstitute& in cooperation with other $overnment a$encies concerned& a computer'based information s%stem on returnin$ )ilipino mi$rant workers shall be accessible to all local recruitment a$encies and emplo%ers& both public and private (d" Proved a periodic stud% and assessment of .ob opportunities for returnin$ )ilipino mi$rant workers (e" Develop and implement other appropriate pro$rams to promote the welfare of returnin$ )ilipino mi$rant workers (f" 9aintain an internet'based communication s%stem for on'line re$istration and interaction with clients& and maintain and up$rade computer'based service capabilities of the 2!?4 ($" Develop capacit%'buildin$ pro$rams for returnin$ overseas )ilipino workers and their families& implementers& service providers& and stakeholders and (h" ?onduct research for polic% recommendations and pro$ram development. (ECTION 10. :stablishment of a 9i$rant ,orkers and other 4verseas )ilipinos !esource ?enter. ,ithin the premises and under the administrative .urisdiction of the Philippine :mbass% in countries where there are lar$e concentrations of )ilipino mi$rant workers& there shall be established a 9i$rant ,orkers and 4ther 4verseas )ilipinos !esource ?enter with the followin$ services3 (a" ?ounsellin$ and le$al services (b" ,elfare assistance includin$ the procurement of medical and hospitali(ation services

(c" #nformation& advisor% and pro$rams to promote social inte$ration such as post'arrival orientation& settlement and communit% networkin$ services and activities for social interaction (d" #nstitute a scheme of re$istration of undocumented workers to brin$ them within the purview of this Act. )or this purpose& the ?enter is en.oined to compel e-istin$ undocumented workers to re$ister with it within si- (1" months from the effectivit% of this Act& under pain of havin$ his*her passport cancelled (e" Human resource development& such as trainin$ and skills up$radin$ (f" /ender sensitive pro$ram and activities to assist particular needs of women mi$rant workers ($" 4rientation pro$ram for returnin$ worker and other mi$rants and (h" 9onitorin$ of dail% situations& circumstances and activities affectin$ mi$rant workers and other overseas )ilipinos. The establishment and operations of the ?enter shall be a .oint undertakin$ of the various $overnment a$encies. The ?enter shall be open for twent%'four (78" hours dail% includin$ Saturda%s& Sunda%s and holida%s& and shall be staffed b% )orei$n Service personnel& service attaches or officers who represent other Philippine $overnment a$encies abroad and& if available& individual volunteers and bona fide non'$overnment or$ani(ations from the host countries. #n countries cate$ori(ed as hi$hl% problematic b% the Department of )orei$n Affairs and the Department of >abor and :mplo%ment and where there is a concentration of )ilipino mi$rant workers& the $overnment must provide a Sharia or human ri$hts law%er& a ps%cholo$ist and a social worker for the ?enter. #n addition to these personnel& the $overnment must also hire within the receivin$ countr%& in such number as ma% be needed b% the post& public relation officers or case officers who are conversant& orall% and in writin$& with the local lan$ua$e& laws& customs and practices. The >abor Attache shall coordinate the operation of the ?enter and shall keep the ?hief of 9ission informed and updated on all matters affectin$ it. (ECTION 20. Establishment of a Shared Government Information System for Migration. An intera$enc% committee composed of the Department of )orei$n Affairs and its attached a$enc%& the ?ommission on )ilipinos 4verseas& the Department of >abor and :mplo%ment and its attached concerned a$encies& the Department of Tourism& the Department of Custice the Bureau of #mmi$ration& the 2ational Bureau of #nvesti$ation& the Department of the #nterior and >ocal /overnment& the 2ational Telecommunications ?ommission& the ?ommission on #nformation and ?ommunications Technolo$%& the 2ational ?omputer ?enter& the 2ational Statistical and ?oordination Board& the 2ational Statistics 4ffice and other $overnment a$encies concerned with overseas emplo%ment shall be established to implement a shared $overnment information s%stem for mi$ration. The intera$enc% committee shall initiall% make available to itself the information contained in e-istin$ data bases*files. The second phase shall involve linka$in$ of computer facilities on order to allow free'flow data e-chan$es and sharin$ amon$ concerned a$encies. The inter'a$enc% committee shall be co'chaired b% the Department of )orei$n Affairs and the Department of >abor and :mplo%ment. The 2ational ?omputer ?enter shall provide the necessar% technical assistance and shall set the appropriate information and communications technolo$% standards to facilitate the sharin$ of information amon$ the member a$encies. The inter'a$enc% committee shall meet re$ularl% to ensure the immediate and full implementation of this section and shall e-plore the possibilit% settin$ up a central stora$e facilit% for the data on mi$ration. The pro$ress of the implementation of this section shall be included in the report to ?on$ress of the Department of )orei$n Affairs and the Department of >abor and :mplo%ment under Section 00. The inter'a$enc% committee shall convene to identif% e-istin$ data bases which shall be declassified and shared amon$ member a$encies. These shared data bases shall initiall% include& but not be limited to& the followin$ information3 (a" 9asterlists of )ilipino mi$rant workers*overseas )ilipino classified accordin$ to occupation*.ob cate$or%& civil status& b% countr%*state of destination includin$ visa classification (b" #nventor% of pendin$ le$al cases involvin$ )ilipino mi$rant workers and other )ilipino nationals& includin$ those servin$ prison terms (c" 9asterlists of departin$*arrivin$ )ilipinos

