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C138 - Minimum Age Convention, 1973 (No.

138) Preamble The General Conference of the International Labour Organisation, Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Fifty-eighth Session on 6 June 1973, and Having decided upon the adoption of certain proposals with regard to minimum age for admission to employment, which is the fourth item on the agenda of the session, and Noting the terms of the Minimum Age (Industry) Convention, 1919, the Minimum Age (Sea) Convention, 1920, the Minimum Age (Agriculture) Convention, 1921, the Minimum Age (Trimmers and Stokers) Convention, 1921, the Minimum Age (Non-Industrial Employment) Convention, 1932, the Minimum Age (Sea) Convention (Revised), 1936, the Minimum Age (Industry) Convention (Revised), 1937, the Minimum Age (Non-Industrial Employment) Convention (Revised), 1937, the Minimum Age (Fishermen) Convention, 1959, and the Minimum Age (Underground Work) Convention, 1965, and Considering that the time has come to establish a general instrument on the subject, which would gradually replace the existing ones applicable to limited economic sectors, with a view to achieving the total abolition of child labour, and Having determined that these proposals shall take the form of an international Convention, adopts this twenty-sixth day of June of the year one thousand nine hundred and seventy-three the following Convention, which may be cited as the Minimum Age Convention, 1973: Article 1 Each Member for which this Convention is in force undertakes to pursue a national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons. from a stated date.     

Article 2 1. Each Member which ratifies this Convention shall specify, in a declaration appended to its ratification, a minimum age for admission to employment or work within its territory and on means of transport registered in its territory; subject to Articles 4 to 8 of this Convention, no one under that age shall be admitted to employment or work in any occupation. 2. Each Member which has ratified this Convention may subsequently notify the Director-General of the International Labour Office, by further declarations, that it specifies a minimum age higher than that previously specified. 3. The minimum age specified in pursuance of paragraph 1 of this Article shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. 4. Notwithstanding the provisions of paragraph 3 of this Article, a Member whose economy and educational facilities are insufficiently developed may, after consultation with the organisations of employers and workers concerned, where such exist, initially specify a minimum age of 14 years. 5. Each Member which has specified a minimum age of 14 years in pursuance of the provisions of the preceding paragraph shall include in its reports on the application of this Convention submitted under article 22 of the Constitution of the International Labour Organisation a statement-  (a) that its reason for doing so subsists; or (b) that it renounces its right to avail itself of the provisions in question as

Article 3  1. The minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardise the health, safety or morals of young persons shall not be less than 18 years.  2. The types of employment or work to which paragraph 1 of this Article applies shall be determined by national laws or regulations or by the competent authority, after consultation with the organisations of employers and workers concerned, where such exist.  3. Notwithstanding the provisions of paragraph 1 of this Article, national laws or regulations or the competent authority may, after consultation with the organisations of employers and workers concerned, where such exist, authorise employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. Article 4  1. In so far as necessary, the competent authority, after consultation with the organisations of employers and workers concerned, where such exist, may exclude from the application of this Convention limited categories of employment

3. Employment or work covered by Article 3 of this Convention shall not be excluded from the application of the Convention in pursuance of this Article. Article 5

1. A Member whose economy and administrative facilities are insufficiently developed may, after consultation with the organisations of employers and workers concerned, where such exist, initially limit the scope of application of this Convention.

2. Each Member which avails itself of the provisions of paragraph 1 of this Article shall specify, in a declaration appended to its ratification, the branches of economic activity or types of undertakings to which it will apply the provisions of the Convention.

3. The provisions of the Convention shall be applicable as a minimum to the following: mining and quarrying; manufacturing; construction; electricity, gas and water; sanitary services; transport, storage and communication; and plantations and other agricultural undertakings mainly producing for commercial purposes, but excluding family and small-scale holdings producing for local consumption and not regularly employing hired workers.

4. Any Member which has limited the scope of application of this Convention in pursuance of this Article--

or work in respect of which special and substantial problems of application arise.   2. Each Member which ratifies this Convention shall list in its first report on the International Labour Organisation the general position as regards the application of the Convention submitted under article 22 of the Constitution of the employment or work of young persons and children in the branches of International Labour Organisation any categories which may have been excluded activity which are excluded from the scope of application of this Convention in pursuance of paragraph 1 of this Article, giving the reasons for such exclusion, and any progress which may have been made towards wider application of and shall state in subsequent reports the position of its law and practice in the provisions of the Convention; respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. (a) shall indicate in its reports under Article 22 of the Constitution of the

(b) may at any time formally extend the scope of application by a declaration addressed to the Director-General of the International Labour Office. Article 6 

compulsory schooling on work which meets the requirements set forth in subparagraphs (a) and (b) of paragraph 1 of this Article. 3. The competent authority shall determine the activities in which employment or work may be permitted under paragraphs 1 and 2 of this Article and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken.  4. Notwithstanding the provisions of paragraphs 1 and 2 of this Article, a Member which has availed itself of the provisions of paragraph 4 of Article 2 may, for as long as it continues to do so, substitute the ages 12 and 14 for the ages 13 and

This Convention does not apply to work done by children and young persons in schools for general, vocational or technical education or in other training institutions, or to work done by persons at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organisations of employers and workers concerned, where such exist, and is an integral part of- (a) a course of education or training for which a school or training institution is primarily responsible;  (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or  (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. Article 7  1. National laws or regulations may permit the employment or work of persons 13 to 15 years of age on light work which is-  (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received.  2. National laws or regulations may also permit the employment or work of persons who are at least 15 years of age but have not yet completed their    

15 in paragraph 1 and the age 14 for the age 15 in paragraph 2 of this Article. Article 8 1. After consultation with the organisations of employers and workers concerned, where such exist, the competent authority may, by permits granted in individual cases, allow exceptions to the prohibition of employment or work provided for in Article 2 of this Convention, for such purposes as participation in artistic performances. 2. Permits so granted shall limit the number of hours during which and prescribe the conditions in which employment or work is allowed. Article 9 1. All necessary measures, including the provision of appropriate penalties, shall be taken by the competent authority to ensure the effective enforcement of the provisions of this Convention. 2. National laws or regulations or the competent authority shall define the persons responsible for compliance with the provisions giving effect to the Convention.

by a Member which is a party to that Convention. 1937. 1959. National laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer. 1921. by a Member which is a party to the Minimum Age (Sea) Convention (Revised). 1937. 1937. to further ratification. the Minimum Age (Fishermen) Convention. on the terms set forth in this Article. Stokers) Convention. This Convention revises. 1937. 1920. and a minimum age of not less than 15 years is specified in pursuance of Article 2 of this Convention or the Member specifies that Article 3 of this Convention applies to maritime employment. 1919. by a Member which is a party to the Minimum Age (Fishermen) Convention. 1932. 1959. 1936. of persons whom he employs or who work for him and who are less than 18 years of age. 3. the Minimum Age (Sea) Convention. 1959. 1921. 1921. Article 10  4.  2. duly certified wherever possible. or the Minimum Age (Underground Work) Convention. this shall ipso jure involve the immediate denunciation of that Convention. and a minimum age of not less than 15 years is specified in pursuance of Article 2 of this Convention. by a Member which is a  1. shall be closed to further ratification when all the parties thereto have consented to such closing by ratification of this Convention or by a declaration communicated to the DirectorGeneral of the International Labour Office.  (b) in respect of non-industrial employment as defined in the Minimum Age (Non-Industrial Employment) Convention. 1919. the Minimum Age (Sea) Convention (Revised).  . the Minimum Age (Non-Industrial Employment) Convention. this shall ipso jure involve the immediate denunciation of that Convention. and the Minimum Age (Trimmers and Stokers) Convention. The coming into force of this Convention shall not close the Minimum Age (Sea) Convention (Revised).  (d) in respect of maritime employment. and a minimum age of not less than 15 years is specified in pursuance of Article 2 of this Convention or the Member specifies that Article 3 of this Convention applies to employment in maritime fishing. 1921.  (c) in respect of non-industrial employment as defined in the Minimum Age (Non-Industrial Employment) Convention (Revised). 1965. the Minimum Age (Non-Industrial Employment) Convention (Revised). the Minimum Age (Fishermen) Convention. the Minimum Age (Sea) Convention. 1920. 1936. the Minimum Age (Industry) Convention (Revised). the Minimum Age (Agriculture) Convention. the Minimum Age (NonIndustrial Employment) Convention (Revised). the party to that Convention. The Minimum Age (Industry) Convention. this shall ipso jure involve the immediate Minimum Age (Agriculture) Convention. the Minimum Age (Trimmers and denunciation of that Convention. this shall ipso jure involve the immediate denunciation of that Convention.  (e) in respect of employment in maritime fishing. When the obligations of this Convention are accepted- (a) by a Member which is a party to the Minimum Age (Industry) Convention (Revised). the Minimum Age (Industry) Convention (Revised). 3. and the Minimum Age (Underground Work) Convention. 1936. and a minimum age of not less than 15 years is specified in pursuance of Article 2 of this Convention. the Minimum Age (Industry) Convention. 1937. 1937. this shall ipso jure involve the immediate denunciation of that Convention. 1965. 1932. such registers or documents shall contain the names and ages or dates of birth.

1919. in accordance with Article 10 thereof.  3. this Convention shall come into force for any Member twelve months after the date on which its ratifications has been registered. 1965. 2. Thereafter. and a minimum age of not less than the age specified in pursuance of that Convention is specified in pursuance of Article 2 of this Convention or the Member specifies that such an age applies to employment underground in mines in virtue of Article 3 of this Convention. When notifying the Members of the Organisation of the registration of the second ratification communicated to him. and of the Minimum Age (Trimmers and Stokers) Convention. the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force. in accordance with Article 12 thereof.   Article. Article 12  1. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General. exercise the right of denunciation provided for in this  (c) in respect of maritime employment shall involve the denunciation of the Minimum Age (Sea) Convention. may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article. this shall ipso jure involve the immediate denunciation of that Convention. will be bound for another period of ten years and. in accordance with Article 9 thereof. Convention. 1921. Article 14 1.   (b) in respect of agriculture shall involve the denunciation of the Minimum the year following the expiration of the period of ten years mentioned in the Age (Agriculture) Convention. Article 13  if and when this Convention shall have come into force. Acceptance of the obligations of this Convention- (a) shall involve the denunciation of the Minimum Age (Industry) 1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the DirectorGeneral. Such denunciation shall not take effect until one year after the date on which it is registered.  5. in accordance with Article 12 thereof. within . Each Member which has ratified this Convention and which does not.  2. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation. Article 11 The formal ratifications of this Convention shall be communicated to the DirectorGeneral of the International Labour Office for registration. 1921. by an act communicated to the Director-General of the International Labour Office for registration. if and when this Convention shall have come into force. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force. preceding paragraph. 2. thereafter. (f) by a Member which is a party to the Minimum Age (Underground Work) Convention. 1920.

Should the Conference adopt a new Convention revising this Convention in whole or in part. and Considering that the effective elimination of the worst forms of child labour requires immediate and comprehensive action. Article 16 At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part. 1956. and Considering the need to adopt new instruments for the prohibition and elimination of the worst forms of child labour. taking into account the importance of free basic education and the need to remove the children concerned from all such work and to provide for their rehabilitation and social integration while addressing the needs of their families. Article 18 The English and French versions of the text of this Convention are equally authoritative. Convention 182 CONVENTION CONCERNING THE PROHIBITION AND IMMEDIATE ACTION FOR THE ELIMINATION OF THE WORST FORMS OF CHILD LABOUR The General Conference of the International Labour Organization. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention. and Having decided upon the adoption of certain proposals with regard to child labour. unless the new Convention otherwise provides:  (a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention. and Recalling the Convention on the Rights of the Child adopted by the United Nations General Assembly on 20 November 1989.Article 15 The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles. if and when the new revising Convention shall have come into force. and having met in its 87th Session on 1 June 1999. and the United Nations Supplementary Convention on the Abolition of Slavery. 1930. and Institutions and Practices Similar to Slavery. and Recalling that some of the worst forms of child labour are covered by other international instruments. notwithstanding the provisions of Article 13 above. and Recalling the resolution concerning the elimination of child labour adopted by the International Labour Conference at its 83rd Session in 1996. which remain fundamental instruments on child labour. which is the fourth item on the agenda of the session. then. and . and Recalling the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up. including international cooperation and assistance. Having been convened at Geneva by the Governing Body of the International Labour Office.  (b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members. adopted by the International Labour Conference at its 86th Session in 1998. to complement the Convention and the Recommendation concerning Minimum Age for Admission to Employment.  2. as the main priority for national and international action. in particular the Forced Labour Convention. and Recognizing that child labour is to a great extent caused by poverty and that the long-term solution lies in sustained economic growth leading to social progress. in particular poverty alleviation and universal education. Article 17  1. 1973. the Slave Trade.

take effective and time-bound measures to: (a) prevent the engagement of children in the worst forms of child labour. taking into consideration relevant international standards. debt bondage and serfdom and forced or compulsory labour. taking into consideration the views of other concerned groups as appropriate. procuring or offering of a child for prostitution. vocational training. and .Having determined that these proposals shall take the form of an international Convention. (b) provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Each Member shall. adopts this seventeenth day of June of the year one thousand nine hundred and ninety-nine the following Convention. The types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority. Article 6 For the purposes of this Convention. Each Member shall take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to this Convention including the provision and application of penal sanctions or. (d) work which. 1999. (c) ensure access to free basic education. other sanctions. the term "child" shall apply to all persons under the age of 18. Article 5 Each Member which ratifies this Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The competent authority. the term "the worst forms of child labour" comprises: (a) all forms of slavery or practices similar to slavery. 2. safety or morals of children. Article 2 Each Member shall. Article 1 2. as appropriate. in particular Paragraphs 3 and 4 of the Worst Forms of Child Labour Recommendation. is likely to harm the health. including forced or compulsory recruitment of children for use in armed conflict. (b) the use. such as the sale and trafficking of children. 1. in particular for the production and trafficking of drugs as defined in the relevant international treaties. (d) identify and reach out to children at special risk. after consultation with employers' and workers' organizations. and. establish or designate appropriate mechanisms to monitor the implementation of the provisions giving effect to this Convention. for the production of pornography or for pornographic performances. after consultation with the organizations of employers and workers concerned. 3. Article 7 1. which may be cited as the Worst Forms of Child Labour Convention. Such programmes of action shall be designed and implemented in consultation with relevant government institutions and employers' and workers' organizations. Each Member shall design and implement programmes of action to eliminate as a priority the worst forms of child labour. (c) the use. 2. by its nature or the circumstances in which it is carried out. wherever possible and appropriate. shall identify where the types of work so determined exist. Article 4 1. procuring or offering of a child for illicit activities. Article 3 For the purposes of this Convention. after consultation with the organizations of employers and workers concerned. in consultation with the organizations of employers and workers concerned. taking into account the importance of education in eliminating child labour. for all children removed from the worst forms of child labour. The list of the types of work determined under paragraph 1 of this Article shall be periodically examined and revised as necessary. 1999.

Article 12 1. unless the new Convention otherwise provides -(a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention. may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article. 2. then. Such denunciation shall not take effect until one year after the date on which it is registered. within the year following the expiration of the period of ten years mentioned in the preceding paragraph. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force. . this Convention shall cease to be open to ratification by the Members. notwithstanding the provisions of Article 11 above. the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part. Each Member shall designate the competent authority responsible for the implementation of the provisions giving effect to this Convention. When notifying the Members of the Organization of the registration of the second ratification. The Director-General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all ratifications and acts of denunciation communicated by the Members of the Organization. the Director-General shall draw the attention of the Members of the Organization to the date upon which the Convention shall come into force. Article 10 1. This Convention shall be binding only upon those Members of the International Labour Organization whose ratifications have been registered with the DirectorGeneral of the International Labour Office. 2. this Convention shall come into force for any Member 12 months after the date on which its ratification has been registered. Article 11 1. Article 16 The English and French versions of the text of this Convention are equally authoritative. Article 15 1. Article 14 At such times as it may consider necessary. full particulars of all ratifications and acts of denunciation registered by the Director-General in accordance with the provisions of the preceding Articles. Article 8 Members shall take appropriate steps to assist one another in giving effect to the provisions of this Convention through enhanced international cooperation and/or assistance including support for social and economic development. 2. exercise the right of denunciation provided for in this Article. by an act communicated to the Director-General of the International Labour Office for registration. for registration in accordance with article 102 of the Charter of the United Nations. (b) as from the date when the new revising Convention comes into force. thereafter. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention. will be bound for another period of ten years and.(e) take account of the special situation of girls. 3. Thereafter. It shall come into force 12 months after the date on which the ratifications of two Members have been registered with the Director-General. 2. Should the Conference adopt a new Convention revising this Convention in whole or in part. poverty eradication programmes and universal education. Article 13 The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations. 3. Each Member which has ratified this Convention and which does not. Article 9 The formal ratifications of this Convention shall be communicated to the DirectorGeneral of the International Labour Office for registration. if and when the new revising Convention shall have come into force.

evaluate if necessary their physical and vocational capacity. notably through consultative committees. where such organisations exist. in cooperation where necessary with other public and private bodies concerned. the best possible organisation of the employment market as an integral part of the national programme for the achievement and maintenance of full employment and the development and use of productive resources. take note of their occupational qualifications. Each Member of the International Labour Organisation for which this Convention is in force shall maintain or ensure the maintenance of a free public employment service. TEXT OF CONVENTION NO. which may be cited as the Employment Service Convention. The system shall comprise a network of local and. Article 5 The general policy of the employment service in regard of workers to available employment shall be developed after consultation of representatives of employers and workers through the advisory committees provided for in Article 4. and Having determined that these proposals shall take the form of an international Convention. It defines functions of the employment service and the measures to be taken by this service. and assist them where appropriate to obtain vocational guidance or vocational training or retraining. 2. 1994 [Establishment of the Public Employment Service Office (PESO)]. 2. Article 4 1. in accordance with rules framed on a national basis (i) register applicants for employment. and having met in its Thirty-first Session on 17 June 1948. experience and desires. The essential duty of the employment service shall be to ensure. Having been convened at San Francisco by the Governing Body of the International Labour Office. where appropriate. adopts this ninth day of July of the year one thousand nine hundred and fortyeight. 88 CONVENTION CONCERNING THE ORGANISATION OF THE EMPLOYMENT SERVICE1 The General Conference of the International Labour Organisation. which shall have the task of ensuring the best possible organization of the employment market as an integral part of the national programme for the achievement and maintenance of full employment and the development and use of productive resources. These arrangements shall provide for one or more national advisory committees and where necessary for regional and local committees.The foregoing is the authentic text of the Convention unanimously adopted by the General Conference of the International Labour Organization during its Eightyseventh Session which was held at Geneva and declared closed on 17 June 1999. and (ii) whenever the competent authority considers a review desirable to assess the experience gained during a period of experimental operation. and Having decided upon the adoption of certain proposals concerning the organisation of the employment service. the following Convention. regional offices. interview them for employment. 1948: Article 1 1. Title I-Recruitment and Placement of Workers. which is included in the fourth item on the agenda of the session. The Convention also deals with the status and conditions of service of employment service staff (public officials enjoying guarantees of independence). Chapter I-General Provisions. Detailed provisions of the Convention deal with the organization of the free employment service as well as the means of cooperation of employers’ and workers’ representatives in the running of employment service. and (b) be revised whenever such review shows revision to be necessary. This instrument was ratified in December 1953. IN FAITH WHEREOF we have appended our signatures this day of June 1999. Article 3 1. dated May 2. The representatives of employers and workers on these committees shall be appointed in equal numbers after consultation with representative organisations of employers and workers. and more particular shall. and for this purpose shall – (a) assist workers to find suitable employment and assist employers to find suitable workers. Article 6 The employment service shall be so organised as to ensure effective recruitment and placement and placement. 2. taking into account the particular needs of certain categories of workers. Relevant Philippine laws applying this Convention are the Philippine Labor Code (Book I-Pre-Employment. sufficient in number to serve each geographical area of the country and conveniently located for employers and workers. and DILG Memorandum Circular No. 3. ILO CONVENTION 88 ORGANIZATION OF THE EMPLOYMENT SERVICE THE CONVENTION MANDATES ratifying States to create and maintain a free employment service. Article 2 The employment service shall consist of a national system of employment offices under the direction of a national authority. 94-69. . Articles 14 and 15 – Employment promotion and Bureau of Employment Services). The organisation of the network shall -(a) be reviewed – (i) whenever significant changes occur in the distribution of economic activity and of the working population. Suitable arrangements shall made through advisory committees for the cooperation of representatives of employers and workers in the organisation and operation of the employment service and in the development of employment service policy.

(ii) facilitate temporary transfers of workers from one area to another as a means of meeting temporary local maladjustments in the supply of or the demand for workers. such as disabled persons. as necessary. the staff of the employment service shall be recruited with sole regard to their qualifications for the performance of their duties. Article 11 The competent authorities shall take the necessary measures to secure effective co-operation between the public employment service and private employment agencies not conducted with a view to profit. Each Member shall indicate in the first annual report upon the application of this Convention submitted under Article 22 of the Constitution of the International Labour Organisation any areas in respect of which proposes to have recourse to the provisions of the present Article and shall give the reasons for which it proposes to have recourse thereto. (iv) refer applicants and vacancies from one employment office to another. In the case of a Member the territory of which includes large areas where. Having been convened at Geneva by the Governing Body of the International Labour Office. The means of ascertaining such qualifications shall be determined by the competent authority. subject to the needs of the service. have recourse to the provisions of the present Article except in respect of areas so indicated. and make such information available systematically and promptly to the public authorities. and (b) to meet adequately the needs of particular categories of applicants for employment. are assured of stability of employment. 2. C111 . occupations and areas. and (e) assist. the authority may exempt such areas from the application of this Convention either generally or with such exceptions in respect of particular undertakings or occupations as it thinks fit. Article 7 Measures shall be taken – (a) to facilitate within the various employment offices specialisation by occupations and by industries. 111) Preamble The General Conference of the International Labour Organisation. take all possible measures to encourage full use of employment service facilities by employers and workers on a voluntary basis. Article 8 Special arrangements for juveniles shall be initiated and developed within the framework of the employment and vocational guidance services. Article 10 The employment service and other public authorities where appropriate shall. 1958 (No. in co-operation with employers’ and workers’ organisations and other interested bodies. by reason of the sparseness of the population or the stage of development of the area. Article 12 1. Subject to any conditions for recruitment to the public service which may be prescribed by national laws or regulations. (iii) refer to available employment applicants with suitable skills and physical capacity. The staff of the employment service shall be composed of public officials whose status and conditions of service are such that they are independent of changes of government and of improper external influences and. the fullest available information on the situation of the employment market and its probable evolution. such as agriculture and any other branch of activity in which such specialisation may be useful. (ii) facilitate geographical mobility with a view to assisting the movement of workers to areas with suitable employment opportunities. Article9 1. 2.(ii) obtain from employers precise information on vacancies notified by them to the service and the requirements to be met by the workers whom they are seeking. after the date of its first annual report. (c) collect and analyse.Discrimination (Employment and Occupation) Convention. no Member shall. (b) take appropriate measures to – (i) facilitate occupational mobility with a view to adjusting the supply of labour to employment opportunities in the various occupations. and the general public. 4. 3. and . 3. the employers’ and workers’ organisations concerned. other public and private bodies in social and economic planning calculated to ensure a favorable employment situation. in cooperation where appropriate with other authorities and with management and trade unions. Each member having recourse to the provisions of the present Article shall indicate in subsequent annual reports any areas in respect of which it renounces the right t have recourse to the provisions of the present Article. in cases in which the applicants cannot be suitably placed or the vacancies suitably filled by the original office or in which other circumstances warrant such action. and having met in its Forty-second Session on 4 June 1958. the competent authority considers it impracticable to enforce the provisions of this Convention. both in the country as a whole and in the different industries. The staff of the employment service shall be adequately trained for the performance of their duties. (d) co-operate in the administration of unemployment insurance and assistance and of other measures for the relief of the unemployed.

by methods appropriate to national conditions and practice. exclusion or preference made on the basis of race. (d) to pursue the policy in respect of employment under the direct control of . the inherent requirements thereof shall not be deemed to be discrimination. exclusion or preference which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation as may be determined by the Member concerned after a national authority. equality of opportunity and treatment in respect of employment and occupation. (b) to enact such legislation and to promote such educational programmes as may be calculated to secure the acceptance and observance of the policy. access to employment and to particular occupations. and with other appropriate bodies. where such exist. 1958:  3. exclusion or preference in respect of a particular job based on a national authority. For the purpose of this Convention the terms employment and occupation include access to vocational training.  (b) such other distinction. sex. colour.Having decided upon the adoption of certain proposals with regard to discrimination in the field of employment and occupation.  2. Article 3 Each Member for which this Convention is in force undertakes. which is the fourth item on the agenda of the session. (c) to repeal any statutory provisions and modify any administrative instructions or practices which are inconsistent with the policy. Any distinction. and terms and conditions of employment. consultation with representative employers' and workers' organisations. irrespective of race. with a view to eliminating any discrimination in respect thereof. by methods appropriate to national conditions and practice- (a) to seek the co-operation of employers' and workers' organisations and other appropriate bodies in promoting the acceptance and observance of Article 1  1. political opinion. For the purpose of this Convention the term discrimination includes- (a) any distinction. have the right to pursue both their material well-being and their spiritual development in conditions of freedom and dignity. vocational training and placement services under the direction of    this policy. religion. of economic security and equal opportunity. which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation. and Considering that the Declaration of Philadelphia affirms that all human beings. creed or sex. adopts this twenty-fifth day of June of the year one thousand nine hundred and fifty-eight the following Convention. and Considering further that discrimination constitutes a violation of rights enunciated by the Universal Declaration of Human Rights. Article 2 Each Member for which this Convention is in force undertakes to declare and pursue a national policy designed to promote.  (e) to ensure observance of the policy in the activities of vocational guidance. which may be cited as the Discrimination (Employment and Occupation) Convention. national extraction or social origin. and Having determined that these proposals shall take the form of an international Convention.

or engaged in. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the DirectorGeneral. age. Special measures of protection or assistance provided for in other Conventions or Recommendations adopted by the International Labour Conference shall not be deemed to be discrimination. disablement. Article 9  1. exercise the right of denunciation provided for in this Any measures affecting an individual who is justifiably suspected of. Article 7 The formal ratifications of this Convention shall be communicated to the DirectorGeneral of the International Labour Office for registration.  2. Article 5  1. Any Member may. determine that other special measures designed to meet the particular requirements of persons who. Each Member which has ratified this Convention and which does not. Article 4  Article 8 1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation. family responsibilities or social or cultural status. will be bound for another period of ten years and. after consultation with representative employers' and workers' organisations. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General. are generally recognised to require special protection or assistance. (f) to indicate in its annual reports on the application of the Convention the action taken in pursuance of the policy and the results secured by such action.  3. for reasons such as sex. Article. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force. thereafter. Thereafter. where such exist. Article 6 Each Member which ratifies this Convention undertakes to apply it to nonmetropolitan territories in accordance with the provisions of the Constitution of the International Labour Organisation. Article 10  1. Such denunciation shall not take effect until one year after the date on which it is registered. by an act communicated to the Director-General of the International Labour Office for registration. shall not be deemed to be discrimination. activities prejudicial to the security of the State shall not be deemed to be discrimination. .  2. provided that the individual concerned shall have the right to appeal to a competent body established in accordance with national practice.  2. this Convention shall come into force for any Member twelve months after the date on which its ratification has been registered. may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article. within the year following the expiration of the period of ten years mentioned in the preceding paragraph.

the State does not promote overseas employment as a means to sustain economic growth and achieve national development. .  2. and for other purposes. Article 11 The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles. therefore. the State shall provide adequate and timely social. 2. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SEC. then. uphold the dignity of its citizens whether in country or overseas. (b) The State shall afford full protection to labor. Recognizing the contribution of overseas migrant women workers and their particular vulnerabilities. notwithstanding the provisions of Article 9 above. When notifying the Members of the Organisation of the registration of the second ratification communicated to him. the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force. territorial integrity. at all times. at any time. economic and legal services to Filipino migrant workers.This act shall be known and cited as the "Migrant Workers and Overseas Filipinos Act of 1995. (d) The State affirms the fundamental equality before the law of women and men and the significant role of women in nation-building. be compromised or violated. . if and when the new revising Convention shall have come into force. 1. organized and unorganized. the State shall. Article 13 authoritative. Article 12 At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part. national interest and the right to selfdetermination paramount in its relations with other states.  1. shall continuously create local employment opportunities and promote the equitable distribution of wealth and the benefits of development. in particular.  (b) as from the date when the new revising Convention comes into force. unless the new Convention otherwise provides:  (a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention. 2. the State shall apply gender sensitive criteria in the formulation and implementation of policies and programs affecting migrant workers and the composition of bodies tasked for the welfare of migrant workers. The existence of the overseas employment program rests solely on the assurance that the dignity and fundamental human rights and freedoms of the Filipino citizens shall not. their families and overseas Filipinos in distress. and Filipino migrant workers. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention. The State. 8042 Migrant Workers and Overseas Filipinos Act of 1995 An act to institute the policies of overseas employment and establish a higher standard of protection and promotion of the welfare of migrant workers. in general." SEC. Article 14 The English and French versions of the text of this Convention are equally REPUBLIC ACT NO. and promote full employment and equality of employment opportunities for all. SHORT TITLE. Should the Conference adopt a new Convention revising this Convention in whole or in part. DECLARATION OF POLICIES-(a) In the pursuit of an independent foreign policy and while considering national sovereignty. Towards this end. local and overseas. (c) While recognizing the significant contribution of Filipino migrant workers to the national economy through their foreign exchange remittances. this Convention shall cease to be open to ratification by the Members.

it is imperative that an effective mechanism be instituted to ensure that the rights and interest of distressed overseas Filipinos. TERMINATION OR BAN ON DEPLOYMENT . or to make a worker pay any amount greater than that actually received by him as a loan or advance. 5. Nonetheless. (f) The right of Filipino migrant workers and all overseas Filipinos to participate in the democratic decision-making processes of the State and to be represented in institutions relevant to overseas employment is recognized and guaranteed. in pursuit of the national interest or when public welfare so requires. utilizing. DEFINITIONS. in any manner. non-holder. . (b) To furnish or publish any false notice or information or document in relation to recruitment or employment. (I) Government fees and other administrative costs of recruitment. at any time. the deployment of Filipino overseas workers. 442. are partners of the State in the protection of Filipino migrant workers and in the promotion of their welfare. Appropriate incentives may be extended to them. and Filipino migrant workers. . whether committed by any persons. documented or undocumented. declaration or resolutions relating to the protection of migrant workers. concrete measures to protect the rights of migrant workers. (h) Non-governmental organizations. (c) To give any false notice. (c) "Overseas Filipinos" refers to dependents of migrant workers and other Filipino nationals abroad who are in distress as mentioned in Sections 24 and 26 of this Act.For purposes of this Act.The State shall deploy overseas Filipino workers only in countries where the rights of Filipino migrant workers are protected. 6. when undertaken by a non-license or non-holder of authority contemplated under Article 13(f) of Presidential Decree No.(e) Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any persons by reason of poverty. duly recognized as legitimate. 4. DEPLOYMENT SEC. whether a non-licensee. (a) To charge or accept directly or indirectly any amount greater than the specified in the schedule of allowable fees prescribed by the Secretary of Labor and Employment. introduction. and (d) It is taking positive. 3. may. who. enlisting. the government shall deploy and/or allow the deployment only to skilled Filipino workers. II. placement and assistance to migrant workers shall be rendered free without prejudice to the provision of Section 36 hereof.For purposes of this Act: (a) "Migrant worker" refers to a person who is to be engaged. ILLEGAL RECRUITMENT Sec. illegal recruitment shall mean any act of canvassing. whether land-based or sea-based by local service contractors and manning agencies employing them shall be encouraged.Notwithstanding the provisions of Section 4 hereof. (c) It has concluded a bilateral agreement or arrangement with the government protecting the rights of overseas Filipino workers. contact services. the government. Deployment of Migrant Workers . contracting. The government recognizes any of the following as guarantee on the part of the receiving country for the protection and the rights of overseas Filipino workers: (a) It has existing labor and social laws protecting the rights of migrant workers. is engaged or has been engaged in a renumerated activity in a state of which he or she is not a legal resident to be used interchangeably with overseas Filipino worker. DEFINITIONS. offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. whether for profit or not. the State shall cooperate with them in a spirit of trust and mutual respect. . promising or advertising for employment abroad. Pursuant to this and as soon as practicable. as amended. hiring. SEC. otherwise known as the Labor Code of the Philippines. (b) It is a signatory to multilateral conventions. Provided. licensee or holder of authority. In this regard. I. (g) The State recognizes that the ultimate protection to all migrant workers is the possession of skills. in particular. (b) "Gender-sensitivity" shall mean cognizance of the inequalities and inequities prevalent in society between women and men and a commitment to address issues with concern for the respective interests of the sexes. testimony. are adequately protected and safeguarded. terminate or impose a ban on the deployment of migrant workers. in general. transporting. procuring workers and includes referring. SEC. It shall likewise include the following acts. that such non-license or non-holder. information or document or commit any act of misrepresentation for the purpose of securing a license or authority under the Labor Code.

remittances of foreign exchange earnings.(d) To induce or attempt to induce a worker already employed to quit his employment in order to offer him another unless the transfer is designed to liberate a worker from oppressive terms and conditions of employment. or their relatives within the fourth civil degree of consanguinity or affinity.000. accomplices and accessories. (i) To substitute or alter to the prejudice of the worker.00). . The persons criminally liable for the above offenses are the principals. exemplary and other forms of damages. (e) To influence or attempt to influence any persons or entity not to employ any worker who has not applied for employment through his agency. SEC. (b) The penalty of life imprisonment and a fine of not less than five hundred thousand pesos (P500. placement vacancies. Provided. employment contracts approved and verified by the Department of Labor and Employment from the time of actual signing thereof by the parties up to and including the period of the expiration of the same without the approval of the Department of Labor and Employment. (f) To engage in the recruitment of placement of workers in jobs harmful to public health or morality or to dignity of the Republic of the Philippines. the Philippine Overseas Employment Administration. The liability of the principal/employer and the recruitment/placement agency for any and all claims under this section shall be joint and several. 10. (g) To obstruct or attempt to obstruct inspection by the Secretary of Labor and Employment or by his duly authorized representative. in the business of recruiting migrant workers as defined in this Act. . That the court where the criminal action is first filed shall acquire jurisdiction to the exclusion of other courts. (j) For an officer or agent of a recruitment or placement agency to become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly on indirectly in the management of a travel agency. separations from jobs. the claims arising out of an employer-employee relationship or by virtue of any law or contract involving Filipino workers for overseas deployment including claims for actual. to engage. however. or the Overseas Workers Welfare Administration. PROHIBITION ON OFFICIALS AND EMPLOYEES. departures and such other matters or information as may be required by the Secretary of Labor and Employment. In case of juridical persons. the Labor Arbiters of the National Labor Relations Commission (NLRC) shall have the priginal and exclusive jurisdiction to hear and decide. or other government agencies involved in the implementation of this Act. It is deemed committed in large scale if committed against three (3) or more persons individually or as a group. (h) To fail to submit reports on the status of employment. VENUE. SEC.00) nor more than five hundred thousand pesos (P500. moral. the officers having control. MONEY CLAIMS. 7. however. That the aforestated provisions shall also apply to those criminal actions that have already been filed in court at the time of the effectivity of this Act. management or direction of their business shall be liable. and (m) Failure to reimburse expenses incurred by the workers in connection with his documentation and processing for purposes of deployment.A criminal action arising from illegal recruitment as defined herein shall be filed with the Regional Trial Court of the province or city where the offense was committed or where the offended party actually resides at the same time of the commission of the offense: Provided. 9.000. Provided.Ot shall be unlawful for any official or employee of the Department of Labor and Employment. PENALTIES (a) Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day but not more than twelve (12) years and a fine not less than two hundred thousand pesos (P200.00) shall be imposed if illegal recruitment constitutes economic sabotage as defined herein. 8.000. Illegal recruitment when committed by a syndicate or in large scale shall be considered as offense involving economic sabotage. (k) To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations other than those authorized under the Labor Code and its implementing rules and regulations.00) nor more than one million pesos (P1.000. (l) Failure to actually deploy without valid reasons as determined by the Department of Labor and Employment. in cases where the deployment does not actually take place without the worker's fault. directly or indirectly. .Botwithstanding any provision of law to the contrary. SEC. The penalties shall be imposed upon them.000. SEC. within ninety (90) calendar days after filing of the complaint. that the maximum penalty shall be imposed if the person illegally recruited is less than eighteen (18) years of age or committed by a nonlicensee or non-holder of authority. or the Department of Foreign Affairs. Illegal recruitment is deemed committed by a syndicate carried out by a group of three (3) or more persons conspiring or confederating with one another. This .

15. whichever is less. the corporate officers and directors and partners as the case may be. SEC. III. prosecution officer within forty-eight (48) hours from the date of receipt of the records of the case. the workers shall be entitled to the full reimbursement of his placement fee with interest of twelve percent (12%) per annum. or caused to be. Provided. any person who is a victim of illegal recruitment shall be entitled to the Witness Protection Program provided thereunder.The preliminary investigations of cases under this Act shall be terminated within a period of thirty (30) calendar days from the date of their filing. or (c) Dismissal from the service with disqualifications to hold any appointive public office for five (5) years. through the Philippine Overseas Employment Administration (POEA). valid or authorized cause as defined by law or contract. REPATRIATION OF WORKERS. however. withheld until the said official complies therewith. . as provided by law. the repatriation of remains and transport of the personal belongings of a deceased worker and all costs attendant thereto shall be borne by the principal and/or local agency. If the preliminary investigation is conducted by a judge and a prima facie case is found to exist. and adherence of particular countries to international standards on human and workers' rights which will adequately prepare individuals into making informed and intelligent decisions about overseas employment. notwithstanding. Such liabilities shall continue during the entire period or duration of the employment contract and shall not be affected by any substitution. . 13. SEC. 6981 to the contrary. plus his salaries for the unexpired portion of his employment contract or for three (3) months for every year of the unexpired term. TRAVEL ADVISORY/INFORMATION DISSEMINATION. Such advisory or information shall be published in a newspaper of general circulation at least three (3) times in every quarter.provisions shall be incorporated in the contract for overseas employment and shall be a condition precedent for its approval. (b) Suspension for not more than ninety (90) days. Likewise. Where the preliminary investigation is conducted by a prosecution officer and a prima facie case is established. shall undertake the . 14. in coordination ith appropriate international agencies. That illegal recruitment cases involving economic sabotage as defined herein shall prescribe in twenty (20) years. The performance bond to be filed by the recruitment/placement agency. The Overseas Workers Welfare Administration (OWWA). MANADATORY PERIODS FOR RESOLUTION OF ILLEGAL RECRUITMENT CASES. amendment or modification made locally or in a foreign country of the said contract. and other non-governmental organizations and volunteer groups. that the penalties herein provided shall be without prejudice to any liability which any such official may have incurred under other existing laws or rules and regulations as a consequence of violating the provisions of this paragraph. PRESCRIPTIVE PERIODS. In case of termination of overseas employment without just. shall be answerable for all money claims or damages that may be awarded to the workers. If the recruitment/placement agency is a juridical being. the corresponding information shall be filed in court within twenty-four (24) hours from the termination of the investigation. migration realities and other facts. shall issue travel advisories or disseminate information on labor and employment conditions.Illegal recruitment cases under this Act shall prescribe in five (5) years: Provided.The repatriation of the worker and the transport of his personal belongings shall be the primary responsibility of the agency which recruited or deployed the worker overseas. PREFERENTIAL ENTITLEMENT UNDER THE WITNESS PROTECTION PROGRAM. SEC. however. . SEC. All costs attendant to repatriation shall be borne by or charged to the agency concerned and/or its principal. the Integrated Bar of the Philippines. in cases where the termination of employment is due solely to the fault of the worker. SERVICES SEC. 12. Such mechanism must include coordination and cooperation with the Department of Justice. EMERGENCY REPATRIATION FUND. all embassies and consular offices.A mechanism for free legal assistance for victims of illegal recruitment shall be established within the Department of Labor and Employment including its regional offices. The provisions of Republic Act No. and exploitation or abuse of Filipino migrant workers. 11. . Non-compliance with the mandatory periods for resolutions of cases provided under this section shall subject the responsible officials to any or all of the following penalties: (a) The salary of any such official who fails to render his decision or resolutions within the prescribed period shall be. shall themselves be jointly and solidarily liable with the corporation or partnership for the aforesaid claims and damages. Any compromise/amicable settlement or voluntary agreement on money claims inclusive of damages under this section shall be paid within four (4) months from the approval of the settlement by the appropriate authority. .To give utmost priority to the establishment of programs and services to prevent illegal recruitment. However. FREE LEGAL ASSISTANCE. the principal/employer or agency shall not in any manner be responsible for the repatriation of the former and/or his belongings. fraud.

18. both public and private.repatriation of workers in cases of war. better wage employment. . (e) Human resource development. and other similar events without prejudice to reimbursement by the responsible principal or agency. disasters or calamities. such as training and skills upgrading. inclusive of outstanding balances. the Overseas Workers Welfare Administration. including Saturdays.Within the premises and under the administrative jurisdiction of the Philippine Embassy in countries where there are large concentrations of Filipino migrant workers. ESTABLISHMENT OF A MIGRANT WORKERS AND OTHER OVERSEAS FILIPINOS RESOURCE CENTER. there is hereby created and established an emergency repatriation fund under the administration control and supervision of the OWWA. For this purpose. advisory and programs to promote social integration such as post-arrival orientation.The center shall provide the following service: (a) Develop livelihood programs and projects for returning Filipino migrant workers in coordination with the private sector. and (h) Monitoring of daily situations. . (b) Coordinate with appropriate private and government agencies the promotion. SEC. The Department of Labor and Employment. SEC. (b) Welfare assistance including the procurement of medical and hospitalization services. and shall be staffed by Foreign Service personnel. initially to consist of one hundred million pesos (P100. FUNCTIONS OF THE RE-PLACEMENT AND MONITORING CENTER. and investment of savings. within ninety (90) days from the effectivity of this Act. epidemic. (c) Information. all costs attendant to repatriation shall be borne by the OWWA. In countries categorized as highly problematic by the Department of Foreign Affairs and the Department of Labor and Employment and where there is a concentration of Filipino migrant . . natural or man-made. (d) Provide a periodic study and assessment of job opportunities for returning Filipino migrant workers. the Technology Livelihood Resource Center (TLRC).000. 17. (c) Institute in cooperation with other government agencies concerned. serve as a promotion house for their local employment. For this purposes. Sundays and holidays. MANDATORY REPATRIATION OF UNDERAGE MIGRANT WORKERS. the Technical Education and Skills Development Authority (TESDA).000. service attaches or officers who represent other organizations from the host countries. SEC.A replacement and monitoring center is hereby created in the Department of Labor and Employment for returning Filipino migrant workers which shall provide a mechanism for their reintegration into the Philippine society. and tap their skills and potentials for national development. formulate a program that would motivate migrant workers to plan for productive options such as entry into highly technical jobs or undertakings. circumstances and activities affecting migrant workers and other overseas Filipinos. . SEC. and other government agencies involved in training and livelihood development shall give priority to return who had been employed as domestic helpers and entertainers. a computer-based information system on skilled Filipino migrant workers which shall be accessible to all local recruitment agencies and employers. livelihood and entrepreneurial development. For this purpose. under pain of having his/her passport cancelled. 16. The Center shall be open for twenty-four (24) hours daily. (g) Orientation program for returning workers and other migrants. 19. and the Philippine Overseas Employment Administration shall.Upon discovery or being informed of the presence of migrant workers whose actual ages fall below the minimum age requirement for overseas deployment.00). (f) Gender sensitive programs and activities to assist particular needs of women migrant workers. there shall be establish a Migrant Workers and Other Overseas Filipinos Resource Center with the following services: (a) Counseling and legal services. the Center is enjoined to compel existing undocumented workers to register with it within six (6) months from the effectivity of this Act. However. development. re-placement and the full utilization of their potentials. ESTABLISHMENT OF RE-PLACEMENT AND MONITORING CENTER. (d) Institute a scheme of registration of undocumented workers to bring them within the purview of this Act. in cases where the principal or recruitment agency cannot be identified. the responsible officers in the foreign service shall without delay repatriate said workers and advise the Department of Foreign Affairs through the fastest means of communication availavle of such discovery and other relevant information. settlement and community networking services for social integration. The establishment and operations of the Center shall be a joint undertaking of the various government agencies.

In order to further prevent unscrupulous illegal recruiters from taking advantage of workers seeking employment abroad. (c) Masterlists of departing/arriving Filipinos. a Migrant Workers Loan Guarantee Fund is hereby created and the revolving amount of one hundred million pesos (P100. the OWWA.The Department. in coordination with government financial institutions. The Overseas Workers Welfare Administration.The Department of Foreign Affairs is mandated to undertake the necessary initiative such as promotions. SEC. 23. the Department of Labor and Employment.000. 20.00) from the OWWA is set aside as a guarantee fund in favor of participating government financial institutions.workers. in particular. the Department of Foreign Affairs shall fully apprise the Filipino migrant workers of the existence and effectiveness of such legal options. acceptance or adherence of countries receiving Filipino workers to multilateral convention. The second phase shall involve linkaging of computer facilities in order to allow freeflow data exchanges and sharing among concerned agencies. . (b) Department of Labor and Employment . (b) Inventory of pending legal cases involving Filipino migrant workers and other Filipino nationals. If a complaints machinery is available under international or regional systems. SEC. IV. RIGHTS AND ENFORCEMENT MECHANISM UNDER INTERNATIONAL AND REGIONAL HUMAN RIGHTS SYSTEMS. . pursue the same on behalf of the victim if it is legally impossible to file individual complaints. The Labor Attache shall coordinate the operation of the Center and shall keep the Chief of Mission informed and updated on all matters affecting it. as far as practicable and through the Legal Assistant for Migrant Workers Affairs created under this Act. shall take priority action its home office or foreign posts.The following government agencies shall perform the following to promote the welfare and protect the rights of migrant workers and. the Commission on Filipino Overseas. the Philippine Overseas Employment Administration. and migrant workers. (f) Basic data on legal systems. GOVERNMENT AGENCIES SEC. . to other overseas Filipinos including the grant of legal assistance and the referral to proper medical centers or hospitals: . all overseas Filipinos: (a) Department of Foreign Affairs. including those serving prison terms. 22. the Department of Justice. SEC. The inter-agency committee shall initially make available to itself the information contained in existing data bases/files. The Department of Tourism. The Center shall have a counterpart 24-hour information and assistance center at the Department of Foreign Affairs to ensure a continuous network and coordinative mechanism at the home office. marriage laws and civil and criminal codes in receiving countries particularly those with the large numbers of Filipinos. (g) List of labor and other human rights instruments where receiving countries are signatories.000. For this purpose. the National Bureau of Investigation. (h) A tracking system of past and present gender disaggregated cases involving male and female migrant workers. immigration policies. shall institute financing schemes that will expand the grant of pre-departure loan and family assistance loan. the following information: (a) Masterlists of departing/arriving Filipinos. (e) Blacklisted foreigners/undesirable aliens. and (I) Listing of overseas posts which may render assistance to overseas Filipinos. . the government must provide a lawyer and a social worker for the Center. but not limited to. in general. and the National Statistics Office shall be established to implement a shared government information system for migration. shall take priority action or make representation with the foreign authority concerned to protect the rights of migrant workers and other overseas Filipinos and extend immediate assistance including the repatriation of distressed or beleaguered migrant workers and other overseas Filipinos. ROLE OF GOVERNMENT AGENCIES. . ESTABLISHMENT OF A SHARED GOVERNMENT INFORMATION SYSTEM FOR MIGRATION. 21. MIGRANT WORKERS LOAN GUARANTEE FUND. The inter-agency committee shall convene to identify existing data bases which shall be declassified and shared among member agencies. These shared data bases shall initially include. as far as applicable. through its home office or foreign posts. The Department of Foreign Affairs is also mandated to make an assessment of rights and avenues of redress under international and regional human rights systems that are available to Filipino migrant workers who are victims of abuse and violation and.The Department of Labor and Employment shall see to it that labor and social welfare laws in the foreign countries are fairly applied to migrant workers and whenever applicable. (d) Statistical profile on Filipino migrant workers/overseas Filipinos/Tourists. declaration or resolutions pertaining to the protection of migrant workers' rights.An inter-agency committee composed of the Department of Foreign Affairs and its attached agency. the Bureau of Immigration.

in the amount of One hundred million pesos (P100. procedures and criteria for the provisions of legal assistance services to Filipino migrant workers. (b) To establish close linkages with the Department of Labor and Employment. The said Legal Assistant for Migrant Workers Affairs shall be appointed by the President and must be of proven competence in the field of law with at least ten (10) years of experience as a legal practitioner and must not have been a candidate to an elective office in the last local or national elections. 1694 and 1809. Among the functions and responsibilities of the aforesaid Legal Assistant are: (a) To issue the guidelines. and form part of.(b.000. as well as with non-governmental organizations assisting migrant workers. and Twenty million pesos (P20. V. as amended by Presidential Decree Nos.000. 26. shall be the mode under which Philippine embassies or their personnel will operate in the protection of the Filipino migrant .TEAM APPROACH SEC. It shall also formulate and implement. LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS. in order to assist him in the effective discharge of the above functions. In the performance of this functions. (b. PRIORITY CONCERNS OF PHILIPPINE FOREIGN SERVICE POSTS. (d) To administer the legal assistance fund for migrant workers established under Section 25 hereof and to authorize disbursements there from in accordance with the purposes for which the fund was set up. 74. The expenditures to be charged against the Fund shall include the fees for the foreign lawyers to be hired by the Legal Assistance for Migrant Workers Affairs to represent migrant workers facing charges abroad. USES OF THE LEGAL ASSISTANCE FUND. series of 1993.000. and (e) To keep and maintain the information system as provided in Section 20.2) Overseas Workers Welfare Administration .Subject to deregulation and phase out as provided under Sections 29 and 30 herein.There is hereby created the position of Legal Assistant for Migrant Workers Affairs under the Department of Foreign Affairs who shall be primarily responsible for the provision and overall coordination of all legal assistance services to be provided to Filipino migrant workers as well as overseas Filipinos in distress. . he shall make representation and may call on the agencies or entities concerned to conferences or conciliation meetings for the purpose of settling the complaints or problems brought to his attention. criteria and procedures promulgated in accordance with Section 24 (a) hereof. in coordination with appropriate entities concerned. salary and privileges equal to that of an undersecretary of said Department.1) Philippine Overseas Employment Administration . as enunciated under Executive Order No. 25.000. (c) To tap the assistance of reputable law firms and the Integrated Bar of the Philippines and other bar associations to complement the government's efforts to provide legal assistance to migrant workers. COUNTRY . . the coordinating officer shall provide the Filipino migrant worker and his family all the assistance they may need in the enforcement of contractual obligations by agencies or entities and/or by their principals. LEGAL ASSISTANCE FUND . He shall have the rank.000. upon effectivity of this Act. court fees and charges and other litigation expenses. 24.00) from the Contingency Fund of the President.There is hereby established a legal assistance fund for migrant workers. . 537. herein after referred to as Legal Assistance fund. domestic or foreign. The legal Assistant for Migrant Workers Affairs shall have authority to hire private lawyers.00) from the Presidential Social Fund.00) to be constituted from the following sources: Fifty million pesos (P50. VI. the OWWA and other government agencies concerned.000. SEC.00) from the Welfare Fund for Overseas Workers established under Letter of Instruction No. the Administration shall regulate private sector participation in the recruitment and overseas placement of workers by setting up a licensing and registration system. THE LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS SEC. Thirty million pesos (P30.The Legal Assistance Fund created under the preceeding section shall be used exclusively to provide legal services to migrant workers and overseas Filipinos in distress in accordance witht the guidelines. to ensure effective coordination and cooperation in the provision of legal assistance to migrant workers.The Welfare Officer or in his absence.000. when necessary employment of Filipino workers taking into consideration their welfare and the domestic manpower requirements. SEC.The country team approach.000. the POEA. bail bonds to secure the temporary release of workers under detention. 27. Any balances of existing fund which have been set aside by the government specifically as legal assistance or defense fund to help migrant workers shall. to be turned over to. the Fund created under this Act.

on a per country basis. (c) Problems encountered by the migrant workers. In this regard. is hereby mandated to formulate a five-year comprehensive deregulation plan on recruitment activities taking into account labor market trends. Pending investigation by an appropriate body in the Philippines. in the case of officers. in general. representatives and personnel of other departments. the respective Boards of the POEA and the OWWA shall. 28. . In host countries where there are Philippine consulates. the ambassador may recommend to the Secretary of the Department of Foreign Affairs the recall of officers. endorse such recommendation to the department secretary concerned for appropriate action. 29. economic conditions of the country and emergency circumstances which may affect the welfare of migrant workers. to be appointed by the President in the same manner as the other members. . 31. have three (3) members each who shall come from the women. REPORT TO CONGRESS. but not limited to. COUNTRY-TEAM APPROACH. VII. and contribute to national development. POEA AND OWWA BOARD.In order to inform the Philippine Congress on the implementation of the policy enunciated in Section 4 hereof. . specifically violations of their rights. COMPREHENSIVE DEREGULATION PLAN ON RECRUITMENT ACTIVITIES. sea-based and landbased sectors. representatives and personnel of the Philippine government posted abroad regardless of their mother agencies shall.Pursuant to Section 3(2). SEC. the person recommended for recall may be placed under preventive suspension by the ambassador. and the protection of the dignity and fundamental rights and freedoms of the Filipino citizen abroad. The report shall not be limited to the following information: (a) Masterlist of Filipino migrant workers. . MISCELLANEOUS PROVISIONS SEC. In the implementation of the country-team approach. SEC. the government shall provide proper and adequate incentives and programs so as to secure their services in priority development areas of the public and private sectors.Notwithstanding any provision of law to the contrary. SEC. . Any officer of the government who fails to report as stated in the preceeding section shall be subjected to administrative penalty. (e) Changes in the laws and policies of host countries. ADDITIONAL MEMBERSHIPS. . GRADUAL PHASE-OUT OF REGULATORY FUNCTIONS. PROFESSIONAL AND OTHER HIGHLY-SKILLED FILIPINOS ABROAD SEC.Pursuant to the objective of encouraging professionals and other highly-skilled Filipinos abroad especially in the field of science and technology to participate in. failure to provide the necessary services to protect the rights of overseas Filipinos. the Department of Foreign Affairs and the Department of Labor and Employment shall submit to the said body a semi-annual report of Philippine foreign posts located in countries hosting Filipino migrant workers. 32. IX. and (f) Status of negotiations on bilateral labor agreements between the Philippines and the host country. 30. SEC. Within a period of five (5) years from the effectivity of this Act.workers as well as in the promotion of their welfare. Upon receipt of the recommendation of the ambassador. REPRESENTATION IN CONGRESS. (d) Initiative/actions taken by the Philippine foreign posts to address the problems of Filipino migrant workers. representatives and personnel of the Philippine government posted abroad for acts inimical to the national interest such as. in particular. the Secretary of the Department of Foreign Affairs shall. VII. and inventory of pending cases involving them and other Filipino nationals including those serving prison terms. INCENTIVES TO PROFESSIONALS AND OTHER HIGHLYSKILLED FILIPINOS ABROAD. respectively. (b) Working conditions of Filipino migrant workers. The protection of the Filipino migrant workers and the promotion of their welfare.Pursuant to a progressive policy of deregulation whereby the migration of workers becomes strictly a matter between the worker and his foreign employer. the DOLE shall phase out the regulatory functions of the POEA pursuant to the objectives of deregulation. shall be the highest priority concerns of the Secretary of Foreign Affairs and the Philippine Foreign Service Posts. 33. such consulates shall also constitute part of the country-team under the leadership of the ambassador. DEREGULATION AND PHASE-OUT SEC. act as one country-team with a mission under the leadership of the ambassador. in addition to their present composition.Under the country-team approach. all officers. the DOLE within one (1) year from the effectivity of this Act. 34. Article VI of the Constitution and in line with the objective of empowering overseas Filipinos to participate in the policy-making process to address Filipino . visiting Philippine delegations shall be provided full support and information.

the other sections or provisions hereof shall not be affected thereby.There is hereby created a Congressional Migrant Workers Scholarship Fund which shall benefit deserving migrant workers and/or their immediate descendants below twenty-one (21) years of age who intent to pursue courses or training primarily in the field of science and technology. ABOLITION OF REPATRIATION BOND. 38. . EFFECTIVITY CLAUSE. The Congressional Migrant Workers Scholarship Fund as herein created shall be administered by the DOLE in coordination with the Department of Science and Technology (DOST). formulate the necessary rules and regulations for its effective implementation. To allow the deployment Filipino seafarers to countries which have existing labor and social laws or are signatories to international agreements protecting the rights of seafarers. .000. . the migrant worker shall be exempt from the payment of travel tax and airport fee upon proper showing of proof of entitlement by the POEA.This Act shall take effect after fifteen (15) days from its publication in the Official Gazette or in at least two (2) national newspapers of general circulation whichever comes earlier. 42. NON-INCREASE OF FEES. the DOLE and the DOST shall formulate the necessary rules and regulations.All laws to the country notwithstanding. MIGRANT WORKERS DAY. and (b) The remaining one hundred fifty million pesos (P150. REPEATING CLAUSE. SEC. 39. .000.All laws. SEC.000.The day of signing by the President of this Act shall be designated as the Migrant Workers Day and shall henceforth be commemorated as such annually. To carry out the objectives of this section.chanroblesvirtualawlibrary c. SEC. SEC. executive orders. To develop strategies and programs to ensure full and quality employment . SEPARABILITY CLAUSE. 37.000. THE CONGRESSIONAL MIGRANT WORKERS SCHOLARSHIP FUND. 35. The amount necessary to carry out the provisions of this Act shall be provided for in the General Appropriations Act of the year following its enactment into law and thereafter.00) shall be funded from the proceeds of Lotto.chanroblesvirtualawlibrary d.If.000. that at least one (1) of the two (2) sectoral representatives shall come from the women migrant workers sector: Provided. POEA RULES AND REGULATIONS GOVERNING THE RECRUITMENT AND EMPLOYMENT OF SEAFARERS May 23. rules and regulations. . . further. The initial seed fund of two hundred million pesos (P200.00) from the unexpected Countrywide Development Fund for 1995 in equal sharing by all members of Congress. 36. SEC.00) shall be constituted from the following sources: (a) Fifty million pesos (P50. . To uphold the dignity and fundamental human rights of Filipino seafarers navigating the foreign seas and promote full employment and equality of employment opportunities for all. any section or provision of this Act is held unconstitutional or invalid. .migrant concerns.000. IMPLEMENTING RULES AND REGULATIONS.Upon approval of this Act. decrees. or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly. that all nominees must have at least two (2) years experience as a migrant worker. 41.The departments and agencies charged with carrying out the provisions of this Act shall. SEC. within ninety (90) days after the effectivity of this Act. all fees being charged by any government office on migrant workers shall remain at their present levels and the repatriation bond shall be established. 40. SEC. 43. for any reason. SEC. two (2) sectoral representatives for migrant workers in the House of Representatives shall be appointed by the President from the ranks of migrant workers: Provided.chanroblesvirtualawlibrary b. To protect every Filipino seafarer desiring to work overseas by securing the best possible terms and conditions of employment. SEC. APPROPRIATION AND OTHER SOURCES OF FUNDING. 2003 PART I General Provisions RULE I Statement of Policy It is the policy of the Administration:cralaw a. EXEMPTION FROM TRAVEL TAX AND AIRPORT FEE.

and/or conviction for crimes involving moral turpitude. DFA — refers to the Department of Foreign Affairs. 12. 11. 2003). training and certification as required by the International Convention on Standards of Training. Accreditation — refers to the grant of authority to a foreign principal to engage Filipino seafarers for specific ship/s through a licensed agency for maritime employment. Beneficiary — refers to the person/s to whom compensation benefits due under an employment contract are payable by operation of law or those to whom proceeds of a life or accident insurance are likewise payable. with the active participation of the private sector. 4. Authentication — refers to an attestation made by a duly authorized officer by which he certifies that a person appeared before him and is known to him to have voluntarily executed a document. Cruise ship personnel — refers to person/s engaged as part of the hotel crew on board seagoing ships or passenger ships navigating the foreign seas.chanroblesvirtualawlibrary f. but not limited to. laws. To cooperate with duly registered non-government organizations. To pursue. (Rule I. To provide an effective gender-sensitive mechanism that can adequately protect and safeguard the rights and interest of Filipino seafarers. facilitation.opportunities for seafarers through possession of appropriate level of competence. 3. rules and regulations. 6. RULE II Definition of Terms 13. in a spirit of trust and mutual respect. To deregulate recruitment activities progressively taking into account emerging circumstances which may affect the welfare of seafarers and their families. illness or death at levels provided for within the terms and conditions of employment of seafarers. enhancement and preservation.chanroblesvirtualawlibrary e. (1978 STCW Convention. Allottee — refers to any person named or designated by the seafarer as the recipient of his remittance to the Philippines. POEA Rules and Regulations Governing the Recruitment and Employment of Seafarers.chanroblesvirtualawlibrary h. Claims — refers to a valid contractual claim for compensation or benefits arising from employer-employee relationship or for any personal injury. the creation of For the purpose of these Rules. falsification.chanroblesvirtualawlibrary g. 8. as amended) and other applicable conventions. swindling or estafa. the following terms are defined as follows:cralaw 1.chanroblesvirtualawlibrary i. illegal recruitment. 9. May 23. .chanroblesvirtualawlibrary j. an environment conducive to maritime employment in order to maximize opportunities for employment generation. To recognize the participation of the private sector in the recruitment and placement of seafarers to serve national development objectives. Administrator — refers to the Administrator of the POEA. Enrolment — refers to the enlistment to the Administration of a vessel by an maritime employment program using computer databases that are linked electronically to allow verification and full-flow of data exchanges. Certification and Watch-keeping for Seafarers. Part I. Agency — refers to a licensed manning agency. 2. Department — refers to the Department of Labor and Employment (DOLE). 7. To establish an adequate shared government information system on 5. 10. as defined herein. Derogatory Record — refers to the existence of negative information such as.chanroblesvirtualawlibrary k. in protecting and promoting the welfare of Filipino seafarers. Administration — refers to the Philippine Overseas Employment Administration (POEA). To help strengthen support programs for the effective reintegration of returning seafarers into the Philippine society.

whether for profit or not. and includes referrals. Personal Injury — refers to any disease. Joint and Solidary Liability — refers to the nature of liability of the principal and the manning agency. OWWA — refers to the Overseas Workers Welfare Administration. Provisional License — refers to a license issued to a new manning agency with a limited period of one year within which the licensee shall comply with its undertaking to deploy fifty (50) seafarers to its new market. 36. 28. partnership or corporation who has no valid license to engage in recruitment and placement of Filipino seafarers. 35. partnership or corporation engaging and employing Filipino seafarers through a licensed manning agency. 19. hiring. 20. 26. Maritime employment — refers to the engagement of Filipino seafarers on ships navigating the foreign seas under a government-approved standard employment contract. 30. offers or promises for a fee employment to two or more persons shall be deemed engaged in recruitment and placement. PRC — refers to the Professional Regulation Commission.chanroblesvirtualawlibrary 14. Manning agreement — refers to a written agreement entered into by and between the principal and manning agency defining their respective rights. 34. Philippine Overseas Shipping Company — refers to any entity registered and duly authorized to engage in overseas shipping activities. under the laws of the Philippines. 22. that its new vessels should not also be in the active list of enrolled vessels for the past six months or more or have never been enrolled to any licensed manning agency. directors. Non-licensee — refers to any person. New Market — refers to a principal which is not in the active list of registered or accredited principals to any licensed manning agency for the past six months or more. or which has never been registered or accredited to any licensed manning agency. 27. transporting. License — refers to the document issued by the Secretary or his duly authorized representative authorizing any person. impairment of a seafarer's mental condition or death arising out of or in connection with the employment of the seafarer. Recruitment and placement — refers to any act of canvassing. enlisting. contract services. 24.accredited/registered principal to its appointed manning agent for the purpose of employing seafarers. or procuring workers. among others. partnership or corporation to operate a manning agency. 37. 21. Licensed manning agency — refers to any person. 18. PDOS — refers to the Pre-Departure Orientation Seminar. LAC — refers to the Labor Assistance Center of the POEA located at international airports. Principal — refers to a foreign person. Registration — refers to the act of recognizing and entering in the official records of the Administration the existence of a foreign principal whose documents have been verified and authenticated by the appropriate officials of . NAC — refers to the National Assessment Center of the MTC. obligations and responsibilities. partners or sole proprietors with the company over claims arising from employer-employee relationship. 31. Fisherman — refers to a person engaged to undertake fishing activities on board a fishing vessel operating overseas. 32. 29. OEC — refers to the Overseas Employment Certificate. 33. or if enrolled there has been no prior deployment. NBI — refers to the National Bureau of Investigation. provided that any person or entity which. impairment of a seafarer's physical condition. MARINA — refers to the Maritime Industry Authority MTC — refers to the Maritime Training Council. 25. 15. 23. contracting. or whose license is suspended. in any manner. utilizing. for any and all claims arising out of the implementation of the employment contract involving Filipino seafarers. and provided. partnership or corporation duly licensed by the Secretary or his duly authorized representative to recruit and deploy seafarers for maritime employment. It shall likewise refer to the nature of liability of officers. NLRC — refers to the National Labor Relations Commission. promising or advertising for maritime employment. 16. 17.

MARCOS. 44. national economic development shall be pursued with renewed vigor and greater determination. records. shall be the primary policy. 2. cruise ship personnel and those serving on foreign maritime mobile offshore and drilling units. Standard employment contract — refers to a written government-approved employment contract stipulating a specific period of employment and formulated through tripartite consultation. President of the Philippines. provided. the protection of workers. (Rule II. 797 May 1. by the Administration taking into consideration the labor laws and legislations of the country whose flag the ships will be flying and/or international maritime labor standards. Secretary — refers to the Secretary of Labor and Employment. individually adopted and agreed upon by the principal/employer and the seafarer. the President is empowered to undertake such organizational and related improvements as may be appropriate in the light of changing circumstances and new developments. Sec. . The Minister is authorized to determine and assign the respective functional areas of responsibility of the Deputy Ministers. 1. Shipowner — refers to the owner of the ship or any other organization or person. coordinating and administrative entity of the executive branch of the government in the field of labor and employment. and which shall absorb applicable functions. SEC — refers to the Securities and Exchange Commission. by virtue of the powers vested in me by the Constitution and the authority vested in me by Presidential Decree No. and such personnel as may be necessary of the abolished units. Part I. and the promotion of industrial peace. and the promotion of industrial peace. CREATING THE PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION. 1416 as amended. 38. in reviewing and verifying the manning documents of foreign principals including the employment contract. further. its capability to hire seafarers at acceptable rates and at desirable working conditions that are in conformity with the minimum standards prescribed. 3. 41. the protection of workers. which shall assume the functions of the Bureau of Apprenticeship and the domestic employment functions of the Bureau of Employment Services. The authority and responsibility for the exercise of the powers and the discharge of the functions of the Ministry shall be vested in the Minister of Labor and Employment.the Philippine Government. recent local and international developments have imposed new demands and challenges on the existing delivery system for labor and laborrelated services. The primary function of the Ministry shall be the development of employment opportunities. NOW. that no Deputy Minister shall be assigned primarily administrative responsibilities. The definition shall include fishermen. There is hereby created a Bureau of Local Employment. 43. 40. WHEREAS. Verification — refers to the act performed by a Philippine Overseas Labor Officer or any other officer designated by the Secretary of Labor and Employment in the Philippine Embassy or Consulate. should there be more than one. appropriations. TESDA — refers to the Technical Education and Skills Development Authority. property. The Ministry of Labor and Employment. agent or bareboat charterer. under Presidential Decree No. THEREFORE.). hereinafter referred to as the Minister. programming. and provided. I FERDINAND E. He shall be assisted by such Deputy Ministers as may be appointed by the President. under the New Republic. 42. do hereby order and ordain: Sec. Seafarer — refers to any person who is employed or engaged in any capacity on board a seagoing ship navigating the foreign seas other than a government ship used for military or non-commercial purposes. hereinafter referred to as the Ministry. 39. 1416 as amended. WHEREAS. the attainment of national goals is contingent among others on the development of employment opportunities. who shall be appointed by the President. such as the manager. equipment. that such delineation of responsibilities shall cover the substantive functions and operations of the Ministry. EXECUTIVE ORDER NO. Sec. Ibid. WHEREAS. 1982 REORGANIZING THE MINISTRY OF LABOR AND EMPLOYMENT. AND FOR OTHER PURPOSES WHEREAS. who has assumed the responsibility for operation of the ship from the shipowner and who on assuming such responsibilities has agreed to take over all the attendant duties and responsibilities. with the view to establish the existence of the employing company.

placement and market development. appropriations. which shall assume the functions of the Overseas Employment Development Board.Sec. (e) The Regional Labor Office for the Middle East and Africa created under Executive Order No. and its members shall be entitled to rates of compensation comparable to those prescribed for members of the abolished Overseas Employment Development Board and the National Seamen Board. Sec. including money claims. the Bureau shall assume the functions of the Institute of Occupational Health and Safety abolished under Executive Order No. 9. (d) An Advisory Board for Overseas Employment and an Advisory Board for Seamen are hereby created with such members as may be appointed by the Minister. (a) The Administration shall formulate and undertake in coordination where necessary with the appropriate entities concerned a systematic program for promoting and monitoring the overseas employment of Filipino workers taking into consideration domestic manpower requirements. 591. This adjudicatory function shall be undertaken in appropriate circumstances in consultation with the Construction Industry Authority of the Philippines. and a Legal Service. and which shall have the powers. The Administrator and such Deputy Administrators as may be necessary shall be appointed by the President. 8. The Advisory Boards shall have an essentially private sector composition to advise the Administration on its overseas operations. and he may also confer the rank of Deputy Minister in a concurrent capacity to a particular incumbent of the position of Administrator. property. a Financial and Management Service. 4. The Ministry proper of the Ministry shall be composed of an Office of the Minister. The head of the Regional Labor Office shall have the rank of Ambassador (Chief of Mission II). including seamen. shall promulgate the necessary rules an regulations to govern the exercise of the adjudicatory functions of the Administration. The President may. Each principal substantive subdivision shall be headed by a Director who shall be appointed by the President upon the recommendation of the Minister. 5. a Planning Service. and to protect their rights to fair and equitable employment practices. and who shall serve for a term of two years. The Ministry shall exercise administrative supervisions over the following entities: (1) National Labor Relation Commission (2) National Wages Council (3) Philippine Overseas Employment Administration (4) Welfare Fund for Overseas Workers Sec. who shall be well versed in the field of overseas employment. The following corporation is attached to the Ministry for policy and program coordination: (1) Employees Compensation Commission . at his discretion. The governing Board of the Administration. 787 shall form part of the Administration. a Labor Statistic Service. (b) The Administration shall have a three-man Board composed of the Minister as Chairman. the Administrator. functions. equipment. involving employer-employee relations arising out of or by virtue of any law or contract involving Filipino workers for overseas employment. which shall absorb the applicable functions. (c) The principal substantive subdivisions of the internal structure of the Administration shall be established along the major functional areas corresponding to welfare services. 7. 6. and such personnel as may be necessary of the abolished units. hereinafter referred to as the administration. an Administrative Service. and the overseas employment functions of the Bureau of Employment Services. as hereinunder provided. designate a Deputy Administrator as the third member of the Board. The Bureau of Labor Standards is hereby renamed the Bureau of Working Conditions. records. and regulation. It shall have original and exclusive jurisdiction over all cases. In addition to its present functions. an International Labor Affair Service. Sec. The Deputy Ministers shall form part of the Office of the Minister. The Administration shall have its own support staff. There is hereby created a Philippine Overseas Employment Administration. The Ministry shall exercise supervisions and control over the following bureaus and offices: (1) Bureau of Local Employment (2) Bureau of Labor Relations (3) Bureau of Working Conditions (4) Bureau of Rural Workers (5) Bureau of Women and Minors (6) Institute of Labor and Manpower Studies Sec. Sec. the National Seamen Board. and a third member who shall be appointed by the President. and structure as provided for below. an information and Publication Service.

The Minister shall have the authority to reorganize the internal structure of the various offices and units under the Ministry. All those who are laid off under the provisions of this Executive Order shall be entitled to all benefits and gratuities provided for under existing laws. the organizational structure at divisional and lower levels. and 12 of this Executive Order. . 12. 13. further. and the realignment of existing appropriations. equipment and such personnel as may be necessary are transferred to the appropriate units as determined by the Minister. equipment. records. The following entities are hereby abolished. 591 shall be given effect. Sec. To carry out the provisions of this Executive Order such amount as may be necessary shall be made available to the Ministry from any applicable appropriation item. under the supervisions and control of the Office of the Minister. decrees. that those who are Career Executive Service Officers may either be reappointed or reassigned by the President upon the recommendation of the Minister to other appropriate positions in the Ministry. Sec. which are inconsistent with any of the provisions of this Executive Order are hereby repealed or modified accordingly. that those who are not placed in appropriate positions within six months after their assignment to the Career Executive Service Board shall be similarly laid off. records. provided that such remaining portions can still stand and be given effect in their entirety to accomplish the objectives of this Executive Order. and their applicable appropriations. and those not so appointed are deemed laid off. 7. All Presidential appointees of the bureaus. except as may be otherwise determined by the Minister. 20. and other entities under the supervision and control of or under the administrative supervision of the Ministry are laid off. The Ministry shall have such offices overseas as will enable it to carry out its responsibilities effectively. Sec. duties. and such personnel as may be necessary are hereby transferred to such appropriate units of the Ministry as may be deemed suitable by the Minister: (1) Bureau of Employment Services (2) Bureau of Apprenticeship (3) Free Legal Assistance Office (4) National Seamen Board (5) Overseas Employment Development Board (6) Population/Family Planning Office Sec. as enumerated in Sections 6. 8. all present incumbents of positions in the reorganized units of the Ministry shall continue to exercise their usual functions. pending the issuance of the appropriate implementing orders. The Minister may appoint qualified personnel of the abolished in the new staffing pattern. Sec. 10. and their functions. The Regional Director shall have supervision and control over the activities of the Ministry in the region. in accordance with Article I. 11. Any portion or provision of this Executive Order that may be declared unconstitutional shall not have the effect of nullifying the other provisions thereof. shall have starting rates of compensation which shall be equivalent to two salary ranges below those of Arbiters in the National Labor Relations Commission. Sec. provided. rules and regulations as may be necessary to implement the approval of the Office of Budget and Management is obtained relative to the new staffing pattern including appropriate salary rates. and responsibilities. and provided. regulations. finally. property. 18. Chapter III. Sec. Sec. The Labor Attache or his equivalent shall have supervisions over all other personnel of the Minister as may be assigned to an embassy or other foreign service post overseas. Sec. and the Labor Relations Divisions in the regional offices pursuant to Executive Order No. 17.Sec. subject to prior approval by the President on the establishment of each such office abroad. 15. The Minister is authorized to effect from time to time such regional reassignment of Conciliators and Med-Arbiters as may be necessary in the interest of the service. 19. orders. as well as such positions in the Bureau of Labor Relations. All laws. including those of the Philippine Overseas Employment Administration. The Ministry is hereby authorized to issue such orders. The Ministry shall have such ministry-wide regional offices as may be necessary. unless otherwise reappointed by the President. or parts thereof. subject to the approval of the President upon recommendation of the Office of Budget and Management. or assigned to the Career Executive Service Board which shall endeavor to find appropriate placement for them in other ministries or agencies. The abolition of the Arbitration Branches. Except as may otherwise be determined by the Minister. 16. proclamations. Each regional office shall be headed by a Regional Director who shall be assisted whenever necessary by an Assistant Regional Director. Sec. Positions of Conciliators and Med-Arbiters which may be created under the new staffing patterns in the regional offices. rules. provided. that those Career Executive Service Officers who have been assigned to the Career Executive Service Board shall continue to receive their salaries from any available and applicable funds. 14. together with applicable appropriations. 11. offices. the Field Services Divisions. Part II of the Integrated Reorganization Plan as amended.

WHEREAS. 985. 537 issued on May 1. Section 3. 21. rules and regulations or parts thereof in consistent with this Decree are hereby repealed and/or modified accordingly. subject to the limits provided under this Section. No. A fund staff shall be formed within the Office of the Minister of Labor. compensation and honoraria determined for agencies of the government under P. the Deputy Minister of Labor as Vice-Chairman. Letter of Instructions No.7 million in 107 centries of the world. because of the volatile situation in many countries hosting this labor force. MARCOS. WHEREAS. the Government is continually under stress in efforts to provide overseas Filipino workers adequate protection. charges and other collections shall accrue to the Welfare and Training Fund. Welfare Fund for Overseas Workers. WHEREAS. and one representative each from the management and labor sectors who shall be appointed by the President. and remittance services.Sec. Responsibility and Powers. To formulate and implement measures and programs to attain the fund's objectives and purposes. the Director of the Bureau of Employment Services. 1977 shall be transferred to the Welfund. Such operational expenses shall be subject to the usual budgetary process established by Sec. 1694 May 1. Section 5. There is hereby created a "Welfare Fund for Overseas Workers.D. who shall act in consultation with the Minister of Labor and the Minister of the Budget. the Executive Director of the National Seamen Board. who shall have the qualifications. and the Executive Director of the Overseas Employment Development Board. . FERDINAND E. decrees executive orders. under Letter of Instructions No. 1977. by virtue of the powers vested in me by the Constitution. This Executive Order shall take effect immediately. 40 of P. subject to the approval of the Minister of Finance. Fund Source. there is every indication that the overseas demand for Filipino workers would continue to increase in the coming years. rank and compensation of a Bureau Director. authorized the creation in the Ministry of Labor of a Welfare and Training fund for Overseas Workers to be funded with the contributions from overseas employers of Filipino workers. Administration. in response to the distressed conditions of many of these workers. A maximum of five per cent (5%) of any investment income earned by the Fund may be utilized for operational expenses. Such fees. Section 4. Done in the City of Manila. in the year of Our Lord. I. 5 hereof. To enter into agreements and contracts in connection with its operations and objectives. 1177 and to the rules on organization. 537 issued on May 1. c. 1980 ORGANIZATION AND ADMINISTRATION OF THE WELFARE FUND FOR OVERSEAS WORKERS WHEREAS. Fees and other charges may be imposed by the Overseas Employment Development Board. the Administrator of the Welfund. and the National Seamen Board. To manage Fund resources subject to the provisions of Sec. 537 can best be served by now formalizing operations into a comprehensive Welfare Fund. Section 6. nineteen hundred and eighty-two. The Welfund shall be administered by a Board of Trustees consisting of the Minister of Labor as Chairman. except as may be approved by the President. the overseas employment development of the Government undertaken through the Ministry of Labor has generated an explosion of the presence abroad of Filipino workers. President of the Philippines. To issue rules and regulations to carry out the objectives and purposes of the Welfund and the provisions of this Decree. The Board of Trustees of the Welfund shall have the following responsibilities and powers: a. the Government. b. WHEREAS. this first day of May. An Administrator shall be appointed by the President upon recommendation of the Minister of Labor. Repeal Clause. No. legal assistance. All contributions to the Welfare and Training Fund collected pursuant to Letter of Instructions No. Fund Management. PRESIDENTIAL DECREE No. Section 2. placement assistance. the Bureau of Employment Services. including insurance coverage.D. it is deemed that the objectives and purposes of the Fund as set forth in LOI No. do hereby Order and Decree: Section 1. and d. NOW. now estimated to be around 1. whose compensation and operating expenses shall be charged to fund income. as members. THEREFORE. 537 and any and all laws." hereinafter referred to as The Welfund which shall be used for the purpose of providing social and welfare services to Filipino overseas workers. The Welfund shall be recorded as Special Account in the General Fund and transactions in it shall be subject to such rules and regulations as may be formulated by the Minister of Finance.

including government-owned or controlled corporations.. further.The Commission shall have the following powers and functions: a. or to designate representatives from among resident Filipinos staying in these places. and i. Initiate and directly undertake the implementation of special projects and programs. h. economic and cultural ties of Filipinos overseas with their motherland. including Filipino emigrants who are either already citizens of foreign countries or are still Filipino citizens awaiting naturalization. under the Office of the President. Sec. b. f. . or to appoint service attaches in the Philippines Embassy or consulate located thereat. Serve as a forum for preserving and enhancing the social.There is hereby created a Commission on Filipinos Overseas. in coordination with agencies concerned. . in the year of Our Lord. Perform such other related functions as may be directed by the President (Prime Minister) or assigned by law. Effectivity. recognition. BATAS PAMBANSA BILANG 79 AN ACT CREATING THE COMMISSION ON FILIPINOS OVERSEAS AND FOR OTHER PURPOSES Be it enacted by the Batasang Pambansa in session assembled: Section 1. 6. and their descendants. Coordinate and monitor the implementation of such an integrated program. including applicable funds. Sec. d. c.The appropriations authorized under Batas Pambansa Blg. . 40 for the Office of Emigrant Affairs shall be used for the operational expenses of the . This Decree shall take effect immediately. Powers and Functions. Provide liaison services to Filipinos overseas with appropriate government and private agencies in the transaction of business and similar ventures in the Philippines.The Office of Emigrants Affairs in the Ministry of Labor and Employment is abolished and its pertinent functions are transferred to the Commission. That the President (Prime Minister) may appoint other ministries as ex-officio members: Provided. Abolition of Office of Emigrant Affairs. The other members of the Commission and the officials and employees of the Commission shall be compensated pursuant to the provisions of Presidential Decree Numbered Nine hundred eighty-five and Presidential Decree Numbered Twelve hundred and eighty-five. Formulate. Sec. whenever necessary. Appropriations. 2. to render whatever assistance is needed in the pursuance of the objectives of this Act. The Commission shall be composed of five (5) members to be appointed by the President (Prime Minister) of the Philippines. one of whom shall be the Minister of Foreign Affairs. Promulgate rules and regulations to carry out the objectives of this Act. to promote the welfare of Filipinos overseas with respect to their interests and activities in the Philippines.. Sec. Compensation. Call upon any agency of the Government.The Commission shall be assisted by a Secretariat which shall be organized and staffed in accordance with the provisions of Presidential Decree Numbered Eleven hundred and seventy-seven. Creation and Composition. e. not exceeding two hundred fifty pesos per meeting and not exceeding on thousand pesos a month. Provide advice and assistance to the President (Prime Minister) of the Philippines and the Batasang Pambansa in the formulation of policies and measures affecting Filipinos overseas. 7. Sec. Definition of "Filipinos Overseas". g. whenever necessary and subject to the approval of the President (Prime Minister). 4.Section 7. The President (Prime Minister) shall designate the chairman and the vice-chairman of the Commission from among its members. 3. the term "Filipinos Overseas" shall mean Filipinos who are permanent residents abroad. . an integrated program for the promotion of the welfare of Filipinos overseas for implementation by suitable existing agencies. said member may designate his deputy to act in his stead. as the case may be. Sec. hereinafter referred to as the Commission. Organization. 5.For purposes of this Act. . this 1st day of May. That in the absence of any ex-officio member. or admission. nineteen hundred and eighty. property and equipment and the necessary personnel that have been allotted and assigned to the Office of Emigrant Affairs from the Ministry of Labor and Employment and/or other entities.The ex-officio members if the Commission shall be entitled to per diems for meetings attended. Done in the City of Manila. The Commission is authorized. as ex-officio member: Provided. records. to establish offices in suitable places abroad. .

including technology protected by patents and other intellectual property rights. When Research Agreement Is Necessary. Repealing Clause. represented by the DENR. DA. 1. the agency responsible for promoting international relations. RAMOS. the Department of Foreign Affairs (DFA). collection. For purposes of this Executive Order. If the research and collection of biological and genetic resources is intended. rules. and development of drugs and medicine. Sec. to be augmented as may be necessary from the fund for organizational changes provided in Batas Pambansa Blg. planning. . the agreement must be a Commercial Research Agreement. it is in the interest of the State's conservation efforts to ensure that the research. 1995 PRESCRIBING GUIDELINES AND ESTABLISHING A REGULATORY FRAMEWORK FOR THE PROSPECTING OF BIOLOGICAL AND GENETIC RESOURCES. WHEREAS. 9. under Article 16 of the Convention on Biological Diversity of which the Philippines is a party. traditional uses of biological resources by indigenous and local communities shall not require a Research Agreement. the Department on Environment and Natural Resources (DENR) is the primary government agency responsible for the conservation.This Act shall take effect upon its approval. Policy of the State. or parts thereof which are inconsistent with any of the provisions of this Act are hereby repealed or modified accordingly Sec. orders. and coordination of policies and programs in the field of health. foreign or domestic. development. 1980 EXECUTIVE ORDER NO. and to identify and recognize the rights of indigenous cultural communities and other Philippine communities to their traditional knowledge and practices when this information is directly and indirectly put to commercial use. President of the Republic of the Philippines. obtained in accordance with the customary laws of the concerned community. flora and fauna. Further. the agency responsible for the formulation. proclamations. management. collection. and Section 2 Article XII. genes and their products be regulated. provides that wildlife. and sustainable use of the country's environment and natural resources. each contracting party is mandated to take legislative. lawphi1. regulations. I. development and utilization thereof are under its full control and supervision. among others. exploitation and use of biological and genetic resources. for commercial purposes. 2. it shall promote the development of local capability in science and technology to achieve technological self-reliance in selected areas. in particular those that are developing countries. The prospecting of biological and genetic resources shall be allowed when the person. For purposes of this Executive Order. It shall be the policy of the State to regulate the prospecting of biological and genetic resources so that these resources are protected and conserved. the Department of Science and Technology (DOST). are owned by the State and the disposition. Effectivity. WHEREAS. the Department of Health (DOH). all Research Agreements with private persons and corporations. AND FOR OTHER PURPOSES WHEREAS. shall conform with the minimum requirements of a Commercial Research Agreement. Approved: June 16. Sec. as appropriate. If the prospecting of biological and genetic materials is intended primarily for academic purposes. by virtue of the powers vested in me by Law and the Constitution. on recommendation of the InterAgency Committee on Biological and Genetic Resources. THEIR BY-PRODUCTS AND DERIVATIVES. Article II of the Philippine Constitution. regulation. directly or indirectly. DOH. on mutually agreed terms. are developed and put to the sustainable use and benefit of the national interest. 247 May 18. Consent of Indigenous Cultural Communities. do hereby order: Sec. undertaking such activities.All laws. the Department of Agriculture (DA). entity or corporation. a. administrative or policy measures. 3. 8. Prospecting of biological and genetic resources shall be allowed only with the prior informed consent of the concerned local communities. implementation. the primary agency mandated to promote local capability in science and technology to achieve technological self-reliance in selected areas vital to national development.Commission for the current year. WHEREAS. an inter-agency approach is the most appropriate way of regulating the research. Subsequently. with the aim that contracting parties. which provide genetic resources are provided access to and transfer of technology which makes use of those resources.net b. Prospecting of biological and genetic resources shall be allowed within the ancestral lands and domains of indigenous cultural communities only with the prior informed consent of such communities. FOR SCIENTIFIC AND COMMERCIAL PURPOSES. NOW. Section 16. the agency responsible for the promotion of sustainable agriculture and aquatic resource development. . . its appropriation shall be included in the annual General Appropriations Act. vests in the State the ultimate responsibility to preserve and protect the environment. and use of species. including the research. the agreement shall be an Academic Research Agreement. 40. including all agreements with foreign or international entities. THEREFORE. FIDEL V. has entered into a Research Agreement with the Philippine government. depending on the nature and character of the prospecting activity. Sec. or DOST. WHEREAS.

Provided that holotypes designated by the author must be maintained at the National Museum. The applicant shall first submit an application for a Research Agreement to the Inter-Agency Committee on Biological and Genetic Resources through the Protected Areas and Wildlife Bureau (PAWB). Minimum Terms of the Commercial Research Agreement and Academic Research Agreement. must inform the Philippine Government. local or indigenous cultural community an individual person or designated beneficiary in case commercial use is derived from the biological and genetic resources taken. (i) The Commercial Collector and/or its Principal shall be encouraged to avail of the services of Philippine universities and academic institutions. Provided. further. For Academic Research Agreements. there must be a statement that the technology must be made available to a designated Philippine institution and can be used commercially and locally without paying royalty to a Collector or Principal. duration. Application for Academic Research Agreement and Commercial Research Agreement. This involvement shall be at the cost of the Commercial Collector. Action on the proposal shall be made only after 60 days has lapsed after a copy of the proposal is received by the persons concerned. it must be stipulated that scientists who are citizens of the Philippines must be actively involved in the research and collection process and.Only duly-recognized Philippine universities and academic institutions. other forms of compensation may be negotiated. . It must include a research proposal stating the purpose. other agreements may be negotiated. (b) A complete set of all specimens collected shall be deposited by the Commercial/Academic Collector with the National Museum or a duly designated governmental entity. the agreement between the Commercial Collector and the Principal must be reviewed by the Inter-Agency Body to determine the latter agreement does not undermine the substantive requirements of this Executive Order. where applicable and appropriate as determined by the Inter-Agency Committee. The Minimum Terms of the Commercial Research Agreement and Academic Research Agreement are as follows: (a) There must be a limit on samples that the Commercial/Academic Collector may obtain and export and that the approved list and amount of the samples taken from the area must be followed strictly. (g) A status report of the research and the ecological state of the area and/or species concerned shall be submitted to the Inter-Agency Committee regularly as agreed upon. Sec. or in appropriate cases. its Principal. and intergovernmental entities may apply for an Academic Research Agreement. domestic governmental entities. Provided. (d) The Commercial/Academic Collector. (e) The agreement shall include a provision for the payment of royalties to the National Government. and a list of biological and genetic materials and the amount to be taken. that the following terms shall be considered in an Academic Research Agreement. however. 5. (h) If the Commercial Collector or its Principal is a foreign person or entity.net (j) A fixed fee must be paid to the DENR in accordance with a schedule of fees formulated by the Inter-Agency Committee. Where appropriate and applicable. as well as the affected local and indigenous cultural communities all discoveries from the activity conducted in the Philippines. the Commercial Collector and/or its Principal shall be required to transfer equipment to a Philippine institution or entity. if a commercial product is derived from such activity. source of funds. The requisites for research agreements are in Appendix B. (c) Access to collected specimens and relevant data shall be allowed to all Filipino citizens and the Philippine governmental entities whenever these specimens are deposited in depositories abroad. Where the Commercial or Academic Collector is merely an agent or merely collecting for another person or entity. Sec. in the technological development of a product derived from the biological and/or genetic resources taken from any area in the Philippines. the proposal may be broader and more general in character as provided in Section 5 (m). The Agreement may also be revoked on the basis of public interest and welfare. lawphi1. that where appropriate and applicable. (k) The maximum term for a Commercial Research Agreement shall be for three years and renewable upon review by the Inter-Agency Committee. (f) There shall be a provision allowing the Philippine government to unilaterally terminate the agreement whenever the Commercial/Academic Collector has violated any of its terms. A copy of the proposal must be submitted to the recognized head of the local or indigenous cultural community or communities that may be affected. and (l) In case of endemic species. 4. Where applicable and appropriate.