(d" Statistical profile on )ilipino mi$rant workers*overseas )ilipinos*tourists (e" Blacklisted forei$ners*undesirable aliens (f" Basic data on le$al s%stems& immi$ration policies& marria$e laws and civil and criminal codes in receivin$ countries particularl% those with lar$e numbers of )ilipinos ($" >ist of >abor and other human ri$hts instruments where receivin$ countries are si$natories (h" A trackin$ s%stem of past and present $ender disa$$re$ated cases involvin$ male and female mi$rant workers& includin$ minors and (i" >istin$ of overseas posts which ma% render assistance to overseas )ilipinos& in $eneral& and mi$rant workers& in particular. (ECTION 21. 9i$rant ,orkers >oan /uarantee )und. #n order to further prevent unscrupulous ille$al recruiters from takin$ advanta$e of workers seekin$ emplo%ment abroad& the 4,,A& in coordination with $overnment financial institutions& shall institute financin$ schemes that will e-pand the $rant of pre'departure loan and famil% assistance loan. )or this purpose& a 9i$rant ,orkers >oan /uarantee )und is hereb% created and the revolvin$ amount of 4ne hundred million pesos (P=DD&DDD&DDD.DD" from the 4,,A is set aside as a $uarantee fund in favor of participatin$ $overnment financial institutions. (ECTION 22. !i$hts and :nforcement 9echanism Gnder #nternational and !e$ional Human !i$hts S%stems. The Department of )orei$n Affairs is mandated to undertake the necessar% initiative such as promotions& acceptance or adherence of countries receivin$ )ilipino workers to multilateral convention& declaration or resolutions pertainin$ to the protection of mi$rant workers< ri$hts. The Department of )orei$n Affairs is also mandated to make an assessment of ri$hts and avenues of redress under international and re$ional human ri$hts s%stems that are available to )ilipino mi$rant workers who are victims of abuse and violation and& as far as practicable and throu$h the >e$al Assistant for 9i$rant ,orkers Affairs created under this Act& pursue the same on behalf of the victim if it is le$all% impossible to file individual complaints. #f a complaints machiner% is available under international or re$ional s%stems& the Department of )orei$n Affairs shall full% apprise the )ilipino mi$rant workers of the e-istence and effectiveness of such le$al options. I.. *O.ERN"ENT A*ENCIE( S:?T#42 70. !ole of /overnment A$encies. The followin$ $overnment a$encies shall perform the followin$ to promote the welfare and protect the ri$hts of mi$rant workers and& as far as applicable& all overseas )ilipinos3 (a" Department of )orei$n Affairs The Department& throu$h its home office or forei$n posts& shall take priorit% action or make representation with the forei$n authorit% concerned to protect the ri$hts of mi$rant workers and other overseas )ilipinos and e-tend immediate assistance includin$ the repatriation of distressed or belea$uered mi$rant workers and other overseas )ilipinos (b" Department of >abor and :mplo%ment The Department of >abor and :mplo%ment shall see to it that labor and social welfare laws in the forei$n countries are fairl% applied to mi$rant workers and whenever applicable& to other overseas )ilipinos includin$ the $rant of le$al assistance and the referral to proper medical centers or hospitals3 (b.=" Philippine 4verseas :mplo%ment Administration. The Administration shall re$ulate private sector participation in the recruitment and overseas placement of workers b% settin$ up a licensin$ and re$istration s%stem. #t shall also formulate and implement& in coordination with appropriate entities concerned& when necessar%& a s%stem for promotin$ and monitorin$ the overseas emplo%ment of )ilipino workers takin$ into consideration their welfare and the domestic manpower re+uirements. #t shall be responsible for the re$ulation and mana$ement of overseas emplo%ment from the pre'emplo%ment sta$e& securin$ the best possible emplo%ment terms and conditions for overseas )ilipino workers& and takin$ into consideration the needs of vulnerable sectors and the peculiarities of sea'based and land'based workers. #n appropriate cases& the Administration shall allow the liftin$ of suspension of errin$ recruitment*mannin$ a$encies upon the pa%ment of fine of )ift% thousand pesos (P;D&DDD.DD" for ever% month of suspension. #n addition to its powers and functions& the Administration shall inform mi$rant workers not onl% of their ri$hts as workers but also of their ri$hts as human bein$s& instruct and $uide the workers how to assert their ri$hts and provide the available mechanism to redress violation of their ri$hts. #t shall also be responsible for the implementation& in partnership with other law'enforcement a$encies& of an intensified pro$ram a$ainst ille$al

recruitment activities. )or this purpose& the P4:A shall provide comprehensive Pre':mplo%ment 4rientation Seminars (P:4S" that will discuss topics such as prevention of ille$al recruitment and $ender'sensitivit%. The Administration shall not en$a$e in the recruitment and placement of overseas workers e-cept on a $overnment'to'$overnment arran$ement onl%. #n the recruitment and placement of workers to service the re+uirements for trained and competent )ilipino workers of forei$n $overnments and their instrumentalit%s& and such other emplo%ers as public interests ma% re+uire& the Administration shall deplo% onl% to countries where the Philippine has conclude bilateral labor a$reements or arran$ements3 Provided, That such countries shall $uarantee to protect the ri$hts of )ilipino mi$rant workers and Provided, further, That such countries shall observe and*or compl% with the international laws and standards for mi$rant workers. (b.7" 4verseas ,orkers ,elfare Administration. The ,elfare officer of in his absence& the coordinatin$ officer shall provide the )ilipino mi$rant worker and his famil% all the assistance the% ma% need in the enforcement of contractual obli$ations b% a$encies or entities and*or b% their principals. #n the performance of this function& he shall make representation and ma% call on the a$encies or entities concerned to conferences or conciliation meetin$s for the purpose of settlin$ the compliance or problems brou$ht to his