9. In such cases. natural products chemistry or similar disciplines. The replacement shall serve the unexpired term of the member replaced. The Inter-Agency Committee shall be composed of the following: 1. In case of death. Powers and Functions of the Inter-Agency Committee. 3. The Inter-Agency Committee shall meet at least once every quarter and shall have the following functions: (a) Process applications for Research Agreements and recommend for approval thereof to the Secretary of DENR. It shall also be ensured that the specimens collected have been deposited in the Philippines. (d) Deputize and train appropriate agencies so as to ensure that no biological and genetic materials are taken from the Philippines and exported abroad except under a valid Research Agreement. A representative from a People's Organization (PC) with membership consisting of indigenous cultural communities and/or their organizations to be selected by the PO community through a process designed by themselves and through the endorsement of the Philippine Council for Sustainable Development. In all cases. lawphi1. An Undersecretary of the Department of Environment and Natural Resources designated by the DENR Secretary who shall be the Chairperson of the Committee. 7. who must be knowledgeable about biodiversity or biotechnology. Sec 6. and (p) The maximum term for an Academic Research Agreement shall be for five years and renewable upon review by the Inter-Agency Committee. to be headed by the PAWB. resignation. A permanent representative of the Department of Foreign Affairs who has to facilitate international linkage relative to bioprospecting. . biotechnology. academic institution and governmental entity shall ensure that all the terms and conditions of the government are complied with by the affiliated scientist or researcher.(m) The Academic Research Agreement may be comprehensive in scope and cover as may areas as may be projected. It may stipulate that all scientists and researchers affiliated with a duly-recognized university. governmental and intergovernmental entity need not apply for a different Research Agreement but may conduct research and collection activities in accordance with an existing Academic Research Agreement. removal or other circumstance which requires the replacement of a member. (c) Determine the list and amount of biological and genetic materials that may be taken from the area and ensure that these are complied with. An Undersecretary of the Department of Science and Technology (DOST) designated by the DOST Secretary who shall be Co-Chairperson of the Committee. DA or DOST depending on the nature and character of the prospecting activity. the university. A permanent representative of the Secretary of the Department of Health who must be knowledgeable about pharmaceutical research and development. 6. lawphi1. A permanent representative of the Secretary of the Department of Agriculture. Composition and Functions of the Inter-Agency Committee on Biological and Genetic Resources. shall be created to support the work of the Inter-Agency Committee. lawphi1. Sec. genetics.net 4. 2. The Technical Secretariat shall be staffed with personnel from the PAWB and other agencies who shall be designated by the members of the Inter-Agency Committee. DOH. (b) Ensure that the conditions for the Research Agreements are strictly observed. An Inter-Agency Committee on Biological and Genetic Resources attached to the DENR is hereby created as the regulatory body to ensure that the provisions of this Executive Order are enforced and implemented. Two permanent representatives of the Philippine science community from the academe and who must be experts in any of the following fields: biodiversity. (n) There must be a provision requiring the Academic Collector to apply for a commercial research agreement when it becomes clear that the research and collection being done has commercial prospects. A permanent representative of the National Museum who has expertise on natural history and/or biological diversity. A representative from a Non-Government Organization (NGO) active in biodiversity protection to be selected by the NGO community through a process designed by themselves and later endorsed by the Philippine Council of Sustainable Development. shall be appointed by the DOST Secretary after nominations from and consultations with the science community. A Technical Secretariat. 7.net 8. said member may be succeeded by another person with the same qualifications and appointed in a similar process. the university institution or governmental entity must ensure that affected communities have given their prior informed consent to the activities to be undertaken. academic institution. (o) A minimal fee must be paid to the Philippine government in accordance with a schedule of fees by the Inter-Agency Committee.net 5. All members of the Inter-Agency Committee shall serve for a period of three years which may be renewed for another three years.

Funding. the National Museum or other governmental entities shall remain valid and effective. DOH OR DOST) may be appealed to the Office of the President. Sec. Effectivity. Decisions of the Secretary (DENR. and (k) Perform such other functions as may be necessary to implement this Executive Order." is hereby amended to read as follows: . Law Center. No. that the parties shall be required to enter into a new agreement conforming to this Executive Order. Such funding.(e) Ensure that the rights of the indigenous and local communities wherein the collection or researches are being conducted are protected. Paragraphs (a). Sec. (g) Involve local scientists in the decision making process by creating a MultiDisciplinary Advisory Body and other entities as may facilitate local involvement in the research. (h) Develop a conceptual framework. Existing Researches. 13. including the verification that the consent requirements in Sections 3 and 4 are complied with. The activities of the Inter-Agency Committee on Biological and Genetic resources shall be funded in accordance with law. for significantly increasing knowledge of Philippine biodiversity. 10022 AN ACT AMENDING REPUBLIC ACT NO. THEIR FAMILIES AND OVERSEAS FILIPINOS IN DISTRESS. 8042. Monitoring Implementation of the Research Agreement. DONE in the City of Manila. The Inter-Agency Committee. after consultations with the affected sectors. where allowed by law. The Protected Areas and Wildlife Bureau (PAWB) of the DENR shall be the lead agency in monitoring the implementation of the research agreement. as amended. All existing research projects. 4 and 5 shall be a valid cause of immediate termination of the Agreement and the imposition of a perpetual ban on undertaking prospecting of biological and genetic resources in the Philippines. 8. REPUBLIC ACT No. may include savings coming from the appropriate and concerned Departments and proceeds from the fees imposed on the Research Agreements. Contracts Agreements. The official depository of all original and official documents such as agreements and minutes of the meeting is the PAWB. collection and utilization of biological and genetic resources. Nineteen Hundred and Ninety-Five. AS AMENDED. All decisions of the Inter-Agency Committee must be by a majority of all its members. (j) Issue rules and regulations to effectively carry out the provisions of this Executive Order. All valid and existing contracts and agreements entered into by the PAWB. Sanctions and Penalties. Sec. FURTHER IMPROVING THE STANDARD OF PROTECTION AND PROMOTION OF THE WELFARE OF MIGRANT WORKERS. 15. using the research agreements entered into as well as other data as basis. Undertaking activities in violation of this Executive Order shall be subjected to such criminal penalties as may be proper under existing laws including the National Integrated Protected Areas System Act of 1992 and the Revised Forestry Code. where allowed under existing law. otherwise known as the "Migrant Workers and Overseas Filipinos Act of 1995. The regional offices of the DENR shall also participate in the monitoring. collection and utilization activities. Appeals. 10. The implementing rules and regulations shall be formulated by the Inter-Agency Committee and signed by the Secretary of DENR not later than three months after the effectivity of the Executive Order. Implementing Rules and Regulations. (i) Coordinate with the National Committee on Biosafety when necessary or appropriate. 11. This Executive Order and Rules and Regulations takes effect immediately upon publication in two newspapers of general circulation and upon filing of three certified copies with the U. Sec. DA. Sec. may proceed pending the negotiation and entry into force of appropriate research agreement. Provided. AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. shall formulate and issue guidelines implementing the provision on prior informed consent. Sec. on this 18th day of May in the year of our Lord. Sec. Failure to comply with the provisions of the Research Agreements entered into under Sections 3. 8042. 12. (f) Study and recommend to the President and the Congress appropriate laws on the utilization of biological and genetic resources including new laws on intellectual property rights. 9.P. 14. OTHERWISE KNOWN AS THE MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995. Sec. (e). (g) and (h) of Section 2 of Republic Act. Official Depository. The Inter-Agency Committee shall establish mechanisms to ensure the integration and dissemination of the information generated from research. Recourse to the courts shall be allowed after exhaustion of all administrative remedies.

"(a) In the pursuit of an independent foreign policy and while considering national sovereignty, territorial integrity, national interest and the right to selfdetermination paramount in its relations with other states, the State shall, at all times, uphold the dignity of its citizens whether in country or overseas, in general, and Filipino migrant workers, in particular, continuously monitor international conventions, adopt/be signatory to and ratify those that guarantee protection to our migrant workers, and endeavor to enter into bilateral agreements with countries hosting overseas Filipino workers." "(e) Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. In this regard, it is imperative that an effective mechanism be instituted to ensure that the rights and interest of distressed overseas Filipinos, in general, and Filipino migrant workers, in particular, whether regular/documented or irregular/undocumented, are adequately protected and safeguarded." "(g) The State recognizes that the most effective tool for empowerment is the possession of skills by migrant workers. The government shall provide them free and accessible skills development and enhancement programs. Pursuant to this and as soon as practicable, the government shall deploy and/or allow the deployment only of skilled Filipino workers." "(h) The State recognizes non-governmental organizations, trade unions, workers associations, stakeholders and their similar entities duly recognized as legitimate, are partners of the State in the protection of Filipino migrant workers and in the promotion of their welfare. The State shall cooperate with them in a spirit of trust and mutual respect. The significant contribution of recruitment and manning agencies shall from part this partnership." Section 2. Section 3, paragraph (a) of Republic Act No. 8042, as amended, is hereby amended to read as follows: "(a) "Overseas Filipino worker" refers to a person who is to be engaged, is engaged or has been engaged in a remunerated activity in a state of which he or she is not a citizen or on board a vessel navigating the foreign seas other than a government ship used for miliatry or non-commercial purposes or on an installation located offshore or on the high seas; to be used interchangeably with migrant worker." Section 3. Section 4 of Republic Act No. 8042, as amended, is hereby amended to rerad as follows: "SEC. 4. Deployment of Migrant Workers. - The State shall allow the deployment of overseas Filipino workers only in countries where the rights of Filipino migrant workers are protected. The government recognizes any of the following as a guarantee on the part of the receiving country for the protection of the rights of overseas Filipino workers:

"(a) It has existing labor and social laws protecting the rights of workers, including migrant workers; "(b) It is a signatory to and/or a ratifier of multilateral conventions, declarations or resolutions relating to the protection of workers, including migrant workers; and "(c) It has concluded a bilateral agreement or arrangement with the government on the protection of the rights of overseas Filipino Workers: Provided, That the receiving country is taking positive, concrete measures to protect the rights of migrant workers in furtherance of any of the guarantees under subparagraphs (a), (b) and (c) hereof. "In the absence of a clear showing that any of the aforementioned guarantees exists in the country of destination of the migrant workers, no permit for deployment shall be issued by the Philippine Overseas Employment Administration (POEA). "The members of the POEA Governing Board who actually voted in favor of an order allowing the deployment of migrant workers without any of the aforementioned guarantees shall suffer the penalties of removal or dismissal from service with disqualification to hold any appointive public office for five (5) years, Further, the government official or employee responsible for the issuance of the permit or for allowing the deployment of migrant workers in violation of this section and in direct contravention of an order by the POEA Governing Board prohibiting deployment shall be meted the same penalties in this section. "For this purpose, the Department of Foreign Affairs, through its foreign posts, shall issue a certification to the POEA, specifying therein the pertinent provisions of the receiving country's labor/social law, or the convention/declaration/resolution, or the bilateral agreement/arrangement which protect the rights of migrant workers. "The State shall also allow the deployment of overseas Filipino workers to vessels navigating the foreign seas or to installations located offshore or on high seas whose owners/employers are compliant with international laws and standards that protect the rights of migrant workers. "The State shall likewise allow the deployment of overseas Filipino workers to companies and contractors with international operations: Provided, That they are compliant with standards, conditions and requirements, as embodied in the employment contracts prescribed by the POEA and in accordance with internationally-accepted standards." Section 4. Section 5 of Republic Act No. 8042, as amended, is hereby amended to read as follows:

"SEC. 5. Termination or Ban on Deployment. - Notwithstanding the provisions of Section 4 hereof, in pursuit of the national interest or when public welfare so requires, the POEA Governing Board, after consultation with the Department of Foreign Affairs, may, at any time, terminate or impose a ban on the deployment of migrant workers." Section 5. Section 6 of Republic Act No. 8042, as amended, is hereby amended to read as follows: "SEC. 6. Definition. - For purposes of this Act, illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by non-licensee or non-holder of authority contemplated under Article 13(f) of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines: Provided, That any such non-licensee or non-holder who, in any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. It shall likewise include the following acts, whether committed by any person, whether a non-licensee, non-holder, licensee or holder of authority: "(a) To charge or accept directly or indirectly any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary of Labor and Employment, or to make a worker pay or acknowledge any amount greater than that actually received by him as a loan or advance; "(b) To furnish or publish any false notice or information or document in relation to recruitment or employment; "(c) To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under the Labor Code, or for the purpose of documenting hired workers with the POEA, which include the act of reprocessing workers through a job order that pertains to nonexistent work, work different from the actual overseas work, or work with a different employer whether registered or not with the POEA; "(d) To include or attempt to induce a worker already employed to quit his employment in order to offer him another unless the transfer is designed to liberate a worker from oppressive terms and conditions of employment; "(e) To influence or attempt to influence any person or entity not to employ any worker who has not applied for employment through his agency or who has formed, joined or supported, or

has contacted or is supported by any union or workers' organization; "(f) To engage in the recruitment or placement of workers in jobs harmful to public health or morality or to the dignity of the Republic of the Philippines; "(h) To fail to submit reports on the status of employment, placement vacancies, remittance of foreign exchange earnings, separation from jobs, departures and such other matters or information as may be required by the Secretary of Labor and Employment; "(i) To substitute or alter to the prejudice of the worker, employment contracts approved and verified by the Department of Labor and Employment from the time of actual signing thereof by the parties up to and including the period of the expiration of the same without the approval of the Department of Labor and Employment; "(j) For an officer or agent of a recruitment or placement agency to become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly or indirectly in the management of travel agency; "(k) To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations, or for any other reasons, other than those authorized under the Labor Code and its implementing rules and regulations; "(l) Failure to actually deploy a contracted worker without valid reason as determined by the Department of Labor and Employment; "(m) Failure to reimburse expenses incurred by the worker in connection with his documentation and processing for purposes of deployment, in cases where the deployment does not actually take place without the worker's fault. Illegal recruitment when committed by a syndicate or in large scale shall be considered an offense involving economic sabotage; and "(n) To allow a non-Filipino citizen to head or manage a licensed recruitment/manning agency. "Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons individually or as a group.

"In addition to the acts enumerated above, it shall also be unlawful for any person or entity to commit the following prohibited acts: "(1) Grant a loan to an overseas Filipino worker with interest exceeding eight percent (8%) per annum, which will be used for payment of legal and allowable placement fees and make the migrant worker issue, either personally or through a guarantor or accommodation party, postdated checks in relation to the said loan; "(2) Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is required to avail of a loan only from specifically designated institutions, entities or persons; "(3) Refuse to condone or renegotiate a loan incurred by an overseas Filipino worker after the latter's employment contract has been prematurely terminated through no fault of his or her own; "(4) Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is required to undergo health examinations only from specifically designated medical clinics, institutions, entities or persons, except in the case of a seafarer whose medical examination cost is shouldered by the principal/shipowner; "(5) Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is required to undergo training, seminar, instruction or schooling of any kind only from specifically designated institutions, entities or persons, except fpr recommendatory trainings mandated by principals/shipowners where the latter shoulder the cost of such trainings; "(6) For a suspended recruitment/manning agency to engage in any kind of recruitment activity including the processing of pending workers' applications; and "(7) For a recruitment/manning agency or a foreign principal/employer to pass on the overseas Filipino worker or deduct from his or her salary the payment of the cost of insurance fees, premium or other insurance related charges, as provided under the compulsory worker's insurance coverage. "The persons criminally liable for the above offenses are the principals, accomplices and accessories. In case of juridical persons, the officers having ownership, control, management or direction of their business who are responsible for the commission of the offense and the responsible employees/agents thereof shall be liable.

"In the filing of cases for illegal recruitment or any of the prohibited acts under this section, the Secretary of Labor and Employment, the POEA Administrator or their duly authorized representatives, or any aggrieved person may initiate the corresponding criminal action with the appropriate office. For this purpose, the affidavits and testimonies of operatives or personnel from the Department of Labor and Employment, POEA and other law enforcement agencies who witnessed the acts constituting the offense shall be sufficient to prosecute the accused. "In the prosecution of offenses punishable under this section, the public prosecutors of the Department of Justice shall collaborate with the anti-illegal recruitment branch of the POEA and, in certain cases, allow the POEA lawyers to take the lead in the prosecution. The POEA lawyers who act as prosecutors in such cases shall be entitled to receive additional allowances as may be determined by the POEA Administrator. "The filing of an offense punishable under this Act shall be without prejudice to the filing of cases punishable under other existing laws, rules or regulations."1avvphi1 Section 6. Section 7 of Republic Act No. 8042, as amended, is hereby amended to read as follows: "SEC. 7. Penalties. "(a) Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of not less than twelve (12) years and one (1) day but not more than twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) nor more than Two million pesos (P2,000,000.00). "(b) The penalty of life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) nor more than Five million pesos (P5,000,000.00) shall be imposed if illegal recruitment constitutes economic sabotage as defined therein. "Provided, however, That the maximum penalty shall be imposed if the person illegally recruited is less than eighteen (18) years of age or committed by a non-licensee or non-holder of authority. "(c) Any person found guilty of any of the prohibited acts shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day but not more than twelve (12) years and a fine of not less than Five hundred thousand pesos (P500,000.00) nor more than One million pesos (P1,000,000.00). "If the offender is an alien, he or she shall, in addition to the penalties herein prescribed, be deported without further proceedings.

00) but not more than One million pesos (Php 1.Notwithstanding any provision of law to the contrary. Such mechanism shall include coordination and cooperation with the Department of Justice. That the penalties herein provided shall be without prejudice to any liability which any such official may have incured under other existing laws or rules and regulations as a consequence of violating the provisions of this paragraph. The refund shall be paid within thirty (30) days from the date of the mandatory repatriation as provided for in this Act." Section 7. or "(c) Dismissal from the service with disqualification to hold any appointive public office for five (5) years. the corporate officers and directors and partners as the case may be. "In case of termination of overseas employment without just.Upon discovery or being informed of the presence of migrant workers whose ages fall below the minimum age requirement for overseas deployment. and other non-governmental organizations and volunteer groups. within ninety (90) calendar days after the filing of the complaint. This provision shall be incorporated in the contract for overseas employment and shall be a condition precedent for its approval. conviction shall cause and carry the automatic revocation of the license or registration of the recruitment/manning agency. 8042. without further proceedings. the worker shall be entitled to the full reimbursement if his placement fee and the deductions made with interest at twelve percent (12%) per annum." Section 9. as amended is hereby amended to read as follows: "SEC. moral. The performance bond to de filed by the recruitment/placement agency. as provided by law. If the recruitment/placement agency is a juridical being. as amended. . valid or authorized cause as defined by law or contract. Section 16 of Republic Act No.000. 16. Mandatory Repatriation of Underage Migrant Workers. from participating in the Philippine Overseas Employment Program and from recruiting and hiring Filipino workers until and unless it fully satisfies the judgement award. The first paragraph of Section 13 of Republic Act No. without need of notice." Section 8.000. "Any compromise/amicable settlement or voluntary agreement on money claims inclusive of damages under this section shall be paid within thirty (30) days from approval of the settlement by the appropriate authority. withheld until the said official complies therewith. shall be answerable for all money claims or damages that may be awarded to the workers. the claims arising out of an employer-employee relationship or by virtue of any law or contract involving Filipino workers for overseas deployment including claims for actual. 10. . Money Claims. it shall be automatically disqualified. "Such liabilities shall continue during the entire period or duration of the employment contract and shall not be affected by any substitution. Section 10 of Republic Act No. as amended. the NLRC shall endeavor to update and keep abreast with the developments in the global services industry. amendment or modification made locally or in a foreign country of the said contract. exemplary and other forms of damage. "Noncompliance with the mandatory periods for resolutions of case provided under this section shall subject the responsible officials to any or all of the following penalties: "(a) The salary of any such official who fails to render his decision or resolution within the prescribed period shall be. 8042. shall themselves be jointly and solidarily liable with the corporation or partnership for the aforesaid claims and damages. The license of a recruitment/manning agency which recruited or deployed an underage migrant worker shall be automatically revoked and shall be imposed a fine of not less than Five hundred thousand pesos (Php 500. plus his salaries for the unexpired portion of his employment contract or for three (3) months for every year of the unexpired term. "(b) Suspension for not more than ninety (90) days. is hereby amended to read as follows: "SEC. "In case of a final and executory judgement against a foreign employer/principal. 13. The refund shall be independent of and in addition to the indemnification for the damages sustained by the underage migrant worker.00). "Provided. however."In every case. Free Legal Assistance. the Integrated Bar of the Philippines. All fees pertinent to the processing of papers or documents in the recruitment or deployment shall be refunded in full by the responsible recruitment/manning agency. whichever is less. or caused to be. Consistent with this mandate. 8042. is hereby amended to read as follows: "SEC.A mechanism for free legal assistance for victims of illegal recruitment shall be established in the anti-illegal recruitment branch of the POEA including its regional offices. to the underage migrant worker or to his parents or guardian. training school or medical clinic. Preferential Entitlement Under the Witness Protection Program." . or any unauthorized deductions from the migrant worker's salary.000. the Labor Arbiters of the National Labor Relations Commission (NLRC) shall have the original and exclusive jurisdiction to hear and decide. lending institutions. "The liability of the principal/employer and the recruitment/placement agency for any and all claims under this section shall be joint and several. the responsible officers in the foreign service shall without delay repatriate said workers and advise the Department of Foreign Affairs through the fastest means of communication available of such discovery and other relevant information. .

"(c) Institute.An interagency committee composed of the Department of Foreign Affairs and its attached agency. the Commission on Filipinos Overseas. 17. individual volunteers and bona fide non-government organizations from the host countries. The Labor Attache shall coordinate the operation of the Center and shall keep the Chief of Mission informed and updated on all matters affecting it. and stakeholders. . within ninety (90) days from the effectivity of this Act. the National Statistical and Coordination Board. is hereby amended to read as follows: "SEC. the Department of Justice the Bureau of Immigration. Establishment of National Reintegration Center for Overseas Filipino Workers. formulate a program that would motivate migrant workers to plan for productive options such as entry into highly technical jobs or undertakings. orally and in writing. and investment of savings. laws. and the Philippine Overseas Employment Administration (POEA) shall. customs and practices. "(e) Develop and implement other appropriate programs to promote the welfare of returning Filipino migrant workers. and shall be staffed by Foreign Service personnel. 18. 8042. and "(h) Conduct research for policy recommendations and program development. -A national reintegration center for overseas Filipino workers (NRCO) is hereby created in the Department of Labor and Employment for returning Filipino migrant workers which shall provide a mechanism for their reintegration into the Philippine society. if available. In countries categorized as highly problematic by the Department of Foreign Affairs and the Department of Labor and Employment and where there is a concentration of Filipino migrant workers. service providers and relevant international organizations for the promotion. The Center shall be open for twenty-four (24) hours daily including Saturdays. the Department of Labor and Employment and its attached concerned agencies. 8042. Functions of the National Reintegration Center for Overseas Filipino Workers. the National Computer Center. 20. Sundays and holidays. implementers. development and the full utilization of overseas Filipino worker returnees and their potentials. "(g) Develop capacity-building programs for returning overseas Filipino workers and their families. and other government agencies involved in training and livelihood development shall give priority to returnees who had been employed as domestic helpers and entertainers. service providers and international organizations. . "For this purpose. the Commission on Information and Communications Technology. and tap their skills and potentials for national development. service attaches or officers who represent other Philippine government agencies abroad and. the government must provide a Sharia or human rights lawyer. public relation officers or case officers who are conversant. both public and private. "(f) Maintain an internet-based communication system for on-line registration and interaction with clients." Section 11. a computer-based information system on returning Filipino migrant workers shall be accessible to all local recruitment agencies and employers." Section 13. Section 20 of Republic Act No." Section 12. "(d) Proved a periodic study and assessment of job opportunities for returning Filipino migrant workers. the government must also hire within the receiving country. 8042. the Department of Tourism. Section 18 of Republic Act No. as amended. savings. with the local language. 8042. the Technology Livelihood Resource Center (TLRC). service providers. Establishment of a Shared Government Information System for Migration. the National Bureau of Investigation. as amended is hereby amended to read as follows: "SEC. better wage employment. is hereby amended to read as follows: "SEC. is hereby amended to read as follows: "The establishment and operations of the Center shall be a joint undertaking of the various government agencies. in cooperation with other government agencies concerned. and maintain and upgrade computer-based service capabilities of the NRCO. the National Telecommunications Commission. the Overseas Workers Welfare Administration (OWWA). entrepreneurship. as amended. serve as a promotion house for their local employment. In addition to these personnel. the Technical Education and Skills Development Authority (TESDA). a psychologist and a social worker for the Center. the National Statistics Office and other government agencies concerned with overseas employment shall be established to implement a shared government information system for migration. "(b) Coordinate with appropriate stakeholders. the Department of the Interior and Local Government. livelihood and entrepreneurial development.Section 10. The second paragraph of Section 19 of Republic Act No. investments and financial literacy for returning Filipino migrant workers and their families in coordination with relevant stakeholders. in such number as may be needed by the post. "The Department of Labor and Employment. as amended. -The Center shall provide the following services: "(a) Develop and support programs and projects for livelihood. Section 17 of Republic Act No.

8042." Section 15. The second phase shall involve linkaging of computer facilities on order to allow free-flow data exchanges and sharing among concerned agencies. as amended. but not be limited to. It shall also be responsible for the implementation. of an intensified program against illegal recruitment activities. and "(i) Listing of overseas posts which may render assistance to overseas Filipinos. and taking into consideration the needs of vulnerable sectors and the peculiarities of sea-based and land-based workers.1) Philippine Overseas Employment Administration. "in addition to its powers and functions. is hereby amended to read as follows: "(b. as amended.1) of paragraph (b) of Section 23 of Republic Act No. when necessary. "(h) A tracking system of past and present gender disaggregated cases involving male and female migrant workers. It shall also formulate and implement. in general. The National Computer Center shall provide the necessary technical assistance and shall set the appropriate information and communications technology standards to facilitate the sharing of information among the member agencies. the Administration shall inform migrant workers not only of their rights as workers but also of their rights as human beings. "(f) Basic data on legal systems. For this purpose.2) of Paragraph (b) of Section 23 of Republic Act No. That such countries shall guarantee to protect the rights of Filipino migrant workers. instruct and guide the workers how to assert their rights and provide the available mechanism to redress violation of their rights. In appropriate cases. further. the POEA shall provide comprehensive Pre-Employment Orientation Seminars (PEOS) that will discuss topics such as prevention of illegal recruitment and gender-sensitivity. including minors. "(e) Blacklisted foreigners/undesirable aliens.The interagency committee shall initially make available to itself the information contained in existing data bases/files. is hereby amended to read as follows: . "(d) Statistical profile on Filipino migrant workers/overseas Filipinos/tourists. in particular. These shared data bases shall initially include. "(b) Inventory of pending legal cases involving Filipino migrant workers and other Filipino nationals. Sub-paragraph (b. in coordination with appropriate entities concerned. the Administration shall allow the lifting of suspension of erring recruitment/manning agencies upon the payment of fine of Fifty thousand pesos (P50. including those serving prison terms. by country/state of destination including visa classification. and migrant workers. securing the best possible employment terms and conditions for overseas Filipino workers. "The inter-agency committee shall meet regularly to ensure the immediate and full implementation of this section and shall explore the possibility setting up a central storage facility for the data on migration." Section 14. in partnership with other law-enforcement agencies. . "The Administration shall not engage in the recruitment and placement of overseas workers except on a government-to-government arrangement only.The Administration shall regulate private sector participation in the recruitment and overseas placement of workers by setting up a licensing and registration system. "(c) Masterlists of departing/arriving Filipinos. Subparagraph (b. "In the recruitment and placement of workers to service the requirements for trained and competent Filipino workers of foreign governments and their instrumentalitys. 8042.00) for every month of suspension. and such other employers as public interests may require. immigration policies. "The inter-agency committee shall be co-chaired by the Department of Foreign Affairs and the Department of Labor and Employment. "The inter-agency committee shall convene to identify existing data bases which shall be declassified and shared among member agencies. The progress of the implementation of this section shall be include in the report to Congress of the Department of Foreign Affairs and the Department of Labor and Employment under Section 33. and Provided. the Administration shall deploy only to countries where the Philippine has conclude bilateral labor agreements or arrangements: Provided. marriage laws and civil and criminal codes in receiving countries particularly those with large numbers of Filipinos. It shall be responsible for the regulation and management of overseas employment from the pre-employment stage.000. the following information: "(a) Masterlists of Filipino migrant workers/overseas Filipino classified according to occupation/job category. That such countries shall observe and/or comply with the international laws and standards for migrant workers. civil status. "(g) List of Labor and other human rights instruments where receiving countries are signatories. a system for promoting and monitoring the overseas employment of Filipino workers taking into consideration their welfare and the domestic manpower requirements.

"(b." Section 16. the DOH shall ensure that: " (c. In the performance of this function.2) The Filipino migrant worker shall only be required to undergo health examinations when there is reasonable certainty that he or she will be hired and deployed to the jobsite and only those health examinations which are absolutely necessary for the type of job applied for or those specifically required by the foreign employer shall be conducted.4) Every Filipino migrant worker shall have the freedom to choose any of the DOH-accredited or DOH-operated clinics that will conduct his/her health examinations and that his or her rights as a patient are respected. dental. The decking practice. physical. To carry out this task.The Welfare officer of in his absence. "In case an overseas Filipino worker is found to be not medically fit upon his/her immediate arrival in the country of destination. shall not be allowed. Pursuant to this.5) Within a period of three (3) years from the effectivity of this Act. the local government units (LGUs). pursuant to POEA rules and regulations. "(d) Local Government Units. "Any Foreign employer who does not honor the results of valid health examinations conducted by a DOH-accredited or DOH-operated clinic shall be temporarily disqualified from the participating in the overseas employment program. all DOH regional and/or provincial hospitals shall establish and operate clinics that can be serve the health examination requirements of Filipino migrant workers to provide them easy access to such clinics all over the country and lessen their transportation and lodging expenses and " (c. in partnership with the POEA. add new paragraphs (c) and (d) with their corresponding subparagraphs to read as follows: "(c) Department of Health. as amended.1) Provide a venue for the POEA. shall take a proactive stance by being primarily responsible for the dissemination of information to their constituents on all aspects of overseas employment. "In the repatriation of workers to be undertaken by OWWA.6) All DOH-accredited medical clinics. The OWWA shall likewise formulate and implement welfare programs for overseas Filipino workers and their families while they are abroad and upon their return. he shall make representation and may call on the agencies or entities concerned to conferences or conciliation meetings for the purpose of settling the compliance or problems brought to his attention. other concerned government agencies and non-government organizations to conduct PEOS to their constituents on a regular basis. psychological and other similar examinations. Such desk or kiosk shall. 8042. the latter shall be authorized to pay repatriation-related expenses. rules or regulations. other concerned government agencies .The Department of Health (DOH) shall regulate the activities and operations of all clinics which conduct medical. " (c. " (c. " (c. .2) Overseas Workers Welfare Administration. regularly monitored and duly published to ensure that the said fees are reasonable and not exorbitant.In the fight against illegal recruitment. particularly the . including the DOHoperated clinics. and non-government organizations advocating the rights and welfare of overseas Filipino workers. the medical clinic that conducted the health examination/s of such overseas Filipino worker shall pay for his or her repatriation back to the Philippines and the cost of deployment of such worker. "(d. on Filipino migrant workers as requirement for their overseas employment. the coordinating officer shall provide the Filipino migrant worker and his family all the assistance they may need in the enforcement of contractual obligations by agencies or entities and/or by their principals. It shall ensure the awareness by the overseas Filipino workers and their families of these programs and other related governmental programs.1) The fees for the health examinations are regulated. " (c. such as fines or penalties. Under Section 23 of Republic Act No. conducting health examinations for Filipino migrant workers shall observe the same standard operating procedures and shall comply with internationally-accepted standards in their operations to conform with the requirements of receiving countries or of foreign employers/principals. . as be linked to the database of all concerned government agencies. .2) Establish overseas Filipino worker help desk or kiosk in their localities with the objective of providing current information to their constituents on all the processes aspects of overseas employment.3) No group or groups of medical clinics shall have a monopoly of exclusively conducting health examinations on migrant workers for certain receiving countries. subject to such guidelines as the OWWA Board of Trustees may prescribe. hereinafter referred to as health examinations. which requires an overseas Filipino worker to go first to an office for registration and then farmed out to a medical clinic located elsewhere. the following shall be undertaken by the LGUs: "(d. Such penalty is without prejudice to any other liability which he or she may have incurred under existing laws. "Any government official or employee who violates any provision of this subsection shall be removed or dismissed from service with disqualification to hold any appointive public office for five(5) years. optical.

00) from the Contingency Fund of the President. "(b) Only non-government organizations that protect and promote the rights and welfare of overseas Filipino workers. democratic and transparent. the respective Boards of the POEA and the OWWA shall. when circumstances warrant urgent action.There is herby established a legal assistance fund for migrant workers.00) : Provided. 1694 and 1809. is hereby amended to read as follows: "SEC.000.000. Subparagraph ( c ) of Section of Republic Act No. OWWA and other Boards. further. have three (3) members each who shall come from the women." Section 17. . that the balance of the Legal Assistance Fund (LAF) including the amount appropriated for the year shall not be less than One hundred million pesos (P100. including the expenditures from the said fund duly audited by the Commission on Audit (COA): Provided. and "An amount appropriated in the annual General Appropriations Act (GAA) which shall not be less than Thirty million pesos (30. able to read and write.000. "Thirty million pesos (30." Section 19. be turned over to. "Twenty million pesos (20. That the fund shall be treated as a special fund in the National Treasury and its balance. as amended. as amended. seabased and land-based sectors shall be governed by the following guidelines: "(a) The POEA and the OWWA shall launch a massive information campaign on the selection of nominees and provide for a system of consultative sessions for the certified leaders or representatives of the concerned sectors.000.00) to be constituted from the following sources.000. Notwithstanding any provision of law to the contrary.000. criteria and procedures promulgated in accordance with Section 24 ( a ) herof. Section 32 of Republic Act No. "Fifty million pesos (50. Section 25 of Republic Act No. POEA. and a migrant worker at the time of his or her nomination or was a migrant worker with at least three (3) years experience as such. as provided for under Section 33 of this Act. in addition to their present composition. other bar associations and other government legal experts on overseas Filipino worker laws to complement the government's efforts to provide legal assistance to our migrant workers.000.000.000.000. and in existence for at least three (3) years prior to the nomination shall be qualified to nominate a representative for each sector to the Board. Additional Memberships. the Fund created under this Act. That at the end of every year.00) from the Welfare Fund for Overseas Workers established under Letter of Instructions No. is hereby amended to read as follows: "SEC.00) per year: Provided. shall not revert to the General Fund. the Integrated Bar of the Philippines. Uses of the Legal Assistance Fund. " The selection and nomination of the additional members from the women." Section 20. as amended. 8042. the status of the Legal Assistance Fund. the Department of Foreign Affairs shall include in its report to Congress. including the amount appropriated in the GAA. and form part of. 32. " Any balances of existing funds which have been set aside by the government specifically as legal assistance or defense fund to help migrant workers shall upon effectivity of this Act. to be selected and nominated openly by the general membership of the sector being represented. and . shall be exempt from the coverage of Republic Act No.000.000. is hereby amended to read as follows: "SEC. is hereby amended to read as follows: "( c ) To tap the assistance of reputable law firms. further. Legal Assistance Fund.The Legal Assistance Fund created under the preceding section shall be used exclusively6 to provide legal services to migrant workers and overseas Filipinos in distress in accordance with the guidelines. 25. Section 26 of Republic Act No. 8042. bail bonds to secure the temporary releases and other litigation expenses: Provided.00) from the Contingency Fund of the President Social Fund. as amended. hereinafter referred to as the Legal Assistance Fund. 8042. for purposes of selection.POEA for its updated lists of overseas job orders and licensed recruitment agencies in good standing. within ninety (90) days before the boards shall be convened.That the hiring of foreign legal counsels. 8042. 26. The expenditures to be charged against the Fund shall include the fees for the foreign lawyers to be hired by the Legal Assistant for Migrant Workers Affairs to represent migrant workers facing charges or in filing cases against erring or abusive employers abroad. 537 as amended by Presidential Decree Nos. The process shall be open. . in the amount of one hundred million pesos (P100. duly registered with the appropriate Philippine government agency and in good standing as such." Section 18. sea-based and land-based sectors respectively. 9184 or the Government Procurement Act. at least three (3) times. which shall form part of the Fund. "(c) The nominee must be at least twenty-five (25) years of age.

of Replublic Act No. is hereby added to read as follows: "SEC. procuring consular services. obtaining legal clearances. locating a local licensed funeral home. Such insurance policy shall be effective for the duration of the migrant worker's employment and shall cover. Section 35 of Republic Act No. each migrant worker deployed by a recruitment/manning agency shall be covered by a compulsory insurance policy which shall be secured at no cost to the said worker. providing necessary casket or air transport container. the representatives to the POEA/OWWA governing boards. "Any executive issuances or orders issued that contravene the provisions of this section shall have no force and effect. .All laws to the contrary notwithstanding. 35.00) Per month for a maximum of six (6) months for a migrant worker who is involved in a case or litigation for the protection of his/her rights in the receiving country. is hereby amended to read as follows: "SEC. 33. as well as transporting the remains including retrieval from site of death and delivery to the receiving funeral home. with at least One hundred United States dollars (US$100. as amended. as amended. "(c) Permanent total disablement. . "The additional members shall have a term of three (3) years and shall be eligible for reappointment for another three (3) years. "All other government agencies and government-owned or controlled corporations which require at least one (1) representative from the overseas workers sector to their respective boards shall follow all the applicable provisions of this section. completing all documentation. the President shall in accordance with the provisions of this Act. The first and last paragraph of Section 33 of Republic Act No. . 8042. mortuary or direct disposition facility to prepare the body for transport.00) survivor's benefit payable to the migrant worker's beneficiaries. .000. In case of vacancy. with at least Seven thousand five hundred United States dollars (US$7. complete loss of sight of both eyes.500." Section 22. permanent complete paralysis of two (2) limbs. A new Section 37-A. Exemption from Travel Tax Documentary Stamp and Airport Fee. The following disabilities shall be deemed permanent: total. appoint a replacement who shall serve the unexpired term of his or her predecessor. the insurance provider shall arrange and pay for the repatriation or return of the worker's remains.00) disability benefit payable to the migrant worker.In addition to the performance bond to be filed by the recruitment/manning agency under Section 10. but not limited to. the President shall select and appoint from the list. the migrant workers shall be exempt from the payment of travel tax and airport-fee upon proper showing of proof entitlement by the POEA.In order to inform the Philippine Congress on the implementation of the policy enunciated in Section 4 hereof. upon showing of the same proof of entitlement by the overseas Filipino worker's beneficiary or recipient. Report to Congress. Compulsory Insurance Coverage for Agency-Hired Workers. including the transport of his or her personal belongings. the Department of Foreign Affairs and the Department of Labor and Employment shall submit separately to the said body a semi-annual report of Philippine foreign posts located in countries hosting Filipino migrant workers. brain injury resulting to incurable imbecility or insanity. is hereby amended to read as follows: SEC. shall be exempt from the payment of documentary stamp tax. as amended." Section 21. which shall consist of three(3) names for each sector to be represented. The insurance provider shall also render any assistance necessary in the transport including. "(d) Repatriation cost of the worker when his/her employment is terminated without any valid cause. The report shall include. but shall not limited to. In case of death. The mid-year report covering the period January to June shall be submitted not later than October 31 of the same year while the year-end report covering the period July to December shall be submitted not later than May 31 of the following year. 8042. Section 23. loss of two(2) limbs at or above the ankles or wrists. at the minimum: "(a) Accidental death. with at least Fifteen thousand United States dollars (US$10. "The remittances of all overseas Filipino workers. the following information: "xxx " Any officer of the government who fails to submit the report as stated in this section shall be subject to an administrative penalty of dismissal from the service with disqualification to hold any appointive public office for five (5) years. "Within thirty (30) days from the submission of the list. 37-A. "(e) Subsistence allowance benefit. 8042."(d) A final list of all the nominees selected by the OWWA/POEA governing boards. shall be submitted to the President and published in a newspaper of general circulation.

in his absence. the following rules shall govern: "(1) After a decision has become final and executor or a settlement/compromise agreement has been reached between the parties at the NLRC. "For subsistence allowance benefit under subparagraph (e). (b). the responsibility of the family member or requested individual to meet all visa and travel document requirements. an order shall be released mandating the respondent recruitment/manning agency to pay the amount adjudged or agreed upon within thirty (30) days. employees or agents with relatives. "For repatriation under subparagraph (d) hereof. may be arranged.000. The insurance coverage for money claims shall be equivalent to at least three (3) months for every year of the migrant worker's employment contract. officers. "Any person having a claim upon the policy issued pursuant to subparagraphs (a). the insurance policy shall also include: "(g) Compassionate visit. and "(i) Medical repatriation. (d) and (e) of this section shall present to the insurance company concerned a written notice of claim together with pertinent supporting documents. such as air ambulance. and "(3) Medical Certificate . he shall be entitled to a compassionate visit by one (1) family member or a requested individual. . That the following documents. natural death or disablement under this section shall be paid by the insurance company without any contest and without the necessity of providing fault or negligence of any kind on the part of the insured migrant worker: Provided. the embassy or consular official shall issue a certification which states the name of the case.000. "In addition to the above coverage. Medical and non-medical escorts may be provided when necessary. "(h) Medical evacuation. the POEA shall accept certificates or other proofs of cover from recruitment/manning agencies: Provided. the recruitment/manning agency shall provide an authenticated copy thereof to the migrant worker. a certification which states the reason/s for the termination of the migrant worker's employment and the need for his or her repatriation shall be issued by the Philippine foreign post or the Philippine Overseas Labor Office (POLO) located in the receiving country. When a migrant worker is hospitalized and has been confined for at least seven (7) consecutive days. It shall then submit the certificate of insurance coverage of the migrant worker to POEA as a requirement for the issuance of an Overseas Employment Certificate (OEC) to the migrant worker.In case of permanent disablement. partners. It is. however. The insurance company shall pay for the transportation cost of the family member or requested individual to the major airport closest to the place of hospitalization of the worker. In the case of seafarers who are insured under policies issued by foreign insurance companies. When an adequate medical facility is not available proximate to the migrant worker. Insurance companies who have directors. repatriation under medical supervision to the migrant worker's residence shall be undertaken by the insurance provider at such time that the migrant worker is medically cleared for travel by commercial carrier. as determined by the insurance company's physician and/or a consulting physician. When medically necessary as determined by the attending physician. shall be sufficient evidence to substantiate the claim: "(1) Death Certificate . duly authenticated by the Philippine foreign posts. "Only reputable private insurance companies duly registered with the Insurance Commission (IC) . That the minimum coverage under sub-paragraphs (a) to (i) are included therein. and with a current year certificate of authority shall be qualified to provide for the worker's insurance coverage. "(2) Police or Accident Report . evacuation under appropriate medical supervision by the mode of transport necessary shall be undertaken by the insurance provider. who work or have interest in any of the licensed recruitment/manning agencies or in any of the government agencies involved in the overseas employment program shall be disqualified from providing this workers' insurance coverage. which are in existence and operational for at least Five hundred million pesos (P500. "Any claim arising from accidental death."(f) Money claims arising from employer's liability which may be awarded or given to the worker in a judgment or settlement of his or her case in the NLRC. the names of the parties and the nature of the cause of action of the migrant worker. (c). an alternative appropriate mode of transportation.In case of accidental death.00) to be determined by the IC. within the fourth civil degree of consanguinity or affinity. the concerned labor attaché or.In case of natural or accidental death. The insurance company shall forthwith ascertain the truth and extent of the claim and make payment within ten (10) days from the filing of the notice of claim. After procuring such insurance policy. If the period to receive medical clearance to travel exceeds fourteen (14) days from the date of discharge from the hospital. "The recruitment/manning agency shall have the right to choose from any of the qualified insurance providers the company that will insure the migrant worker it will deploy. "For the payment of money claims under subparagraph (f).

whether at home or abroad. After receiving the insurance payment. as amended. For migrant workers classified as rehires. the Department of Labor and Employment and the IC shall jointly make an assessment of the performance of all insurance providers. The Department of Labor and Employment shall include such assessment in its yearend report to Congress. based upon the report of the NLRC and the POEA on their respective interactions and experiences with the insurance companies. "(5) If the worker's claim was not settled within the aforesaid thirty (30)-day period. To protect the rights of these workers. IC. amending and/or repealing these subject provisions.There is hereby created a Joint Congressional Oversight Committee composed of five (5) Senators and five (5) Representatives to be appointed by the Senate President and the Speaker of the House of Representatives. "For purposes of this section. and they shall have the authority to ban or blacklist such insurance companies which are known to be evasive or not responsive to the legitimate claims of migrant workers. 8042. name hires or direct hires. "(6) The provision of compulsory worker's insurance under this section shall not affect the joint and solidary liability of the foreign employer and the recruitment/manning agency under Section 10. the said licensed recruitment/manning agency shall lose its license and all its directors. "(4) In case the insurance company fails to make payment within ten (10) days from the filing of the claim. the Department of Labor and Employment. as . "At the end of every year. "The foregoing provisions on compulsory insurance coverage shall be subject to automatic review through the Congressional Oversight Committee immediately after three (3) years from the effectivity of this Act in order to determine its efficacy in favor of the covered overseas Filipino workers and the compliance by recruitment/manning agencies and insurance companies. rules or regulations. "(7) Lawyers for the insurance companies. is hereby added to read as follows: "Sec. "(3) Within ten (10) days from the filing of notice of claim."(2) The recruitment/manning agency shall then immediately file a notice of claim with its insurance provider for the amount of liability insured. or the amount of liability insured. unless the latter is impleaded. shall formulate the necessary implementing rules and regulations. Section 24. in consultation with the recruitment/manning agencies and legitimate non-government organizations advocating the rights and welfare of overseas Filipino workers. partners. officers and employees shall be perpetually disqualified from engaging in the business of recruitment of overseas workers. taking into account that in case the amount of insurance coverage is insufficient to satisfy the amount adjudged or agreed upon. . the POEA shall establish a foreign employers guarantee fund which shall be answerable to the workers' monetary claims arising from breach of contractual obligations. 8042. the recruitment/manning agency's performance bond or escrow deposit shall be forthwith garnished to satisfy the migrant worker's claim. "For migrant workers recruited by the POEA on a government-to-government arrangement. it is liable to pay the balance thereof. Congressional Oversight Committee. the POEA shall provide them adequate legal assistance. without prejudice to an earlier review if necessary and warranted for the purpose of modifying. the recruitment/ manning agency shall pay the amount adjudged or agreed upon within the remaining days of the thirty (30)-day period. 37-B. the recruitment/manning agency shall immediately pay the migrant worker's claim in full. The Oversight Committee shall be co-chaired by the chairpersons of the Senate Committee on Labor and Employment and the House of Representatives Committee on Overseas Workers Affairs. proprietors. NLRC and the POEA. "In case it is shown by substantial evidence before the POEA that the migrant worker who was deployed by a licensed recruitment/manning agency has paid for the premium or the cost of the insurance coverage or that the said insurance coverage was used as basis by the recruitment/manning agency to claim any additional fee from the migrant worker. A new Section 37-B of Republic Act No. whichever is lower. including conciliation and mediation services. "Any question or dispute in the enforcement of any insurance policy issued under this section shall be brought before the IC for mediation or adjudication. the insurance company shall make payment to the recruitment/manning agency the amount adjudged or agreed upon. respectively. they may opt to be covered by this insurance coverage by requesting their foreign employers to pay for the cost of the insurance coverage or they may pay for the premium themselves. Such penalty is without prejudice to any other liability which such persons may have incurred under existing laws. attaching therewith a copy of the decision or compromise agreement. as provided in the first subparagraph hereof. shall be prohibited to appear before the NLRC in money claims cases under this section. The Oversight Committee shall have the following duties and functions: "(a) To set the guidelines and overall framework to monitor and ensure the proper implementation of Republic Act No.

Thereafter. NOGRALES Speaker of the House of Representatives (Sgd. or on consultancy. as amended. 8042. Approved. and "(f) To perform such other duties.This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.If. Separability Clause. functions and responsibilities as may be necessary to attain its objectives. or require any person by subpoena duces tecumdocuments or other materials as it may require consistent with the provisions of Republic Act No. Section 28. 2010 . Funding. Repealing Clause. and appoint such personnel. "The members of the Oversight Committee shall not receive additional compensation. projects and activities related to overseas employment. . 8042.000.amended. for any reason. in consultation with the Senate Committee on Labor and Employment and the House of Representatives Committee on Overseas Workers Affairs. 3286 and House Bill No.The departments and agencies charged with carrying out the provisions of this Act. within sixty (60) days after the effectivity of this Act. 8042. "(d) To submit periodic reports to the President of the Philippines and Congress on the implementation of the provisions of Republic Act No. including compensation of all personnel. as well as all programs. bureaus. and technical advice. 2009.All laws.000.The departments. BARUA-YAP Secretary General House of Represenatives (Sgd. Section 27. as amended. the same shall not affect the validity of the other provisions not affected thereby. 2010 and December 18. to carry out its powers and functions for its initial operations and for fiscal years wherein the General Appropriations Act is reenacted and no provision for its continued operation is included in such Act. agencies. .) JUAN PONCE ENRILE President of the Senate This Act which is a consolidation of Senate Bill No. (Sgd." Section 25. projects and policies relating to the implementation of Republic Act No. except as otherwise provided herein. "(e) To determine weaknesses in the law and recommend the necessary remedial legislation or executive measures. . rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly. conduct hearings and receive testimonies. shall. executive orders. offices and government-owned and controlled corporations charged with carrying out the provisions of this Act shall include in their respective programs the implementation of this Act. issuances.) MARILYN B. invite or summon by subpoena ad testificandum any public official or private citizen to testify before it. the funding of which shall be included in the General Appropriations Act. reports. "(b) To ensure transparency and require the submission of reports from concerned government agencies on the conduct of programs. and determine their compensation subject to applicable civil service laws. formulate the necessary rules and regulations for its effective implementation. . The Congressional Oversight Committee on Overseas Workers Affairs shall have the sum of Twenty-five million pesos (P25. "(c) To approve the budget for the programs of the Oversight Committee and all disbursements therefrom. (Sgd. decrees. such amount necessary for its continued operations shall be included in the annual General Appropriations Act. Effectivity.) EMMA LIRIO-REYES Secretary of Senate Approved: March 8. Section 26.) PROSPERO C. . contractual. whether on secondment from the Senate and the House of Representatives or on temporary. Section 29. instrumentalities. as amended. "The Oversight Committee shall adopt its internal rules of procedure. 5649 was finally passed by the Senate and the House of Representatives on January 18. "The Oversight Committee shall organize its staff and technical panel. respectively. "The Oversight Committee shall exist for a period of ten (10) years from the effectivity of this Act and may be extended by a joint concurrent resolution. allowances or emoluments for services rendered thereto except traveling. may portion of this Act is declared unconstitutional or invalid. half of which shall be charged against the current appropriations of the Senate while the other half shall be charged against the current appropriations of the House of Representatives. Implementing Rules and Regulations. rules and regulations with a view to ensuring a competent and efficient secretariat. extraordinary and other necessary expenses to attain its goals and objectives.00).

RULE II DEFINITION OF TERMS Section 1. it is imperative that an effective mechanism be instituted to ensure that the rights and interest of distressed overseas Filipinos. organized and unorganized. 10022. therefore. and Filipino migrant workers. training subsidies/grants of the concerned agencies. (h) The State recognizes that non-governmental organizations. adopt/be signatory to and ratify those that guarantee protection to our migrant workers. (e) Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. An Act Amending Republic Act No. and Filipino migrant workers. workers associations. Towards this end. 9422 and Republic Act No. 10022 Pursuant to the authority vested by law on the Secretary of Foreign Affairs and the Secretary of Labor and Employment. Declaration of Policies. personnel. be compromised or violated. whether regular/documented or irregular/undocumented." as amended by Republic Act No. local and overseas. at any time. at all times. In this regard. the State does not promote overseas employment as a means to sustain economic growth and achieve national development. agents or representatives of a licensed recruitment/manning agency to conduct recruitment and placement activities in a place stated in the license or in a specified place.IMPLEMENTING THE MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995. (d) The State affirms the fundamental equality before the law of women and men and the significant role of women in nation building. are partners of the State in the protection of Filipino migrant workers and in the promotion of their welfare. The State shall cooperate with them in a spirit of trust and mutual respect. and For Other Purpose. The significant contribution of recruitment and manning agencies shall form part of this partnership. in particular. 10022. (g) The State recognizes that the most effective tool for empowerment is the possession of skills by migrant workers. AS AMENDED BY REPUBLIC ACT NO. (c) While recognizing the significant contribution of Filipino migrant workers to the national economy through their foreign exchange remittances. (a) Act . The existence of the overseas employment program rests solely on the assurance that the dignity and fundamental human rights and freedoms of the Filipino citizens shall not. in general. the following Implementing Rules and Regulations are hereby promulgated: RULE I GENERAL PROVISIONS Section 1. The State. Otherwise Known as the Migrant Workers and Overseas Filipinos Act of 195. Definitions.refers to the "Migrant Workers and Overseas Filipinos Act of 1995. the government shall deploy and/or allow the deployment only of skilled Filipino workers. and promote full employment and equality of employment opportunities for all. shall continuously create local employment opportunities and promote the equitable distribution of wealth and the benefits of development. the State shall provide adequate and timely social. and endeavor to enter into bilateral agreements with countries hosting overseas Filipino workers. (a) In the pursuit of an independent foreign policy and while considering national sovereignty. in general. Recognizing the contribution of overseas migrant women workers and their particular vulnerabilities. (b) Authority . (f) The right of Filipino migrant workers and all overseas Filipinos to participate in the democratic decision-making processes of the State and to be represented in institutions relevant to overseas employment is recognized and guaranteed. are adequately protected and safeguarded. economic and legal services to Filipino migrant workers. 8042.refers to a document issued by the Secretary of Labor and Employment authorizing the officers. Their Families and Overseas Filipinos in Distress. Pursuant to this and as soon as practicable. territorial integrity. as amended. continuously monitor international conventions. The government shall expand access of qualified migrant workers to free skills development and enhancement programs through scholarships. the State shall apply gender sensitive criteria in the formulation and implementation of policies and programs affecting migrant workers and the composition of bodies tasked for the welfare of migrant workers. and in the light of Republic Act No. trade unions. Further Improving the Standard of Protection and Promotion of the Welfare of Migrant Workers. uphold the dignity of its citizens whether in the country or overseas. (b) The State shall afford full protection to labor. stakeholders and other similar entities duly recognized as legitimate. in particular. . national interest and the right to self-determination paramount in its relations with other states. the State shall.

individually adopted and agreed upon by the principal/employer and the seafarer.refers to the liability of the principal/employer and the recruitment/manning agency.(c) BI .Department of Health (k) DOJ .written standard POEA-approved employment contract stipulating a specific period of employment and formulated through tripartite consultation.an individual written agreement between the foreign principal/employer and the worker based on the master employment contract approved by the Administration.Department of Justice (l) DOLE . as the case may be.workers directly hired by employers for overseas employment as authorized by the Secretary of Labor and Employment and processed by the POEA. shall themselves be jointly and severally liable with the corporation or partnership for the aforesaid claims and damages. (e) CICT . For land-based workers hired by private recruitment/employment agencies . for any and all claims arising out of the implementation of the employment contract involving Filipino workers for overseas deployment. If the recruitment/manning agency is a juridical being. the corporate officers and directors and partners.Bureau of Immigration (d) Bona fide Non-Government Organizations (NGOs) . Those hired members of the diplomatic corps.refers to any of the following acts: 1. including: 1. or . partnership or corporation duly licensed as a private recruitment agency by the Secretary of Labor and Employment to recruit workers for its accredited projects or contracts overseas.Department of Science and Technology (n) DOT .Department of Labor and Employment (m) DOST . For seafarers . (2) Those who possess expired visas or permits to stay. and 2. (r) Head or manage . Exercise the authority to hire or fire employees and lay down and execute management policies of the recruitment/manning agency or branch thereof.Insurance Commission (u) Irregular/Undocumented Filipino migrant workers . (t) IC .refers to any person. [Labor Code. civil society or faith-based organizations duly recognized by the Philippine Embassy as active partners of the Philippine Government in the protection of Filipino migrant workers and the promotion of their welfare.Department of Tourism (o) Employment Contract .refer to Filipino workers with employment contracts already processed by the POEA for overseas deployment. POEA Rules] (j) DOH .Department of Foreign Affairs (h) DILG . (q) Gender Sensitivity . or 2.refers to cognizance of the inequalities and inequities prevalent in society between women and men and a commitment to address issues with concern for the respective interest of the sexes. Control and supervise the operations of the recruitment/manning agency or branch thereof of which they are employed. Those hired by international organizations 2. Name hires or workers who are able to secure overseas employment opportunity with an employer without the assistance or participation of any agency. (s) Joint and several liability .refers to the following: 1.refer to the following: (1) Those who acquired their passports through fraud or misrepresentation.Commission on Information and Communications Technology (f) Contracted workers . 3.Department of Interior and Local Government (i) Direct Hires . (4) Those who have valid but inappropriate visas. (g) DFA .refer to nongovernment. (3) Those who have no travel document whatsoever. (p) Filipino Service Contractor .

(z) NBI.refers to an employer or foreign placement agency hiring or engaging Filipino workers for overseas employment through a licensed private recruitment/manning agency.refers to any person. (jj) Overseas Filipino Worker or Migrant Worker . (kk) OWWA .refers to an Overseas Filipino who has a medical. other Filipino nationals and their dependents abroad. (ii) Overseas Filipino in distress . from the workers who renewed their employment contracts with the same principal. (qq) Rehires . (ss) Seafarer . expired or otherwise delisted from the roll of licensed recruitment/manning agencies registered with the POEA.National Telecommunications Commission (hh) Overseas Filipinos . if required by law or regulation.National Statistics Office (gg) NTC . or has been engaged in a remunerated activity in a state of which he or she is not a citizen or on board a vessel navigating the foreign seas other than a government ship used for military or non-commercial purposes.refers to any person who is employed or engaged in overseas employment in any capacity on board a ship other than a government ship used for military or non-commercial purposes. 442.refer to land-based workers who renewed their employment contracts with the same principal.National Labor Relations Commission (cc) Non-licensee . cancelled. shall be used interchangeably with the term "Administration". partnership or corporation duly licensed by the Secretary of Labor and Employment to engage in the recruitment and placement of workers for overseas employment for a fee which is charged. psycho-social or legal assistance problem requiring treatment.refer to migrant workers.refer to any and all amounts charged by a private recruitment agency from a worker for its recruitment and placement services as prescribed by the Secretary of Labor and Employment. The . hospitalization.(5) Those whose employment contracts were not processed by the POEA or subsequently verified and registered on-site by the POLO. directly or indirectly.refers to a person who is to be engaged. A "person to be engaged in a remunerated activity" refers to an applicant worker who has been promised or assured employment overseas. if required by law or regulation. and (2) Those whose contracts of employment have been processed by the POEA.refers to any person.Philippine Overseas Labor Office (oo) Principal . counseling. (rr) Regular/Documented Filipino Migrant Workers . (dd) NRCO .refers to any person. is engaged. as amended (w) License . legal representation as specified in Rule IX of these Rules or any other kind of intervention with the authorities in the country where he or she is found. (mm) POEA .National Computer Center (bb) NLRC .Philippine Overseas Employment Administration. partnership or corporation duly licensed by the Secretary of Labor and Employment to engage in the recruitment and placement of seafarers for ships plying international waters and for related maritime activities. partnership or corporation with no valid license to engage in recruitment and placement of overseas Filipino workers or whose license is revoked. or on an installation located offshore or on the high seas.Overseas Workers Welfare Administration (ll) Placement Fees. (pp) Private Recruitment/Employment Agency . partnership or corporation to operate a private recruitment/manning agency.Local Government Unit (y) Manning Agency .Refer to the following: (1) Those who possess valid passports and appropriate visas or permits to stay and work in the receiving country. (nn) POLO .National Bureau of Investigation (aa) NCC. (v) Labor Code .National Reintegration Center for Overseas Filipino Workers (ee) NSCB . (x) LGU . terminated. or subsequently verified and registered on-site by the POLO.refers to the document issued by the Secretary of Labor and Employment authorizing a person.National Statistical and Coordination Board (ff) NSO .Presidential Decree No.

Deployment of Skilled Workers. Liability of the Members of the POEA Governing Board. judicial decisions. (b).refers to those who are below 18 years or below the minimum age requirement for overseas employment as determined by the Secretary of Labor and Employment. For purposes of the preceding paragraphs. qualification. Section 3. or the convention/declaration/resolution. As soon as adequate mechanisms for determination of skills are in place and consistent with national interest.Technical Education and Skills Development Authority (vv) Underage Migrant Workers . The State shall also allow the deployment of OFWs to ships navigating the foreign seas or to installations located offshore or on high seas whose owners/employers are compliant with international laws and standards that protect the rights of migrant workers. as embodied in the employment contracts prescribed by the POEA and in accordance with internationally-accepted standards. as may be determined by the appropriate government agency. and (c) hereof. Deployment to Companies and Contractors with International Operations. That they are compliant with standards. cruise ship personnel and those serving on mobile offshore and drilling units in the high seas. The members of the POEA Governing Board who actually voted in favor of a Resolution allowing the deployment of migrant workers without the DFA certification referred to in the preceding section shall suffer the penalties of removal or dismissal from service with disqualification to hold any appointive public office for five (5) years. the Secretary of Labor and Employment shall allow the deployment only of skilled Filipino workers. training and certification. The government recognizes any of the following as a guarantee on the part of the receiving country for the protection of the rights of OFWs: (a) It has existing labor and social laws protecting the rights of workers. that the receiving country is taking positive and concrete measures to protect the rights of migrant workers in furtherance of any of the guarantees under subparagraphs (a). projects. or (b) It is a signatory to and/or a of multilateral conventions. programs. or and (c) It has concluded a bilateral agreement or arrangement with the government on the protection of the rights of overseas Filipino Workers. diplomatic negotiations. allow only the deployment of OFWs to receiving countries which have been certified by the DFA as compliant with the above stated guarantees. or the bilateral agreement/arrangement which protect the rights of migrant workers. specifying therein the pertinent provisions of the receiving country's labor/social law. Provided. including migrant workers. conditions and requirements. (tt) Skilled Filipino Workers . Section 6. The State shall allow the deployment of OFWs only in countries where the rights of Filipino migrant workers are protected. the DFA shall issue a certification that a receiving country complies with any of the guarantees under subparagraphs (a). (b). or those who are in possession of an appropriate level of competence. The State shall likewise allow the deployment of OFWs to companies and contractors with international operations: Provided. The POEA shall register OFWs only for receiving countries allowed by the POEA Governing Board. "Positive and concrete measures" shall include legislative or executive initiatives. Government Officials and Employees.definition shall include fishermen. Section 2. subject to existing standards on accreditation of foreign employers/principals and qualification requirements for workers. (uu) TESDA . Deployment of OFWs to Ocean-Going Ships. Section 4. The DFA shall issue such certification to the POEA. declarations or resolutions relating to the protection of workers including migrant workers. RULE III DEPLOYMENT OF MIGRANT WORKERS Section 1. activities and such other acts by the receiving country aimed at protecting the rights of migrant workers. and that the receiving country is taking such positive and concrete measures to protect workers. Termination or Ban on Deployment. in a Resolution.refer to those who have obtained an academic degree. Guarantees of Migrant Workers Rights. . for the job they are applying. or experience. Such a certification shall be subject to review by the DFA as often as may be deemed necessary. Further. including migrant workers. and (c) hereof. Section 5. The POEA Governing Board shall. the government official or employee responsible for the issuance of the permit or for allowing the deployment of migrant workers in violation of this section and in direct contravention of a resolution by the POEA Governing Board prohibiting deployment shall be meted the same penalties in this section.

(l) Failure to actually deploy a contracted worker without valid reason as determined by the Department of Labor and Employment. terminate or impose a ban on the deployment of migrant workers. transporting. joined or supported. (d) To induce or attempt to induce a worker already employed to quit his employment in order to offer him another unless the transfer is designed to liberate a worker from oppressive terms and conditions of employment. which include the act of reprocessing workers through a job order that pertains to non-existent work. That any such non-licensee or non-holder who. other than those authorized under the Labor Code and its implementing Rules and Regulations.Notwithstanding the provisions of Sections 1 and 5 of this Rule. or has contacted or is supported by any union or workers' organization. licensee or holder of authority: (a) To charge or accept directly or indirectly any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary of Labor and Employment. when undertaken by a non-licensee or non-holder of authority contemplated under Article 13(f) of Presidential Decree No. offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. in consultation with the DFA. or procuring workers and includes referring. The POEA Governing Board may. (g) To obstruct or attempt to obstruct inspection by the Secretary of Labor and Employment or by his duly authorized representative. in a timely manner. in any manner. Section 8. The POEA may undertake other programs or resort to other modes of information and dissemination campaigns. 442. testimony. placement vacancies. as well as adherence of particular countries to international standards on human and workers rights which will adequately prepare individuals into making informed and intelligent decisions about overseas employment. (i) To substitute or alter to the prejudice of the worker. or work with a different employer whether registered or not with the POEA. in pursuit of the national interest or when public welfare so requires. (k) To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations. employment contracts approved and verified by the Department of Labor and Employment from the time of actual signing thereof by the parties up to and including the period of the expiration of the same without the approval of the Department of Labor and Employment. shall disseminate information on labor and employment conditions. whether for profit or not. (c) To give any false notice. the POEA Governing Board. such advisory in a newspaper of general circulation. enlisting. after consultation with the DFA. (b) To furnish or publish any false notice or information or document in relation to recruitment or employment. otherwise known as the Labor Code of the Philippines: Provided. (h) To fail to submit reports on the status of employment. A "travel advisory" is a notice to the travelling public normally for a security reason and based on the prevailing peace and order situation in a specific destination. Travel Advisory. non-holder. . contracting. information or document or commit any act of misrepresentation for the purpose of securing a license or authority under the Labor Code. may. migration realities and other facts. whether a non-licensee. or to make a worker pay or acknowledge any amount greater than that actually received by him as a loan or advance. as amended. RULE IV ILLEGAL RECRUITMENT Section 1. (e) To influence or attempt to influence any person or entity not to employ any worker who has not applied for employment through his agency or who has formed. grant exceptions to the ban or lift the ban. departures and such other matters or information as may be required by the Secretary of Labor and Employment. separation from jobs. contract services. whether committed by any person. hiring. The POEA shall publish. promising or advertising for employment abroad. work different from the actual overseas work. (j) For an officer or agent of a recruitment or placement agency to become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly or indirectly in the management of a travel agency. It shall likewise include the following acts. or for the purpose of documenting hired workers with the POEA. The POEA. utilizing. such as the conduct of nationwide. after consultation with the DFA. comprehensive and sustainable Pre-Employment Orientation Seminars. Definition. illegal recruitment shall mean any act of canvassing. For purposes of the Act. or for any other reasons. Labor Situationer. remittance of foreign exchange earnings. The DFA shall issue travel advisories as the need arises. Section 7. (f) To engage in the recruitment or placement of workers in jobs harmful to public health or morality or to the dignity of the Republic of the Philippines. at any time.

seminar. lending institutions. Impose a compulsory and exclusive arrangement whereby an OFW is required to undergo training. c. Provided. e.00). (a) Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of not less than twelve (12) years and one (1) day but not more than twenty (20) years and a fine of not less than One million pesos (P1. Section 2. the officers having ownership. d.000. In every case. Impose a compulsory and exclusive arrangement whereby an OFW is required to avail of a loan only from specifically designated institutions.000. A criminal action arising from illegal recruitment as defined under this Rule shall be filed with the Regional Trial Court of the province or city where the offense was committed or where the offended party actually resides at the time of the commission of the offense.000. Section 4. instruction or schooling of any kind only from specifically designated institutions. either personally or through a guarantor or accommodation party. as provided under the compulsory worker's insurance coverage. except for recommendatory training mandated by principals/shipowners where the latter shoulder the cost of such trainings. in cases where the deployment does not actually take place without the worker's fault. Impose a compulsory an exclusive arrangement whereby an OFW is required to undergo health examinations only from specifically designated medical clinics. Section 3.000. which will be used for payment of legal and allowable placement fees and make the migrant worker issue. be deported without further proceedings. management or direction of their business and the responsible for the commission of the offense and the responsible employees/agents thereof shall be liable. that the court where the . (c) Any person found guilty of any of the prohibited acts shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day but not more than twelve (12) years and a fine of not less than Five Hundred Thousand Pesos (P500. Refuse to condone or renegotiate a loan incurred by an OFW after the latter's employment contract has been prematurely terminated through no fault of his / her own. b. and (n) To allow a non-Filipino citizen to head or manage a licensed recruitment/manning agency. Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. control.(m) Failure to reimburse expenses incurred by the worker in connection with his documentation and processing for purposes of deployment. Section 5.000. training school or medical clinic. conviction shall cause and carry the automatic revocation of the license or registration of the recruitment/manning agency. entities. For a suspended recruitment/manning agency to engage in any kind of recruitment activity including the processing of pending workers' applications.00) nor more than Two Million Pesos (P2.000. That the maximum penalty shall be imposed if the person illegally recruited is less than eighteen (18) years of age or committed by a non-licensee or non-holder of authority. Section 6.000.00). premium or other insurance related charges.00) nor more than Five Million Pesos (P5. or persons. f. however.000. The persons criminally liable for the above offenses are the principals. except in the case of a seafarer whose medical examination cost is shouldered by the principal/shipowner. Penalties. he or she shall. For a recruitment/manning agency or a foreign principal/employer to pass-on to the OFW or deduct from his/her salary the payment of the cost of insurance fees. It is deemed committed in large scale if committed against three (3) or more persons individually or as a group. Venue.00) shall be imposed if illegal recruitment constitutes economic sabotage as defined therein. Other Prohibited Acts. If the offender is an alien. postdated checks in relation to the said loan. entities or persons.00) nor more than One million pesos (P1.000. entities or persons. institutions. Crime Involving Economic Sabotage. (b) The penalty of life imprisonment and a fine of not less than Two Million Pesos (P2. g.000. In addition to the acts enumerated above. accomplices and accessories. Persons Responsible. in addition to the penalties herein prescribed.000. In case of juridical persons. Grant a loan to an OFW with interest exceeding eight (8%) percent per annum. it shall also be unlawful for any person or entity to commit the following prohibited acts: a. Provided.

The POEA shall provide free legal service to victims of illegal recruitment and related cases which are administrative or criminal in nature in the form of legal advice. NBI. such as but not limited to documentation and counseling. and (b) Any of his/her relatives within the fourth civil degree of consanguinity or affinity. according to Civil Service Rules and Regulations without prejudice to criminal prosecution. DFA. BI. . after evaluation and proper determination that sufficient evidence exists for illegal recruitment and other related cases. Section 7.criminal action is first filed shall acquire jurisdiction to the exclusion of other courts. or any aggrieved person. Section 8. Affidavits and testimonies of operatives or personnel from the DOLE. TESDA. the complainant may avail of legal assistance or counseling from the POEA. Institution of Criminal Action. prepares and implements intensified programs And strategies towards the eradication of illegal recruitment activities such as. DOH. Legal Assistance. RULE VI ANTI-ILLEGAL RECRUITMENT PROGRAMS Section 1. Disqualification. POEA Anti-Illegal Recruitment Programs. Endorsement of Case to the Proper Prosecution Office. RULE V PROHIBITION OF GOVERNMENT PERSONNEL Section 1. During preliminary investigation. Manila International Airport Authority (MIAA). or their duly authorized representatives. Prescription. (c) Special operations such as surveillance and closure of establishment or entities suspected to be engaged in illegal recruitment. and/or their relatives. The Secretary of Labor and Employment. Section 4. regardless of the status of his/her employment. Affidavits and Testimonies of Operatives. may initiate the corresponding criminal action with the appropriate office. the POEA shall coordinate with other appropriate entities in the implementation of said programs. Any government official or employee found to be violating this section shall be charged administratively. The following personnel shall be prohibited from engaging directly or indirectly in the business of recruitment of migrant workers. Civil Aviation Authority of the Philippines (CAAP). upon its initiative or upon the petition of any private individual. POEA and law enforcement agencies who witnessed the acts constituting the offense shall be sufficient basis to prosecute the accused. complaints and reports involving illegal recruitment may be filed with the appropriate regional office of the POEA or DOLE. Section 2. but not limited to the following: (a) Providing legal assistance to victims of illegal recruitment and related cases which are administrative or criminal in nature. however. the POEA Administrator or the DOLE Regional Director. Philippine National Police (PNP). Receiving of Complaints for Illegal Recruitment. The POEA. Illegal recruitment cases under this Rule shall prescribe in five (5) years. and (d) Information and education campaign. Section 3. IC. (b) Prosecution of illegal recruiters. POEA. during preliminary investigation and during trial in collaboration with the DOJ prosecutors. shall endorse the case to the proper Prosecution Office for the conduct of preliminary investigation. DOJ. institution of criminal actions. Independent Action. rules or regulations. OWWA. The government agency concerned shall monitor and initiate. Whenever necessary. Section 6. In regions outside the National Capital Region. NLRC. and other government agencies involved in the implementation of the Act. action against erring officials and employees. that illegal recruitment cases involving economic sabotage shall prescribed in twenty (20) years. Provided. (a) Any official or employee of the DOLE. The POEA adopts policies and procedures. Section 5. CFO. The filing of an offense punishable under this section shall be without prejudice to the filing of cases punishable under other existing laws. Victims of illegal recruitment and related cases which are administrative or criminal in nature may file with the POEA a report or complaint in writing and under oath for assistance purposes. assistance in the preparation of complaints and supporting documents.

a written order may shall be issued by the POEA Administrator or DOLE Regional Director. the POEA Director of the Licensing and Regulation Office (LRO) shall recommend to the POEA Administrator the institution of criminal action and/or the issuance of a closure order or order of preventive suspension. Issuance of Closure Order. or their duly authorized representatives. Section 17. Special Allowance for Lawyers of the Prosecution Division. If illegal recruitment activities are confirmed. Institution of Criminal Action Upon Closure Order. the POEA Administrator or the Regional Director concerned shall likewise recommend to the granting authority the immediate cancellation/revocation of the license or permit to operate its business. the assistance and support of the appropriate law enforcement agencies may be requested for this purpose. Legal Assistance During Trial. Section 14. The motion to re-open may be filed only by the following: (a) The owner of the building or his/her duly authorized representative. the Anti-Illegal Recruitment Branch of the POEA shall collaborate with the public prosecutors of the DOJ and. Section 10. as the case may be. or their authorized representative is satisfied that such danger or exploitation exists. Who May File a Motion to Reopen the Establishment. conduct surveillance on the alleged illegal recruitment activities. (b) The building administrator or his/her duly authorized representative. Section 16. Surveillance. The testimony of the complainants and/or witnesses shall be reduced in writing and signed by them and attested by an authorized officer. In the prosecution of offenses punishable under Section 6 of the Act. Action on the Complaint/Report. (c) Any other person or entity legitimately operating within the premises closed/padlocked whose operations/activities are distinct from the recruitment activities of the person/entity subject of the closure order. Section 12. The POEA Administrator or the DOLE Regional Director. Whenever necessary. or their authorized representative is satisfied that such danger or exploitation exists. or preliminary examination of the complainants. the Secretary of Labor and Employment. The POEA lawyers who act as special counsels during preliminary investigation and/or as collaborating attorneys of the public prosecutors of the DOJ during court hearings shall be entitled to receive additional allowances in such amounts as may be determined by the Administrator. Within two (2) days from the termination of surveillance. Report on Implementation. The POEA Administrator or the concerned DOLE Regional Director may conduct an ex parte preliminary examination to determine whether the activities of a non-licensee constitute a danger to national security and public order or will lead to further exploitation of job seekers. within two (2) days from the date of implementation. may examine personally the complainants and/or their witnesses in the form of searching questions and answers and shall take their testimony under oath. Section 13. stating the details of the proceedings undertaken shall be submitted to the Director-LRO or the Regional Director concerned. Effect of Closure Order. Where the complaint/report alleges that illegal recruitment activities are ongoing. All officers and responsible employees of the entity engaged in illegal recruitment activities shall be ordered included in the List of Persons with Derogatory Record and be disqualified/barred from participating in the overseas employment program of the government.Section 7. surveillance shall be undertaken at the premises where the alleged illegal recruitment activities are conducted. as the case may be. Section 15. . the POEA Administrator or DOLE Regional Director. A closure order shall be served upon the offender or the person in charge of the subject establishment. a written order shall be issued by the POEA Administrator for the closure of the establishment being used for illegal recruitment activity. Grounds for Reopening the Establishment. Section 8. For this purpose. Section 11. a report supported by an affidavit shall be submitted to the Director-LRO or the Regional Director concerned. the POEA Administrator or the Regional Director concerned or their duly authorized representatives. The POEA and/or designated officials in the DOLE regional offices may. or any law enforcement agencies or any aggrieved person may initiate the corresponding criminal action with the appropriate prosecutor's office. allow the POEA lawyers to take the lead in prosecution. Section 9. The closure shall be effected by sealing and padlocking the establishment and posting of notice of such closure in bold letters at a conspicuous place in the premises of the establishment. A report on the implementation of the closure order executed under oath. Implementation of Closure Order. on their own initiative. (a) That the office is not the subject of the closure order. If based on a surveillance report. In case of a business establishment whose license or permit to operate a business was issued by the local government. in certain cases.

Grounds for Lifting A Closure Order. the Labor Arbiters of the NLRC shall have the original and exclusive jurisdiction to hear and decide. the POEA shall continuously provide the concerned entities with updated lists of licensed agencies and entities and information materials such as brochures. exemplary and other forms of damages. the claims arising out of an employer-employee relationship or by virtue of any law or contract involving Filipino workers for overseas deployment including claims for actual. Section 20. Where a re-opened office is subsequently confirmed as still being used for illegal recruitment activities. The POEA shall monitor establishments that are subject of closure orders. Notwithstanding any provision of law to the contrary. The POEA shall maintain and strengthen its partnership with LGUs. Who May File Motion to Lift a Closure Order. a new closure order shall be issued which shall not be subject to a motion to lift. Consistent with the mandate in the preceding section. The POEA shall inform migrant workers not only of their rights as workers but also of their rights as human beings. Section 2. or (b) Any other analogous ground that the POEA may consider as valid and meritorious. Section 19. Participate in international or local conferences involving migration issues and in relevant overseas missions. within ninety (90) calendar days after the filing of the compliant. prevention and modus operandi of illegal recruitment and gender sensitivity. Section 24. Section 21. The verified motion to lift closure order may be filed only by the person or entity against whom the closure order was issued and implemented or a duly authorized representative. or (d) Any other analogous ground that the POEA may consider as valid and meritorious. (c) That the office is shared by a person/entity not involved in illegal recruitment activities. A motion to lift a closure order which has already been implemented may be entertained only when filed with the Licensing and Regulation Office (LRO) within ten (10) calendar days from the date of implementation. moral. rights. Lifting of the closure order may be granted on any of the following grounds: (a) The person/entity is later found out or has proven that it is not involved in illegal recruitment activities. Jurisdiction of Labor Arbiters. other government agencies and NGOs advocating the rights and welfare of OFWs for the purpose of dissemination of information on all aspects of overseas employment. pamphlets. other Government Agencies and NGOs. The order of the POEA Administrator denying the motion to lift a closure order and/or motion to re-open may be appealed to the Secretary of Labor and Employment within ten (10) days from receipt thereof. the NLRC shall: a. Partnership with LGUs. The motion shall be verified and shall clearly state the grounds upon which it is based. Pre-Employment Orientation Seminar (PEOS). . Section 22.(b) That the contract of lease with the owner of the building or the building administrator has already been cancelled or terminated. A motion to lift which does not conform to the requirements herein set forth shall be denied. Motion to Lift a Closure Order. attaching supporting documents. The request to re-open shall be duly supported by an affidavit of undertaking either of the owner of the building or the building administrator that the same will not be leased/rented to any other person/entity for recruitment purposes without the necessary license from the POEA. whether directly or indirectly. responsibilities and obligations of migrant workers. Section 18. For this purpose. and b. Updates in the Global Services Industry. whether directly or indirectly. health issues. Lifting of a closure order is without prejudice to the filing of criminal complaints with the appropriate office against the person alleged to have conducted illegal recruitment activities. Endeavor to update and keep abreast with the developments in the global services industry. Appeal. Monitoring of Establishments. instruct and guide the workers how to assert their rights and provide the available mechanism to redress violation of their rights. The POEA shall strengthen its comprehensive Pre-Employment Orientation Program through the conduct of seminars that will discuss topics such as legal modes of hiring for overseas employment. posters as well as recent anti-illegal recruitment laws and regulations for distribution to their respective constituents. Section 23. RULE VII MONEY CLAIMS Section 1.

The performance bond to be filed by the recruitment/ placement agency. directing.Section 3. whichever is less. For OFWs with collective bargaining agreements. from the date the deduction was made. Joint and Several Liability. This liability shall be incorporated in the contract for overseas employment and shall be a condition precedent for its approval. Such liabilities shall continue during the entire period or duration of the employment contract and shall not be affected by any substitution. It shall establish harmonious working relations with the receiving countries through. Pursuant to the Philippine Foreign Service Act of 1991 and the Migrant Workers and Overseas Filipino Act. the worker shall be entitled to the full reimbursement of his placement fee with interest of twelve per cent (12%) per annum. or any unauthorized deduction from the migrant worker's salary. the forging of bilateral agreements/arrangements or other forms of cooperation. coordinating and evaluating the total national effort in the field of . Section 3. amendment or modification of the contract made locally or in a foreign country. the NLRC or any party in interest shall furnish the POEA a certified true copy of the sheriff's return indicating the failure to fully satisfy a final and executory judgment against a foreign employer/principal. visiting Philippine delegations shall be provided full support and information. Should the disqualified foreign employer/principal fully satisfy the judgment award. as provided by law. as the case may be. and provide consular and legal assistance to overseas Filipinos in distress. as amended. Compromise Agreement. with interest of twelve per cent (12%) per annum. RULE VIII ROLE OF DFA Section 1. Effect of Illegal Termination and/or Deduction. representatives and personnel posted abroad. In case of termination of overseas employment without just. shall endeavor to improve the conditions of overseas Filipino workers. Section 5. organizing. In receiving countries where there are Philippine consulates. The DFA. Under the country-team approach. Assistance to Nationals as the Third Pillar of Philippine Foreign Policy. on a per country basis. Any compromise. Section 6. The DFA shall continue to advocate in international and regional for the protection and promotion of the rights and welfare of overseas Filipino workers by taking the lead and/or actively participating in the crafting of international and regional conventions/declarations/ agreements that protect their rights and promote their welfare. If the recruitment/placement agency is a juridical being. among others. In case of any unauthorized deduction. unless a different period is agreed upon by the parties and approved by the appropriate authority. Effect of Final and Executory Judgment. plus his salaries for the unexpired portion of his employment contract or three (3) months for every year of the unexpired term. The liability of the principal/employer and the recruitment/placement agency on any and all claims under this Rule shall be joint and several. Section 4. Regional and Bilateral Initiatives to Protect Overseas Filipino Workers. The DFA shall be the lead agency that shall advise and assist the President in planning. In the implementation of the country-team approach. Negotiations of International Agreements. act as one country-team with a mission under the leadership of the ambassador. shall themselves be jointly and severally liable with the corporation or partnership for the aforesaid claims and damages. Voluntary Arbitration. all officers. from participating in the Philippine Overseas Employment Program and from recruiting and hiring Filipino workers until and unless it fully satisfies the judgment award. the NLRC or any party in interest shall furnish the POEA a certified true copy of the sheriff's return indicating full compliance with the judgment which may be a basis to lift the disqualification. Assistance to nationals is the third pillar of the Philippine foreign policy. regardless of their mother agencies shall. Section 2. shall be answerable for all money claims or damages that may be awarded to the workers. the corporate officers and directors and partners. valid or authorized cause as defined by law or contract. through its foreign service posts. it shall be automatically disqualified. without further proceedings. Section 7. One Country-Team Approach. amicable settlement or voluntary agreement on money claims inclusive of damages under this Rule shall be paid within thirty (30) days from the approval of the settlement by the appropriate authority. the worker shall be entitled to the refund of the deductions made. For this purpose. In case of final and executory judgment against a foreign employer/principal. International. the case shall be submitted for voluntary arbitration in accordance with Articles 261 and 262 of the Labor Code. the DFA is mandated to formulate and implement policies and programs to promote and protect the rights and welfare of Filipino migrants. such consulates shall also constitute part of the country-team under the leadership of the ambassador. Section 4.

migration and human rights laws. subject to approved guidelines and procedures. Section 2. in order to assist him/her in the effective discharge of the functions of his/her Office.foreign relations pursuant to the Revised Administrative Code (Executive Order No. and (c) Court fees. OWWA and other government agencies concerned. salary. He/she shall have authority to hire private lawyers. procedures and criteria for the provision of legal assistance services to Filipino Migrant Workers. that no amount shall be disbursed for the appeal of cases except when the penalty meted is life imprisonment or death or under meritorious circumstances as determined by the Undersecretary for Migrant Workers Affairs. to other overseas Filipinos. . which shall have the following functions and responsibilities: a. criteria and procedures of the DFA. other bar associations. The Legal Assistant for Migrant Affairs under the Department of Foreign Affairs shall be primarily responsible for the provision and over-all coordination of all legal assistance services to Filipino Migrant Workers as well as Overseas Filipinos in distress. Section 2. and other civil society organizations. He/she shall be appointed by the President of the Philippines. In the exercise of these primary responsibilities. POEA. to ensure effective coordination in providing legal assistance to migrant workers. On-Site Protection. and privileges of an Undersecretary of Foreign Affairs. he/she shall discharge the following duties and functions: (a) Issue the guidelines. and shall head the Office of the Undersecretary for Migrant Workers' Affairs (OUMWA) of the Department of Foreign Affairs. tap the assistance of the Integrated Bar of the Philippines (IBP). payment of attorney's fees to foreign lawyers for their services in representing migrant workers facing criminal and labor cases abroad. b. (c) When necessary. RULE X ROLE OF DOLE Section 1. consistent with the principles of the Act. 292). rank. He/she shall have the title. RULE IX LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS Section 1. Legal Assistance Fund. Section 3. to complement government services and resources to provide legal assistance to migrant workers. and (g) Perform such other functions and undertake other responsibilities as may be useful. reputable law firms. or in filing cases against erring or abusive employers abroad. (b) Bail bonds to secure the temporary release of workers under detention upon the recommendation of the lawyer and the foreign service post concerned. (d) Administer the Legal Assistance Fund for Migrant Workers and to authorize its disbursement. It shall be used inter alia for the following specific purposes: (a) In the absence of a counsel de oficio or court-appointed lawyer. (f) Prepare its budget for inclusion in the Department of foreign Affair's budget in the annual General Appropriations Act. including the grant of legal assistance and the referral to proper medical centers or hospitals. (b) Establish close linkages with the DOLE. (e)Keep and maintain an information system for migration as provided in Section 20 of the Act. Ensure the promotion and protection of the welfare and interests of OFWs and assist them in all problems arising out of employer-employee relationships. The Legal Assistant for Migrant Workers Affairs shall be headed by a lawyer of proven competence in the field of law with at least ten (10) years experience as a legal practitioner and who must not have been a candidate to an elective office in the last local or national elections. Qualifications and Authority. as well as with non-governmental organizations assisting migrant workers. The DOLE shall see to it that labor and social welfare laws in the foreign countries are fairly applied to migrant workers and whenever applicable. Coordinate the DOLE's employment promotion mandate. domestic or foreign. legal experts on labor. provided. The Legal Assistance Fund created under the Act shall be used exclusively to provide legal services for Migrant Workers and Overseas Filipinos in distress in accordance with approved guidelines. POLO Functions. The DOLE overseas operating arm shall be the POLO. governing its use. charges and other reasonable litigation expenses when so recommended by their lawyers. necessary or incidental to the performance of his/her mandate. disposition and disbursement. Function and Responsibilities.