attention. The 4,,A shall likewise formulate and implement welfare pro$rams for overseas )ilipino workers and their families while the% are abroad and upon their return. #t shall ensure the awareness b% the overseas )ilipino workers and their families of these pro$rams and other related $overnmental pro$rams. #n the repatriation of workers to be undertaken b% 4,,A& the latter shall be authori(ed to pa% repatriation'related e-penses& such as fines or penalties& sub.ect to such $uidelines as the 4,,A Board of Trustees ma% prescribe. (c" Department of Health. The Department of Health (D4H" shall re$ulate the activities and operations of all clinics which conduct medical& ph%sical& optical& dental& ps%cholo$ical and other similar e-aminations& hereinafter referred to as health e-aminations& on )ilipino mi$rant workers as re+uirement for their overseas emplo%ment. Pursuant to this& the D4H shall ensure that3 (c.=" The fees for the health e-aminations are re$ulated& re$ularl% monitored and dul% published to ensure that the said fees are reasonable and not e-orbitant (c.7" The )ilipino mi$rant worker shall onl% be re+uired to under$o health e-aminations when there is reasonable certaint% that he or she will be hired and deplo%ed to the .obsite and onl% those health e-aminations which are absolutel% necessar% for the t%pe of .ob applied for or those specificall% re+uired b% the forei$n emplo%er shall be conducted (c.0" 2o $roup or $roups of medical clinics shall have a monopol% of e-clusivel% conductin$ health e-aminations on mi$rant workers for certain receivin$ countries (c.8" :ver% )ilipino mi$rant worker shall have the freedom to choose an% of the D4H'accredited or D4H'operated clinics that will conduct his*her health e-aminations and that his or her ri$hts as a patient are respected. The deckin$ practice& which re+uires an overseas )ilipino worker to $o first to an office for re$istration and then farmed out to a medical clinic located elsewhere& shall not be allowed (c.;" ,ithin a period of three (0" %ears from the effectivit% of this Act& all D4H re$ional and*or provincial hospitals shall establish and operate clinics that can be serve the health e-amination re+uirements of )ilipino mi$rant workers to provide them eas% access to such clinics all over the countr% and lessen their transportation and lod$in$ e-penses and (c.1" All D4H'accredited medical clinics& includin$ the D4H'operated clinics& conductin$ health e-aminations for )ilipino mi$rant workers shall observe the same standard operatin$ procedures and shall compl% with internationall%'accepted standards in their operations to conform with the re+uirements of receivin$ countries or of forei$n emplo%ers*principals. An% )orei$n emplo%er who does not honor the results of valid health e-aminations conducted b% a D4H' accredited or D4H'operated clinic shall be temporaril% dis+ualified from the participatin$ in the overseas emplo%ment pro$ram& pursuant to P4:A rules and re$ulations.

#n case an overseas )ilipino worker is found to be not medicall% fit upon his*her immediate arrival in the countr% of destination& the medical clinic that conducted the health e-amination*s of such overseas )ilipino worker shall pa% for his or her repatriation back to the Philippines and the cost of deplo%ment of such worker. An% $overnment official or emplo%ee who violates an% provision of this subsection shall be removed or dismissed from service with dis+ualification to hold an% appointive public office for five(;" %ears. Such penalt% is without pre.udice to an% other liabilit% which he or she ma% have incurred under e-istin$ laws& rules or re$ulations. (d" >ocal /overnment Gnits. #n the fi$ht a$ainst ille$al recruitment& the local $overnment units (>/Gs"& in partnership with the P4:A& other concerned $overnment a$encies& and non'$overnment or$ani(ations advocatin$ the ri$hts and welfare of overseas )ilipino workers& shall take a proactive stance b% bein$ primaril% responsible for the dissemination of information to their constituents on all aspects of overseas emplo%ment. To carr% out this task& the followin$ shall be undertaken b% the >/Gs3 (d.=" Provide a venue for the P4:A& other concerned $overnment a$encies and non'$overnment or$ani(ations to conduct P:4S to their constituents on a re$ular basis (d.7" :stablish overseas )ilipino worker help desk or kiosk in their localities with the ob.ective of providin$ current information to their constituents on all the processes aspects of overseas emplo%ment. Such desk or kiosk shall& as be linked to the database of all concerned $overnment a$encies& particularl% the P4:A for its updated lists of overseas .ob orders and licensed recruitment a$encies in $ood standin$. .. T+E LE*AL A((I(TANT /OR "I*RANT ,OR-ER( A//AIR( (ECTION 24. >e$al Assistant for 9i$rant ,orkers Affairs. There is hereb% created the position of >e$al Assistant for 9i$rant ,orkers Affairs under the Department of )orei$n Affairs who shall be primaril% responsible for the provision and overall coordination of all le$al assistance services to be provided to )ilipino mi$rant workers as well as overseas )ilipinos in distress. He shall have the rank& salar% and privile$es e+ual to that of an undersecretar% of said Department. The said >e$al Assistant for 9i$rant ,orkers Affairs& shall be appointed b% the President and must be of proven competence in the field of law with at least ten (=D" %ears of e-perience as a le$al practitioner and must not have been a candidate to an elective office in the last local or national elections. Amon$ the functions and responsibilities of the aforesaid >e$al Assistant are3 (a" To issue the $uidelines& procedures and criteria for the provision of le$al assistance services to )ilipino mi$rant workers (b" To establish close linka$es with the Department of >abor and :mplo%ment& the P4:A& the 4,,A and other $overnment a$encies concerned& as well as with non'$overnmental or$ani(ations assistin$ mi$rant workers& to ensure effective coordination and cooperation in the provision of le$al assistance to mi$rant workers ( c " To tap the assistance of reputable law firms& the #nte$rated Bar of the Philippines& other bar associations and other $overnment le$al e-perts on overseas )ilipino worker laws to complement the $overnment<s efforts to provide le$al assistance to our mi$rant workers (d" To administer the le$al assistance fund for mi$rant workers established under Section 7; thereof and to authori(e disbursements therefrom in accordance with the purposes for which the fund was set up and (e" To keep and maintain the information s%stem as provided in Section 7D. The >e$al Assistant for 9i$rant ,orkers Affairs shall have authorit% to hire private law%ers& domestic or forei$n& in order to assist him in the effective dischar$e of the above functions. (ECTION 21. >e$al Assistance )und. There is herb% established a le$al assistance fund for mi$rant workers& hereinafter referred to as the >e$al Assistance )und& in the amount of one hundred million pesos (P=DD&DDD&DDD.DD" to be constituted from the followin$ sources. )ift% million pesos (;D&DDD&DDD.DD" from the ?ontin$enc% )und of the President Thirt% million pesos (0D&DDD&DDD.DD" from the ?ontin$enc% )und of the President Social )und

Twent% million pesos (7D&DDD&DDD.DD" from the ,elfare )und for 4verseas ,orkers established under >etter of #nstructions 2o. ;0B as amended b% Presidential Decree 2os. =1F8 and =@DF and An amount appropriated in the annual /eneral Appropriations Act (/AA" which shall not be less than Thirt% million pesos (0D&DDD&DDD.DD" per %ear3 Provided& that the balance of the >e$al Assistance )und (>A)" includin$ the amount appropriated for the %ear shall not be less than 4ne hundred million pesos (P=DD&DDD&DDD.DD" 3 Provided& further& That the fund shall be treated as a special fund in the 2ational Treasur% and its balance& includin$ the amount appropriated in the /AA& which shall form part of the )und& shall not revert to the /eneral )und. An% balances of e-istin$ funds which have been set aside b% the $overnment specificall% as le$al assistance or defense fund to help mi$rant workers shall upon effectivit% of this Act& be turned over to& and form part of& the )und created under this Act. (ECTION 24. Gses of the >e$al Assistance )und . The >e$al Assistance )und created under the precedin$ section shall be used e-clusivel%1 to provide le$al services to mi$rant workers and overseas )ilipinos in distress in accordance with the $uidelines& criteria and procedures promul$ated in accordance with Section 78 ( a " herof. The e-penditures to be char$ed a$ainst the )und shall include the fees for the forei$n law%ers to be hired b% the >e$al Assistant for 9i$rant ,orkers Affairs to represent mi$rant workers facin$ char$es or in filin$ cases a$ainst errin$ or abusive emplo%ers abroad& bail bonds to secure the temporar% releases and other liti$ation e-penses3 Provided, That at the end of ever% %ear& the Department of )orei$n Affairs shall include in its report to ?on$ress& as provided for under Section 00 of this Act& the status of the >e$al Assistance )und& includin$ the e-penditures from the said fund dul% audited b% the ?ommission on Audit (?4A"3 Provided, further, that the hirin$ of forei$n le$al counsels& when circumstances warrant ur$ent action& shall be e-empt from the covera$e of !epublic Act 2o. F=@8 or the /overnment Procurement Act. .I. COUNTR2-TEA" APPROAC+ (ECTION 25. Priorit% ?oncerns of Philippine )orei$n Service Posts. The countr%'team approach& as enunciated under :-ecutive 4rder 2o. B8& series of =FF0& shall be the mode under which Philippine embassies or their personnel will operate in the protection of the )ilipino mi$rant workers as well as in the promotion of their welfare. The protection of the )ilipino mi$rant workers and the promotion of their welfare& in particular& and the protection of the di$nit% and fundamental ri$hts and freedoms of the )ilipino citi(en abroad& in $eneral& shall be the hi$hest priorit% concerns of the Secretar% of )orei$n Affairs and the Philippine )orei$n Service Posts. (ECTION 28. ?ountr% 'Team Approach. Gnder the countr%'team approach& all officers& representatives and personnel of the Philippine $overnment posted abroad re$ardless of their mother a$encies shall& on a per countr% basis& act as one countr%'team with a mission under the leadership of the ambassador. #n this re$ard the ambassador ma% recommend to the Secretar% of the Department of )orei$n Affairs the recall of officers& representatives and personnel of the Philippine $overnment posted abroad for acts inimical to the national interest such as& but not limited to& failure to provide the necessar% services to protect the ri$hts of overseas )ilipinos. Gpon receipt of the recommendation of the ambassador& the Secretar% of the Department of )orei$n Affairs shall& in the case of officers& representatives and personnel of other departments& endorse such recommendation to the department secretar% concerned for appropriate action. Pendin$ investi$ation b% an appropriate bod% in the Philippines& the person recommended for recall ma% be placed under preventive suspension b% the ambassador. #n host countries where there are Philippine consulates& such consulates shall also constitute part of the countr%' team under the leadership of the ambassador. #n the implementation of the countr%'team approach& visitin$ Philippine dele$ations shall be provided full support and information. .II. )ERE*ULATION AN) P+A(E-OUT S:?T#42 7F. ?omprehensive Dere$ulation Plan on !ecruitment Activities. Pursuant to a pro$ressive polic% of dere$ulation whereb% the mi$ration of workers becomes strictl% a matter between the worker and his forei$n emplo%er& the D4>:& within one (=" %ear from the effectivit% of this Act& is hereb% mandated to formulate a five' %ear comprehensive dere$ulation plan on recruitment activities takin$ into account labor market trends& economic conditions of the countr% and emer$in$ circumstances which ma% affect the welfare of mi$rant workers.