POEA Section 3. Venue. Appeal. a system for promoting and monitoring the overseas employment of Filipino workers taking into consideration their welfare and the domestic manpower requirements. securing the best possible employment terms and conditions for overseas Filipino workers. 247. Section 7. or cancellation or revocation of license. in coordination with appropriate entities concerned. involving employers. including refund of fees collected from the workers and violation of the conditions for issuance of license to recruit workers. Who may file. the Administration.c. The Administration shall recruit and place workers primarily on government-to-government arrangements. establish and administer a Foreign Employers Guarantee Fund which shall be answerable for the workers' monetary claims arising from breach of contractual obligations. Section 11. and taking into consideration the needs of vulnerable sectors and the peculiarities of sea-based and land-based workers. Section 5. the Administrator may likewise impose suspension or disqualification. subject to preliminary evaluation. Pre-employment/recruitment violation cases may be filed with the POEA Adjudication Office or at any DOLE/POEA regional office of the place where the complainant applied or was recruited. Hiring through the POEA. The POEA shall exercise original and exclusive jurisdiction to hear and decide: (a) all cases which are administrative in character. may impose the penalty of reprimand. principals. It shall also formulate and implement. Section 9. the Administrator may impose disqualification from the overseas employment program. Jurisdiction of the POEA. the Administration shall deploy only to countries where the Philippines has concluded bilateral agreements or arrangements: Provided that such countries shall guarantee to protect the rights of Filipino migrant workers. Section 10. In the recruitment and placement to service the requirements for trained and competent Filipino workers of foreign governments and their instrumentalities. A. Verify employment contracts and other employment-related documents. in the exercise of adjudicatory power. in general. involving or arising out of violations of Rules and Regulations relating to licensing and registration. Monitor and report to the Secretary of Labor and Employment on situations and policy developments in the receiving country that may affect OFWs in particular and Philippine labor policies. at the option of the complainant. and f. For preemployment/recruitment violation cases. Section 6. Disciplinary action cases and other special cases shall be filed with the POEA Adjudication Office. on its own initiative. (Based on jurisdictional areas under the POEA Charter or E.) (b) disciplinary action cases and other special cases. Imposition of Administrative Penalty. Regulation of Private Sector. For this purpose. Foreign Employers Guarantee Fund. For disciplinary action cases against workers. suspension. Such other functions and responsibilities as may be assigned by the Secretary of Labor and Employment. For migrant workers recruited by the POEA on a government to government arrangement. when necessary. It shall be responsible for the regulation and management of overseas employment from the pre-employment stage. Where the penalty of suspension is imposed. as amended. . may conduct proceedings based on reports of violations or any of the grounds for disciplinary actions provided in the POEA Rules and Regulations and other issuances on overseas employment. The office where the complaint was first filed shall take cognizance of the case. However.O. Any aggrieved person may file a complaint in writing and under oath for violation of the Labor Code and the POEA Rules and Regulations and other issuances. an aggrieved person is one who is prejudiced by the commission of a violation or any of the grounds for disciplinary actions provided in the POEA Rules and Regulations. the POEA shall. The POEA shall regulate private sector participation in the recruitment and overseas placement of workers by setting up a licensing and registration system. the Administrator. Prescriptive Period. Supervise and coordinate the operations of the Migrant Workers and Other Overseas Filipinos Resource Center. contracting partners and OFWs processed by the POEA. Section 4. e. d. Section 8. and such other employers as public interests may require. All pre-employment/recruitment violation and disciplinary action cases shall be barred if not commenced or filed with the Administration within three (3) years after such cause of action accrued. and provided further that such countries shall observe and/or comply with the international laws and standards for migrant workers. which are administrative in character. through relevant guidelines.

a computer-based information system on returning Filipino migrant workers which shall be accessible to all local recruitment agencies and employers. Establishment of Migrant Workers and other Overseas Filipino Resource Center.The decision of the Administration may be appealed to the Secretary of Labor and Employment within fifteen (15) days from the receipt of the Decision. (c) Institute. within sixty (60) days from effectivity of these Rules. serve as a One-Stop Center that shall address the multifaceted needs of OFW-returnees and their families. The NRCO is hereby created in the Department of Labor and Employment for returning Filipino migrant workers. and stakeholders. conciliation may continue at the OWWA Central Office. The NRCO shall be attached to the Office of the Administrator of OWWA for supervision and policy guidance. both public and private. Section 16. in coordination with appropriate government and nongovernment agencies. and 2. In the implementation of OWWA welfare programs and services and in line with the One-Country Team Approach for on-site services. (h) Conduct research for policy recommendations and program development. The NRCO shall undertake the following: (a) Develop and support programs and projects for livelihood. the coordinating officer shall: 1. and investment of savings. which shall provide the mechanism of their reintegration into Philippine society. The NRCO shall. service providers and international organizations. OWWA Section 12. Section 15. formulate a program that would motivate migrant workers to plan for productive options such as entry into highly technical jobs or undertakings. Provide the Filipino migrant worker and his/her family all the assistance they may need in the enforcement of contractual obligations by agencies or entities and/or by their principals. (b) Coordinate with appropriate stakeholders. and (i) Undertake other programs and activities as may be determined by the Secretary of Labor and Employment. Formulation of Program. in cooperation with other government agencies concerned. NRCO Section 14. service providers. service providers and relevant international organizations for the promotion. OWWA. . D. Section 13. livelihood and entrepreneurial development. Migrant Workers and Other Overseas Filipinos Resource Center Section 17. Make representation and may call on the agencies or entities concerned to conferences or conciliation meetings for the purpose of settling the complaints or problems brought to his/her attention. The OWWA shall continue to formulate and implement welfare programs for overseas Filipino workers and their families in all phases of overseas employment. the Welfare Officer or in his/her absence. and POEA shall. It shall also ensure the awareness by the OFWs and their families of these programs and other related government programs. development and the full utilization of overseas Filipino worker returnees and their potentials. serve as a promotion house for their local employment. If there is no final settlement at the jobsite and the worker is repatriated back to the Philippines. entrepreneurship. implementers. TESDA. C. B. better wage employment. the Technology Resource Center (TRC). (e) Develop and implement other appropriate programs to promote the welfare of returning Filipino migrant workers. and maintain and upgrade computer-based service capabilities of the NRCO. The DOLE. savings. and other government agencies involved in training and livelihood development shall give priority to household service workers and entertainers. or in any OWWA Regional Welfare Office. Functions of the NRCO. For this purpose. investments and financial literacy for returning Filipino migrant workers and their families in coordination with relevant stakeholders. Programs and Services. and tap their skills and potentials for national development. (d) Provide a periodic study and assessment of job opportunities for returning Filipino migrant workers. TESDA. Establishment of the National Reintegration Center for OFWs. (f) Maintain an internet-based communication system for on-line registration of returning OFWs and interaction with clients. (g) Develop capacity-building programs for returning overseas Filipino workers and their families. Assistance in the Enforcement of Contractual Obligations.

c. Sundays and holidays. f. RULE XI ROLE OF DOH Section 1. Regulation of Medical Clinics. yearly maintenance and operating costs of the Migrant Workers and other Overseas Filipinos Resource Centers. a Labor Attaché and other service attachés or officers who represent Philippine government agencies abroad. psychological and other similar examinations. orally and in writing. Each Migrant Workers and Other Overseas Filipinos Resource Center shall be staffed by Foreign Service personnel. g. h. the Department of Foreign Affairs shall exert its best effort to secure appropriate recognition from the receiving government in accordance with applicable laws and practices. Services. as determined by the Secretary of Labor and Employment. However. and/or d. circumstances and activities affecting migrant workers and other overseas Filipinos. Conciliation of disputes arising from employer-employee relationship. Implementation of DOLE and OWWA Programs. The POLO through the Labor Attaché shall supervise and coordinate the operations of the Migrant Workers and other Overseas Filipinos Resource Center and shall keep the Chief of Mission informed and updated on all matters affecting it at least quarterly through a written report addressed to the Chief of Mission. The Migrant Workers and other Overseas Filipinos Resource Center shall provide the following services: a. Administration of the Center. Individual volunteers and representatives from bona fide nongovernment organizations from the receiving countries. Welfare assistance including the procurement of medical and hospitalization services. the salaries and allowances of overseas personnel shall be sourced from the respective agencies' budgets. c.A Migrant Workers and other Overseas Filipinos Resource Center shall be established in countries where there are large concentration of OFWs. The Department of Health (DOH) shall regulate the activities and operations of all clinics which conduct medical. Information. i. Registration of irregular/undocumented workers to bring them within the purview of the Act. Legal Officers (POEA/NLRC/DOLE) and such other professionals deemed necessary by the Secretary of Labor and Employment. d. and a Shari'a or Human Rights Lawyer. It shall be established within the premises of the Philippine Embassy or the Consulate and be under the administrative jurisdiction of the Philippine Embassy. e. physical. Counseling and legal services. The establishment. in highly problematic countries as categorized by the DFA and DOLE and where there is a concentration of Filipino migrant workers. Round-the Clock Operations. Section 21. Section 19. advisory programs to promote social integration such as post-arrival orientation. Psychologists. such as training and skills upgrading. laws. optical.1avvphi1 When the Migrant Workers and other Overseas Filipinos Resource Center is established outside the premises of the Embassy or Consulate. . including the costs of services and programs not specially funded under the Act. if available and necessary as determined by the Labor Attaché in consultation with the Chief of Mission. Personnel. b. Monitoring of the daily situation. Orientation program for returning workers and other migrants. The Migrant Workers and other Overseas Filipino Resource Center shall operate on a 24-hour basis including Saturdays. dental. and k. Public Relations Officer or Case Officer conversant. Human resource development. Ensuring that labor and social welfare laws in the receiving country are fairly applied to migrant workers and other overseas Filipinos. Section 22. b. shall be sourced from the General Appropriations Act (GAA) and shall be included in the annual budget of the DOLE. Gender-sensitive programs and activities to assist particular needs of migrant workers. Social Workers. Section 20. customs and practices. A counterpart 24-hour Information and Assistance Center to ensure a continuous network and coordinative mechanism shall be established at the DFA and the DOLE/OWWA. Section 18. Budget. The following personnel may be assigned to the Center: a. settlement and community networking services and activities for social interaction. with the local language. in accordance with this Rule. j.

rules or regulations. RULE XII ROLE OF LGUs Section 1. (c) No groups of medical clinics shall have a monopoly of exclusively conducting health examinations on migrant workers for certain receiving countries. In the fight against illegal recruitment. Liability of Government Personnel for Nonfeasance and Malfeasance of their Duties under the Act. In case an OFW is found to be not medically fit within fifteen (15) days upon his/her arrival in the country of destination. other concerned government agencies. (d) Every Filipino migrant worker shall have the freedom to choose any of the DOH-accredited or DOH-operated clinics that will conduct his/her health examinations and that his/her rights as a patient are respected. suffer the penalty of revocation of its DOH-accredited if after investigation. conducting health examinations for Filipino migrant workers shall observe the same standard operating procedures and shall comply with internationally-accepted standards in their operations to conform with the requirements of receiving countries or of foreign employers/principals. Pre-Employment Medical Examinations (PEME) for overseas work applicants shall be performed only in DOH-accredited medical clinics and health facilities utilizing the standards set forth by DOH. based on a thorough and periodic review of the cost of health examinations and after consultation with concerned stakeholders. They shall provide legal assistance to victims of illegal recruitment and. Any government official or employee who violates any provision of this Rule shall be removed or dismissed from service with disqualification to hold any appointive public office for five (5) years. coordinate with appropriate government agencies regarding . Any foreign employer who does not honor the results of valid health examinations conducted by a DOH-accredited or DOH-operated clinic shall be temporarily disqualified from participating in the overseas employment program. Issuance of Guidelines. (e) Within a period of three (3) years from the effectivity of the Act. on Filipino migrant workers as requirement for their overseas employment. shall not be allowed. Pursuant to this. Any DOH-accredited clinic which violates any provisions of this section shall. The decking practice. which requires overseas Filipino workers to go first to an office for registration and then farmed out to a medical clinic located elsewhere. Section 4. Role in Anti-Illegal Recruitment and the Overseas Employment Program. Section 2. the DOH shall issue the pertinent guidelines to implement the provisions of this Rule. the DOH shall ensure that: (a) The fees for the health examinations are regulated. Liability of Medical Clinic or Health Facility. The DOH shall set a minimum and maximum range of fees for the different examinations to be conducted. the medical reason for repatriation could have been detected at the time of examination using the DOH PEME package as required by the employer/principal or the receiving country. Temporary Disqualification of Foreign Employers. The applicant-worker shall pay directly to the DOH-accredited medical clinics or health facilities where the PEME is to be conducted. in partnership with the POEA. Section 5. the following shall be undertaken by the LGUs: a. (b) The Filipino migrant workers shall only be required to undergo health examinations when there is reasonable certainly by the hiring recruitment/manning agency pursuant to POEA Rules and Regulations that he/she will be hired and deployed to the jobsite and only those health examinations which are absolutely necessary for the type of job applied for those specifically required by the foreign employer shall be conducted. and nongovernment organizations advocating the rights and welfare of OFWs. The temporary disqualification of the employer may be lifted only upon the latter's unqualified acceptance of the result of the examination. Within sixty (60) days from effectivity of these Rules. in addition to any other liability it may have incurred. To carry out this task. and (f) All DOH-accredited medical clinics. all DOH regional and/or provincial hospitals under local government units shall establish and operate clinics that can serve the health examination requirements of Filipino migrant workers to provide them easy access to such clinics all over the country and lessen their transportation and lodging expenses.hereinafter referred to as health examinations. Launch an aggressive campaign against illegal recruitment. shall take a proactive stance by being primarily responsible for the dissemination of information to their constituents on all aspects of overseas employment. regularly monitored and duly published to ensure that the said fees are reasonable and not exorbitant. the medical clinic or health facility that conducted the health examination/s of such OFW shall pay for his/her repatriation back to the Philippines and the cost of deployment of such worker. pursuant to POEA Rules and Regulations. Section 3. the local government units (LGUs) and the Department of the Interior and Local Government (DILG). when necessary. Such penalty is without prejudice to any other liability which he/she may have incurred under existing laws. including the DOH-operated clinics.

In such case. processing. and other similar events without prejudice to reimbursement by the responsible principal or agency within sixty (60) days from notice. and immigration fines and penalties. Emergency Repatriation. the plane ticket or the prepaid ticket advice (PTA) to the POLO or Philippine Embassy. deployment cost of the principal. any agency involved in the worker's recruitment. by country or state of destination. be fully computerized and shall be linked to the database of all concerned government agencies. All costs attendant thereto shall be borne by the principal. to immediately repatriate the worker should the need for it arise. Such desks or kiosks shall. disasters or calamities. in coordination with DFA. Upon discovery or upon being informed of the presence of migrant workers whose actual ages fall below the minimum age requirement for overseas deployment. Moreover. If the principal or employer and/or agency fail to secure the exit visa within a period of fifteen (15) days from receipt of the POEA notice. In case there is a need to secure an exit visa for the repatriation of the worker. address. and/or deployment shall also coordinate with the principal or employer in securing the visa. Section 6. with international agencies. Establish and maintain a database pertaining to a master list of OFWs residing in their respective localities. The administrative sanction shall not be lifted until the agency reimburses the OWWA of the cost of repatriation with legal interest. Section 5. . and may impose suspension of documentary processing on the agency. the POEA shall simultaneously identify and give notice to the agencies concerned. The OWWA. including plane fare. When a need for repatriation arises and the foreign employer fails to provide for its cost. Mandatory Repatriation of Underage Migrant Workers. Section 2. classified according to occupation. if warranted. Notwithstanding the provisions of Section 37-A of the Act. the employer or principal shall have fifteen (15) days from notice to secure such an exit visa. RULE XIII REPATRIATION OF WORKERS Section 1. epidemic. other government agencies. the POEA shall suspend the documentary processing of the agency or impose such sanctions as it may deem necessary. b. and the obligation of the worker to refund the cost thereof in case his/her fault is determined by the Labor Arbiter. Upon notice from the POEA. OWWA shall advance the costs of repatriation with recourse to the agency or principal. job category. and contact number of the employer. and in appropriate situations. and the transport of his/her personal effects shall be the primary responsibility of the principal. The POEA shall issue a notice requiring the agency concerned to provide. including visa classification. the POEA shall suspend the employer or principal from participating in the overseas employment program. which shall then inform OWWA of the action of the agency. particularly the POEA for its updated lists of overseas job orders and licensed agencies in good standing. and trained LGU personnel to conduct Pre-Employment Orientation Seminars (PEOS) to their constituents on a regular basis. Establish OFW help desks or kiosks in their localities with the objective of providing current information to their constituents on all the processes and aspects of overseas employment. Action on Non-Compliance. The repatriation of the worker or his/her remains. Section 4. natural or man-made. within 48 hours from such notice. The agency shall notify the POEA of such compliance. Primary Responsibility for Repatriation. Section 3 Repatriation Procedure. They shall report any illegal recruitment activity to the POEA for appropriate action. Every contract for overseas employment shall provide for the primary responsibility of the principal or employer and agency to advance the cost of plane fare. the POLO or responsible personnel on-site shall simultaneously notify OWWA and the POEA of such need.the arrest and/or prosecution of illegal recruiters. Provide a venue for the POEA. If the employment agency fails to provide the ticket or PTA within 48 hours from receipt of the notice. d. after the worker has returned to the country. Obligation to Advance Repatriation Costs. The agency shall coordinate with the principal or employer in securing the visa. NGOs. employer or agency that recruited or deployed him/her abroad. the primary responsibility to repatriate entails the obligation on the part of the principal or agency to advance the repatriation and other attendant costs. gender. the principal or employer shall be primarily responsible for securing the visa at no cost to the worker. However. shall undertake the repatriation of workers in cases of war. civil status. without a prior determination of the cause of the termination of the worker's employment. In countries where there is a need to secure an exit visa for the worker's repatriation. as far as practicable. name. the principal or agency may recover the cost of repatriation from the worker if the termination of employment was due solely to his/her fault. c. employer or the agency concerned.

All costs attendant to repatriation borne by the OWWA may be charged to the Emergency Repatriation Fund provided in the Act. to the underage migrant worker or to his parents or guardian in a summary proceeding conducted.00). g) Department of Tourism.000. Prohibition on Bonds and Deposits. l) National Telecommunications Commission. Section 7. Section 1. Composition. Simultaneously.00) but not more than One million pesos (Php1.00) Pesos. in coordination with the DFA.the responsible officers in the Foreign Service shall without delay repatriate said workers and advise the DFA through the fastest means of communication available of such discovery and other relevant information.000. h) Insurance Commission.000.000. In addition to requiring the recruitment/manning agency to pay or reimburse the costs of repatriation. shall cause the repatriation in appropriate cases. When repatriation becomes immediate and necessary. Availability. Section 8. Section 9. The refund shall be paid within thirty (30) days from the date the POEA is officially informed of the mandatory repatriation as provided for in the Act. o) National Statistical and Coordination Board. In all cases where the principal or agency of the worker cannot be identified. j) Bureau of Immigration. q) Home Development Mutual Fund. Initially. d) Department of the Interior and Local Government. the Inter-Agency Committee shall make available to itself the information contained in existing data bases/files of its member agencies. The POEA shall also order the recruitment/manning agency to refund all fees pertinent to the processing of papers or documents in the deployment. n) National Computer Center. the OWWA shall make representation with the Office of the President for immediate funding in excess of said amount. In no case shall a private recruitment/manning agency require any bond or cash deposit from the worker to guarantee performance under the contract or his/her repatriation. cannot be located or had ceased operations. c) Department of Justice. and the worker is in need and without means. In cases where the cost of repatriation shall exceed One Hundred Million (P100. i) Commission on Filipinos Overseas. f) Department of Social Welfare and Development. and r) Other government agencies concerned with overseas employment. m) Commission on Information and Communications Technology. k) National Bureau of Investigation. The refund shall be independent of and in addition to the indemnification for the damages sustained by the underage migrant worker. The .000. Emergency Repatriation Fund. An Inter-Agency Committee shall be established to implement a shared government information system for migration. Accessibility and Linkaging of Computer Systems. Other Cases of Repatriation. the OWWA shall advance the needed costs from the Emergency Repatriation Fund without prejudice to reimbursement by the deploying agency and/or principal. the OWWA personnel at the jobsite. or the worker in appropriate cases. without prejudice to the OWWA requiring the agency/employer/insurer or the worker to reimburse the cost of repatriation. the POEA shall cancel the license of the recruitment/manning agency that deployed an underage migrant worker after notice and hearing and shall impose a fine of not less than five hundred thousand pesos (Php500. RULE XIV SHARED GOVERNMENT INFORMATION SYSTEM FOR MIGRATION Section 2. e) Department of Health and concerned attached agencies. p) National Statistics Office. the POEA shall ask the concerned agency to work towards reimbursement of costs advanced by the OWWA. The InterAgency Committee shall be composed of the following agencies: a) Department of Foreign Affairs: b) Department of Labor and Employment and concerned attached agencies.

refer to loans granted to departing migrant workers covered by new contracts to satisfy their pre-departure requirements such as payments for placement/processing fees. and migrant workers. Information and data acquired through this shared information system shall be treated as confidential and shall only be used for official and lawful purposes. Section 7. including those serving prison terms. (a) Pre-Departure Loans . cost of clothing and pocket money. Secretariat. The progress of the implementation shall be included in the report of the DFA and the DOLE under Section 33 of the Act. h) A tracking system of past and present gender desegregated cases involving male and female migrant workers. The Inter-Agency Committee shall meet regularly to ensure the immediate and full implementation of Section 20 of the Act and shall explore the possibility of setting up a central storage facility for the data on migration. and their dispositions. Chair and Technical Assistance. The Inter-Agency Committee shall be co-chaired by the Department of Foreign Affairs and the Department of Labor and Employment. Definitions. Section 8. d) Statistical profile on Filipino migrant workers/overseas Filipinos/ tourists. airplane fare.second phase shall involve linkaging of computer facilities systems in order to allow the free-flow data exchanges and sharing among concerned agencies. and m) Such other information as may be deemed necessary by the InterAgency Committee. frequency of reporting. related to the usual functions of the InterAgency Committee members. e) Blacklisted foreigners/undesirable aliens. These shared databases shall initially include. guidelines. inter alia: data to be shared. marriage laws and civil and criminal codes in receiving countries particularly those with large numbers of Filipinos. by country/state of destination including visa classification. Funds. the actual budget of the Inter-Agency Committee shall be drawn from the General Appropriations Act in accordance with Section 26 of Republic Act No. Regular Meetings. 10022. and timeless and availability of data. b) Inventory of pending legal cases involving Filipino migrant workers and other Filipino migrant workers and other Filipino nationals. which shall be declassified and shared among member agencies. Section 3. k) List of accredited foreign employers. The National Computer Center shall provide the necessary technical assistance and shall set the appropriate information and communications technology standards to facilitate the sharing of information among the member agencies. immigration policies. which may render assistance to overseas Filipinos in general. RULE XV MIGRANT WORKERS LOAN GUARANTEE FUND Section 1. and for purposes envisioned by the Act. g) List of labor and other human rights instruments where receiving countries are signatories. A secretariat. Section 4. which shall provide administrative and support services to the InterAgency Committee shall be based in the DFA. including declassification of information. Section 6. f) Basic data on legal systems. and i) List of overseas posts. The InterAgency Committee shall convene to identify existing databases. l) List of recruiters and recruitment agencies with decided/pending criminal/civil/administrative cases. Declassification and Sharing of Existing Information. j) List of licensed recruiters and recruitment agencies. subsistence allowance. Confidentiality of Information. The Inter-Agency Committee shall convene thirty (30) days from effectivity of these Rules to prioritize the discussion of the following. The E-Government Fund may be tapped for purposes of fund sourcing by the Inter-Agency Committee. including minors. The Philippine Charity Sweepstakes Office shall allocate an initial amount of P10 Million to carry out the provisions of this Rule. . Section 5. the following information: a) Master lists of Filipino migrant workers/overseas Filipinos classified according to occupation/job category. Thereafter. civil status. c) Master list of departing/arriving Filipinos. The Inter-Agency Committee shall establish policies. in particular. and procedures in implementing this Rule. but not be limited to.

Section 2. All departing migrant workers who need financial assistance to pay or satisfy their pre-departure expenses may avail of the Pre-Departure Loans. Guarantee Agreement. Section 2. mortuary or . (b) Natural death.000. with at least Ten Thousand United States Dollars (US$ 10. In case of death. Section 6. loss of two limbs at or above the ankles or wrists. Pursuant to Sec. Section 3. The following disabilities shall be deemed permanent: total. the insurance provider shall arrange and pay for the repatriation or return of the worker's remains. Policy Coverage. each migrant worker deployed by a recruitment/manning agency shall be covered by a compulsory insurance policy which shall be secured at no cost to the said worker. permanent complete paralysis of two limbs. 21 of the Act. Such insurance policy shall be effective for the duration of the migrant worker's employment contract and shall cover.refer to government financial institutions.00) from the Capital Funds of OWWA shall constitute the Migrant Workers Loan Guarantee Fund. (d) Repatriation cost of the worker when his/her employment is terminated by the employer without any valid cause.refers to a contract between the participating financial institution and OWWA whereby the latter pledges to pay a loan obtained by a migrant worker from the former in case the worker defaults. or by the employee with just cause. (b) to establish and operate a guarantee system in order to provide guarantee cover on the pre-departure and family assistance loans of migrant workers who lack or have insufficient collateral or securities. In addition to the performance bond to be filed by the recruitment/manning agency under Section 10 of the Act. (d) GFIs .refer to loans granted to currently employed migrant workers or their eligible dependents/families in the Philippines to tide them over during emergency situations. and (c) to ensure the participation of GFIs in extending loan assistance to needy migrant workers who are to be engaged or is engaged for a remunerated activity abroad. The Fund. brain injury resulting to incurable imbecility or insanity. The OWWA shall initiate arrangements with GFIs to implement mutually agreed financing schemes. RULE XVI COMPULSORY INSURANCE COVERAGE FOR AGENCY-HIRED WORKERS Section 1.000. The Migrant Workers Loan Guarantee Fund is hereby established: (a) to prevent any recruiter from taking advantage of workers seeking employment abroad by expanding the grant of Pre-Departure and Family Assistance Loans to covered migrant workers. All existing revolving funds earmarked for the Pre-Departure and Family Assistance Loans shall revert back to the OWWA Capital Fund. Currently employed migrant workers or their eligible dependents who need emergency financing assistance may avail of the Family Assistance Loan. Loan Guarantee Fund. at the minimum: (a) Accidental death. Administration of the Fund. No loan shall be considered covered by a guarantee unless a Guarantee Agreement has been prepared and approved by both the participating financial institution and the OWWA. shall be used exclusively to guarantee the repayment of Pre-Departure and Family Assistance Loans granted by participating GFIs. (c) Guarantee Agreement . including the transport of his/her personal belongings. (c) Permanent total disablement.(b) Family Assistance Loans .000. which shall be administered by the OWWA. Section 5. with at least Seven Thousand Five Hundred United States Dollars (US$7.500) disability benefit payable to the migrant worker.00) survivor's benefit payable to the migrant worker's beneficiaries. including but not limited to.000. Financing Scheme. with at least Fifteen Thousand United States Dollars (US$ 15. Migrant Workers Covered.00) survivor's benefit payable to the migrant worker's beneficiaries. locating a local and licensed funeral home. Coverage and Scope. complete loss of sight of both eyes. that will expand the Pre-Departure and Family Assistance Loans. Section 4. The insurance provider shall also render any assistance necessary in the transport. the amount of One Hundred Million pesos (P100.

partners. duly authenticated by the Philippine foreign posts. including the claims procedure. evacuation under appropriate medical supervision by the mode of transport necessary shall be undertaken by the insurance provider. When medically necessary as determined by the attending physician. repatriation under medical supervision to the migrant worker's residence shall be undertaken by the insurance provider at such time that the migrant worker is medically cleared for travel by commercial carrier. This provision shall be without prejudice to the provisions of Rule XIII of these Rules and Regulations. When a migrant worker is hospitalized and has been confined for at least seven (7) consecutive days. purchasing the minimally necessary casket or air transport container. with a net worth of at least Five Hundred Million Pesos (Php500. however. Medical and non-medical escorts may be provided when necessary. partners. The insurance company shall pay for the transportation cost of the family member or requested individual to the major airport closest to the place of hospitalization of the worker. as well as transporting the remains including retrieval from site of death and delivery to the receiving funeral home. such as air ambulance. Documentary Requirements for Accidental or Natural Death or Disablement Claims.000. Section 3. When an adequate medical facility is not available proximate to the migrant worker. (d) and (e) of Section 2 of this Rule shall present to the insurance company concerned a written notice of claim together with pertinent supporting documents. Requirement for Issuance of OEC. foreign insurance companies shall include entities providing indemnity cover to the vessel. in filing a claim with the insurance provider. It shall be the duty of the recruitment/manning agency. within the fourth civil degree of consanguinity or affinity. obtaining legal clearances.direct disposition facility to prepare the body for transport. If the period to receive medical clearance to travel exceeds fourteen (14) days from the date of discharge from the hospital. may be arranged. Any claim arising from accidental death. Only reputable private insurance companies duly registered with the (IC). as determined by the insurance company's physician and a consulting physician. providing death certificates. employees or agents with relatives. before his/her departure. shall be sufficient evidence to substantiate the claim: .000. with at least One Hundred United States Dollars (US$100) per month for a maximum of six (6) months for a migrant worker who is involved in a case or litigation for the protection of his/her rights in the receiving country. it shall be the duty of the recruitment/manning agency to assist the migrant worker and/or the beneficiary and to ensure that all information and documents in the custody of the agency necessary for the claim must be readily accessible to the claimant. Section 4. (e) Subsistence allowance benefit. the POEA shall accept certificates or other proofs of cover from recruitment/manning agencies: Provided. (c). (h) Medical evacuation. Notice of Claim. and to at least one of his/her beneficiaries the terms and benefits of the insurance coverage. It shall be the duty of the said directors. (b) and (c) shall be paid by the insurance company without any contest and without the necessity of proving fault or negligence of any kind on the part of the insured migrant worker: Provided the following documents. officers. the responsibility of the family member or requested individual to meet all visa and travel document requirements. and (i) Medical repatriation. natural death or permanent total disablement under Section 2 (a). Duty to Disclose and Assist. officers. who work or have interest in any of the licensed recruitment/manning agencies or in any of the government agencies involved in the overseas employment program shall be disqualified from providing this workers' insurance coverage. Any person having a claim upon the policy issued pursuant to subparagraphs (a). (g) Compassionate visit. in collaboration with the insurance provider. In the case of seafarers who are insured under policies issued by foreign insurance companies. After procuring such insurance policy. that the minimum coverage under subparagraphs (a) to (i) are included therein. The insurance coverage for money claims shall be equivalent to at least three (3) months salaries for every year of the migrant worker's employment contract. which are in existence and operational for at least five (5) years. and with a current year certificate of authority shall be qualified to provide for the worker's insurance coverage. employees or agents to disclose any such interest to the IC and POEA. he shall be entitled to a compassionate visit by one (1) family member or a requested individual. an alternative appropriate mode of transportation. (f) Money claims arising from employer's liability which may be awarded or given to the worker in a judgment or settlement of his/her case in the NLRC. completing all documentation. Also. (b). Section 6. Section 5. It is. The insurance company shall forthwith ascertain the truth and extent of the claim and make payment within ten (10) days from the filing of the notice of claim. the recruitment/manning agency shall provide an authenticated copy thereof to the migrant worker. This provision shall be without prejudice to the provisions of Rule XIII of these Rules and Regulations. Qualification of Insurance Companies. For this purpose. Insurance companies who have directors. to sufficiently explain to the migrant worker. Section 7. It shall then submit the certificate of insurance coverage of the migrant worker to POEA as a requirement for the issuance of Overseas Employment Certificate (OEC) to the migrant worker.00) to be determined by the IC. The recruitment/manning agency shall have the right to choose from any of the qualified insurance providers the company that will insure the migrant worker it will deploy. procuring consular services.

(1) Death Certificate - in case of natural or accidental death; (2) Police or Accident Report - in case of accidental death; and (3) Medical Certificate - in case of permanent disablement. In case of a seafarer, the amounts provided in Section 2 (a), (b), or (c), as the case may be shall, within ten (10) days from submission of the above-stated documents, be paid by the foreign insurance company through its Philippine representative to the seafarer/beneficiary without any contest and without any necessity of proving fault or negligence on the part of the seafarer. Such amount received by the seafarer/beneficiary may be entitled to under the provisions of the POEA-Standard Employment Contract or collective bargaining agreement (CBA). Any claim in excess of the amount paid pursuant to the no contest, no fault or negligence provision of this section shall be determined in accordance with the POEA-SEC or CBA. Section 8. Documentary Requirement for Repatriation Claim. For repatriation under subparagraph (d) of Section 2 of this Rule , a certification which states the reason/s for the termination of the migrant worker's employment and the need for his/her repatriation shall be issued by the Philippine foreign post or the Philippine Overseas Labor Office (POLO) located in the receiving country. Such certification shall be solely for the purpose of complying with this section. Section 9. Documentary Requirements for Subsistence Allowance Benefit Claim. For subsistence allowance benefit under sub-paragraph (e) of Section 2 of this Rule, the concerned Labor Attaché or, in his absence, the embassy or consular official shall issue a certification which states the name of the case, the names of the parties and the nature of the cause of action of the migrant worker. Section 10. Settlement of Money Claims. For the payment of money claims under sub-paragraph (f) of Section 2 of this Rule, the following rules shall govern: (1) After a decision has become final and executory or a settlement/compromise agreement has been reached between the parties at the NLRC, the Labor Arbiter shall, motu proprio or upon motion, and following the conduct of pre-execution conference, issue a writ of execution mandating the respondent recruitment/manning agency to pay the amount adjudged or agreed upon within thirty (30) days from receipt thereof; (2) The recruitment/manning agency shall then immediately file a notice of claim with its insurance provider for the amount of liability insured, attaching therewith a copy of the decision or compromise agreement; (3) Within ten (10) days from the filing of notice of claim, the insurance company shall make payment to the recruitment/manning agency the amount adjudged or agreed upon, or the amount of liability insured,

whichever is lower. After receiving the insurance payment, the recruitment/manning agency shall immediately pay the migrant worker's claim in full, taking into account that in case the amount of insurance coverage is insufficient to satisfy the amount adjudged or agreed upon, it is liable to pay the balance thereof; (4) In case the insurance company fails to make payment within ten (10) days from the filing of the claim, the recruitment/manning agency shall pay the amount adjudged or agreed upon within the remaining days of the thirty-day period, as provided in the first sub-paragraph hereof; (5) If the worker's claim was not settled within the aforesaid thirty-day period, the recruitment/manning agency's performance bond or escrow deposit shall be forthwith garnished to satisfy the migrant worker's claim; (6) The provision of compulsory worker's insurance under this section shall not affect the joint and several liability of the foreign employer and the recruitment/manning agency under Section 10 of the Act; (7) Lawyers for the insurance companies, unless the latter are impleaded, shall be prohibited to appear before the NLRC in money claims cases under Rule VII. Section 11. Disputes in the Enforcement of Insurance Claims. Any question or dispute in the enforcement of any insurance policy issued under this Rule shall be brought before the IC for mediation or adjudication. Notwithstanding the preceding paragraph, the NLRC shall have the exclusive jurisdiction to enforce against the recruitment/manning agency its decision, resolution or order, that has become final and executory or a settlement/compromise agreement reached between the parties. Section 12. Liability of Recruitment/Manning Agency. In case it is shown by substantial evidence before the POEA that the migrant worker who was deployed by a licensed recruitment/manning agency has paid for the premium or the cost of the insurance coverage or that the said insurance coverage was used as basis by the recruitment/manning agency to claim any additional fee from the migrant worker, the said licensed recruitment/manning agency shall lose its license and all its directors, partners, proprietors, officers and employees shall be perpetually disqualified from engaging in the business of recruitment of overseas workers. Such penalty is without prejudice to any other liability which such persons may have incurred under existing laws, rules or regulations. Section 13. Foreign Employers Guarantee Fund. For migrant workers recruited by the POEA on a government-to-government arrangement, the POEA Foreign Employers Guarantee Fund referred to under Section 5, Rule X of these Rules shall be answerable for the workers' monetary claims arising from breach of contractual obligations.

Section 14. Optional Coverage. For migrant workers classified as rehires, name hires or direct hires, they may opt to be covered by this insurance coverage by requesting their foreign employers to pay for the cost of the insurance coverage or they may pay for the premium themselves. To protect the rights of these workers, the DOLE and POEA shall provide them adequate legal assistance, including conciliation and mediation services, whether at home or abroad. Section 15. Formulation of Implementing Rules and Regulations. Within thirty (30) days from the effectivity of these Rules, and pursuant to Section 37-A of the Act, the IC, as the lead agency, shall, together with DOLE, NLRC, and POEA, in consultation with the recruitment/manning agencies and legitimate nongovernment organizations advocating the rights and welfare of OFWs, issue the necessary implementing rules and regulations, which shall include the following: 1. Qualifications of participating insurers; 2. Accreditation of insurers; 3. Uniform Standard Policy format; 4. Premium rate; 5. Benefits; 6. Underwriting Guidelines; 7. Claims procedure; 8. Dispute settlement; 9. Administrative monitoring and supervision; and 10. Other matters deemed necessary. Within five (5) days from effectivity of these Rules, the IC shall convene the interagency committee to commence the formulation of the aforesaid necessary rules and regulations. Section 16. Assessment of Performance of Insurance Providers. At the end of every year, the DOLE and the IC shall jointly make an assessment of the performance of all insurance providers, based upon the report of NLRC and POEA on their respective interactions and experiences with the insurance companies, and they shall have the authority to ban or blacklist such insurance companies which are known to be evasive or not responsive to the legitimate claims of migrant workers. The DOLE shall include such assessment in its yearend report to Congress.

Section 17. Automatic Review. The foregoing provisions on mandatory insurance coverage shall be subject to automatic review through the Congressional Oversight Committee immediately after three (3) years from the effectivity of the Act in order to determine its efficacy in favor of the covered OFWS and the compliance by recruitment/manning agencies and insurance companies, without prejudice to an earlier review if necessary and warranted for the purpose of modifying, amending and/or repealing these subject provisions. RULE XVII MISCELLANEOUS PROVISIONS Section 1. POEA, OWWA, and other Boards. Notwithstanding any provision of law to the contrary, the respective boards of the POEA and the OWWA shall have three (3) members each who shall come from the women, sea-based and land-based sectors respectively, to be selected and nominated openly by the general membership of the sector being represented. The selection and nomination of the additional members from the women, seabased and land-based sectors shall be governed by the following guidelines: (a) The POEA and OWWA shall launch a massive information campaign on the selection of nominees and provide for a system of consultative sessions for the certified leaders or representatives of the concerned sectors, at least three (3) times, within ninety days (90) before the Boards shall be convened, for purposes of selection. The process shall be open, democratic and transparent. (b) Only non-government organizations that protect and promote the rights and welfare of overseas Filipino workers, duly registered with the appropriate Philippine government agency and in good standing as such, and in existence for at least three (3) years prior to the nomination shall be qualified to nominate a representative for each sector to the Board; (c) The nominee must be at least 25 years of age, able to read and write, and a migrant worker at the time of his/her nomination or was a migrant worker with at least three (3) years experience as such; (d) A Selection and Screening Committee shall be established within the POEA and OWWA by the Secretary of Labor and Employment to formulate the procedures on application, screening and consultation, and shall be responsible to provide the list of qualified nominees to the respective Governing Boards; and (e) The final list of all the nominees selected by the OWWA/POEA Governing Boards, which shall consist of three (3) names for each sector to be represented, shall be submitted to the President and published in a newspaper of general circulation.

Incumbent representatives appointed pursuant to this section and who are eligible for re-appointment shall be automatically included in the list referred to under subsection (d). Within thirty (30) days from the submission of the final list referred to under subsection (e), the President shall select and appoint from the list the representatives to the POEA/OWWA Governing Boards. The members shall have a term of three (3) years and shall be eligible for reappointment for another three (3) years. In case of vacancy, the President shall, in accordance with the provisions of the Act, appoint a replacement who shall serve the unexpired term of his/her predecessor. All other government agencies and government-owned or controlled corporations which require at least one (1) representative from the overseas workers sector to their respective boards shall follow all the applicable provisions of this section, subject to the respective Charters, Implementing Rules and Regulations, and internal policies of such agencies and corporations. The existing members of the Governing Boards of POEA and OWWA representing the women, land-based, or sea-based sectors shall serve the remaining portion of their three-year terms. Thereafter, their positions shall be deemed vacant, and the process of selection of their replacement shall be in accordance with this section. If the incumbent is eligible for re-appointment, he/she shall continue to serve until re-appointed or another person is appointed in accordance with this section. Incumbent representatives in the Governing Board with no fixed term shall remain in holdover capacity, until a replacement is appointed in accordance with this section. Section 2. Report to Congress. In order to inform the Philippine Congress on the implementation of the policy enunciated in Section 4 of the Act, the DFA and the DOLE shall submit separately to the said body a semi-annual report of Philippine foreign posts located in, or exercising consular jurisdiction over, countries receiving Filipino migrant workers. The mid-year report covering the period January to June shall be submitted not later than October 31 of the same year while the year-end report covering the period July to December shall be submitted not later than May 31 of the following year. The report shall include, but shall not be limited to, the following information: (a) Master list of Filipino migrant workers, and inventory of pending cases involving them and other Filipino nationals including those serving prison terms; (b) Working conditions of Filipino migrant workers;

(c) Problems encountered by the migrant workers, specifically violations of their rights; (d) Initiatives/actions taken by the Philippine foreign posts to address the problems of Filipino migrant workers; (e) Changes in the laws and policies of host countries; and (f) Status of negotiations on bilateral labor agreements between the Philippines and the receiving country. Section 3. Effect on Failure to Report. Any officer of the government who has the legal duty to report, yet fails to submit the aforesaid Report to Congress, without justifiable cause, shall be subject to an administrative penalty of dismissal from the service with disqualification to hold any appointive public officer for five (5) years. Section 4. Government Fees, Administrative Costs and Taxes. All fees for services being charged by any government agency on migrant workers prevailing at the time of the effectivity of this Rule shall not be increased. All other services rendered by the DOLE and other government agencies in connection with the recruitment and placement of and assistance to migrant workers shall be rendered free. The administrative cost thereof shall not be borne by the worker. The migrant worker shall be exempt from the payment of travel tax and airport fee upon proper showing of the Overseas Employment Certificate (OEA) issued by the POEA. The remittances of all OFWs, upon showing of the OEC or valid OWWA Membership Certificate by the OFW beneficiary or recipient, shall be exempt from the payment of documentary stamp tax (DST) as imposed under Section 181 of the National Internal Revenue Code, as amended. In addition to the original copy, a duplicate copy or a certified true copy of the valid proof of entitlement referred to above shall be secured by the OFW from the POEA or OWWA, which shall be held and used by his/her beneficiary in the availment of the DST exemption. In case of OFWs whose remittances are sent through the banking system, credited to beneficiaries or recipient's account in the Philippines and withdrawn through an automatic teller machine (ATM), it shall be the responsibility of the OFW to show the valid proof of entitlement when making arrangement that for his/her remittance transfers. A proof of entitlement that is no longer valid shall not entitle an OFW to DST payment exemption.

Section 5. Repealing Clause. shall allow the reasonable extension of the period for the issuance of the certification upon a determination that there is a need therefor. Section 8. All OFWs who were issued Overseas Employment Certificates prior to the effectivity of the necessary rules and regulations referred to under Section 15 of Rule XVI shall not be covered by the compulsory insurance requirement. the secretary of Foreign Affairs. RULE XX TRANSITORY PROVISIONS Section 1. . (a) To set the coverage. For purposes of issuance of the certifications.000. Section 2. POEA. In compliance with Section 4 of the Act. The departments. There is hereby created a Congressional Migrant Workers Scholarship Fund which shall benefit deserving migrant workers and/or their immediate descendants who intend to pursue courses or training primarily in the field of science and technology.00) shall be sourced from the proceeds of Lotto draws. Creation of the Scholarship Fund Committee.The Bureau of Internal Revenue (BIR). in consultation with the Secretary of Labor and Employment. (b) To determine the amount of availment. and (e) To perform such other functions necessary to attain the purpose of the Fund. in consultation with the POEA. (c) To monitor and evaluate the program. DOST. The DOLE shall lead and enlist the cooperation of other government agencies in the commemoration of a Migrant Workers Day on 7 June of every year. instrumentalities. the DFA shall have one hundred twenty days (120) from the effectivity of these Rules to issue the certification required in Section 4 of the Act. The fund of One Hundred Fifty Million Pesos (P150. There is hereby created a Scholarship Fund Committee to be composed of representatives from the DOLE. Implementing Agency. Applicability of Criteria for Receiving Countries. . Circulars and implementing Rules and Regulations inconsistent with these Omnibus Rules and Regulations are hereby repeated or amended accordingly. the DFA shall. Prior to the expiration of the aforesaid period. in coordination with the DOST.000. Effectivity. offices and government-owned and controlled corporations charged with carrying out the provisions of the Act shall include in their respective programs the implementation of the Act. RULE XIX MIGRANT WORKERS DAY Section 1. Sources of Funds. the DFA shall. Effectivity of Compulsory Insurance Requirement. may promulgate revenue regulations deemed to be necessary and appropriate for the effective implementation of the exemption of OFWs from DST and travel tax. the funding of which shall be included in the General Appropriations Act. As such. within 90 days from effectivity of these Rules and Regulations. (d) To identify/accredit training and testing institutions. as defined by the DOST. under the Department of Finance. agencies. Functions of the Scholarship Fund Committee. criteria and standards of admission to the Scholarship Program. the deployment of migrant workers overseas shall proceed on a status quo basis. Pending the issuance of the required certifications of compliance or determinations of non-compliance and within the periods mentioned in the preceding paragraphs. RULE XXI FINAL PROVISIONS Section 1. Establishment of the Congressional Migrant Workers Scholarship Fund. The OWWA shall be the Secretariat of the Scholarship Fund Committee. Section 6. RULE XVIII FUNDING Section 1. it shall administer the Scholarship Program.The provisions of these Rules and Regulations shall take effect fifteen days (15) after publication in two (2) newspapers of general circulation. Section 2. OWWA. issue the certification for countries where the Philippines maintains an embassy. All Department Orders. TESDA and two (2) representatives of migrant workers to be appointed by the Secretary of Labor and Employment. Commemoration. issue a standard format to be accomplished by all Foreign Service posts. Section 7. bureaus. In countries where the Philippine Embassy exercises concurrent jurisdiction and where the Ambassador is non-resident.

2 Regional Director — refers to the Director of the Regional Office. ROMULO Secretary Department of Foreign Affairs ROSALINDA DIMAPILIS-BALDOZ Secretary Department of Labor and Employment ENRIQUE T.5 Employer — refers to any person or entity which contracts or hires the services of a non-resident alien whether directly or indirectly. NOGRALES Chairman National Labor Relations Commission (NLRC) REVISED GUIDELINES FOR THE ISSUANCE OF ALIEN EMPLOYMENT PERMIT January 04.6 Non-resident Alien — means any alien already in the Philippines or seeking admission to the Philippines to obtain employment in any public or private enterprise. 1.1 Regional Office — refers to the Regional Offices of the Department of Labor and Employment.4 Prearranged Employee — refers to non-resident alien applying for or already has the authority to work in the Philippines. the following revised guidelines for the issuance of alien employment permit are hereby promulgated: 1. 1. Definition of Terms: 1. 2010. ONA Secretary Department of Health GERARDO BENJAMIN C. Department of Labor and Employment. this 8th day of July. 1.Done in the City of Manila. ALBERTO G. 1988 Pursuant to the provisions of Article 5 and 40 of PD 442 and the provisions of Rule XIV. Book I of its Implementing Rules and Regulations.3 Employment Permit — means an authority issued by the Secretary of Labor and Employment to a non-resident alien to work in the Philippines. 1. . chanroblespublishingcompany 1.

Exemption — The following categories of aliens are exempt from securing employment permit in order to work in the Philippines: .8 Understudy — means any qualified Filipino citizen designated by a local employer to be trained by a foreign national allowed to work in the country by virtue of an employment permit granted him by the Secretary under an approved understudy training program.3 Non resident foreign nationals admitted to the Philippines on nonworking visas and who wish to seek employment. 1. chanroblespublishingcompany 2.9 Understudy Program — refers to the training program for understudies with a foreign national and approved by the Secretary of Labor and Employment.1 All foreign nationals seeking admission to the Philippines for the purpose of employment. regardless of the source of compensation and duration of employment whether the employment is part-time or temporary. — The following categories of foreign nationals are required to secure employment permit from the Department of Labor and Employment.2 All non-resident foreign nationals already working in the Philippines. 2. 2. 2.4 Missionaries or religious workers who intend to engage in gainful employment. 2. Securing of employment permit irrespective of source of compensation — An employment permit shall be secured. 4. 1.7 Resident Alien — refers to any foreign national who is allowed by law to reside or stay indefinitely in the Philippines. Coverage. chanroblespublishingcompany 3.1.

his work experience and other data showing that he possesses technical skills in his trade or profession.1 that the non-resident alien worker shall comply with all applicable laws.3 Missionaries who are actually engaged in missionary work only. 4. 4. e.2 Contract of employment between the employer and the principal which shall embody the following. 5.2.. and 5.2 that the non-resident alien worker and the employer shall bind themselves to train at least two (2) Filipino understudies for a period to be determined by the Secretary.2 Members of international organizations with which the Philippine government is a cooperating member.4. chanroblespublishingcompany 5. and rules and regulations of the Philippines.2. Documents Required — The application for employment permit must be accompanied by the following: 5.1 All members of the diplomatic services and foreign government officials accredited with the Philippine government. 4. . Asian Development Bank.2.1 Curriculum vitae duly signed by the applicant indicating his educational background. 5. among others: 5.g.4 All aliens granted exemption by special laws and all other laws that may be promulgated by the Congress and all those whose employment in the Philippines have been determined by the Secretary of Labor and Employment on a case to case basis to be beneficial to the national interest. International Rice Research Institute and specialized agencies of the United Nations.3 that he shall not engage in any gainful employment other than that for which he was issued a permit.

Permit shall be subject to revocation for non-compliance with these requirements.2 Local employers desirous of hiring the services of a foreign national shall apply for an employment permit in behalf of said foreign national with the nearest regional office of the Department.In case of elective officers of corporations and partnerships resolution or certification attesting to the election of the office-applicant shall be sufficient provided it is accompanied by a copy of the Articles of Incorporation or Partnership or By-Laws of the Corporation. and 5.3.1 Foreign nationals seeking admission to the Philippines shall apply for employment permit with the nearest Philippine Embassy or Consulate for appropriate action. 5.2 submit to the Regional Office for approval an understudy program for the understudies. 6.4 A certification under oath by employer on the period required to effect transfer of technology as indicated in the Understudy Training Program.3. . within 30 days from the arrival of the alien worker he shall: 5. Place to Apply for an Employment Permit: 6. Such understudies must be the most ranking regular employees in the section or department for which the expatriates are being hired to insure the actual transfer of technology.3 An oath of undertaking by the employer that. The Regional Officer shall supervise the training program in accordance with the standards established by the Secretary. 5.1 designate at least two (2) understudies for every alien worker. 6.

8.3 Foreign nationals already in the Philippines shall apply through their prospective employers with the nearest regional office of the Department. 7. including branch offices of foreign companies. 7.1 Elective Officers General Manager and Treasurer of any enterprise that has a foreign equity participation as approved by the Board of Investments and/or the Securities and Exchange Commission. 8.1 Those who will assume functions that are permanent in nature and are needed for the continued operation of an enterprise or office established in the Philippines.4 Those whose employment in the Philippines is temporary in nature and for the accomplishment of a specific task such as . 7. Designation of Understudies — Employer shall designate at least two (2) Filipino understudies for any of the following alien workers: 7.3 Aliens whose prospective employment in the Philippines inherently entails teaching or training others such as academic professors and lecturers.3 All alien workers not otherwise exempted from the understudy requirement under Item 8 hereof.2 Those whose services are contracted because their skills or expertise are in short supply in the Philippines. 8.6. Exemption from the Understudy Requirement — The following categories of alien workers are exempt from the understudy requirement: 8. 8.2 Officers of foreign corporations having representative offices in the Philippines who seek admission thereof solely for the purpose of identifying and developing new investment projects in the country.