S:?T#42 0D. /radual Phase'out of !e$ulator% )unctions. ,ithin a period of five (;" %ears from the effectivit% of this Act& the D4>: shall phase'out the re$ulator% functions of the P4:A pursuant to the ob.ectives of dere$ulation. .III. PRO/E((IONAL AN) OT+ER +I*+L2-(-ILLE) /ILIPINO( ABROA) (ECTION 31. #ncentives to Professionals and 4ther Hi$hl%'Skilled )ilipinos Abroad. Pursuant to the ob.ective of encoura$in$ professionals and other hi$hl%'skilled )ilipinos abroad especiall% in the field of science and technolo$% to participate in& and contribute to national development& the $overnment shall provide proper and ade+uate incentives and pro$rams so as to secure their services in priorit% development areas of the public and private sectors. I6. "I(CELLANEOU( PRO.I(ION( (ECTION 32. P4:A& 4,,A and other Boards Additional 9emberships. 2otwithstandin$ an% provision of law to the contrar%& the respective Boards of the P4:A and the 4,,A shall& in addition to their present composition& have three (0" members each who shall come from the women& sea'based and land'based sectors respectivel%& to be selected and nominated openl% b% the $eneral membership of the sector bein$ represented. The selection and nomination of the additional members from the women& sea'based and land'based sectors shall be $overned b% the followin$ $uidelines3 (a" The P4:A and the 4,,A shall launch a massive information campai$n on the selection of nominees and provide for a s%stem of consultative sessions for the certified leaders or representatives of the concerned sectors& at least three (0" times& within ninet% (FD" da%s before the boards shall be convened& for purposes of selection. The process shall be open& democratic and transparent (b" 4nl% non'$overnment or$ani(ations that protect and promote the ri$hts and welfare of overseas )ilipino workers& dul% re$istered with the appropriate Philippine $overnment a$enc% and in $ood standin$ as such& and in e-istence for at least three (0" %ears prior to the nomination shall be +ualified to nominate a representative for each sector to the Board (c" The nominee must be at least twent%'five (7;" %ears of a$e& able to read and write& and a mi$rant worker at the time of his or her nomination or was a mi$rant worker with at least three (0" %ears e-perience as such and (d" A final list of all the nominees selected b% the 4,,A*P4:A $overnin$ boards& which shall consist of three(0" names for each sector to be represented& shall be submitted to the President and published in a newspaper of $eneral circulation ,ithin thirt% (0D" da%s from the submission of the list& the President shall select and appoint from the list& the representatives to the P4:A*4,,A $overnin$ boards. The additional members shall have a term of three (0" %ears and shall be eli$ible for reappointment for another three (0" %ears. #n case of vacanc%& the President shall in accordance with the provisions of this Act& appoint a replacement who shall serve the une-pired term of his or her predecessor. An% e-ecutive issuances or orders issued that contravene the provisions of this section shall have no force and effect. All other $overnment a$encies and $overnment'owned or controlled corporations which re+uire at least one (=" representative from the overseas workers sector to their respective boards shall follow all the applicable provisions of this section. (ECTION 33. !eport to ?on$ress. #n order to inform the Philippine ?on$ress on the implementation of the polic% enunciated in Section 8 hereof& the Department of )orei$n Affairs and the Department of >abor and :mplo%ment shall submit separatel% to the said bod% a semi'annual report of Philippine forei$n posts located in countries hostin$ )ilipino mi$rant workers. The mid'%ear report coverin$ the period Canuar% to Cune shall be submitted not later than 4ctober 0= of the same %ear while the %ear'end report coverin$ the period Cul% to December shall be submitted not later than 9a% 0= of the followin$ %ear. The report shall include& but shall not limited to& the followin$ information3

(a" 9asterlist of )ilipino mi$rant workers& and inventor% of pendin$ le$al cases involvin$ them and other )ilipino nationals includin$ those servin$ prison terms (b" ,orkin$ conditions of )ilipino mi$rant workers (c" Problems encountered b% the mi$rant workers& specificall% violations of their ri$hts (d" #nitiatives*actions taken b% the Philippine forei$n posts to address the problems of )ilipino mi$rant workers (e" ?han$es in the laws and policies of host countries and (f" Status of ne$otiations on bilateral labor a$reements between the Philippines and the host countr%. An% officer of the $overnment who fails to submit the report as stated in this section shall be sub.ect to an administrative penalt% of dismissal from the service with dis+ualification to hold an% appointive public office for five (;" %ears. (ECTION 34. !epresentation in ?on$ress. Pursuant to Section ;(7"& Article E# of the ?onstitution and in line with the ob.ective of empowerin$ overseas )ilipinos to participate in the polic% makin$ process to address )ilipino mi$rant concerns& two (7" sectoral representatives for mi$rant workers in the House of !epresentatives shall be appointed b% the President from the ranks of mi$rant workers3 Provided& That at least one (=" of the two (7" sectoral representatives shall come from the women mi$rant workers sector3 Provided& further& That all nominees must have at least two (7" %ears e-perience as a mi$rant worker. (ECTION 31. :-emption from Travel Ta- Documentar% Stamp and Airport )ee. All laws to the contrar% notwithstandin$& the mi$rant workers shall be e-empt from the pa%ment of travel ta- and airport'fee upon proper showin$ of proof entitlement b% the P4:A. The remittances of all overseas )ilipino workers& upon showin$ of the same proof of entitlement b% the overseas )ilipino worker<s beneficiar% or recipient& shall be e-empt from the pa%ment of documentar% stamp ta-. (ECTION 34. 2on'increase of )ees Abolition of !epatriation Bond. Gpon approval of this Act& all fees bein$ char$ed b% an% $overnment office on mi$rant workers shall remain at their present levels and the repatriation bond shall be abolished. S:?T#42 0B. The ?on$ressional 9i$rant ,orkers Scholarship )und. There is hereb% created a ?on$ressional 9i$rant ,orkers Scholarship )und which shall benefit deservin$ mi$rant workers and*or their immediate descendants below twent%'one (7=" %ears of a$e who intend to pursue courses or trainin$ primaril% in the field of science and technolo$%. The initial seed fund of Two hundred million pesos (P7DD&DDD&DDD.DD" shall be constituted from the followin$ sources3 (a" )ift% million pesos (P;D&DDD&DDD.DD" from the une-pended ?ountr%wide Development )und for =FF; in e+ual sharin$ b% all 9embers of ?on$ress and (b" The remainin$ 4ne hundred fift% million pesos (P=;D&DDD&DDD.DD" shall be funded from the proceeds of >otto draws. The ?on$ressional 9i$rant ,orkers Scholarship )und as herein created shall be administered b% the D4>: in coordination with the Department of Science and Technolo$% (D4ST". To carr% out the ob.ectives of this section& the D4>: and the D4ST shall formulate the necessar% rules and re$ulations. S:?T#42 0@. Appropriation and 4ther Sources of )undin$. The amount necessar% to carr% out the provisions of this Act shall be provided for in the /eneral Appropriations Act of the %ear followin$ its enactment into law and thereafter. (ECTION 35-A. Compulsory Insurance Coverage for gency!"ired #or$ers. #n addition to the performance bond to be filed b% the recruitment*mannin$ a$enc% under Section =D& each mi$rant worker deplo%ed b% a recruitment*mannin$ a$enc% shall be covered b% a compulsor% insurance polic% which shall be secured at no cost to the said worker. Such insurance polic% shall be effective for the duration of the mi$rant worker s emplo%ment and shall cover& at the minimum3 (a" Accidental death& with at least )ifteen thousand Gnited States dollars (GSI=D&DDD.DD" survivor<s benefit pa%able to the mi$rant workers beneficiaries (c" Permanent total disablement& with at least Seven thousand five hundred Gnited States dollars (GSIB&;DD.DD" disabilit% benefit pa%able to the mi$rant worker. The followin$ disabilities shall be deemed permanent3 total&

complete loss of si$ht of both e%es loss of two(7" limbs at or above the ankles or wrists permanent complete paral%sis of two (7" limbs brain in.ur% resultin$ to incurable imbecilit% or insanit% (d" !epatriation cost of the worker when his*her emplo%ment is terminated without an% valid cause& includin$ the transport of his or her personal belon$in$s. #n case of death& the insurance provider shall arran$e and pa% for the repatriation or return of the workers remains. The insurance provider shall also render an% assistance necessar% in the transport includin$& but not limited to& locatin$ a local licensed funeral home& mortuar% or direct disposition facilit% to prepare the bod% for transport& completin$ all documentation& obtainin$ le$al clearances& procurin$ consular services& providin$ necessar% casket or air transport container& as well as transportin$ the remains includin$ retrieval from site of death and deliver% to the receivin$ funeral home (e" Subsistence allowance benefit& with at least 4ne hundred Gnited States dollars (GSI=DD.DD" Per month for a ma-imum of si- (1" months for a mi$rant worker who is involved in a case or liti$ation for the protection of his*her ri$hts in the receivin$ countr% (f" 9one% claims arisin$ from emplo%ers liabilit% which ma% be awarded or $iven to the worker in a .ud$ment or settlement of his or her case in the 2>!?. The insurance covera$e for mone% claims shall be e+uivalent to at least three (0" months for ever% %ear of the mi$rant worker<s emplo%ment contract #n addition to the above covera$e& the insurance polic% shall also include3 ($" ?ompassionate visit. ,hen a mi$rant worker is hospitali(ed and has been confined for at least seven (B" consecutive da%s& he shall be entitled to a compassionate visit b% one (=" famil% member or a re+uested individual. The insurance compan% shall pa% for the transportation cost of the famil% member or re+uested individual to the ma.or airport closest to the place of hospitali(ation of the worker. #t is& however& the responsibilit% of the famil% member or re+uested individual to meet all visa and travel document re+uirements (h" 9edical evacuation. ,hen an ade+uate medical facilit% is not available pro-imate to the mi$rant worker& as determined b% the insurance compan%<s ph%sician and*or a consultin$ ph%sician& evacuation under appropriate medical supervision b% the mode of transport necessar% shall be undertaken b% the insurance provider and (i" 9edical repatriation. ,hen medicall% necessar% as determined b% the attendin$ ph%sician& repatriation under medical supervision to the mi$rant worker<s residence shall be undertaken b% the insurance provider at such time that the mi$rant worker is medicall% cleared for travel b% commercial carrier. #f the period to receive medical clearance to travel e-ceeds fourteen (=8" da%s from the date of dischar$e from the hospital& an alternative appropriate mode of transportation& such as air ambulance& ma% be arran$ed. 9edical and non'medical escorts ma% be provided when necessar%. 4nl% reputable private insurance companies dul% re$istered with the #nsurance ?ommission (#?" & which are in e-istence and operational for at least )ive hundred million pesos (P;DD&DDD&DDD.DD" to be determined b% the #?