9. Understudy Program Progress Report — It shall be the duty of the employer to submit a regular progress report on the understudy . 11. 10.D. Submission of the Understudy Program — As a condition to the continued validity of work permit. 9. except supervision over the understudy program implemented by alien workers employed by enterprise registered by the Board of Investments by virtue of P. 8. 9. if any. Supervision Over the Understudy Program — The supervision over the understudy program shall be vested on the Regional Office which shall from time to time check the implementation and progress of the understudy program.2 The estimated distribution of period allocated for each phase of the training processes. 9.consultants and representatives of machinery suppliers coming to the country for the purpose of installing such machineries. 66 upon which agencies’ supervision over the understudy program is vested by law.6 Those alien workers whose functions or line of work may not need understudies as may be determined by the Secretary of Labor and Employment on a case to case basis. 8. the alien worker required to train at least two (2) Filipino understudies shall submit to the Regional Office for approval thru the employer.4 The estimated total period allocated for the in-service or practical training. the understudy program which substantially contains the following minimum requirements: 9.1 A detailed description of the understudy program including its different phases.5 Athletes and artists invited to perform in the Philippines in the interest of sports development and the promotion of fine arts.3 The estimated total period allocated for theoretical instruction.

14. subject to existing laws. rules and regulations. unless otherwise earlier revoked for cause. Change of Understudies — The employer upon the recommendation of the alien worker may change the understudies originally designated for reasons of incompetence or incapacity to work.1 Compliance by the applicant and his employer with the requirement of item 5 hereof. . the alien. 13.program once every three (3) months signed by him. an employment permit issued to a non-resident alien shall be valid for a period of one (1) year starting from date of issue. only upon approval by the Regional Office. 13. able. Period of Validity of the Employment of Permit — Except in cases of prearranged employment calling for a shortened period of employment.00.4 The recommendation of the Board of Investment or other appropriate government offices if the applicant will be employed in preferred areas of investments or in accordance with the imperatives of economic development. of ill health or other similar causes. 13. 13. and 13. 12. Issuance of Employment Permit — A work permit shall be issued based on: 13. Such permits may be renewed upon approval of the Regional Director.3 His assessment as to whether or not the employment of the applicant will redound to the national interest.2 Report of the Regional Director as to the availability or nonavailability of any person in the Philippines who is competent. and the understudies.5 Payment of fee of P500. and willing to do the job for which the services of the applicant are desired.

as amended.00) PESOS shall be paid to the Department of Labor and Employment for the issuance of an employment permit. chanroblespublishingcompany In case of loss of the AEP card. Cancellation or Revocation of Employment Permit — The employment permit shall be subject to cancellation for violation of the following conditions of the permit: 17.2 Failure to renew application for extension of employment permit on time shall be ground for denial of permit. Alien who are found working without an employment permit as required by law. 17. 18. Permit Fee — A fee of FIVE HUNDRED (P500.1 An application for extension of employment permit shall be filed forty-five (45) days before expiration of the same. 16. 16.3 That the employer shall not change the designated understudies without prior approval of the Secretary of Labor and Employment.15.2 That the alien shall comply with the requirements of the Understudy Training Program. 17.00) PESOS per replacement upon presentation of proof of loss. replacement shall be charged FIFTY (P50. which is quoted hereunder: . 17. 17. are subject to penalties provided under Article 289 of the Labor Code. whichever comes first.4 That the employer shall notify the Department of assumption to duty of alien within 30 days from issuance of permit or date of assumption to duty of alien.1 That the alien shall not transfer to another job or change his employer without prior approval of the Secretary of Labor and Employment. Extension of Employment Permit — 16.

AS AMENDED. employee or laborer therein with or without remuneration except technical personnel whose employment may be specifically authorized by the Secretary of Justice. to intervene in the management.00). This Decree shall take effect immediately. this 28th day of May. or corporation the capital of which is not wholly owned by citizens of the Philippines. (SGD. or in any manner permits or allows any person. That a person who is not a citizen of the Philippines. finally. permits or allows the use. or imprisonment of not less than three months nor more than three years. forfeit such right.‖ chanroblespublishingcompany 19. the exercise or enjoyment of which is expressly reserved by the Constitution or the laws to citizens of the Philippines or of any other specific country. 108. privilege. franchise. or in any other way. 108. corporation or association not possessing the requisites prescribed by the Constitution or the laws of the Philippines. privilege. use. 1975 AMENDING COMMONWEALTH ACT NO. President of the Philippines. having in its name or under its control. any violations of the provisions of this Code declared to be unlawful or penal in nature shall be punished with a fine of not less than One Thousand Pesos (P1. and no association. chanroblespublishingcompany 20. NOW. Repealing Clause — All guidelines. privilege. or association.000. That any person. Republic Act No. consummation or perpetration of any of the acts herein above enumerated shall be punished by imprisonment for not less than five nor more than fifteen years and by a fine of not less than the value of the right. or existing laws to acquire. property or business to a person. assists. franchise. an y alien found guilty shall be summarily deported upon completion of service of sentence. however. corporation or association shall. a right. do hereby order and decree: Section 1.00) nor more than Ten Thousand Pesos (P10. the exercise and enjoyment of which are expressly reserved by the Constitution or existing laws to citizens of the Philippines or of any other specific country. otherwise known as the AntiDummy Law. as amended. rules and regulations inconsistent herewith are repealed and modified accordingly. property or business. whether as an officer. or both such fine and imprisonment at the discretion of the court. franchise. Effectivity — These guidelines shall take effect immediately. which. Any person. operation. DONE in the City of Manila. I. further. shall engage directly or indirectly in the retail business: Provided. that foreign investors be allowed limited representation in the governing board or body of corporations or associations in proportion to their allowable participation in the equity of the said entities. corporation. MARCOS. is hereby further amended to read as follows: "Section 2-A. partnership. it is fair and equitable and in line with the constitutional policy expressed in Article XIV. FERDINAND E.‖ ―In addition to such penalty. 108. or an . property or business. or the provisions of the existing laws. not possessing the qualifications required by the Constitution. exploit or enjoy a right. and any person who knowingly aids. No person who is not a citizen of the Philippines. franchise or privilege enjoyed or acquired in violation of the provisions hereof but in no case less than five thousand pesos: Provided. allows aliens to become members of the board of directors or governing body of corporations or associations engaging in partially nationalized activities. managers or persons in violating the provisions of this section shall be criminally liable in lieu thereof: Provided. OTHERWISE KNOWN AS "THE ANTI-DUMMY LAW" WHEREAS. as amended. Section 5 of the Constitution. or unless the acts complained of hinges on a question of interpretation or implementation of ambiguous provisions of an existing collective bargaining agreement. that the president.) FRANKLIN M.‖ ―Any provision of law to the contrary notwithstanding any criminal offense punished in this Code shall be under the concurrent jurisdiction of the Municipal or City Courts and the Courts of First Instance. THEREFORE. in addition to the penalty imposed herein. in the year of Our Lord. administration or control thereof.000. Penalties — Except as otherwise provided in this Code. transfers or conveys said right. Section 2. and Provided. franchise. DRILON Secretary Department of Labor and Employment Chanroblespublishingcompany MALACAÑANG Manila PRESIDENTIAL DECREE No. privilege and the property provisions of this Act. by virtue of the powers vested in me by the Constitution. That the election of aliens as members of the board of directors or governing body of corporations or associations engaging in partially nationalized activities shall be allowed in proportion to their allowable participation or share in the capital of such entities. corporation or association not otherwise qualified under the Constitution. or to corporations or associations at least sixty per centum of the capital of which is owned by such citizens.―Article 289. 715 May 28. WHEREAS. 1180 AN ACT TO REGULATE THE RETAIL BUSINESS Section 1. or abets in the planning. or leases. nineteen hundred and seventy-five. exploitation or enjoyment thereof by a person. there have been conflicting interpretations as to whether Section 2-A of Commonwealth Act No. Section 2-A of Commonwealth Act No.

This Act shall take effect upon its approval. Failure to renew a license to engage in retail business shall be considered voluntary retirement. whichever event comes first. engaged in the retail business. unless its license is forfeited in accordance herewith. partnership or corporation wholly owned by citizens of the Philippines shall be conclusive evidence of the ownership by such citizen. Section 3. Section 5. and for a period of ten year from the date of the approval of this Act or until the expiration of the term of the association or partnership or of the corporate existence of the corporation. partners or stockholders. president. and labor and other laws relating to trade. to curtail and prevent acts or practices prejudicial to the public interests. fifteen. so that they may be in a better position to extend effective service in a fair manner to the general public and to industry. processed or produced by him if his capital does not exceed five thousand pesos. but shall not include: (a) a manufacturer. partnership or corporation not wholly owned by citizens of the Philippines. in the case of a natural person. This Act shall be known as the "Financing Company Act. or (b) a farmer or agriculturist selling the project of his farm. directors. nineteen hundred and forty-six.association. Section 6. present for registration with the municipal or city treasurer a verified statement containing the names. shall be entitled to continue to engage therein. he shall be deported immediately after service of sentence. commodities or goods for consumption. in the case of juridical persons. the amount of its assets and liabilities. weights and measures. If the offender is a public officer or employee. Nothing contained in this Act shall in any way impair or abridge whatever rights may be granted to citizens and juridical entities of the United States of America under the Executive Agreement signed on July fourth. association. and nationality of the owners. or corporation not wholly owned by citizens of the Philippines. managers. economic control." Section 2. Section 1. In the case of associations. addresses. administrator or executor is entitled to continue with such retail business only for the purpose of liquidation for a period of not more than six months after such death. Section 2. nineteen hundred and fifty-four. 5980 AN ACT REGULATING THE ORGANIZATION AND OPERATION OF FINANCING COMPANIES. Every person who is not a citizen of the Philippines and every association. partnership or corporation of the business for which the license was issued. the penalty shall be imposed upon its partners. Every license to engage in retail business issued in favor of any citizen of the Philippines or of any association. commerce and industry. occupation or calling of habitually selling direct to the general public merchandise. laborer. to establish or open additional stores or branches for retail business. his or her heir. Section 7. within ninety days after the approval of this Act and within the first fifteen days of January every year thereafter. between that country and the Republic of the Philippines. Any violation of this Act shall be punished by imprisonment for not less than three years and not more than five years and by a fine of not less than three thousand pesos and not more than five thousand pesos. except as against the Government or the State. be dismissed from the public service. If the offender is not a citizen of the Philippines. the nature of the retail business it is engaged in. The license of any person who is not a citizen of the Philippines and of any association. In case of death of a person who is not a citizen of the Philippines and who is entitled to engage in retail business under the provisions of this Act. the names of its principal officials. As used in this Act. shall. Section 3. and such other related data as may be required by the Secretary of Commerce and Industry. the term: . partnership or corporation not wholly owned by citizens of the Philippines. actually engaged in the retail business. stable and efficient basis. It is hereby declared to be the policy of the State to regulate the activities of financing companies to place their operations on a sound. partnership or corporation not wholly owned by citizens of the Philippines to engage in retail business. shall be forfeited for any violation of any provision of laws on nationalization. and other officers responsible for the violation. the term ―retail business‖ shall mean any act. As used in this Act. REPUBLIC ACT No. and perpetually disqualified from holding any public office. until his death or voluntary retirement from said business. he shall. commerce and agriculture. or worker selling to the general public the products manufactured. partnership. No license shall be issued to any person who is not a citizen of the Philippines and to any association. processor. Declaration of Policy. which is actually engaged in the said business on May. Definition of Terms. Section 4. perpetually disenfranchised. partnerships or corporations. in addition to the penalty prescribed herein.

either by discounting or factoring commercial papers on accounts receivable. pledge. any conditional sales contract. deed of trust. any obligation or claim arising out of the foregoing. shall file an information sheet with the Securities and Exchange . or by buying and selling contracts. or other evidences of indebtedness. taking into consideration the nature of the transaction or service and the cost thereof to the financing companies. commercial. or other acquisition of or any credit upon the security of. Requirement for Registration. Limitation on Purchase Discount. and (d) "Purchase discount" is the difference between the value of the receivable purchased or credit assigned. Fees. are corporations. receivables and other evidences of indebtedness by financing companies. business and office machine and equipment. property or money. or agricultural enterprises. the purchase discount. accounts receivable and other evidence of indebtedness pertaining to appliances. any purchase. Financing companies shall be organized in the form of stock corporations or general partnerships at least sixty per centum of the capital of which is owned by citizens of the Philippines and shall have a paid-up capital of not less than five hundred thousand pesos: Provided. regardless of the terms and conditions of the assignment or purchase. exclusive of interest and other charges shall be limited to fourteen (14%) per cent of the value of the credit assigned or the value of the installment papers. service and other charges which shall be uniform for all financing companies. either for present or future delivery. and to one and one-sixth (1 1/6%) per cent of each additional month or fraction thereof in excess of twelve months. advance. The Securities and Exchange Commission of the Philippines is hereby empowered to enforce the provisions of this Act. direction. the Insurance Commissioner and the Cooperatives Administration Office. or other claim against.(a) "Financing companies. and to one and one-half (1 1/2%) per cent for each additional month or fraction thereof in excess of twelve months. accounts receivable and other evidence of indebtedness purchased based on a period of twelve (12) months or less. (c) "Credit" shall mean any loan. Section 4. shall not exceed two per cent of the value of the credit assigned or receivable purchased for every thirty days. In the case of assignments of credit or the buying of installment papers. exclusive of interest and other charges. the purchase discount. The Securities and Exchange Commission. exclusive of fees. in consultation with the financing companies. regardless of the terms and conditions of the factoring agreement. any rental-purchase contract. except those regulated by the Central Bank of the Philippines." hereinafter called companies. In the case of assignment of credit or the buying of installment papers. (b) "Securities and Exchange Commission" shall mean the office of the Securities and Exchange Commission of the Philippines. and administration. lien. In case of factoring of accounts receivables or other evidences of indebtedness. or discount. That financing companies duly incorporated or registered prior to the approval of this Act. and office equipment. or sale or contract of sale of property or service. chattel mortgages. Aside from requiring compliance with the provisions of the Corporation Law and the New Civil Code in case of partnership the Securities and Exchange Commission shall not register the articles of incorporation or the articles of partnership of any financing company unless his office is satisfied on the evidence submitted to it that: (a) all the requirements of existing laws to engage in the business for which the applicant is proposed to be incorporated or organized have been complied with. or by leasing of motor vehicles. as well as the integrity and responsibility of the organizers and administrators reasonably assume the protection of the interest of the general public. exclusive of interest charges. which are primarily organized for the purpose of extending credit facilities to consumers and to industrial. under which. interests and other charges incident to the extension of credit. (b) the organization. Grant of Authority to the Securities and Exchange Commission. shall prescribe reasonable limitations on fees. shall be limited to eighteen (18%) per cent of the value at maturity of the credit assigned or receivable purchased. furniture. or for the delivery of. Section 6. any option. and (c) all the requirements of this Act have been complied with: Provided. accounts. Section 7. Form of Organization. and the net amount paid by the finance company for such purchase or assignment. however. Service and Other Charges. heavy equipment and industrial machinery. or partnerships. That financing companies duly existing and operating before the approval of this Act shall comply with the requirement that sixty (60%) per centum of the capital be owned by citizens of the Philippines within one year from the date of said approval. based on a period of twelve months or less. any contract to sell. Section 5. the discounting rate that can be charged. appliances and other movable property. service charges. leases. and which are actually existing and operating as such. regardless of the terms and conditions of the assignment or purchase. part or all the price is payable subsequent to the making of such sale or contract. demand. mortgage. and any transaction or series of transactions having a similar purpose or effect.

PROVIDING FOR ITS POWERS. partnership. aid. 2. or document required to be filed under this Act. Section 8. Citizenship Requirement of the Board of Directors. STRUCTURE AND FOR OTHER PURPOSES. whether in its stationary. including the managing officer thereof. the other provisions or sections hereof and the application of such provisions or sections to other persons or circumstances shall not be affected thereby. Separability of Clause. 7796 AN ACT CREATING THE TECHNICAL EDUCATION AND SKILLS DEVELOPMENT AUTHORITY. connive. Approved: August 4. Title. 2. In the case of a corporation. or assist in the commission of acts enumerated under subsections 1 and 2 of this Section. or agent of a financing company who shall: (a) Knowingly and willingly make any statement in any application.00) and not more than ten thousand pesos (P10. either through advertisement in whatever form.000. or corporation shall hold itself out as doing business as a "financing company" or "finance and investment company" or any other title or name tending to give the public the impression that it is engaged in the operations and activities of a financing company. all the managing partners must be citizens of the Philippines. report. or (b) it has violated any provision of this Act. or (b) Overvalue or aid in overvaluing any security for the purpose of influencing in any way the action of the company on any loan. No person. association. Persons. If any provision or section of this Act or the application thereof to any person or circumstances is held invalid. it shall appear that: (a) it is insolvent. shall be imposed upon: 1.I t is hereby declared the policy of the State to provide relevant. if upon investigation into the affairs of said financing company or complaint by any person. and (d) Violate the provisions of this Act. Penalty. SEC. In the case of corporations and partnerships existing before the approval of this Act compliance with this provisions shall be required within the period of one year from the date of said approval. shall be citizens of the Philippines. 1969 REPUBLIC ACT NO. . The Securities and Exchange Commission may revoke or suspend the registration of any financing company by entering an order to this effect together with its findings in respect thereto. In the case of partnerships. unless so authorized under this Act. . or corporations.Commission in the form to be prescribed by the Securities and Exchange Commission within sixty (60) days after notice from the said Commission. Section 9. or through other representations without authority. accessible. which statement is false or misleading with respect to any material fact. Section 12. Section 13. Effectivity.This Act shall be known as the "Technical Education and Skills Development Act of 1994" or the "TESDA Act of 1994". or other document. This Act shall take effect upon its approval. partnerships. Revocation and Suspension of Registration. All Acts inconsistent with this Act are hereby repealed. high quality and efficient technical education and skills development in support of the development of high quality Filipino middle- . Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1. (b) Hold themselves out to be a financing company. (c) Make use of a trade or firm name containing the words "financing company" or "finance company" or "finance and investment company" or any other designation that would give the public the impression that it is engaged in the business of a financing company as defined in this Act without authority. Any officer. commercial paper. at the discretion of the court. or discounting line. associations. Section 11.000. Section 10.00) or imprisonment for not more than six months or both. Repealing Clause. A fine of not less than five thousand pesos (P5. 3. or examiner of the Securities and Exchange Commission directly charged with the implementation of this Act who shall commit. Any officer. employee. Declaration of Policy. employee. at least two-thirds of all members of the Board of Directors of any financing company which may be established after the approval of this Act. that shall: (a) Engage in the business of a financing company without authority from the Securities and Exchange Commission.

self-reliance and nationalism.It is the goal and objective of this Act to: Promote and strengthen the quality of technical education and skills development programs to attain international competitiveness. . repacking or assembly of goods including serviceoriented enterprises. SEC. . particularly private enterprises. "Private Enterprises" refers to an economic system under which property of all kinds can be privately owned and in which individuals. administrative or technical training program for the purpose of acquiring and developing job-related skills.cralaw SEC.cralaw The State shall encourage active participation of various concerned sectors. . This includes industrial. Definition of Terms. or agro-industrial establishments engaged in the production. knowledge and behavior pattern required as qualifications for a job or range of jobs in a given occupational area. "Trainors/trainers" shall mean persons who provide training to trainers aimed at developing the latter's capacities for imparting attitudes. para-professionals and other categories of middle-level workers by providing them with a broad range of general education. alone or in association with another. self-discipline. agricultural. Statement of Goals and Objectives. Encourage critical and creative thinking by disseminating the scientific and technical knowledge base of middle-level manpower development programs. "Technical Education" shall refer to the education process designed at postsecondary and lower tertiary levels. their ability. or both.skilled workers who have become highly competent in their trade or craft as attested by industry. Focus technical education and skills development on meeting the changing demands for quality middle-level manpower.level manpower responsive to and in accordance with Philippine development goals and priorities. being direct participants in and immediate beneficiaries of a trained and skilled workforce. or 2. 4. Recognize and encourage the complementary roles of public and private institutions in technical education and skills development and training systems. manufacturing. officially recognized as non-degree programs aimed at preparing technicians. occupations or group of related occupations. tasks. processing.who have acquired practical skills and knowledge through formal or nonformal education and training equivalent to at least a secondary education but preferably at post-secondary education with a corresponding degree of diploma. skills and behavior patters required for specific jobs. scientific and technological studies. theoretical. "Apprenticeship" training within employment with compulsory related theoretical instruction involving a contract between an apprentice and an employer on an approved apprenticeable occupation. and related job skills training. and Inculcate desirable values through the development of moral character with emphasis on work ethic. in providing technical education and skills development opportunities. "Middle-Level Manpower" refers to those: "Trade" shall mean any group of interrelated jobs or any occupation which is traditionally or officially recognized as craft or artisan in nature requiring specific qualifications that can be acquired through work experience and/or training. "Trainees" shall mean persons who are participants in a vocational. 1. 3.As used in this Act: "Skill" shall mean the acquired and practiced ability to carry out a task or job. "Skills Development" shall mean the process through which learners and workers are systematically provided with learning opportunities to acquire or upgrade. can embark on a business activity. "Trainers" shall mean persons who direct the practice of skills towards immediate improvement in some task. knowledge.

The member from the private sector appointed thereafter to fill vacancies caused by expiration of terms shall hold office for three (3) years. guidance and human formation. Technical Education and Skills Development Authority. Creation. duties and responsibilities of each party. Composition of the Authority. "Learners" refers to persons hired as trainees in semi-skilled and other industrial occupations which are non-apprenticeable. 7. one of whom shall be a woman. 6. there is hereby created a Technical Education and Skills Development Authority (TESDA). . while in-plant training develops his skills and proficiency in actual work conditions as it continues to inculcate personal discipline and work values. In. revise the membership of the TESDA Board. however. Learnership programs must be approved by the Authority.cralaw SEC. or as frequently as may be deemed necessary by its Chairperson. and two (2) representatives of the national associations of private technical-vocational education and training institutions. Composition of the TESDA Board. 5. from the employer/industry organization.The TESDA Board shall be composed of the following: The Secretary of of Education. "Dual System/Training" refers to a delivery system of quality technical and vocational education which requires training to be carried out alternately in two venues: in-school and in the production plant. whenever the President deems it necessary for the effective performance of the Board's functions through an administrative order. of of of Interior of Trade Labor Culture and Agriculture and the Local TESDA and and Employment Chairperson Secretary Secretary Secretary Secretary Sports Industry Co-Chairperson Member Government Member Director-General Member In addition. they shall so organized themselves that the term of office of one-third (1/3) of their number shall expire every year. As soon as all the members of the private sector are appointed. .cralaw The TESDA Board shall meet at least twice a year. the President of the Philippines shall appoint the following members from the private sector: Secretariat Co-Chairperson "Apprenticeship Agreement" is a contract wherein a prospective employer binds himself to train the apprentice who in turn accepts the terms of training for a recognized apprenticeable occupation emphasizing the rights. from the labor sector. Culture and Sports (DECS) and the apprenticeship program of the Bureau of Local Employment of the Department of Labor and Employment.cralaw SEC. "Apprenticeable Occupation" is an occupation officially endorsed by a tripartite body and approved for apprenticeable by the Authority. one of whom shall be a women. three (3) representatives. a Co-Chairperson shall preside. In case any member of the Board representing the Government cannot "Levy Grant System" refers to a legal contribution from participating employers who would be beneficiaries of the program (often as a percentage of the payroll) which is subsequently turned over or rebated to enterprises offering employee training programs. Department of Education. In the absence of the Chairperson.The Authority shall be composed of the TESDA Board and the TESDA Secretariat.cralaw SEC. which shall replace and absorb the National Manpower and Youth Council (NMYC). the Bureau of Technical and Vocational Education (BTVE) and the personnel and functions pertaining to technical-vocational education in the regional offices of the .To implement the policy declared in this Act. hereinafter referred to as the Authority. basic training. two (2) representatives. ."Apprentice" is a person undergoing training for an approved apprenticeable occupation during an apprenticeship agreement.cralaw The President of the Philippines may. "User-Led" or "Market-Driven Strategy" refers to a strategy which promotes strengthened linkages between educational/training institutions and industry to ensure that appropriate skills and knowledge are provided by the educational system.school training provides the trainee the theoretical foundation. one of whom shall be a woman.

and . organize and constitute various standing committees. promulgate. 13. policies. 7686. rules and regulations. coordination and monitoring technical education and skills development programs at the national. create. plans. execute. an Advisory Committee which shall provide expert and technical advice to the Board to be chosen from the academe and the private sector: Provided. 6. allocate resources. subsidiary groups. merger and/or phase-out following a user-led strategy. programs and guidelines as may be for the effective implementation of this Act. necessary workers. 11. approve trade skills standards and trade tests as established and conducted by private industries. plans and programs taking into consideration the following: The State policy declared herein of giving new direction and thrusts to efforts in developing the quality of Filipino human resource through technical education and skills development. 9. coordinated and fully integrated technical education and skills development policies. employers. enter into. to be designated by such member for the purpose. 4. establish and administer a system of accreditation of both public and private institutions. TESDA. 5. perform and carry-out domestic and foreign contracts subject to existing laws. subject to guidelines promulgated by the Authority. 12. he or she shall be regularly represented by an undersecretary or deputy-director general. trade associations. formulation shall of have any the national-level following plan. or technical working groups for efficient integration. 1. after due consultation with industry groups.cralaw The benefits. No. determine and approve systematic funding schemes such as the Levy and Grant scheme for technical education and skills development purposes. 8. .cralaw SEC. exact reasonable fees and charges for such tests and trainings conducted Equal participation of representatives of industry groups. and retain such earnings for its own use. develop and support institutions' trainors' training and/or programs. regional. as the case may be. 2. powers: programs and subjects it shall undertake pursuant to approved National Technical Education and Skills Development Plan. privileges and emoluments of the Board shall be consistent with existing laws and rules. employers. 7.The Authority shall primarily be responsible for formulating. Powers and Functions of the Board. That in case the Advisory Committee is created.attend the meeting. perform such other duties and functions necessary to carry out the provisions of this Act 3. plans. trade associations. workers and government shall be made the rule in order to ensure that urgent needs and recommendations are readily addressed. labor and government shall be given priority The in the Board. based on the Secretariat's recommendations for the Improved linkages between industry. The implementation of the above-mentioned policy requires the coordination and operation of policies.cralaw consistent with the purposes of the creation of the Board is hereby authorized to set aside a portion of its appropriation for its operation. and 10. lend support and encourage increasing utilization of the dual training system as provided for by Republic Act. restructure the entire sub-sector consisting of all institutions and programs involved in the promotion and development of middle-level manpower through upgrading. and local levels. make. when deemed necessary. 8. continuing. establish. and programs of different concerned sectors of Philippine society.

and to perform such other functions and duties as may be assigned by the Board. 11. both here and abroad.The Authority shall review and recommend action To prepare and implement upon approval by the Authority a program for the training of trainers. Deputy Directors-General. appointed of Services for by Administration shall be the composed of the following offices to be headed by an Executive Director to be Director-General and shall have the rank and emoluments of Director IV.cralaw SEC. and implement the same upon approval by the Authority. Deputy Director-General and Chief To submit to the Authority periodic reports on the progress and accomplishment of work programs of implementation of plans and policies for technical education and skills development. including those which may be entered into between the Government of the Philippines and other nations. planners and managers as provided for in Section 23 of this Act. for the effective and efficient implementation of the national technical education and skills development plan.There is hereby created a Technical Education responsibilities: To establish and maintain a planning process and formulate a national technical education and skills development plan in which the member-agencies and other concerned entities of the Authority at various levels participate. Service Official to be appointed by the TESDA Board. The Deputy Directors-General shall enjoy the benefits. Power to Review and Recommend Action. . . particularly enhance the efficiency of resource allocation decisions within the technical education and skills development sector. including international and foreign organizations. 13. 9.cralaw To recommend measures.cralaw SEC. .The Director-General shall also be assisted by a Chief of Services for Administration who shall be a Career Civil To propose to the Authority the specific allocation of resources for the programs and projects it shall undertake pursuant to approved national technical education and skills development plan.cralaw SEC.cralaw Planning Office (PO) . Deputy Director-General and shall have the following functions: . 1. to concerned authorities on proposed technical assistance programs and grantsin-aid for technical education or skills development. supervisors.The Planning Office shall be under the Office of the To prepare for approval by the Authority an annual report to the President on technical education and skills development. Chief of Services for Administration. To provide analytical inputs to policy decision-making of the Authority on allocation of resources and institutional roles and responsibilities as shall be embodied in annual agencies technical education and skills development plans.SEC. the Director-General shall exercise general supervision and control over its technical and administrative personnel.cralaw SEC. To design and establish planning processes and methodologies which will To implement and administer the apprenticeship program as provided for in Section 18 of his Act. The Director-General shall be appointed by the President of the Philippines and shall enjoy the benefits. and Skills Development Authority Secretariat which shall have the following functions and To enter into agreement to implement approved plans and programs and perform activities as shall implement the declared policy of this Act. One to be responsible for Vocational and Technical Education and Training and one to be responsible for Policies and Planning. Director-General. . 10. 14. . who shall likewise be a member of the TESDA Board. privileges and emoluments equivalent to the rank of Assistant Secretary. in addition to the offices of the Director-General. .The Director-General shall be assisted by two (2) Deputy Directors-General to be appointed by the President of the Philippines on recommendation of the TESDA Board.cralaw As Chief Executive Officer of the TESDA Secretariat.cralaw SEC. The TESDA Secretariat. 12.The TESDA Secretariat shall be headed by a Director-General. in accordance with the manpower plan for middle-level skilled worker as approved by the Authority. privileges and emoluments equivalent to the rank of Undersecretary. or both.The TESDA Secretariat. Structural Organization and Personnel.

To provide policies. testing and integrating. monitoring and evaluating the different formal technical-vocational education and training programs vis-à-vis the approved national technical education and skills development plan. workers' associations and guilds and public institutions to serve as skills testing venues. National Institute for Technical Vocational and Education Training (NITVET) - 4. 4. Office of the Non-Formal Technical-Vocational Education and Training . 1. 1. and skills standardization. To lead in the preparation and periodic updating of a national plan for technical education and skills development which shall become the basis for resource allocation decisions within the sector. To design. field of the technical-vocational education and training. rules and regulations for effective and efficient certification system in the country. 2. testing and certification in the country. 3. and 5. under the office of the Deputy Director-General and shall have the following functions: 4. measures and guidelines for effective and efficient administration of formal technical-vocational education and training programs implemented by various institutions in the country. and 3. studies and develop information systems for effective and efficient planning and policy making within the sector. To perform such other duties and functions as may be authorized.The National Institute for Technical Vocational and Education Training to be 2. To serve as the research and development arm of the government in the 3. To develop and implement programs and projects aimed at building up planning capabilities of various institutions within the sector. Skills Standards and Certification Office (SSCO) . To develop and establish a national system of skills standardization. To establish and maintain a system for accrediting.The Office of Formal Technical Vocational Education and Training to be under the office of the Deputy Director-General and shall have the following functions: 1. Office of Formal Technical Vocational Education and Training (OFTVET) . To develop and implement an integrated program for continuing 5. To develop programs and project which will build up institutional capabilities within the sector. To establish and implement a system of accrediting private enterprises. 2. and the local government units actively participate in promoting skills standards. and 5. To establish and maintain a network of institutions engaged in institutionalized local technical-vocational education and training. particularly with government units. To conduct researchers. coordinating. To develop curricula and program standards for various technical4. To perform such other powers and functions as may be authorized. 3. vocational education and training areas. testing and certification. To conduct research and development on various occupational areas in order to recommend policies. 2. To perform such other powers and functions as may be authorized by the Authority. innovate and adopt processes and methodologies whereby industry groups and workers' guilds take note on progressively the responsibility of setting skills standards for identified occupational areas.The Skills Standards and Certification Office shall be under the office of the Deputy Director-General and shall have the following functions: development of trainors. To perform such other duties and functions as may be authorized. teachers and instructors within the technical education and skills development sector.

3. and private organizations for research work and publication in the field of technical education 1. Furthermore. 4. the Authority is hereby authorized to set aside a portion of its appropriation for the hiring of services of qualified consultants.cralaw SEC. policies and guidelines on the implementation of the apprenticeship system. Consultants and Technical Assistance. To establish and maintain a network of institutions including local government units. The Provincial TESDA Offices. jurisdictions. To review and recommend TESDA Programs for implementation within their 2.cralaw The Provincial TESDA Offices shall be under the direct control of the DirectorGeneral 4. Regional TESDA Offices . 16. To serve as Secretariat to Regional Technical Education Skills Development (TESDA) Committee. 4. 3.cralaw SEC. To perform such other duties and functions as may be authorized. coordinate. compensation and emoluments of the officials and employees of the Authority shall be in accordance with the salary standardization law and other applicable laws under the national compensation and classification plan. community-based non-government organizations implementing non-formal. coordinate. Office of Apprenticeship (OA) . To serve as Secretariat to Provincial TESDA Committees. To establish a network of institutions and enterprises conducting apprenticeship schemes and programs. monitor and evaluate various non-formal technicalvocational education and training programs implemented by various institutions particularly. projects and related activities in their respective 1. 1. The Director-General shall appoint such personnel necessary to carry out the objectives. . 15. To provide direction. .(ONFTVET) . Compliance with the Salaries Standardization Law. 17. Publication and Research . policies and functions of 4. monitor and evaluate all apprenticeship schemes and program implemented by various institutions and enterprises. To provide direction. To provide technical assistance particularly to local government units for effective supervisions. To develop and recommend TESDA programs for regional and local-level implementation within the policies set by the Authority. integration and monitoring of technicalvocational education and training programs within their localities. rules and regulations.The Office of the Non-Formal Technical-Vocational Education and Training to be under the office of the Deputy Director-General and shall have the following functions: 2. policies and guidelines for effective implementation of non-formal community-based technical-vocational education and training. 3. The Regional TESDA Offices shall be under the direct control of the Director-General and shall have the following functions: the Authority subject to civil service laws. and shall have the following functions: 3. To perform such other duties and functions as may be deemed necessary. coordination and integration of technical education and skills development programs.cralaw SEC. To perform such other powers and functions as may be authorized.The Office of Apprenticeship shall be under the office of the Deputy Director-General and shall have the following functions: 1. the TESDA Secretariat maybe further composed by such offices as may be deemed necessary by the Authority.The Regional TESDA Offices shall be headed by Regional Directors with the rank and emoluments of Director IV to be appointed by the President.In pursuing its objectives. . The localities. To accredit.The Provincial Offices shall be headed by Skill Development Officers who shall have the rank and emoluments of a Director III. by local government units. 2. coordination. and 2. To accredit. technical-vocational education and training. To perform such other powers and functions as may be authorized. To provide effective supervision.

development and utilization of skilled workers for employment entrepreneurship and technology development for economic and social growth. polytechnic colleges. This network shall include skills training centers in vocational and technical schools. 21. and the local government units to promote such trade testing activities in their respective areas in accordance with the guidelines to be set by the Authority. 18.The Authority shall design and administer training programs and schemes the will develop the capabilities of public and private institutions to provide quality and cost-effective technical education and skills development and related opportunities. it shall be the plan for the technical education and skills development for the entire country within the framework of the National Development Plan.The Authority shall establish Technical Education and Skills Development Committees at the regional and local levels to coordinate and monitor the delivery of all skills development activities by the public and private sectors.cralaw SEC.cralaw SEC. and all other duly accredited public and private dual system educational institutions. Accelerate the employment-generation effort of the government. . The Authority shall develop and implement a certification and accreditation program in which private industry groups and trade associations are accredited to conduct approved trade tests.The Authority shall strengthen the network of national. 23. The Authority shall evaluate the efficiency and effectiveness of agencies skills development program and schemes to make them conform with the quantitative and qualitative objectives of the national technical education and skills development plan. regional and local skills training centers for the purpose of promoting skills development.cralaw SEC. . It shall avail itself of the services of other agencies of the Government as may be required. 20.The Authority shall formulate a comprehensive development plan for middle-level manpower based on a national employment plan or policies for the optimum allocation. and value development as an integral component of all skills training programs. The budget to support such plans shall be subject to review and endorsement by the Authority to the Department of Budget and Management. All certificates relating to the national trade skills testing and certification system shall be issued by the Authority through the TESDA Secretariat. the private sector and the academe to assist in this effort. and Expand the range of opportunities for upward social mobility of the schoolgoing population beyond the traditional higher levels of formal education.cralaw SEC. These committees shall likewise serve as the Technical Education and Skills Development Committees of the Regional and local development councils. Thereafter. Skills Development Centers. Establishment and Administration of National Trade Skills Standards. The comprehensive plan shall provide for a reformed industry-based training program including apprenticeship. . Administration of Training Programs. The compositions of the Technical Education and Skills development Committees shall be determined by the Director-General subject to the guidelines to be promulgated by the Authority. Technical Education and Skills Development Committees. . Transfer of the Apprenticeship Program.and skills development. skills training for entrepreneur development and technology development. There shall be national occupational skills standards to be established by TESDA-accredited industry committees. Formulation of a Comprehensive Development Plan for Middle-Level Manpower.cralaw . The technical education and skills development centers shall be administered and operated under such rules and regulations as may be established by the Authority in accordance with the National Technical Education and Skills Development Plan. . Such training programs and schemes shall include teacher's trainors' training. dual training system and other similar schemes intended to: Promote maximum protection and welfare of the worker-trainee. The Authority shall direct the TESDA Secretariat to call on its member-agencies. Improve the quality and relevance and social accountability of technical education and skills development. This plan shall after adoption by the Authority be updated periodically and submitted to the President of the Philippines for approval. cost-effective training in occupational trades and related fields of employment. 22.The Apprenticeship Program of the Bureau of Local Employment of the Department of Labor and Employment shall be transferred to the Authority which shall implement and administer said program in accordance with existing laws. The Secretary of Labor and Employment shall determine the occupational trades for mandatory certification. All government and non-government agencies receiving financial and technical assistance from the government shall be required to formulate their respective annual agency technical education and skills development plan in line with the national technical education and skills development plan. 19. technical institutes.cralaw SEC.cralaw SEC. rules and regulations.

existing technical education and skills training programs in the Government and in the private sector.A TESDA Development Fund is hereby established. 30. . 27. endowments. thereof. Incentives Schemes. 26. SEC 32. Devolution of TESDA's Training Function to Local Governments.The Authority shall establish effective and efficient institutional arrangements with industry boards and such other bodies or associations to provide direct participation of employers and workers in the design and implementation of skills development schemes. and other bequests or gifts. necessary implementing guidelines for the management of the subject to the following: a) unless otherwise stipulated by the private donor. . local government units for upgrading their capabilities and to develop and implement training and training-related activities.cralaw SEC. the Authority. The Authority. Assistance to Employers and Organizations. For this purpose. . Scholarship Grants. only earnings of private contributions shall be used. an effective and timely retraining of TESDA personnel that .cralaw SEC. . trade skills standardization and certification and such other functions in the fulfillment of the Authority's objectives. Coordination of All Skills Training Schemes . Skills Olympics.cralaw SEC. subject to guidelines promulgated by the Board. with the active participation of private industries.The Authority shall design and implement an effective and efficient delivery system for quality technical education and skills development opportunities particularly in disadvantaged sectors. . and any other income generated by the Authority. 29. shall be reported to the Authority which shall assess and evaluate such programs to ensure their efficiency and effectiveness.The Authority shall assist any employer or organization engaged in skills training schemes designed to attain its objectives under rules and regulations which the Authority shall establish for this purpose. the amount of which should be part of the study on financing in conjunction with letter (D) of Section 34. opportunities.cralaw SEC. to be managed/administered by the Authority. with new tools of wealth creation and with the capability to take on higher value-added gainful activities and to share equitably in productivity gains. The Board shall appoint a reputable government-accredited investment institutions as fund manager.The Authority shall develop and administer appropriate provide high-quality technical education and skills incentive development schemes to encourage government and private industries and institutions to would be affected by the devolution to ensure their being retained if the concerned local government units would not be able to absorb them. 25. The contribution to the fund shall be the following: A one-time lump sum appropriation from the National Government. Industry Boards. grants. specifically those wholly or partly financed with government funds. shall organize and conduct annual National Skills Olympics. .In order to integrate the national skills development efforts. . . An annual contribution from the Overseas Workers Welfare Administration Fund. shall be used to underwrite expenses for administration. Donations.cralaw SEC. including earnings.To promote quality skills development in the country and with the view of participating in international skills competitions.The authority shall adopt a system of allocation development opportunities: Provided.cralaw SEC.In establishing the delivery system provided for in the preceding Section. the Authority shall formulate.cralaw SEC. all technical education and skills training schemes as provided for in this Act shall be coordinated with the Authority particularly those having to do with the setting of trade skills standards. through the TESDA Secretariat. . shall promulgate the necessary rules and guidelines for the effective and efficient conduct of Annual National Skills Olympics and for the country's participation in internationals skills olympics. That there shall be formulated and implemented. industries. 31. however. and b) no part of the seed capital of the fund. shall formulate the fund. implement and finance a specific plan to develop the capability of local government units to assume ultimately the responsibility for effectively providing community-based technical education and skills The TESDA Board shall be the administrator of the fund. The TESDA Development Fund. 28. Skills Development Opportunities.SEC. and as such. the income from which shall be utilized exclusively in awarding of grants and providing assistance to training institutions. 24.

Within (1) year after the organization of the Authority.The amount necessary to finance the initial implementation of this Act shall be charged against the existing appropriations of the NMYC and the BTVE. 122. .All laws. Culture and Sports. . based on its findings to the President shall review the performance of the Authority and shall make the recommendations. rules and regulations or part thereof contrary to or inconsistent with this Act are hereby repealed or modified accordingly.This Act shall take effect fifteen (15) days after its complete publication in two (2)newspapers of general circulation." . 442. Within (4) months after the appointment of the Director General. an independent review panel composed of three (3) persons appointed by the President shall review the performance of the authority and shall make recommendations.cralaw SEC. otherwise knownas the "Code of Conduct and Ethical Standards for Public Officials and Employees" and other existing administrative and/or criminal laws. 123. based on the findings to the President and to both Houses of Congress. Those personnel whose positions are not included in the new staffing pattern approved by the Board or who are not reappointed or who choose to be separated as a result of the reorganization shall be paid their separation or retirement benefits under existing laws. Implementing Rules and Guidelines. .cralaw Republic Act No. shall.cralaw Within (3) months after the appointment of the private sector representatives. as provided in Section 31. appoint the GeneralDirector. in consultation with the Secretary of Labor and Employment and the Secretary of Education. in a holdover capacity. upon the recommendation of the Board. the Board shall convene to determine the organizational structure and staffing pattern of the Authority. 37. Arts and Culture of both Houses of Congress copies of the implementing rules and guidelines within (30) days after its promulgation. No. 39. Any violation of this Section shall render the official/s concerned liable under R. respect and ensure the security of tenure and seniority rights affected government employees. AS AMENDED. TESDA Budget.cralaw SEC. 121. continue to perform their respective duties and responsibilities and receive their corresponding salaries and benefits until such time when the organizational structure and staffing pattern of the Authority shall have been approved by the Board: Provide. That the preparation and approval of the said new organizational structure and staffing pattern shall. as far as practicable.The TESDA board shall issue. 1989 AN ACT TO RATIONALIZE WAGE POLICY DETERMINATION BY ESTABLISHING THE MECHANISM AND PROPER STANDARDS THEREFOR. This Act shall be known as the "Wage Rationalization Act. The personnel of the existing National Manpower and Youth Council (NMYC) of the Department of Labor and Employment and the Bureau of Technical and Vocational Education (BTVE) of the Department of Education. within a period of ninety (90) days after the affectivity of this Act. presidential proclamations.cralaw SEC 34. the President shall. . A. Thereafter. AND INCORPORATING ARTICLES 120. Transitory Provisions. 38. Effectivity.cralaw SEC 33.and funding of SEC 35. . Separability Clause. 126 AND 127 INTO. the results of which shall be used as the basis for appropriate action by the Board. PRESIDENTIAL DECREE NO. Automatic review.If any provision of this Act is declared unconstitutional. after the affectivity of this Act. AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: Section 1. the Board shall commission an expert group on funding schemes for the TESDA Development Fund. Repealing Clause. 6727 June 9. 36.cralaw SEC. FIXING NEW WAGE RATES.a) Within two (2) months after the approval of this Act. the rules and regulations for the effective implementation of this Act. SEC. the same shall not affect the validity and effectivity of the other provisions hereof. The TESDA Board shall submit tot he committees on Education. such funds as may be necessary for the continued implementation of this Act shall be included in the annual General Appropriations Act. presidential decrees. 124. the President shall. Culture and Sports. AMENDING FOR THE PURPOSE ARTICLE 99 OF. scholarship grants which shall be responsive to the technical education and skills development needs of the different regions in the country. appoint the private sector representatives of the TESDA Board. OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES.Every five (5) years. PROVIDING WAGE INCENTIVES FOR INDUSTRIAL DISPERSAL TO THE COUNTRYSIDE. 6713. . executive orders. .

while the Deputy Directors shall have the same rank. Article 99 of Presidential Decree No. but not limited to. Powers and Functions of the Commission. labor costs. allowances and other benefits as those prescribed by . expansion and growth. incomes and productivity improvement at the enterprise. — The minimum wage rates for agricultural and non-agricultural employees and workers in each and every region of the country shall be those prescribed by the Regional Tripartite Wages and Productivity Boards. 442. Regional Minimum Wages. benefits and other emoluments as that of a Bureau Director. employment. and to allow business and industry reasonable returns on investment. is hereby amended and Articles 120. 121. — The Commission shall have the following powers and functions: "(a) To act as the national consultative and advisory body to the President of the Philippines and Congress on matters relating to wages. 121. including. — There is hereby created a National Wages and Productivity Commission. upon the recommendation of the Secretary of Labor and Employment. provincial or industry levels. "(d) To review regional wage levels set by the Regional Tripartite Wages and Productivity Boards to determine if these are in accordance with prescribed guidelines and national development plans. "The Executive Director shall have the same rank. a national tripartite conference of representatives of government. cost-of-living. "(g) To exercise technical and administrative supervision over the Regional Tripartite Wages and Productivity Boards. and who shall serve for a term of five (5) years. 123. researches and surveys necessary for the attainment of its functions and objectives. benefits and other emoluments as that of a Department Assistant Secretary. considering existing regional disparities in the cost of living and other socioeconomic factors and the national economic and social development plans. The members of the Commission representing labor and management shall have the same rank. "(b) To formulate policies and guidelines on wages. 126 and 127 are hereby incorporated into Presidential Decree No. and to collect and compile data and periodically disseminate information on wages and productivity and other related information. emoluments. "(f) To review plans and programs of the Regional Tripartite Wages and Productivity Boards to determine whether these are consistent with national development plans." "Art. "The Commission shall be composed of the Secretary of Labor and Employment as ex-officio chairman. the Director-General of the National Economic and Development Authority (NEDA) as ex-officio vicechairman. industry and national levels. salary. to read as follows: "Art. respectively." "Art. 442. to enhance employment generation in the countryside through industry dispersal. The State shall promote collective bargaining as the primary mode of settling wages and other terms and conditions of employment. "The Commission shall be assisted by a Secretariat to be headed by an Executive Director and two (2) Deputy Directors. Section 3. "(h) To call. investments and returns. the minimum wage rates shall be adjusted in a fair and equitable manner. 99. salary. as amended. Creation of the National Wages and Productivity Commission. "(e) To undertake studies. 124. as amended. It is hereby declared the policy of the State to rationalize the fixing of minimum wages and to promote productivity-improvement and gain-sharing measures to ensure a decent standard of living for the workers and their families. from time to time. and whenever necessary. 120. and two (2) members each from workers and employers sectors who shall be appointed by the President of the Philippines upon recommendation of the Secretary of Labor and Employment to be made on the basis of the list of nominees submitted by the workers and employers sectors. to guarantee the rights of labor to its just share in the fruits of production. and "(i) To exercise such powers and functions as may be necessary to implement this Act. In line with the declared policy under this Act. who shall be appointed by the President of the Philippines. The Executive Director of the Commission shall also be a member of the Commission. hereinafter referred to as the Commission. incomes and productivity. 122. which shall be attached to the Department of Labor and Employment (DOLE) for policy and program coordination. workers and employers for the consideration of measures to promote wage rationalization and productivity.Section 2. "(c) To prescribe rules and guidelines for the determination of appropriate minimum wage and productivity measures at the regional.