& and with a current %ear certificate of authorit% shall be +ualified to provide for the worker s insurance covera$e. #nsurance companies who have directors& partners& officers& emplo%ees or a$ents with relatives& within the fourth civil de$ree of consan$uinit% or affinit%& who work or have interest in an% of the licensed recruitment*mannin$ a$encies or in an% of the $overnment a$encies involved in the overseas emplo%ment pro$ram shall be dis+ualified from providin$ this workers insurance covera$e. The recruitment*mannin$ a$enc% shall have the ri$ht to choose from an% of the +ualified insurance providers the compan% that will insure the mi$rant worker it will deplo%. After procurin$ such insurance polic%& the recruitment*mannin$ a$enc% shall provide an authenticated cop% thereof to the mi$rant worker. #t shall then submit the certificate of insurance covera$e of the mi$rant worker to P4:A as a re+uirement for the issuance of an 4verseas :mplo%ment ?ertificate (4:?" to the mi$rant worker. #n the case of seafarers who are insured under policies issued b% forei$n insurance companies& the P4:A shall accept certificates or other proofs of cover from recruitment*mannin$ a$encies3 Provided& That the minimum covera$e under sub'para$raphs (a" to (i" are included therein. An% person havin$ a claim upon the polic% issued pursuant to subpara$raphs (a"& (b"& (c"& (d" and (e" of this section shall present to the insurance compan% concerned a written notice of claim to$ether with pertinent supportin$ documents. The insurance compan% shall forthwith ascertain the truth and e-tent of the claim and make pa%ment within ten (=D" da%s from the filin$ of the notice of claim. An% claim arisin$ from accidental death& natural death or disablement under this section shall be paid b% the insurance compan% without an% contest and without the necessit% of providin$ fault or ne$li$ence of an% kind on

the part of the insured mi$rant worker3 Provided, That the followin$ documents& dul% authenticated b% the Philippine forei$n posts& shall be sufficient evidence to substantiate the claim3 (=" Death ?ertificate #n case of natural or accidental death (7" Police or Accident !eport #n case of accidental death and (0" 9edical ?ertificate #n case of permanent disablement )or repatriation under subpara$raph (d" hereof& a certification which states the reason*s for the termination of the mi$rant worker<s emplo%ment and the need for his or her repatriation shall be issued b% the Philippine forei$n post or the Philippine 4verseas >abor 4ffice (P4>4" located in the receivin$ countr%. )or subsistence allowance benefit under subpara$raph (e"& the concerned labor attachJ or& in his absence& the embass% or consular official shall issue a certification which states the name of the case& the names of the parties and the nature of the cause of action of the mi$rant worker. )or the pa%ment of mone% claims under subpara$raph (f"& the followin$ rules shall $overn3 (=" After a decision has become final and e-ecutor or a settlement*compromise a$reement has been reached between the parties at the 2>!?& an order shall be released mandatin$ the respondent recruitment*mannin$ a$enc% to pa% the amount ad.ud$ed or a$reed upon within thirt% (0D" da%s (7" The recruitment*mannin$ a$enc% shall then immediatel% file a notice of claim with its insurance provider for the amount of liabilit% insured& attachin$ therewith a cop% of the decision or compromise a$reement (0" ,ithin ten (=D" da%s from the filin$ of notice of claim& the insurance compan% shall make pa%ment to the recruitment*mannin$ a$enc% the amount ad.ud$ed or a$reed upon& or the amount of liabilit% insured& whichever is lower. After receivin$ the insurance pa%ment& the recruitment*mannin$ a$enc% shall immediatel% pa% the mi$rant worker<s claim in full& takin$ into account that in case the amount of insurance covera$e is insufficient to satisf% the amount ad.ud$ed or a$reed upon& it is liable to pa% the balance thereof (8" #n case the insurance compan% fails to make pa%ment within ten (=D" da%s from the filin$ of the claim& the recruitment* mannin$ a$enc% shall pa% the amount ad.ud$ed or a$reed upon within the remainin$ da%s of the thirt% (0D"'da% period& as provided in the first subpara$raph hereof (;" #f the workers claim was not settled within the aforesaid thirt% (0D"'da% period& the $arnished to satisf% the mi$rant worker<s claim (1" The provision of compulsor% worker s insurance under this section shall not affect the .oint and solidar% liabilit% of the forei$n emplo%er and the recruitment*mannin$ a$enc% under Section =D (B" >aw%ers for the insurance companies& unless the latter is impleaded& shall be prohibited to appear before the 2>!? in mone% claims cases under this section. An% +uestion or dispute in the enforcement of an% insurance polic% issued under this section shall be brou$ht before the #? for mediation or ad.udication. #n case it is shown b% substantial evidence before the P4:A that the mi$rant worker who was deplo%ed b% a licensed recruitment*mannin$ a$enc% has paid for the premium or the cost of the insurance covera$e or that the said insurance covera$e was used as basis b% the recruitment*mannin$ a$enc% to claim an% additional fee from the mi$rant worker& the said licensed recruitment*mannin$ a$enc% shall lose its license and all its directors& partners& proprietors& officers and emplo%ees shall be perpetuall% dis+ualified from en$a$in$ in the business of recruitment of overseas workers. Such penalt% is without pre.udice to an% other liabilit% which such persons ma% have incurred under e-istin$ laws& rules or re$ulations. )or mi$rant workers recruited b% the P4:A on a $overnment'to'$overnment arran$ement& the P4:A shall establish a forei$n emplo%ers $uarantee fund which shall be answerable to the workers monetar% claims arisin$ from breach of contractual obli$ations. )or mi$rant workers classified as rehires& name hires or direct hires& the% ma% opt to be covered b% this insurance covera$e b% re+uestin$ their forei$n emplo%ers to pa% for the cost of the insurance covera$e or the% ma% pa% for the premium themselves. To protect the ri$hts of these workers& the

P4:A shall provide them ade+uate le$al assistance& includin$ conciliation and mediation services& whether at home or abroad. At the end of ever% %ear& the Department of >abor and :mplo%ment and the #? shall .ointl% make an assessment of the performance of all insurance providers& based upon the report of the 2>!? and the P4:A on their respective interactions and e-periences with the insurance companies& and the% shall have the authorit% to ban or blacklist such insurance companies which are known to be evasive or not responsive to the le$itimate claims of mi$rant workers. The Department of >abor and :mplo%ment shall include such assessment in its %ear'end report to ?on$ress. )or purposes of this section& the Department of >abor and :mplo%ment& #?& 2>!? and the P4:A& in consultation with the recruitment*mannin$ a$encies and le$itimate non'$overnment or$ani(ations advocatin$ the ri$hts and welfare of overseas )ilipino workers& shall formulate the necessar% implementin$ rules and re$ulations. The fore$oin$ provisions on compulsor% insurance covera$e shall be sub.ect to automatic review throu$h the ?on$ressional 4versi$ht ?ommittee immediatel% after three (0" %ears from the effectivit% of this Act in order to determine its efficac% in favor of the covered overseas )ilipino workers and the compliance b% recruitment*mannin$ a$encies and insurance companies& without pre.udice to an earlier review if necessar% and warranted for the purpose of modif%in$& amendin$ and*or repealin$ these sub.ect provisions. (ECTION 35-B. ?on$ressional 4versi$ht ?ommittee. There is hereb% created a Coint ?on$ressional 4versi$ht ?ommittee composed of five (;" Senators and five (;" !epresentatives to be appointed b% the Senate President and the Speaker of the House of !epresentatives& respectivel%. The 4versi$ht ?ommittee shall be co'chaired b% the chairpersons of the Senate ?ommittee on >abor and :mplo%ment and the House of !epresentatives ?ommittee on 4verseas ,orkers Affairs. The 4versi$ht ?ommittee shall have the followin$ duties and functions3 (a" To set the $uidelines and overall framework to monitor and ensure the proper implementation of !epublic Act 2o. @D87& as amended& as well as all pro$rams& pro.ects and activities related to overseas emplo%ment (b" To ensure transparenc% and re+uire the submission of reports from concerned implementation of !epublic Act 2o. @D87& as amended (c" To approve the bud$et for the pro$rams of the 4versi$ht ?ommittee and all disbursements therefrom& includin$ compensation of all personnel (d" To submit periodic reports to the President of the Philippines and ?on$ress on the implementation of the provisions of !epublic Act 2o. @D87& as amended (e" To determine weaknesses in the law and recommend the necessar% remedial le$islation or e-ecutive measures and (f" To perform such other duties& functions and responsibilities as ma% be necessar% to attain its ob.ectives. The 4versi$ht ?ommittee shall adopt its internal rules of procedure& conduct hearin$s and receive testimonies& reports& and technical advice& invite or summon b% subpoena ad testificandum an% public official or private citi(en to testif% before it& or re+uire an% person b% subpoena duces tecum documents or other materials as it ma% re+uire consistent with the provisions of !epublic Act 2o. @D87& as amended. The 4versi$ht ?ommittee shall or$ani(e its staff and technical panel& and appoint such personnel& whether on secondment from the Senate and the House of !epresentatives or on temporar%& contractual& or on consultanc%& and determine their compensation sub.ect to applicable civil service laws& rules and re$ulations with a view to ensurin$ a competent and efficient secretariat. The members of the 4versi$ht ?ommittee shall not receive additional compensation& allowances or emoluments for services rendered thereto e-cept travelin$& e-traordinar% and other necessar% e-penses to attain its $oals and ob.ectives. The 4versi$ht ?ommittee shall e-ist for a period of ten (=D" %ears from the effectivit% of this Act and ma% be e-tended b% a .oint concurrent resolution. (ECTION 30. 9i$rant ,orkers Da%. The da% of si$nin$ b% the President of this Act shall be desi$nated as the 9i$rant ,orkers Da% and shall henceforth be commemorated as such annuall%.

(ECTION 40. #mplementin$ !ules and !e$ulations. The departments and a$encies char$ed with carr%in$ out the provisions of this Act shall& within ninet% (FD" da%s after the effectivit% of this Act& formulate the necessar% rules and re$ulations for its effective implementation. (ECTION 41. !epealin$ ?lause. All laws& decrees& e-ecutive orders& rules and re$ulations& or parts thereof inconsistent with the provisions of this Act are hereb% repealed or modified accordin$l%. (ECTION 42. Separabilit% ?lause. #f& for an% reason& an% section or provision of this Act is held unconstitutional or invalid& the other sections or provisions hereof shall not be affected thereb%. (ECTION 43. :ffectivit% ?lause. This Act shall take effect after fifteen (=;" da%s from its publication in the 4fficial /a(ette or in at least two (7" national newspapers of $eneral circulation whichever comes earlier.