Creation of Regional Tripartite Wages and Productivity Boards . in the event such order is affirmed." "Art. "(b) To determine and fix minimum wage rates applicable in their region. "(b) Wage adjustment vis-a-vis the consumer price index. "Each Regional Board shall be composed of the Regional Director of the Department of Labor and Employment as chairman. "Art. "In the performance of its wage determining functions. "The filing of the appeal does not stay the order unless the person appealing such order shall file with the Commission an undertaking with a surety or sureties satisfactory to the Commission for the payment to the employees affected by the order of the corresponding increase. . incomes and productivity improvement for their respective regions. Wage Order. programs and projects of the Regional Boards referred to in the second paragraph. 122. consider the following: "(a) The demand for living wages. shall proceed to determine whether a Wage Order should be issued. Provided. "(d) To coordinate with the other Regional Boards as may be necessary to attain the policy and intention of this Code. Any such Wage Order shall take effect after fifteen (15) days from its complete publication in at least one (1) newspaper of general circulation in the region. "(e) To receive. 123. the Regional Board shall investigate and study all pertinent facts. the Regional Board shall. giving notices to employees' and employers' groups. "Any party aggrieved by the Wage Order issued by the Regional Board may appeal such order to the Commission within ten (10) calendar days from the publication of such order. "Art. incomes. Standards/Criteria for Minimum Wage Fixing. upon the recommendation of the Secretary of Labor and Employment. provincial. letter (a) of this Article. — Whenever conditions in the region so warrant. process and act on applications for exemption from prescribed wage rates as may be provided by law or any Wage Order.law for labor and management representatives in the Employees' Compensation Commission. That the Regional Boards shall have technical supervision over the regional office of the Department of Labor and Employment with respect to the implementation of said plans. the Regional Directors of the National Economic and Development Authority and the Department of Trade and Industry as vice-chairmen and two (2) members each from workers and employers sectors who shall be appointed by the President of the Philippines. Implementation of the plans. the Regional Board shall conduct public hearings/consultations. The Commission shall determine the offices/headquarters of the respective Regional Boards. city and municipal officials and other interested parties. efficiency and general wellbeing of the employees within the framework of the national economic and social development program. — The regional minimum wages to be established by the Regional Board shall be as nearly adequate as is economically feasible to maintain the minimum standards of living necessary for the health. in all regions. programs and projects. among other relevant factors. and "(f) To exercise such other powers and functions as may be necessary to carry out their mandate under this Code. — There is hereby created Regional Tripartite Wages and Productivity Boards. subject to guidelines issued by the Commission. and based on the standards and criteria herein prescribed. and to collect and compile data on wages. respectively. "The Regional Boards shall have the following powers and functions in their respective territorial jurisdiction: "(a) To develop plans. "Each Regional Board to be headed by its chairman shall be assisted by a Secretariat. In the determination of such regional minimum wages. however. objectives and programs. "(c) To undertake studies. hereinafter referred to as Regional Boards. programs and projects relative to wages. productivity and other related information and periodically disseminate the same. and who shall serve for a term of five (5) years. shall be through the respective regional offices of the Department of Labor and Employment within their territorial jurisdiction. provinces or industries therein and to issue the corresponding wage orders. researches and surveys necessary for the attainment of their functions. 124. It shall be mandatory for the Commission to decide such appeal within sixty (60) calendar days from the filing thereof. to be made on the basis of the list of nominees submitted by the workers and employers sectors. including autonomous regions as may be established by law.

"(e) The need to induce industries to invest in the countryside. — No preliminary or permanent injunction or temporary restraining order may be issued by any court. 127. "(h) Fair return of the capital invested and capacity to pay of employers. except that workers and employees in plantation agricultural enterprises outside of the National Capital Region (NCR) with an annual gross sales of less than five million pesos (P5. — No Wage Order issued by any Regional Board shall provide for wage rates lower than the statutory minimum wage rates prescribed by Congress. or a proportion thereof for working less than eight (8) hours. company. "(g) The prevailing wage levels. These wages shall include wages varying within industries. length of service." Section 4. partnership or any other entity engaged in business shall file and register annually with the appropriate Regional Board. a wage distortion shall mean a situation where an increase in prescribed wage rates results in the elimination or severe contraction of intentional quantitative differences in wage or salary rates between and among employee groups in an establishment as to effectively obliterate the distinctions embodied in such wage structure based on skills. "Where the application of any prescribed wage increase by virtue of law or Wage order issued by any Regional Board results in distortions of the wage structure within an establishment. the statutory minimum wage rates of all workers and employees in the private sector. "In cases where there are no collective agreements or recognized labor unions." "Art.000.00) and employing not more than twenty (20) employees. Non-diminution of Benefits. "The wages prescribed in accordance with the provisions of this Title shall be the standard prevailing minimum wages in every region. including learners. specifying the names of their workers and employees below the managerial level. "(f) Improvements in standards of living. and "(j) The equitable distribution of income and wealth along the imperatives of economic and social development. shall be increased by twenty-five pesos (P25. shall receive not less than the prescribed wage rates per eight (8) hours work a day. the employer and the union shall negotiate to correct the distortions. pakyaw or task basis. "Any person. non-plantation agricultural enterprises. Prohibition Against Injunction." "Art.000. through voluntary arbitration. tribunal or other entity against any proceedings before the Commission or the Regional Boards. Any dispute arising from wage distortions shall be resolved through the grievance procedure under their collective bargaining agreement and. whether agricultural or nonagricultural.00). Unless otherwise agreed by the parties in writing. "All workers paid by result. if it remains unresolved. and business enterprises with a capitalization of not more than five hundred thousand pesos (P500. the employers and workers shall endeavor to correct such distortions. (a) Upon the effectivity of this Act. which . and except further that workers and employees of cottage/handicraft industries. including those who are paid on piecework. shall be referred to the appropriate branch of the National Labor Relations Commission (NLRC). Commission and the National Statistics Office an itemized listing of their labor component. or other logical bases of differentiation. "(d) The needs of workers and their families.000. apprentices and disabled/handicapped workers who were hired under the terms prescribed in the employment contracts. "(i) Effects on employment generation and family income. "As used herein. 126. Any dispute arising therefrom shall be settled through the National Conciliation and Mediation Board and."(c) The cost of living and changes or increases therein. retail/service establishments regularly employing not more than ten (10) workers. corporation. such dispute shall be decided by the voluntary arbitrator or panel of voluntary arbitrators within ten (10) calendar days from the time said dispute was referred to voluntary arbitration.00) in the preceding year shall be paid an increase of twenty pesos (P20.00) per day. "All recognized learnership and apprenticeship agreements shall be considered automatically modified insofar as their wage clauses are concerned to reflect the prescribed wage rates. if it remains unresolved after ten (10) calendar days of conciliation. provinces or localities if in the judgment of the Regional Board conditions make such local differentiation proper and necessary to effectuate the purpose of this Title. It shall be mandatory for the NLRC to conduct continuous hearings and decide the dispute within twenty (20) calendar days from the time said dispute is submitted for compulsory arbitration. takay. and their corresponding salaries and wages. "The pendency of a dispute arising from a wage distortion shall not in any way delay the applicability of any increase in prescribed wage rates pursuant to the provisions of law or Wage Order.

businesses. however. shall be exempt from the applicability of this Act for not more than three (3) years from the start of their operations: Provided. provided that. the prescribed increases in the wage rates of the workers shall be borne by the principals or clients of the construction/service contractors and the contract shall be deemed amended accordingly. savings or rural bank shall pay the wages and other benefits of their employees through any of said banks and within the period of payment of wages fixed by Presidential Decree No. Occidental Mindoro. except that the workers and employees mentioned in the first exception clause of this Section shall also be paid only an increase of twenty pesos (P20. Section 6. new business enterprises that may be established outside the NCR and export processing zones whose operation or investments need initial assistance as may be determined by the Department of Labor and Employment in consultation with the Department of Trade and Industry or the Department of Agriculture. that the principal or client fails to pay the prescribed wage rates. Marinduque. In the event that applications for exemptions are not granted. action on any complaint for alleged non-compliance with this Act shall be deferred pending resolution of the application for exemption by the appropriate Regional Board. Whenever an application for exemption has been duly filed with the appropriate Regional Board. Within a period of four (4) years from the effectivity of this Act and without prejudice to collective bargaining negotiations or agreements or other employment contracts between employers and workers. on the basis of its determination pursuant to Article 124 of the Labor Code such increases are necessary. all private establishments. Oriental Mindoro. the construction/service contractor shall be jointly and severally liable with his principal or client. . Section 7. otherwise known as the Labor Code of the Philippines. Quezon and Aurora.00) shall also receive an increase of twenty-five pesos (P25.00): Provided.00): Provided. and except further that those employees enumerated in the second exception clause of this Section shall also be paid an increase of fifteen pesos (P15. Section 8. In the case of contracts for construction projects and for security. Section 5. employees shall receive the appropriate compensation due them as provided for by this Act plus interest of one per cent (1%) per month retroactive to the effectivity of this Act. The pendency of a dispute arising from a wage distortion shall not in any way delay the applicability of the increase in the wage rates prescribed under this Section. Whenever applicable and upon request of a concerned worker or union. where such increases are less than the prescribed increases in the wage rates under this Act. the same shall be finally resolved through compulsory arbitration by the regional branches of the National Labor Relations Commission (NLRC) having jurisdiction over the workplace. Retail/service establishments regularly employing not more than ten (10) workers may be exempted from the applicability of this Act upon application with and as determined by the appropriate Regional Board in accordance with the applicable rules and regulations issued by the Commission. Where the application of the increases in the wage rates under this Section results in distortions as defined under existing laws in the wage structure within an establishment and gives rise to a dispute therein. which shall enjoy such exemption for not more than three (3) years from the start of their operations.are located or operating outside the NCR. Otherwise. as amended. all increases in the daily basic wage rates granted by the employers three (3) months before the effectivity of this Act shall be credited as compliance with the increases in the wage rates prescribed herein. as the case may be. merit wage increases and those resulting from the regularization or promotion of employees.00). and other entities with twenty five (25) or more employees and located within one (1) kilometer radius to a commercial. the bank shall issue a certification of the record of payment of wages of a particular worker or workers for a particular payroll period.00) prescribed under this Section shall apply to all workers and employees entitled to the same in private educational institutions as soon as they have increased or are granted authority to increase their tuition fees during school year 1989-1990. Romblon. (b) The increase of twenty-five pesos (P25. including family drivers.00) per day. further. Such increases shall not include anniversary wage increases. (c) Exempted from the provisions of this Act are household or domestic helpers and persons employed in the personal service of another. shall be paid only an increase of fifteen pesos (P15. (d) If expressly provided for and agreed upon in the collective bargaining agreements. Upon written permission of the majority of the employees or workers concerned. the employer shall pay the difference. such dispute shall first be settled voluntarily between the parties and in the event of a deadlock. In the event. janitorial and similar services. It shall be mandatory for the NLRC to conduct continuous hearings and decide any dispute arising under this Section within twenty (20) calendar days from the time said dispute is formally submitted to it for arbitration. That those already receiving above the minimum wage rates up to one hundred pesos (P100. That the appropriate Regional Board is hereby authorized to grant additional increases to the workers and employees mentioned in the exception clauses of this Section if. companies. 442. except those established in the Provinces of Palawan. That such new business enterprises established in Region III (Central Luzon) and Region IV (Southern Tagalog) shall be exempt from such increases only for two (2) years from the start of their operations. such increase shall be so applicable not later than the opening of the next school year beginning 1990.

the president. Section 12. production.00) and/or imprisonment of not less than one (1) year nor more than two (2) years: Provided. If the violation is committed by a corporation. Nothing in this Act shall be construed to reduce any existing wage rates. trust or firm. and/or under any contract or agreement between the workers and the employers. but not limited to. equipment. 614 and the National Productivity Commission created under Executive Order No. d) "Agriculture" refers to farming in all its branches and among others. managing director or partner. All personnel of the above abolished offices shall continue to function in a holdover capacity and shall be preferentially considered for appointments to or placement in the Commission. Section 11. or the application thereof to any person or circumstance. 6727. as well as other matters pending therein. That any person convicted under this Act shall not be entitled to the benefits provided for under the Probations Law. the Contingent Fund. Any person. thereof. 6688. rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed. is held invalid or unconstitutional. at the option of the employee. Any official or employee separated from the service as a result of the abolition of office pursuant to this Act shall be entitled to appropriate separation pay and retirement and other benefits accruing to them under existing laws. the remainder of this Act or the application of such provision or part thereof to other persons or circumstances shall not be affected thereby. 1989 RULES IMPLEMENTING REPUBLIC ACT NO. instrumentalities. including. decrees. shall be transferred to the Commission. partnership. That the funding requirements necessary to implement this Act shall be included in the annual General Appropriations Act for the succeeding years. The National Wages Council created under Executive Order No. facilities. All properties. corporation. orders. growing and harvesting of any agricultural or horticultural commodities. 6727 Pursuant to the authority granted to the Secretary of Labor and Employment under Section 13 of Republic Act No. Section 14. trust. partnership. In lieu. the penalty of imprisonment shall be imposed on the entity's responsible officers. general manager. executive orders. whichever comes earlier. and other assets. association or any other entity. Al laws. otherwise known as the Wage Rationalization Act. Section 10. The Department of Labor and Employment shall conduct inspections as often as possible within its manpower constraint of the payroll and other financial records kept by the company or business to determine whether the workers are paid the prescribed minimum wage rates and other benefits granted by law or any Wage Order. dairying. the following rules are hereby issued for guidance and compliance by all concerned: Definition of Terms. or agencies. establishments or businesses.000. b) "Commission" means the National Wages and Productivity Commission. amended or modified accordingly. In non-unionized companies. the inspection should be carried out in the presence of a worker representing the workers in the said company. In unionized companies. The funds necessary to carry out the provisions of this Act shall be taken from the Compensation and Organizational Adjustment Fund. including government-owned or controlled corporations and their subsidiaries. records. allowances and benefits of any form under existing laws. cultivation.Section 9. issuances. issuances. 615 are hereby abolished. vicepresident. If any provision or part of this Act. Section 13. This Act take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) national newspapers of general circulation. he shall be preferentially considered for employment in the government or in any of its subdivisions. association or entity which refuses or fails to pay any of the prescribed increases or adjustments in the wage rates made in accordance with this Act shall be punished by a fine not exceeding twenty five thousand pesos (P25. The Secretary of Labor and Employment shall promulgate the necessary rules and regulations to implement the provisions of this Act. firm. otherwise known as the General Appropriations Act of 1989. c) "Board" means the Regional Tripartite Wages and Productivity Board. the culture of fish and other aquatic products in farms or ponds. and any activities performed by a . chief executive officer. Approved: June 9. buildings. As used in this Rules — a) "Act" means Republic Act No. includes the cultivation and tillage of the soil. 6727. liabilities and appropriations of and belonging to the abovementioned offices. Section 15. raising of livestock or poultry. the Department of Labor and Employment inspectors shall always be accompanied by the president or any responsible officer of the recognized bargaining unit or of any interested union in the conduct of the inspection. or from any unappropriated funds of the National Treasury: Provided. and other savings under the Republic Act No. The workers' representative shall have the right to submit his own findings to the Department of Labor and Employment and to testify on the same if he cannot concur with the findings of the labor inspector.

— The Act takes effect on July 1. Chapter 1 of this Rules. Pasay and Quezon and the municipalities of Las Piñas. f) "Retail Establishment" is one principally engaged in the sale of goods to end-users for personal or household use. for a period fixed by the Commission/Boards in accordance with Section 4 (c) of the Act and Section 15. Tagaytay and Trece Martires. c) Workers and employees in new business enterprises outside the National Capital Region and export processing zones for a period of not more than two or three years. Laguna. Pampanga. i) "National Capital Region" covers the cities of Kalookan. Olongapo. Mandaluyong. San Pablo. Navotas. 1989. aquatic or other farm products. g) "Service Establishment" is one principally engaged in the sale of service to individuals for their own or household use and is generally recognized as such. Malabon.000. designation or status. Palawan. Rizal and Romblon and the cities of Batangas. a) Household or domestic helpers. Occidental Mindoro. h) "Cottage/Handicraft Establishment" is one engaged in an economic endeavor in which the products are primarily done in the home or such other places for profit which requires manual dexterity and craftmanship and whose capitalization does not exceed P500. premium payments. Section 2. Makati. length of service. or other logical bases of differentiation. Pasig. q) "Capitalization" means paid-up capital. b) Workers and employees in retail/service establishments regularly employing not more than 10 workers. pineapple. d) Workers and employees receiving a basic wage of more than P100. — The wage increase prescribed under the Act shall apply to all workers and employees in the private sector regardless of their position. Cabanatuan. p) "Wage Distortion" means a situation where an increase in prescribed wage rates results in the elimination or severe contraction of intentional quantitative differences in wage or salary rates between and among employee groups in an establishment as to effectively obliterate the distinctions embodied in such wage structure based on skills.farmer or on a farm as an incident to or in conjunction with such farming operations. Amount of Minimum Wage Increase. Muntinlupa. Section 3. in the case of a corporation. Manila. and Zambales and the cities of Angeles. n) "Basic Wage" means all remuneration or earnings paid by an employer to a worker for services rendered on normal working days and hours but does not include cost-of-living allowances. in the case of a partnership or single proprietorship. when exempted from compliance with the Act. Batangas. except. Puerto Princesa. Effectivity. k) "Region IV" covers the provinces of Aurora. including family drivers and workers in the personal service of another. profit sharing payments. l) "Department" refers to the Department of Labor and Employment. Parañaque. regardless of previous registration with the defunct NACIDA. Cavite. and total invested capital. m) "Secretary" means the Secretary of Labor and Employment. Marikina. 15 days following its complete publication in two newspapers of general circulation on June 15. Oriental Mindoro. Tarlac. Quezon. the daily statutory minimum wage rates of covered workers and employees shall be increased as follows: . Chapter 1 of this Rules.00 per day. CHAPTER I Wage Increase SECTION 1. and irrespective of the method by which their wages are paid. j) "Region III" covers the provinces of Bataan. 1989. coconut. 13th month pay or other monetary benefits which are not considered as part of or integrated into the regular salary of the workers on the date the Act became effective. Palayan and San Jose. Lucena. Bulacan. but does not include the manufacturing and/or processing of sugar. Cavite. Marinduque. Lipa. San Juan. Pateros. from the start of operations when exempted in accordance with Section 5 of the Act and Section 15. tobacco. e) "Plantation Agricultural Enterprise" is one engaged in agriculture with an area of more than 24 hectares in a locality or which employs at least 20 workers. Nueva Ecija. 1989 pursuant to Section 15 thereof. Any other agricultural enterprise shall be considered as "Non-Plantation Agricultural Enterprise". o) "Statutory Minimum Wage" is the lowest wage rate fixed by law that an employer can pay his workers. Taguig and Valenzuela. — Effective July 1. as the case may be. Coverage. abaca.

1989. 4.00 79. prior to July 1. prior to July 1. (iii) P2.00 Employing not more than 30 workers 50. They may.00 Non-Plantation 43. Business enterprises with a capitalization of not more than P500.00 for those in plantation agricultural enterprises with an annual gross sales of less than P5 million in the fiscal year immediately preceding the effectivity of the Act. Cottage/handicraft 3. Section 4. 1989 ) A. were receiving a basic wage of more than P100.50 Cottage/Handicraft Employing more than 30 workers 52. Daily Statutory Minimum Wage Rates. receive wage increases through the correction of wage distortions in accordance with Section 16.183.00 for those in the following enterprises: 1.00 85. — a) All workers and employees who.00 89. (iv) P2.a) P25. special days and regular holidays. 14.041. 1987) July 1.00 . Section 5.257.00 Employing not more than 10 workers 43.00 89. special days and regular holidays. were already receiving a basic wage above the statutory minimum wage rates provided under Republic Act 6640 but not over P100.00 68.616.00 for those outside the National Capital Region.00 Employing 11 to 15 workers 60.000 and employing not more than 20 workers. When Wage Increase Due Other Workers. Retail/Service regularly employing not more than 10 workers.67 — where the workers and employees do not work and are not considered paid on Sundays or rest days. (ii) P3. however.00 With bed capacity or 100 or less 60. — P15.00 Private hospitals With bed capacity of more than 100 64.00 P89.33 — where the workers and employees do not work and are not considered paid on Saturdays and Sundays or rest days.00 Agriculture Plantation 54. NATIONAL CAPITAL REGION Non-Agriculture P64.50 68. Non-plantation agriculture 2.00 77. b) Those receiving not more than the following monthly wage rates prior to July 1.00 for those in the National Capital Region. — The daily statutory minimum wage rates of workers and employees shall be as follows: Under RA 6640 Under RA 6727 Sector/Industry (Effective (Effective Dec. c) Workers and employees who.50 — where the workers and employees work everyday.00 per day or its monthly equivalent. except for the following: — P20. b) P25. 1989 shall be deemed covered by the preceding subsection: (i) P3.00 per day shall receive a wage increase equivalent to that provided in the preceding Section. are not by law entitled to the wage increase provided under the Act. including premium payments for Sundays or rest days.00 75.00 Retail/Service Employing more than 15 workers 64.00 85. 1989.67 — where the workers and employees do not work but considered paid on rest days. Chapter 1 of this Rules.

— Without prejudice to existing company practices.00 Agriculture Plantation Products Other than Sugar 54.50 Non-plantation 43.00 79.00 Municipalities and Cities w/ population of not more than 150.00 Employing not more than 10 workers 43.00 85.50 73.50 68.00 91.00 75.00 Employing 11 to 15 workers 60.50 Business Enterprises with Capitalization of not more than P500.000 and employing not more than 20 workers Non-Agriculture 64.00 79.000 Employing more than 15 workers 64.00 Section 6.00 65.00 Retail/Service Cities w/ population of more than P150.00 58.B.000 Employing more than 15 workers 64. the following formula may be used as guides in determining the equivalent monthly statutory minimum wage rates: . Suggested Formula in Determining the Equivalent Monthly Statutory Minimum Wage Rates.00 Private Hospitals 60.50 Plantation with annual gross sales of less than P5M 48.00 Employing not more than 10 workers 43. OUTSIDE NATIONAL CAPITAL REGION Non-agriculture 64.00 Municipalities and Cities with population not more than 150.00 Sugar 48.00 58.00 Agriculture Plantation with annual gross sales of P5M or more 48.00 85.000 Employing more than 10 workers 60.00 89.00 Employing not more than 30 workers 50.50 58.00 89.00 69.00 Non-Plantation 43.50 Cottage/Handicraft Employing more than 30 workers 52.000 Employing more than 10 workers 60.50 Private Hospitals 60.00 75.00 79.00 85.00 Retail/Service Cities w/ population of more than 150.50 58. agreements or policies.00 67.00 Sugar Mills 66.00 Agriculture Plantation with annual gross sales of P5M or more 54.00 75.00 74.00 Plantation with annual gross sales less than P5M 54.50 63.00 Employing 11 to 15 workers 60.

that the principal or client fails to pay the prescribed wage rates. or task basis. however. merit wage increase. the number of rest days is 52 days. Where the wage increase granted is less than the prescribed increase under the Act. and those resulting from the regularization or promotion of employees shall not be credited as compliance thereto. — Private educational institutions which increased tuition fees beginning school year 1989- . — Wages of apprentices. the construction/service contractor shall be jointly and severally liable with his principal or client. — In the case of contracts for construction projects and for security. as there are 52 weeks in a year. Section 12. For workers whose rest days do not fall on Sundays. Credible Wage Increase. 3) Existing rate/piece + increase in rate/piece = Adjusted rate/piece.90 days ————————— Rate (EMR) 12 Where 390. Application to Private Educational Institutions. the number of rest days in a year is reduced from 52 to 51 days. Section 9. a) All workers paid by results. said holiday. — a) No wage increase shall be credited as compliance with the increases prescribed under the Act unless expressly provided under collective bargaining agreements. In the event. such wage increase was granted not earlier than April 1. Basis of Minimum Wage Rates. special days and regular holidays: Equivalent Applicable daily wage rate b) Anniversary wage increase provided in collective agreements. 1989. b) The wage rates of workers who are paid by results shall continue to be established in accordance with Article 101 of the Labor Code.90 days — Total equivalent number of days. Section 11. 1989 shall be considered as automatically modified insofar as their wage clauses are concerned to reflect the increases prescribed under the Act. Note: For workers whose rest days fall on Sundays. or a proportion thereof for work of less than the normal working hours. shall receive not less than the applicable statutory minimum wage rates prescribed under the Act for the normal working hours which shall not exceed eight hours work a day.30 days — 51 rest days x 130% 2. 1989 but not later than July 1. including those who are paid on piecework. Nothing herein shall be construed as authorizing the reduction of benefits granted under existing agreements or employer practices/policies.a) For those who are required to work everyday including Sundays or rest days.90 days = 302 days — Ordinary working days 20 days — 10 regular holidays x 200% 66. although still a rest day for them. pakyaw.60 days — 2 special days x 130% 390. Application to Contractors. Workers Paid by Results. takay. learners and handicapped workers shall in no case be less than 75 percent of the applicable statutory minimum wage rates. 2) Existing rate/piece x % increase = increase in rate/piece. is included in the ten regular holidays. janitorial and similar services. — The statutory minimum wage rates prescribed under the Act shall be for the normal working hours. Section 10. as amended and its implementing regulations. Section 7. which shall not exceed eight hours of work a day. All recognized learnership and apprenticeship agreements entered into before July 1. *Where AMW is the applicable minimum wage rate. Section 8. the prescribed wage increases shall be borne by the principals or clients of the construction/service contractors and the contract shall be deemed amended accordingly. — Monthly = (ADR) x 390. For purposes of computation. The adjusted minimum wage rates for workers paid by results shall be computed in accordance with the following steps: 1) Amount of increase in AMW* — Previous AMW x 100 = % increase. and. the employer shall pay the difference. Wages of Special Groups of Workers. the last Sunday of August being a regular holiday under Executive Order No. 203.

00 per day wage increase prescribed under the Act effective as follows: a) In cases where the tuition fee increase was effected before the effectivity of the Act. which may also be exempted for not more than three years from the start of operations. Section 13. — Complaints for noncompliance with the wage increases prescribed under the Act shall be filed with the Regional Offices of the Department having jurisdiction over the workplace and shall be the subject of enforcement proceedings under Articles 128 and 129 of the Labor Code. Section 14. such dispute shall first be settled voluntarily between the parties. shall be those applicable in the domicile or head office of the employer. whose operation or investments need initial assistance may be exempted for not more than three years from the start of operations. Quezon and Aurora. Complaints for Non-Compliance. — Where the application of the wage increase prescribed herein results in distortions in the wage structure within an establishment which gives rise to a dispute therein. the workers and employees shall receive the appropriate compensation due them as provided for under the Act plus interest of one percent per month retroactive to July 1. Effects on Existing Wage Structure. 1989. — The Department shall conduct inspections of establishments. The pendency of a dispute arising from a wage distortion shall not in any way delay the applicability of the increases in the wage rates prescribed under the Act. — The transfer of personnel to areas outside the National Capital Region shall not be a valid ground for the reduction workers transferred to the National Capital Region shall be entitled to the minimum wage rate applicable therein. b) Whenever an application for exemption has been duly filed with the appropriate office in the Department/Board. . such wage increase may not be made retroactive to July 1. Romblon. as often as necessary. 1989 to June 30. 1989. Conduct of Inspection by the Department. Beginning school year 1990-1991. Section 17. the wage increase shall take effect on July 1. as amended. Any issue involving wage distortion shall not be a ground for a strike/lockout. who by the nature of their work have to travel. such dispute shall be finally resolved through compulsory arbitration by the regional arbitration branch of the National Labor Relations Commission (NLRC) having jurisdiction over the workplace. c) In the event that the application for exemption is not granted. The minimum wage rates of workers working in branches or agencies of establishments in or outside the National Capital Region shall be those applicable in the place where they are stationed. b) In cases where the tuition fee increase was effected on or after the effectivity of the Act. action by the Regional Office of the Department on any complaint for alleged non-compliance with the Act shall be deferred pending resolution of the application for exemption. — a) The following establishments may be exempted from compliance with the wage increase prescribed under the Act: 1) Retail/Service establishments regularly employing not more than 10 workers upon application with and as determined by the appropriate Board in accordance with applicable guidelines to be issued by the Commission. 1993. Mobile and Branch Workers. except those that may be established in the provinces of Palawan. the wage increase shall take effect not later than the date the school actually increased tuition fees but in the latter case. 2) New business enterprises that may be established outside the National Capital Region and export processing zones from July 1. to determine whether the workers are paid the prescribed wage rates and other benefits granted by law or any Wage Order. Exemptions. 1989 or the start of operations whichever is applicable. all schools shall implement the wage increase regardless of whether or not they have actually increased tuition fees. In the event of a deadlock. Transfer of Personnel. In the case of non-unionized establishments. New business enterprises in Region III (Central Luzon) and Region IV (Southern Tagalog) may be exempted for two years only from start of operations. Department inspectors shall always be accompanied by the president or other responsible officer of the recognized bargaining unit or of any interested union. Occidental Mindoro. Marinduque.1990 shall comply with the P250. Section 15. a worker representing the workers in the said company shall accompany the inspector. Oriental Mindoro. In the conduct of inspection in unionized companies. Section 18. Section 16. subject to guidelines to be issued by the Secretary in consultation with the Department of Trade and Industry and the Department of Agriculture. The NLRC shall conduct continuous hearings and decide any dispute arising from wage distortions within twenty calendar days from the time said dispute is formally submitted to it for arbitration. — The statutory minimum wage rates of workers.

Powers and Functions of the Boards. The recommendees shall be selected from the list of nominees submitted by the workers and employers sectors. — The Boards shall have the following powers and functions: . the Director General of the National Economic and Development Authority (NEDA) as ex-officio ViceChairman and two members each from workers and employers sectors who shall be appointed by the President for a term of five years upon recommendation of the Secretary. Section 2. investments and returns. Section 4. h) To call. shall pay the wages and other benefits of their workers through any of said banks within the period and in the manner and form prescribed under the Labor Code as amended. workers and employers for the consideration of measures to promote wage rationalization and productivity. labor costs. The members of the Commission representing labor and management shall have the same rank. but not limited to. Payment of Wages. and i) To exercise such powers and functions as may be necessary to implement this Act. The Executive Director shall have the rank of a Department Assistant Secretary. while the Deputy Directors that of a Bureau Director shall receive the corresponding salary. industry and national levels. Commission. a national tripartite conference of representatives of government. — Whenever applicable and upon request of a concerned worker or union. f) To review plans and programs of the Regional Tripartite Wages and Productivity Boards to determine whether these are consistent with national development plans. savings or rural bank. — Upon written petition of the majority of the workers and employees concerned. incomes and productivity. including. c) To prescribe rules and guidelines for the determination of appropriate minimum wage and productivity measures at the regional. from time to time. b) To formulate policies and guidelines on wages. researches and surveys necessary for the attainment of its functions and objectives. emoluments. all private establishments. Section 6. businesses and other entities with at least twenty-five workers and located within one kilometer radius to a commercial. who shall be appointed by the President upon recommendation of the Secretary. — The National Wages and Productivity Commission created under the Act shall hold office in the National Capital Region. Section 19. employment. including autonomous regions as may be established by law. Composition of the Commission. and to collect and complete data and periodically disseminate information on wages and productivity and other related information. Section 5. Section 3. — The Commission shall be assisted by a Secretariat to be headed by an Executive Director and two Deputy Directors. shall hold offices in areas where the Regional Offices of the Department are located. — The Commission shall have the following powers and functions: a) To act as the national consultative and advisory body to the President of the Philippines and Congress on matters relating to wages. — The Regional Wages and Productivity Boards created under the Act in all regions. g) To exercise technical and administrative supervision over the Regional Tripartite Wages and Productivity Boards. incomes and productivity improvement at the enterprise. The Commission shall be attached to the Department for policy and program coordination. Duty of Bank. allowances and other benefits as those prescribed by law for labor and management representatives in the Employees Compensation Commission. Regional Tripartite Wages and Productivity Boards. e) To undertake studies. d) To review regional wage levels set by the Regional Tripartite Wages and Productivity Boards to determine if these are in accordance with prescribed guidelines and national development plans. The Executive Director of the Commission Secretariat shall also be a member of the Commission. Powers and Functions of the Commission. the bank through which wages and other benefits are paid shall issue a certification of the record of payment of said wages and benefits of a particular worker or workers for a particular payroll period. CHAPTER II The National Wages and Productivity Commission and Regional Tripartite Wages and Productivity Boards SECTION 1. benefits and other emoluments of the positions. Section 20.The workers' representative shall have the right to submit his own findings to the Department and to testify on the same if he does not concur with the findings of the labor inspector. cost-of-living. Commission Secretariat. provincial or industry levels. companies. — The Commission shall be composed of the Secretary as ex-officio Chairman.

efficiency and general well-being of the workers within the framework of the national. Section 7. The recommendees shall be selected from the lists of nominees submitted by the workers and employers sectors. In the determination of regional minimum wages. d) The needs of workers and their families. Composition of the Boards. In the performance of its wage determining functions. provinces or industries therein and to issue the corresponding wage orders. based on standards and criteria prescribed herein. b) Wage adjustment vis-a-vis the consumer price index. — Whenever conditions in the region so warrant. provided. that the Boards shall have technical supervision over the Regional Office of the Department with respect to the implementation of these plans. CHAPTER III Minimum Wage Determination SECTION 1. province or locality as may be deemed necessary by the Boards. Section 4. programs and projects. rules and regulations. shall. objectives and programs. programs and projects relative to wages. i) Effects on employment generation and family income. however. — The Chairman of the Commission shall organize such units and appoint the necessary personnel of the Commission and Board Secretariats. Section 2. — The minimum wage rates for agricultural and non-agricultural workers and employees in every region shall be those prescribed by the Boards which shall in no case be lower than the statutory minimum wage rates. subject to pertinent laws. process and act on applications for exemption from prescribed wage rates as may be provided by law or any Wage Order. and to collect and compile data on wages. h) Fair return of the capital invested and capacity to pay of employers. economic. Each Board shall be assisted by a Secretariat. productivity and other related information and periodically disseminate the same. g) The prevailing wage levels. city and municipal officials and other interested parties. incomes. e) The need to induce industries to invest in the countryside. and. researches. Implementation of the plans. the Board shall investigate and study all pertinent facts. d) To coordinate with the other Boards as may be necessary to attain the policy and intention of the Labor Code. f) Improvements in standards of living. among other relevant factors. consider the following: a) The demand for living wages. and f) To exercise such other powers and functions as may be necessary to carry out their mandate under the Labor Code. Regional Minimum Wages. Section 8. Wage Order. and j) The equitable distribution of income and wealth along the imperatives of economic and social development. the Regional Directors of the National Economic and Development Authority (NEDA) and Department of Trade and Industry (DTI) as Vice-Chairmen and two members each of workers and employers sectors who shall be appointed by the President for a term of five years upon the recommendation of the Secretary. — Each Board shall be composed of the Regional Director of the Department as Chairman. shall determine whether a Wage Order should be issued. the Boards. subject to guidelines issued by the Commission. Effectivity of Wage Order. e) To receive. Authority to Organize and Appoint Personnel. Section 3. provincial. . b) To determine and fix minimum wage rates applicable in their region. and social development programs. the Board shall conduct public hearings and consultations giving notices to employees' and employers' groups. and surveys necessary for the attainment of their functions. incomes and productivity improvements for their respective regions. — The regional minimum wages to be established by the Boards shall be as nearly adequate as is economically feasible to maintain the minimum standards of living necessary for the health.a) To develop plans. c) The cost of living and changes or increases therein. These wage rates may include wages by industry. c) To undertake studies. programs and projects of the Boards shall be through the respective Regional Offices of the Department. Standards/Criteria for Minimum Wage Fixing. — Any Wage Order issued by the Boards shall take effect 15 days after its complete publication in at least one newspaper of general circulation in the region.

Section 5. Appeal to the Commission. — Any party aggrieved by the Wage Order issued by the Board may file an appeal with the Commission within ten calendar days from the publication of the Order. The Commission shall decide the appeal within sixty calendar days from the date of filing. Section 6. Effect of Appeal. — The filing of the appeal shall not suspend the effectivity of the Wage Order unless the person appealing such order files with the Commission an undertaking with a surety or sureties in such amount as may be fixed by the Commission. Section 7. Wage Distortions. — Where the application of any wage increase resulting from a Wage Order issued by any Board results in distortions in the wage structure within an establishment, the employer and the union shall negotiate to correct the distortions using the grievance procedure under the collective bargaining agreement. If it remains unresolved, it shall be decided through voluntary arbitration within ten calendar days from the time the dispute was referred for voluntary arbitration, unless otherwise agreed by the parties in writing. Where there are no collective agreements or recognized labor unions, the employer and workers shall endeavor to correct the wage distortion. Any dispute arising therefrom shall be settled through the National Conciliation and Mediation Board and if it remains unresolved after ten calendar days of conciliation, it shall be referred to the appropriate branch of the National Labor Relations Commission (NLRC). The NLRC shall conduct continuous hearings and decide the dispute within twenty calendar days from the time said dispute is submitted for compulsory arbitration. The pendency of a dispute arising from a wage distortion shall not in any way delay the applicability of any wage increase prescribed pursuant to the provisions of law or Wage Order. Section 8. Non-Diminution of Benefits. — Nothing in the Act and in this Rules shall be construed to reduce any existing wage rates, allowances and benefits of any form under existing laws, decrees, issuances, executive orders and/or under any contract or agreement between the workers and employers. Section 9. Prohibition Against Injunction. — No preliminary or permanent injunction or temporary restraining order may be issued by any court, tribunal or other entity against any proceedings before the Commission or Boards. Section 10. Penal Provisions. — Any person, corporation, trust, firm, partnership, association or entity which refuses or fails to pay any of the prescribed increases or adjustments in the wage rates, made in accordance with the Act shall be punished by a fine not exceeding P25,000 and/or imprisonment of not less than one year nor more than two years: Provided, that any person convicted under the Act shall not be entitled to the benefits provided for under the Probation Law.

If the violation is committed by a corporation, trust or firm, partnership, association or any other entity, the penalty of imprisonment shall be imposed upon the entity's responsible officers, including, but not limited to, the president, vice-president, chief executive officer, general manager, managing director or partner. Section 11. Registration/Reporting Requirement. — Any person, company, corporation, partnership or any other entity engaged in business shall submit annually a verified itemized listing of their labor component to the appropriate Board and the National Statistics Office not later than January 31 of each year, starting on January 31, 1990 in accordance with the form to be prescribed by the Commission. The listing shall specify the names, salaries and wages of their workers and employees below the managerial level including learners, apprentices and disabled/handicapped workers. CHAPTER IV Transitory Provisions SECTION 1. Abolition of the National Wages Council and the National Productivity Commission. — The National Wages Council created under Executive Order No. 614 and the National Productivity Commission created under Executive Order No. 615 are abolished. All properties, records, equipment, buildings, facilities, and other assets, liabilities and appropriations of and belonging to the abovementioned offices, as well as other matters pending therein, shall be transferred to the Commission. All personnel of the aboveabolished offices shall continue to function in a hold-over capacity and shall be preferentially considered for appointments to or placements in the Commission/ Boards. Any official or employee separated from the service as a result of the abolition of offices pursuant to the Act shall be entitled to appropriate separation pay of one month salary for every year of service and/or retirement and other benefits accruing to them under existing laws. In lieu thereof, at the option of the employee, he shall be preferentially considered for employment in the government or in any of its subdivisions, instrumentalities, or agencies, including government-owned or controlled corporations and their subsidiaries. Section 2. Interim Processing of Applications for Exemption and Submission of Reports. — Pending the operationalization of the Commission and Boards, the National Wages Council shall, in the interim, receive and process applications for exemption subject to guidelines to be issued by the Secretary in accordance with Section 11 of the Act. Reports of establishments on their labor component, including wages and salaries of their workers prescribed under the Act, shall be submitted to the National Wages Council through the Regional Offices of the Department.

Section 3. Funding Requirement. — The funds necessary to carry out problem-solving the and abilities; manipulative competencies which meet occupational standards an provisions of the Act shall be taken from the Compensation and Organizational values and attitudes with emphasis on work ethics, quality orientation, discipline, honesty, s Adjustment Fund, the Contingent Fund, and other savings under Republic Act patriotism; No. 6688, otherwise known as the General Appropriations Act of 1989, or from any unappropriated funds of the National Treasury; Provided that the d) funding strengthen training cooperation between agricultural, industrial and business establishments requirements necessary to implement the Act shall be included in the Annual institutions by designing and implementing relevant training programs in close coordination with General Appropriations Act for the succeeding years. government

Section 4. Repealing Clause. — All laws, orders, issuances, rulesSECTION and 4. Definition of Terms. — For purposes of this Act, the following terms regulations or parts thereof inconsistent with the provisions of the Act and this Rules are hereby repealed, amended or modified accordingly. If any or a)provision "Appropriate Authority" refers to the government entity in-charge of formal technical and voca part of the Act and this Rules, or the application thereof to any person or training. circumstance shall not be affected thereby. b) "Dual Training System" refers to an instructional delivery system of technical and vocationa training that combines in-plant training and in-school training based on a training plan collaborative Section 5. Effectivity. — This Rules shall take effect on July 1, 1989. implemented by an accredited dual system educational institution/training center and accredit agricultural, Done in the City of Manila, Republic of the Philippines this 7th day of July 1989. industrial and business establishments with prior notice and advice to the local concerned. Under this system, said establishments and the educational institution share the providing the trainee with the best possible job qualifications, the former essentially through pract Approved: June 9, 1989 the latter by securing an adequate level of specific, general and occupation-related theoretical instru "dual" refers to the two parties providing instruction: the concept "system" means that the two instr REPUBLIC ACT NO. 7686 not operate independently of one another, but rather coordinate

c) "Trainee" refersIN to a person qualified to undergo the dual training system for the purpose o C ACT NO. 7686 - AN ACT TO STRENGTHEN MANPOWER EDUCATION AND TRAINING THE job ES BY INSTITUTIONALIZING THE DUAL TRAINING SYSTEM AS AN developing INSTRUCTIONAL DELIVERY F TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING, PROVIDING THE MECHANISM, d) "Accredited Dual Training System Educational Institution/Training Center" refers to a public or p APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES duly recognized and authorized by the appropriate authority, in coordination with the business participate in the dual training

e) "Establishments" refer to enterprises and/or services of agricultural, industrial, or business Short title. — This Act shall be known as the "Dual Training System Act of 1994."

f) "Accredited Dual Training System Agricultural, Industrial and Business Establishments" hereinaf claration of Policy. — It is hereby declared the policy of the State to strengthen industrial manpowerand education agricultural, business establishments, refer to a sole proprietorship, partnership he country so that the latter may be assured of an ever growing supply of an educated and skilled cooperative which is duly recognized and authorized by the appropriate authority to participate in ped with appropriate skills and desirable work habits and attitudes. The Dual Training System, as system educational ed in some highly developed countries, shall be adopted in duly accredited vocational and technical eration with accredited agricultural, industrial and business establishments, as Institutionalization one of the preferred SECTION 5. of the Dual Training System. — The dual training system, hereafter r ng a dependable pool of well-trained operators, craftsmen and technicians for theinstitutionalized economy. System, is hereby in the Philippines in accordance with the provisions Objectives. — This Act shall have

the following objectives: SECTION 6. Coverage. — This Act shall apply to all public and private educational institutions/trai agricultural, industrial and business establishments duly accredited to participate in dual tr ncreasing utilization of the dual system in technical and vocational education and training by both private schools within the context of the existing education system; SECTION 7. Planning and Coordination. — The appropriate authority shall plan, set standards, coo and allocate resources in support of the implementation of ncreasing levels of investment in technical and vocational education and training by both public and sectors specially in the Every accredited rural areas; educational institution/training center shall establish an industrial coordinating o

supervise the in-plant training: provided, that, the industrial establishment shall be required employability and productivity of graduates by equipping them with analytical and creative thinking educational institution with the necessary information for the purpose of

ordinating office shall be headed by an industrial coordinator with,SECTION at least, an 11. officer Obligations level rank. of the TheTrainee. — A trainee shall exert every effort to acquire the abilitie nator may be assisted by such other personnel as may be necessary necessary for the effective for him discharge to achieve of the purpose of his training. Towards this en functions of the office. a) carefully perform the jobs entrusted to him as part of atus of Trainee. — For the duration of the training under the System, the trainee is to be considered of the business/industrial establishment but rather a trainee of both b) the take Accredited part in Dual training Training programs for which he has been granted time-off un nal Institution and the agricultural, industrial and business establishments: provided, that, the union ers of the latter have been duly informed in advance c) follow ofthe such instruction agreement. given to him as part of his training by the training officer or any other p give him such as successfully completed a training program in a particular agricultural, industrial or business hall be given priority of employment in that agricultural, industrial d)or business observe establishment. rules The of behavior in the training ority shall keep a roll of these successful trainees for purposes of identifying them for employment. e) use tools, instruments, machines, and other equipment with centives for Participating Establishments. — To encourage agricultural, industrial and business o participate in the System, they shall be allowed to deduct from their f) not taxable reveal income any business the amount norof trade secrets that have come to his knowledge in the course of h %) of the actual system expenses paid to the Accredited Dual Training System Educational Institution ment's trainees: provided, that such expenses shall not exceed five g) percent (5%) of their keep total direct his record books s but in no case to exceed Twenty-five million pesos (P25,000,000) a year. SECTION 12. Obligations of the Accredited Educational Institutions/ Training Centers. — he operation of the System shall be deductible from the taxable institutions/training income of centers the donors. that have entered into a memorandum of agreement with agricultu business establishments to undertake training of Finance shall issue the necessary rules and regulations for the purpose of tax incentives provided a) design, implement, and evaluate jointly the training plan with the accredited general, coordinators trainee and to his occupation-related supervise daily the theoretical

Obligations of Accredited Agricultural, Industrial and Business Establishments. b) provide — The agricultural, specific, and business establishments shall: c) appoint industrial the necessary abilities and knowledge for the trainee to achieve the purpose of his training are and shall provide such training systematically in accordance d) with an approval pay training plan; the the training officer to

in-plan

allowance

nt

implement e) the perform training such other plan; tasks and activities as may be necessary and in the objectives of the ble, free of charge, the consumable materials and basic hand tools and equipment necessary for his SECTION 13. Non-diminution of Incentives. — Nothing in this Act shall be construed to diminis privilege already enjoyed by the parties concerned under existing laws, decrees, or ex e trainee to attend his in-school training and to sit for his examinations; SECTION 14. Signing of Memorandum of Agreements by the Accredited Dual Training Syst the trainee to keep his report book up-to-date Industrial and inspect and Business such Establishments, books; the Accredited Dual Training System Educational Institution and the Trainee. — Before an individual establishment begins with an accredited education institutio he trainee is encouraged to develop his personality and that he isand protected the trainee from physical or his or representative, moral the individual establishment shall provide the accred institution/training center and the trainee with a copy of the signed shall set forth, among training and objective of the others,

he trainee such jobs as are related to the purpose of his training The and are memorandum commensurate with of his agreement

th

a) the e accredited educational institution/training center the daily allowance of the trainee; and b) the nature the trainee the necessary time-off for his in-school training.

and SECTION 21. 6713. Appropriations. bequest. — All laws. the Section 2. prior Congress : h the business and industry concerned. industrial and business establishments shall pay for the premiums of said Republic Act No. — If for any reason any provision of this Act is dec unconstitutional. Clause.000. ther Exemption from Taxes and Duties. . charged and 12. The statutory minimum wage rates of workers and employees in the of these items shall be subject to the following qualifications: private sector.000) in Sections shall 10. business Effectivity. AN ACT PROVIDING FOR AN INCREASE IN THE WAGE OF PUBLIC OR the Accredited Dual GOVERNMENT SECTOR EMPLOYEES ON A DAILY WAGE BASIS AND IN revolving fund. shall issue the necessary rules and regulations for assembled: the entation of this Act within a period of ninety (90) days after its effectivity.00) per day. evolving Fund. which in no case shall startsection. rule or regulation to the contrary notwithstanding.00) shall receive an increase of ten pesos (P10. the agricultural. subsidy. including the total number of in-school and in-plant Provided. shall be increased by ten (P10. Section 8 of this Act. that taxes hours. however. except non-agricultural workers and employees outside the importation shall be certified by the appropriate pesos authority. that. industrial SECTION and 22. be 11. Repealing Clause. — The appropriate authority and the Department of Finance. and at reasonable prices. that. daily wage basis shall receive an increase in the sum of ten pesos (P10. 6640 December 10. — Every agricultural. decrees. otherwise known as the "Code of Section Conduct 1.00) per day: provided. Metro Manila who shall receive an increase of eleven pesos (P11. orders. al Internal Revenue Code. ould be actually. in accordance with the provisions of this Act. Any violation of this der the concerned officials/liable under R. SECTION 19. e trainee with the insured and the spouse. directly. and duties pertaining to the importations of accredited government a educational institutions are deemed automatically the normal daily training hours. — Any law. — Any donation. re not available locally in sufficient quantity of comparable quality. apparatus and materials imported by raining private educational institutions shall be exempt from taxes and duties: provided.00) a day.00) per day. sums as may be necessary for its continued implementation. essential monitoring as her particulars the SECTION training 20. conditions for the termination and would mutually of performance. are hereby repealed or modified nsurance Coverage of the Trainee. Separability agreement. Educational Institution/Training Center is hereby authorized to retain as a t by the agricultural. whether agricultural or non-agricultural. — For this initial implementation of this Act. rules and regulations or parts thereof benefit this all parties Act concerned. Excepted due thereon. shall sign a life two and/or (2) newspapers accident insurance of general policy circulation. 1987 policy.A. or financial e made for the operation of the System shall constitute as allowable deduction from the of of Budget and Management shall promulgate such rules and Theincome department ncome tax purposes and shall be exempt from donor's tax. establishment — This act shall take effect after completion of its publication in the Offic ing. and from the provisions of this Act are domestic helpers and persons employed in the personal service of another. Essential equipment. the rest shall not be affected evaluation system.and All workers and employees in the public or government sector on a s for Public Officials and Employees" and other existing administrative and/or criminal laws. as amended. against the current year's appropriation of the contingency fund. and exclusively used in connection with the dual training system and that anythose already receiving above the minimum wage up to one hundred pesos e shall subject the accredited dual training private educational institutions to payment of taxes and (P100.ncement and duration of the training period. below seventy-five percent (75%) plicable minimum daily wage for days spent in the establishments. contribution. No. children or parents of the trainee as the beneficiaries d. The Department of Finance shall formulate the necessary rules and regulations to implement the p allowance and the rate to be applied. industrial and business establishments representing the fund shall be used to improve the operation of the dual Beupon it enacted by the Senate and House of Representatives of the Philippines in mplementing Rules. the THE STATUTORY MINIMUM WAGE AND SALARY RATES OF EMPLOYEES actual dual training AND WORKERS IN THE PRIVATE SECTOR AND FOR OTHER PURPOSES training system. an amount of On nd obligations of the parties concerned in addition to those provided (P1. shall be included in the annual Genera nition of the status of the trainee according to Act. subject to such conditions as provided regulations to carry out the salary adjustment under this section.

It shall be mandatory for the NLRC to conduct continuous hearings and decide any dispute arising under this section within thirty (30) days from the time said dispute is formally submitted to it for arbitration. such dispute shall be finally resolved through compulsory arbitration by the National Labor Relations Commission's arbitration branch having jurisdiction over the workplace. and/or under any contract or agreement between workers and employers. Section 7. issuances. All recognized learnership and apprenticeship agreements entered into before the effective date of this Act shall be considered as automatically modified insofar as their wage clauses are concerned to reflect the increase provided in this Act. takay. or the application thereof to any person or circumstance. Section 8. Approved: December 10. managing director or partner. the president. All laws. or other logical basis of differentiation. the remainder of this Act or the application of such provision or part thereof to other persons or circumstances. 87. that the corresponding amount for the increase therein will be included in the annual General Appropriations Act for the succeeding years. including those who are paid on piecework. Section 9.00). For the purpose of this Act. shall not be affected thereby. This Act shall take effect the day following its publication in two (2) national newspapers of general circulation. If the violation is committed by a corporation.000. issuances. and other savings under Executive Order No. that the subsidiary liability shall not apply to construction of family homes worth not more than two hundred thousand pesos (P200. but not limited to. security guards. A handicapped worker is one whose efficiency or quality of work is impaired by his disability in relation to the work performed. general manager. such dispute shall first be settled voluntarily between the parties and in the event of a deadlock. rules and regulations or part thereof inconsistent with the provisions of this Act are hereby repealed or amended accordingly.00) and/or imprisonment for not less than one (1) year nor more than two (2) years: provided. action by the Regional Office of the Department on any complaint for alleged non-compliance with this Act shall be deferred pending resolution of the application for exemption by the Council. The wage increase under Section 1 hereof shall be funded from the Compensation and Organizational Adjustment Fund. The pendency of a dispute arising from a wage distortion shall not in any way delay the applicability of the wage increase covered by this Act. executive orders. vice-president. or a proportion thereof for working less than eight (8) hours. Section 12. trust or firm. Section 13. and others similarly situated: provided. shall receive not less than the applicable statutory minimum wage prescribed herein per eight (8) hours work a day. Section 6. or from any unappropriated funds of the National Treasury.000. 1987. length of service. Any person. Section 11. employees shall receive the appropriate compensation due them as provided for by this law plus interest of one percent (1%) per month retroactive to the effectivity of this law. association or entity violating this Act shall be punished by a fine not exceeding twenty-five thousand pesos (P25. Any deficiency shall be charged against the personal services savings of the National Government: provided. Section 10. In the event that applications for exemption are not granted. apprentices and handicapped workers shall be entitled to not less than seventy-five percent (75%) of the applicable adjusted minimum wage. pakyaw or task basis. the Contingent Fund. Section 4. otherwise known as the General Appropriations Act for Fiscal Year 1987. further. firm. chief executive officer. orders. Section 5. that any person convicted under this Act shall not be entitled to the benefits provided for under the Probation Law. Nothing in this Act shall be construed to reduce any existing allowances and benefits of any form under existing laws. grant him exemption from compliance with the provisions of this Act. upon application by an employer in the retail business regularly employing not more than ten (10) workers. janitorial and similar services. including. however. Learners. All workers paid by result. as held invalid or unconstitutional. Where the application of the minimum wage increase prescribed under Section 2 results in distortions in the wage structure within an establishment which gives rise to a dispute therein. In this case of contracts for construction projects and for security. corporation. the penalty of imprisonment shall be imposed upon the entity's responsible officers. association or any other entity.f any provision or part of this Act. decrees. The Department of Labor and Employment may. Whenever an application for exemption has been duly filed with the National Wages Council. trust. The Secretary of Labor and Employment shall promulgate the necessary rules and regulations to implement this Act.Section 3. that the principal or client of the construction and service contractor shall be subsidiarily liable: provided. partnership. . partnership. wage distortion shall mean a situation where a legislated increase in minimum wages results in the elimination or severe contraction on intentional quantitative differences in wage or salary rates between and among employee groups in an establishment as to effectively obliterate the distinctions embodied in such wage structure based on skills. janitors. the increase in the minimum wage of the workers shall be borne by the employers of the construction workers.

Declaration of Policy — The grant of the rights and privileges for disabled persons shall be guided by the following principles:chanroblesvirtualawlibrary (a) Disabled persons are part of Philippine society. community and all government and nongovernment organizations. The State shall exert all efforts to remove all social. 2. TITLE I GENERAL PROVISIONS CHAPTER I BASIC PRINCIPLE Section 1. chan robles virtual law library (d) The State also recognizes the role of the private sector in promoting the welfare of disabled persons and shall encourage partnership in programs AN ACT PROVIDING FOR THE REHABILITATION. these terms are defined as follows:chanroblesvirtualawlibrary (a) Disabled persons are those suffering from restriction or different Sec. to the extent herein provided. Sec. 7277 (c) The rehabilitation of the disabled persons shall be the concern of the Government in order to foster their capacity to attain a more meaningful. physiological or anatomical function of an individual or activities of such individual. (c) Disability shall mean 1) a physical or mental impairment that substantially limits one or more psychological. cultural. the State shall adopt policies ensuring the rehabilitation. 3. REPUBLIC ACT NO. as a result of a mental. abilities. — This Act shall cover all disabled persons and. that will ensure full participation of different sectors as supported by national and local government agencies. SELF-DEVELOPMENT AND SELF-RELIANCE OF DISABLED PERSONS AND THEIR INTEGRATION INTO THE MAINSTREAM OF SOCIETY AND FOR OTHER PURPOSES. SELF-DEVELOPMENT AND SELF-RELIANCE OF DISABLED PERSONS AND THEIR INTEGRATION INTO THE MAINSTREAM OF SOCIETY AND FOR OTHER PURPOSES. 4.Republic Act No. 2) a record of such an impairment. They should be able to live freely and as independently as possible. — For purposes of this Act. or anatomical structure or function. This must be the concern of everyone — the family. chan robles virtual law library (b) Impairment is any loss. environmental and attitudinal barriers that are prejudicial to disabled persons. Definition of Terms. Title. (e) To facilitate integration of disabled persons into the mainstream of society. physical or sensory impairment. offices and agencies of the National Government or nongovernment organizations involved in the attainment of the objectives of this Act. economic. the rehabilitation services and benefits shall be expanded beyond the traditional urban-based centers to community based programs. Coverage." that address their needs and concerns. To reach out to a greater number of disabled persons. thus the State shall give full support to the improvement of the total well-being of disabled persons and their integration into the mainstream of society. productive and satisfying life. — This Act shall be known and cited as the "Magna Carta for chan robles virtual law library Disabled Persons. 7277 "Magna Carta for Disabled Persons" AN ACT PROVIDING FOR THE REHABILITATION. the State shall advocate for and encourage respect for disabled persons. diminution or aberration of psychological. Toward this end. to perform an activity in the manner or within the range considered normal for a human being. physiological. chan robles virtual law library (b) Disabled persons have the same rights as other people to take their proper place in society. departments.chanrobles virtual law library Sec. It shall develop their skills and potentials to enable them to compete favorably for available opportunities. Disabled persons' rights must never be perceived as welfare services by the Government. self-development and self-reliance of disabled persons. or 3) being regarded as having such an impairment. chan robles virtual law library .

(3) the overall financial resources of the covered entity with respect to the number of its employees. economic. or society which limit the fullest possible participation of disabled persons in the life of the group. labor organization or joint-labor management committee. this description shall be considered evidence of the essential functions of the job. (3) acquisition or modification of equipment or devices. (e) Rehabilitation is an integrated approach to physical. cultural. community. the number of persons employed at such facility. chan robles virtual law library (2) qualified readers. Social barriers include negative attitudes which tend to single out and exclude disabled persons and which distort roles and inter-personal relationships. the effect on expenses and resources. chan robles virtual law library (o) Covered Entity means an employer. (k) Marginalized Disabled Persons refer to disabled persons who lack access to rehabilitative services and opportunities to be able to participate fully in socioeconomic activities and who have no means of livelihood and whose incomes fall below the poverty threshold. acquisition or modification of equipment or devices. chan robles virtual law library (i) Sheltered Employment refers to the provision of productive work for disabled persons through workshops providing special facilities. chan robles virtual law library (2) the overall financial resources of the facility or facilities involved in the action. and chan robles virtual law library (4) other similar services and actions or all types of aids and services that facilitate the learning process of people with mental disability. the number. type and location of its facilities. (n) Public Transportation means transportation by air.(d) Handicap refers to a disadvantage for a given individual. factors to be considered include — (1) the nature and cost of the action. and 2) modification of work schedules. recreational or other. training materials or company policies. and other similar accommodations for disabled persons. educational and vocational measures that create conditions for the individual to attain the highest possible level of functional ability. or other effective methods of delivering materials to individuals with visual impairments. that is considered normal given the age and sex of the individual. transportation. reassignment to a vacant position. trade. appropriate adjustments or modifications of examinations. commerce. chan robles virtual law library (l) Qualified Individual with a Disability shall mean an individual with a disability who. structure and functions of the work force of such entity. (m) Readily Achievable means a goal can be easily attained and carried out without much difficulty or expense. However. and if an employer has prepared a written description before advertising or interviewing applicants for the job. (g) Auxiliary Aids and Services include: (1) qualified interpreters or other effective methods of delivering materials to individuals with hearing impairments. land and sea that provides the public with general or special service on a regular and continuing basis. and chan robles virtual law library (4) the type of operation or operations of the covered entity. administrative or fiscal relationship of the facility or facilities in question to the covered entity. traffic. whether legal. employment agency. rules and regulations. . incomeproducing projects or homework schemes with a view to giving them the opportunity to earn a living thus enabling them to acquire a working capacity required in open industry. including the composition. cultural. social. and (p) Commerce shall be taken to mean as travel. In determining whether an action is readily achievable. the provision of auxiliary aids and services. with or without reasonable accommodations. or communication among the provinces or between any foreign country or any territory or possession and any province. that limits or prevents the function or activity. (f) Social Barriers refer to the characteristics of institutions. taped tests. or the impact otherwise of such action upon the operation of the facility. consideration shall be given to the employer's judgment as to what functions of a job are essential. (j) Auxiliary Social Services are the supportive activities in the delivery of social services to the marginalized sectors of society. the geographic separateness. (h) Reasonable Accommodation include 1) improvement of existing facilities used by employees in order to render these readily accessible to and usable by disabled persons. can perform the essential functions of the employment position that such individual holds or desires. any human group. resulting from an impairment or a disability. spiritual.

Vocational Rehabilitation. 9. incentives or allowances as a qualified able bodied person. — Consistent with the principle of equal opportunity for disabled workers and workers in general. from their gross income. Vocational Guidance and Counseling. it shall promote cooperation and coordination between the government and nongovernmental organizations and other private entities engaged in vocational rehabilitation activities.cralaw The State shall also take measures to ensure the provision of vocational rehabilitation and livelihood services for disabled persons in the rural areas. This Section. adequate incentives shall be provided to private entities which employ disabled persons. fringe benefits. — Subject to the provisions of the Labor Code as amended. 5. The Department of Social Welfare and Development shall design and implement training programs that will provide disabled persons with vocational skills to enable them to engage in livelihood activities or obtain gainful employment. skills and qualifications. — (a) To encourage the active participation of the private sector in promoting the welfare of disabled persons and to ensure gainful employment for qualified disabled persons. Provided. Apprenticeship. however. disabled persons shall be eligible as apprentices or learners: Provided. Incentives for Employers. — No disable person shall be denied access to opportunities for suitable employment. it shall accord due regard to the individual qualities. That after the lapse of the period of apprenticeship. — The Department of Social and Welfare and Development. equivalent to twenty-five percent (25%) of the total amount paid as salaries and wages to disabled persons: Provided. It shall ensure the availability and training of counselors and other suitably qualified staff responsible for . further. 10. they shall be eligible for employment. Culture persons. That such entities present proof as certified by the Department of Labor and Employment that disabled persons are under their employ: Provided.cralaw Sec. retain and advance in employment. does not apply to improvements or modifications of facilities required under Batas Pambansa Bilang 344. shall implement measures providing and evaluating vocational guidance and counseling to enable disabled persons to secure. chan robles virtual law library Five percent (5%) of all casual emergency and contractual positions in the Departments of Social Welfare and Development. Sec. privileges. vocational goals and inclinations to ensure a good working atmosphere and efficient production. That the disabled employee is accredited with the Department of Labor and Employment and the Department of Health as to his disability. 6. Education. benefits. apprentice or learner. however. That their handicap is not as much as to effectively impede the performance of job operations in the particular occupation for which they are hired. In addition.TITLE II RIGHTS AND PRIVILEGES OF DISABLED PERSONS CHAPTER I EMPLOYMENT Sec. Sheltered Employment — If suitable employment for disabled persons cannot be found through open employment as provided in the immediately preceding Section.cralaw Sec. Equal Opportunity for Employment. offices or corporations engaged in social development shall be reserved for disabled shall be entitled to an additional deduction. the State shall endeavor to provide it by means of sheltered employment. and other government agencies. equivalent to fifty percent (50%) of the direct costs of the improvements or modifications. In the placement of disabled persons in sheltered employment. A qualified disabled employee shall be subject to the same terms and conditions of employment and the same compensation. Health. and Sports. (c) Private entities that improve or modify their physical facilities in order to provide reasonable accommodation for disabled persons shall also be entitled to an additional deduction from their net taxable income. the State shall take appropriate vocational rehabilitation measures that shall serve to develop the skills and potentials of disabled persons and enable them to compete favorably for available productive and remunerative employment opportunities in the labor market. The Department of Labor and Employment shall likewise design and conduct training programs geared towards providing disabled persons with skills for livelihood. if found satisfactory in the job performance.cralaw Sec. further. 7. chan robles virtual law library Sec. 8. either as regular employee.cralaw (b) Private entities that employ disabled persons who meet the required skills or qualifications.

the State University or State College in each region or province shall be responsible for (a) the development of material appliances and technical aids for disabled persons. and other incentives to qualified disabled students in both public and private schools. 12. Vocational or Technical and Other Training Programs. — The State shall provide disabled persons with training in civics. It shall provide adequate resources for non-formal education programs and projects that cater to the special needs of disabled persons. It shall be unlawful for any learning institution to deny a disabled person admission to any course it offers by reason of handicap or disability. and multi-handicapped and others. — The Department of Labor and Employment shall in coordination with the Department of Social Welfare and Development (DSWD) and National Council for the Welfare of the Disabled Persons (NCWDP) shall promulgate the rules and regulations necessary to implement the provisions under this Chapter. 17.cralaw The National Government shall allocate funds necessary for the effective implementation of the special education program nationwide. Culture and Sports shall establish in at least one governmentowned vocational and technical school in every province a special vocational and technical training program for disabled persons.cralaw Sec. speech-impaired. and the elimination of social barriers and discrimination against disabled persons. Local government units may likewise appropriate counterpart funds to supplement national funds.cralaw The National Government shall provide these state universities and colleges with necessary special facilities for visually-impaired. and other skills.the vocational guidance and counseling of disabled persons. hearing-impaired. Sec. speech-impaired. State Universities and Colleges. sports and physical fitness. The Department of Education.cralaw CHAPTER II EDUCATION Sec. and (d) inclusion of the Special Education for Disabled (SPED) course in the curriculum. class schedules. It shall develop and implement sports and physical fitness programs specifically designed for disabled persons taking into consideration the nature of their handicap. hearing impaired. particularly of the visually-impaired. It shall take appropriate steps to make such education accessible to all disabled persons. 6725 shall be set aside for disabled students pursuing vocational or technical and degree courses. vocational efficiency. special education classes in public schools in cities. — The State shall establish. It shall likewise allocate the necessary funds in support of the above. cities or municipalities. — The State shall ensure that disabled persons are provided with access to quality education and ample opportunities to develop their skills. and orthopedically-impaired students. (b) the development of training materials for vocational rehabilitation and special education instructions. It shall also establish. Toward this end. the Department of Education. and orthopedically-impaired students. Special Education. Non-Formal Education. 16. student loan programs. 13. mentally retarded persons and other types of exceptional children in all regions of the country. (c) the research on special problems. Such assistance may be in the form of scholarship grants.A. — The State shall provide financial assistance to economically marginalized but deserving disabled students pursuing post secondary or tertiary education. — If viable and needed. hearingimpaired. Assistance to Disabled Students. At least five percent (5%) of the allocation for the Private Education Student Financial Assistance Program created by virtue of R. It shall encourage learning institutions to take into account the special needs of disabled persons with respect to the use of school facilities. 14. mentally retarded. 11. maintain and support complete. and other pertinent consideration. where viable. 15. adequate and integrated system of special education for the visually impaired. physical education requirements.chanrobles virtual law library The State shall take into consideration the special requirements of disabled persons in the formulation of educational policies and programs. — The State shall develop non-formal education programs intended for the total human development of disabled persons. Access to Quality Education. Implementing Rules and Regulations. subsidies.chanrobles virtual law library The State shall also promote the provision by learning institutions. especially higher learning institutions of auxiliary services that will facilitate the learning process for disabled persons. or municipalities.chan robles virtual law library Sec. Braille and Record Libraries in provinces. . chan robles virtual law library Sec.cralaw Sec. Sec. Culture and Sports shall establish.

the Department of Social Welfare and Development shall develop and implement programs on auxiliary social services that respond to the needs of marginalized disabled persons. the following: (a) prevention of disability through immunization. 18.cralaw The National Government shall provide an integrated health service for disabled persons which shall include. It shall further ensure that its field health units have the necessary Sec. — The State shall ensure that coordination with the National Council for the Welfare of Disabled Persons. and shall include in its annual appropriation the necessary funds for the operation of such centers. shall institute a national health program which shall aim to attain the following:chanroblesvirtualawlibrary (a) prevention of disability. CHAPTER V TELECOMMUNICATIONS chan robles virtual law library . when viable. chan robles virtual law library The Department of Health shall formulate and implement a program to enable marginalized disabled persons to avail of free rehabilitation services in government hospitals. abused and unattached disabled persons who need custodial care. to municipal health centers. Sec.CHAPTER III HEALTH Sec. — The Department of Health in capabilities to fit prosthetic and orthotic appliances on disabled persons. — Television stations shall be encouraged to provide a sign—language inset or subtitles in at least one (1) newscast (a) assistance in the acquisition of prosthetic devices and medical intervention of specialty services. and (g) provision of day care services for disabled children of pre-school age. Towards this end. and genetic counseling. (d) provision of family care services geared towards developing the capability of families to respond to the needs of the disabled members of the family.chanrobles virtual law library CHAPTER IV AUXILIARY SOCIAL SERVICES Sec. 21. 22. orientation and mobility and strengthening daily living capability. — The State shall protect and promote the right to health of disabled persons and shall adopt an integrated and comprehensive approach to their health development which shall make essential health services available to them at affordable cost. 20. Rehabilitation Centers. whether occurring prenatally or postnatally. and early detection of disability and timely intervention to arrest disabling condition. chan robles virtual law library (b) recognition and early diagnosis of disability. chan robles virtual law library (b) provision of specialized training activities designed to improve functional limitations of disabled persons related to communication skills. and (c) early rehabilitation of the disabled. Auxiliary Social Services. environmental protection and preservation. but not limited to. Broadcast Media. neglected. Health Services. Sec. chan robles virtual law library (f) provision of after care and follow-up services for the continued rehabilitation in a community-based setting of disabled persons who were released from residential care or rehabilitation centers. — The Department of Health shall marginalized persons are provided with the necessary auxiliary services that will restore their social functioning and participation in community affairs. It shall also train its field health personnel in the provision of medical attention to disabled persons. (e) provision of substitute family care services and the facilities therefor for abandoned. National Health Program. (c) development among disabled persons of a positive self-image through the provision of counseling. nutrition.chan robles virtual law library The Department of Health shall field medical personnel specializing in the treatment and rehabilitation of disabled persons to provincial hospitals and. 19. and chan robles virtual law library (b) medical treatment and rehabilitation. The components of such a program shall be as follows: establish medical rehabilitation centers in government provincial hospitals.

Disabled persons shall be allowed to drive motor vehicles. — The State shall ensure the attainment of a barrier-free environment that will enable disabled persons to have access in public and private buildings and establishments and such other places mentioned in Batas Pambansa Bilang 344. Sec. the State shall recognize the right of disabled persons to participate in processions. and teaching aids for the use of the disabled sent by mail within the Philippines and abroad. and chan robles virtual law library (b) aids and orthopedic devices for the disabled sent by abroad by mail for repair:chanroblesvirtualawlibrary Provided. Free Postal Charges for the Disabled. parades.chanrobles virtual law library chan robles virtual law library Sec.chanrobles virtual law library regulations necessary to implement the provisions of this Chapter. System of Voting. Violation of this provision shall constitute an election offense. Such assistance may be in the form of subsidized transportation fare. orthopedic and other devices. public . demonstrations. chan robles virtual law library CHAPTER VII POLITICAL AND CIVIL RIGHTS chan robles virtual law library Sec. Sec. Right to Assemble. further. shall be made suppletory to this Act. The person assisting shall bind himself in a formal document under oath to fill out the ballot strictly in accordance with the instructions of the voter and not to reveal the contents of the ballot prepared by him. — Postal charges shall be free on the following: (a) articles and literatures like books and periodicals. rallies. 29. That the aforesaid items are for personal purposes only: Provided. otherwise known as the "Accessibility Law". — Disabled persons shall be allowed to be assisted by a person of his choice in voting in the national or local elections. That the disabled person is a marginalized disabled as certified by the Social Welfare and Development Office of the local government unit concerned or the Department of Social Welfare and Development. 30. — The Department of Transportation and Communications shall formulate the rules and encouraged to install special telephone devices or units for the hearingimpaired and ensure that they are commercially available to enable them to communicate through the telephone system. 28. The person thus chosen shall prepare the ballot for the disabled voter inside the voting booth. Mobility. Polling places should be made accessible to disabled persons during chan robles virtual law library national or local elections. 27. chan robles virtual law library The "Accessibility Law". 26. — The State shall promote the mobility of disabled persons. Telephone Services. — All telephone companies shall be The national and local governments shall allocate funds for the provision of architectural facilities or structural features for disabled persons in government buildings and facilities. Sec. as amended. Implementing Rules and Regulations.chanrobles virtual law library Sec.program a day and special programs covering events of national significance. — Consistent with the provisions of the Constitution. subject to the rules and regulations issued by the Land Transportation Office pertinent to the nature of their disability and the appropriate adaptations or modifications made on such vehicles. 23.chanrobles virtual law library Sec. Barrier-Free Environment. — The Department of Social Welfare and Development shall develop a program to assist marginalized disabled persons gain access in the use of public transport facilities. The said department shall also allocate such funds as may be necessary for the effective implementation of the public transport program for the disabled persons. 25. Access to Public Transport Facilities.chanrobles virtual law library CHAPTER VI ACCESSIBILITY chan robles virtual law library Sec. 24.

(g) Dismissing or terminating the services of a disabled employee by reason of his disability unless the employer can prove that he impairs the satisfactory performance of the work involved to the prejudice of the business entity: Provided. through its agencies. examination.cralaw TITLE III PROHIBITION ON DISCRIMINATION AGAINST DISABLED PERSONS chan robles virtual law library CHAPTER I DISCRIMINATION ON EMPLOYMENT chan robles virtual law library Sec. shall discriminate against a qualified disabled person by reason of disability in regard to job application procedures. Sec.cralaw Organizations of disabled persons shall participate in the identification and preparation of programs that shall serve to develop employment opportunities for the disabled persons. and other terms. and assemblages or other forms of mass or concerned action held in public. Sec. Discrimination on Employment. — The State recognizes the right of disabled persons to form organizations or associations that promote their welfare and advance or safeguard their interests. That the employer first sought to provide reasonable accommodations for disabled persons. such as salary. on the following occasions:chanroblesvirtualawlibrary . (d) Providing less compensation. if any. by reason of his disability. whether public or private. 32. job training. study and scholarship grants.meetings. To ensure the active participation of disabled persons in the social and economic development of the country. and (i) Excluding disabled persons from membership in labor unions or similar organizations. training opportunities. than the amount to which a non-disabled person performing the same work is entitled. Employment Entrance Examination. wage or other forms of remuneration and fringe benefits. conditions. instrumentalities and subdivisions. (h) Failing to select or administer in the most effective manner employment tests which accurately reflect the skills. or discharge of employees. 33. and privileges of employment. their organizations shall be encouraged to participate in the planning. chan robles virtual law library employment. 31. manual or speaking skills of such applicant or employee. The following constitute acts of discrimination: (b) Using qualification standards. — No entity. employment tests or other selection criteria that screen out or tend to screen out a disabled person unless such standards. The National Government. or chan robles virtual law library chan robles virtual law library (2) perpetuate the discrimination of others who are subject to common administrative control. promotion. chan robles virtual law library (e) Favoring a non-disabled employee over a qualified disabled employee with respect to promotion. — Upon an offer of a disabled applicant may be subjected to medical (a) Limiting. rather than the impaired sensory. to a qualified disabled employee. (c) Utilizing standards. segregating or classifying a disabled job applicant in such a manner that adversely affects his work opportunities. solely on account of the latter's disability. aptitude or other factor of the disabled applicant or employee that such tests purports to measure. or methods of administration that: (1) have the effect of discrimination on the basis of disability. criteria. Right to Organize.cralaw Concerned government agencies and offices shall establish close linkages with organizations of the disabled persons in order to respond expeditiously to the needs of disabled persons. the hiring. National line agencies and local government units shall assist disabled persons in setting up specific projects that will be managed like business propositions. employee compensation. organization and management of government programs and projects for disabled persons. (f) Re-assigning or transferring a disabled employee to a job or position he cannot perform by reason of his disability. however. shall assist disabled persons in establishing self-help organizations by providing them with necessary technical and financial assistance. tests or other selection criteria are shown to be job-related for the position in question and are consistent with business necessity.

hospital or other service establishment. his orthopedic devices. or other arrangement. theater. (f) a bank. chan robles virtual law library (b) a restaurant. Public Transportation. except for an establishment located within a building that contains not more than five (5) rooms for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor. secondary. transportation. Sec. health spa. (3) government officials investigating compliance with this Act shall be provided relevant information on request. The leases. convention center. facilities. services. insurance office. depot. the opportunity to participate in or benefit from the goods. 36. hardware store. elementary. barber shop. land. Discrimination on the Use of Public Accommodations. CHAPTER II DISCRIMINATION ON TRANSPORTATION chan robles virtual law library Sec. zoo. golf course. undergraduate. shopping center. bar. (j) a nursery. or other establishment serving food or drink. hotel. office of a lawyer. — For purposes of this Chapter. 35. personal effects. services. grocery store. or post-graduate private school. pharmacy. (c) a motion picture.chan robles virtual law library chan robles virtual law library (2) first aid and safety personnel may be informed. Public Accommodations and Services. and merchandise by reason of his disability. licensing. if the disability may require emergency treatment. motel. directly or through contractual. — (a) No disabled person shall be discriminated on the basis of disability in the full and equal enjoyment of the goods. lecture hall. amusement park.chan robles virtual law library (e) a bakery. chan robles virtual law library (b) information obtained during the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record. 34. beauty shop. concert hall. — It shall be considered discrimination for the franchisees or operators and personnel of sea. following constitute or other station used for specified public discrimination:chanroblesvirtualawlibrary (1) denying a disabled person. privileges. or chan robles virtual law library (l) other place of exercise or recreation. (d) an auditorium. or other sales or rental establishment. That:chanroblesvirtualawlibrary (1) supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employees and necessary accommodations. funeral parlor. advantages. or other place of exhibition or entertainment. or operates a place of acts public of accommodation. travel service. advantages or accommodations of any place of public accommodation by any person who owns. library or other place of public display or collection. facilities. and (4) the results of such examination are used only in accordance with this Act. when appropriate. gallery. (i) a park. or other place of lodging. chan robles virtual law library . stadium. or other place of public gathering. chan robles virtual law library CHAPTER III DISCRIMINATION ON THE USE OF PUBLIC ACCOMMODATIONS AND SERVICES chan robles virtual law library Sec. or other place of education. however.(a) all entering employees are subjected to such an examination regardless of disability. and air transportation facilities to charge higher fare or to refuse to convey a passenger. professional office of a health care provider. (h) a museum. (g) a terminal. Provided. privileges. or accommodations of an entity by reason of his disability. (k) a gymnasium. public accommodations and services shall include the following:chanroblesvirtualawlibrary (a) an inn. gas station. or other place of recreation. bowling alley.

chan robles virtual law library chan robles virtual law library (2) a failure to make reasonable modifications in policies. advantage. privilege. the following shall be considered as discriminatory: (1) the imposition or application of eligibility criteria that screen out or tend to screen out an individual with a disability or any class or individuals with disabilities from fully and equally enjoying any goods. advantages. service. or procedures. — The Department of Public Works and Highways shall formulate the rules and regulations necessary to implement the provisions of this Chapter. 37. and (5) where an entity can demonstrate that the removal of a barrier under clause (4) is not readily achievable. facility. (e) Prohibitions — For purposes of this Section. facilities. or accommodations being offered.(2) affording a disabled person. services. facilities. or other arrangement. unless the entity can demonstrate that making such modifications would fundamentally alter the nature of the goods. privileges. directly or through contractual. advantage or accommodation being offered or would result in undue burden. free of charge. unless the entity can demonstrate that taking such steps would fundamentally alter the nature of the good. services. service. facilities. (d) Association — It shall be discriminatory to exclude or otherwise deny equal goods. the term "individuals or class of individuals" refers to the clients or customers of the covered public accommodation that enters into the contractual. — Recreational or sports centers owned or operated by the Government shall be used. facilities. Implementing Rules and Regulations. on the basis of his disability. privilege. services.chanrobles virtual law library advantages. or other arrangement. and (3) providing a disabled person. chan robles virtual law library (b) Integrated Settings — Goods. with a good. facility. or accommodations available through alternative methods if such methods are readily achievable. an individual with a disability shall not be denied the opportunity to participate in such programs or activities that are not separate or different. segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services. unless such criteria can be shown to be necessary for the provision of the goods. privileges. and communication barriers that are structural in nature. advantages. 38. licensing. services. or accommodations. or accommodations to individuals with disabilities. or accommodation that is not equal to that afforded to other able-bodied persons. privileges. facilities. when such modifications are necessary to afford such goods. practices. privileges. service. services. .chan robles virtual law library Sec. or accommodation. advantages. sports or recreational activities.chan robles virtual law library (c) Opportunity to Participate — Notwithstanding the existence of separate or different programs or activities provided in accordance with this Section. on the basis of his disability. or accommodation that is different or separate form that provided to other able-bodied persons unless such action is necessary to provide the disabled person with a good. and accommodations shall be afforded to individual with a disability in the most integrated setting appropriate to the needs of the individual. licensing or other arrangement. where such removal is readily achievable. chan robles virtual law library Sec. directly or through contractual. facility. by marginalized disabled persons during their social. or accommodations. facilities. advantage. accommodations or other opportunities to an individual or entity because of the known disability of an individual with whom the individual or entity is known to have a relationship or association. privileges. (4) a failure to remove architectural barriers. advantages. in existing facilities. licensing. privileges. privileges. services. facilities. a failure to make such goods. advantage. advantages. privilege. (3) failure to take such steps as may be necessary to ensure that no individual with a disability is excluded. denied services. facility. services. Use of Government Recreational or Sports Centers Free of Charge. or other opportunity that is as effective as that provided to others. For purposes of this Section. with the opportunity to participate in or benefit from a good service. privilege.

cralaw (c) Local manufacturing or technical aids and appliances used by disabled persons shall be considered as a preferred area of investment subject to the provisions of Executive Order No. Tax Incentives. duty. Sec. Accordingly. chan robles virtual law library (12) unrestricted use of consigned equipment. (15) access to bonded manufacturing/traded warehouse system.TITLE IV FINAL PROVISIONS Sec. (3) remittance of payments on foreign contracts. shall enjoy the rights.chanrobles virtual law library Sec. such shall not affect the enforcement or formulation of rules. (5) freedom from requisition of investment. National agencies and local government units may enter into joint ventures with organizations or associations of disabled persons to explore livelihood opportunities and other undertakings that shall enhance the health. (8) tax and duty exemption on imported capital equipment. but not limited. (4) freedom from expropriations. — Should any department or agency tasked with the enforcement or formulation of rules and regulations and guidelines for implementation of any provision of this Act is abolished. impost and fee. chan robles virtual law library (6) income tax holiday. 43. Section 103 of the NIRC. Housing Program. as such. regulations and guidelines for implementation of this Act to the effect that — (a) In case of abolition. as amended and shall be allowed as deductions from the donor's gross income for purposes of computing the taxable income subject to the provisions of Section 29 (h) of the Code. chan robles virtual law library (2) remittance of earnings. become partners of the Government in the implementation of vocational rehabilitation measures and other related programs and projects. privileges and incentives as provided in said Code such as. Role of National Agencies and Local Government Units. — Nongovernment organizations or private volunteer organizations dedicated to the purpose of promoting and enhancing the welfare of disabled persons shall. chan robles virtual law library Sec. 41. 39. programs and projects is to be extended all possible support by the Government. 40. (b) Donations from foreign countries shall be exempt from taxes and duties on importation subject to the provisions of Section 105 of the Tariff and Customs Code of the Philippines. as amended and other relevant laws and international agreements. as they. (14) tax credit for taxes and duties on raw materials. — (a) Any donation. the department or agency established to replace the abolished department or agency shall take-over the functions under this Act of the abolished department or agency. Continuity Clause. chan robles virtual law library . merged with another department or agency or modified.cralaw The Government shall sponsor a volunteer service program which shall harness the involvement of private individuals in the provision of assistance to disabled persons. (9) tax credit on domestic capital equipment. are hereby encouraged. their participation in the implementation of said measures. (10) exemption from contractor's tax. chan robles virtual law library Sec. to the following: (1) repatriation of investments. subsidy or financial aid which may be made to government agencies engaged in the rehabilitation of disabled persons and organizations of disabled persons shall be exempt from the donor's tax subject to the provisions of Section 94 of the National Internal Revenue Code (NIRC). (16) exemption from taxes and duties on imported spare parts. bequest. and (17) exemption from wharfage dues and any export tax. — Local government units shall promote the establishment of organizations of disabled persons in their respective territorial jurisdictions. Support From Nongovernment Organizations. (13) employment of foreign nationals. (7) additional deduction for labor expense. physical fitness and the economic and social well-being of disabled persons. as amended. (11) simplification of customs procedures. — The National Government shall take into consideration in its national shelter program the special housing requirements of disabled persons. 226 otherwise known as the "Omnibus Investments Code of 1987" and. 42.

presidential decrees. practice or procedure. or chan robles virtual law library (2) any person or group or persons has been discriminated against under this Act and such discrimination raises an issue of general public importance. to the extent required by this Act:chanroblesvirtualawlibrary (a) granting temporary.chanrobles virtual law library (d) If the violator is an alien or a foreigner. or both at the discretion of the court.000.chan robles virtual law library (b) In case the department or agency tasked with the enforcement or formulation of rules.00) or imprisonment for not less than two (2) years but not more than six (6) years.00). the former shall continue the functions under this Act of the merged department or agency. — (a) Denial of Right (1) Duty to Investigate — the Secretary of Justice shall investigate alleged violations of this Act. and such action shall not affect the enforceability of the remaining provisions of this Act.00) or imprisonment of not less than six (6) months but not more than two (2) years. 49.000. organization or any similar entity. regulations and guidelines for implementation of this Act is merged with another department or agency. including. Sec. (b) Potential Violations — If the Secretary of Justice has reasonable cause to believe that — (1) any person or group of persons is engaged in a pattern or practice of discrimination under this Act. — The amount necessary to carry out the provisions of this Act shall be included in the General Appropriations Act of the year following its enactment into law and thereafter. after service of sentence without further deportation proceedings. Repealing Clause.000. a fine of not less than Fifty thousand pesos (P50.chanrobles virtual law library (b) Any person who abuses the privileges granted herein shall be punished with imprisonment of not less than six (6) months or a fine of not less than Five thousand pesos (P5. — Should any provisions of this Act be found unconstitutional by a court of law. or alternative method.00) but not exceeding Two hundred thousand pesos (P200. such provisions shall be severed from the remainder of the Act. Sec.000. the Secretary of Justice may commence a legal action in any appropriate court. executive orders and rules and regulations inconsistent with the provisions of this Act are hereby repealed or modified accordingly.chanrobles virtual law library Sec. chan robles virtual law library . — All laws.000. he shall be deported immediately Sec. 45. the department or agency modified shall continue the functions under this Act of the department or agency that has undergone the modification. Enforcement by the Secretary of Justice. Appropriations.chanrobles virtual law library (c) In case of modification. and (c) making facilities readily accessible to and usable by individuals with disabilities. the officials thereof directly involved shall be liable therefor. 44. chan robles virtual law library 47. preliminary or permanent relief.000. or both. chan robles virtual law library (c) If the violator is a corporation. Penal Clause. — The court may grant any equitable relief that such court considers to be appropriate. Authority of Court. and shall undertake periodic reviews of compliance of covered entities under this Act. 48. modification of policy.cralaw Sec. Sec. or both at the discretion of the court. but not more than Fifty thousand pesos (P50. at the discretion of the court. chan robles virtual law library chan robles virtual law library (b) providing an auxiliary aid or service.00). — (a) Any person who violates any provision of this Act shall suffer the following penalties:chanroblesvirtualawlibrary (1) for the first violation.00) but not exceeding One hundred thousand pesos (P100. a fine of not less than One hundred thousand pesos (P100. and chan robles virtual law library (2) for any subsequent violation. 46. Separability Clause.

drug abuse and ignorance. (b) The State shall extend to every person suspected or known to be infected with HIV/AIDS full protection of his/her human rights and civil liberties. – As used in this Act. INSTITUTING A NATIONWIDE HIV/AIDS INFORMATION AND EDUCATIONAL PROGRAM. Definition of terms. use of physical force. ESTABLISHING A COMPREHENSIVE HIV/AIDS MONITORING SYSTEM. and be carried out in all schools and training centers. — This Act shall take effect fifteen (15) days after its publication in any two (2) newspapers of general circulation. modes of transmission. intimidation or any form of compulsion. means of prevention and control of HIV/AIDS through a comprehensive nationwide educational and information campaign organized and conducted by the State. including people living with HIV/AIDS. STRENGTHENING THE PHILIPPINE NATIONAL AIDS COUNCIL. (f) "HIV/AIDS Monitoring" – refers to the documentation and analysis of the number of HIV/AIDS infections and the pattern of its spread. 50.Sec. HIV shall be considered inimical to individual and national interest. The gravity of the AIDS threat demands strong State action today. (2) the right to privacy of individuals with HIV shall be guaranteed. An identifying number or symbol is used to substitute for the name and allows the laboratory conducting the test and the person on whom the test is conducted to match the test results with the identifying number or symbol. Declaration of policies. (e) The State shall recognize the potential role of affected individuals in propagating vital information and educational messages about HIV/AIDS and shall utilize their experience to warn the public about the disease. (e) "Human Immunodeficiency Virus (HIV)" – refers to the virus which causes AIDS. prostitution." Section 2. (d) "Contact tracing" – refers to the method of finding and counselling the sexual partner(s) of a person who has been diagnosed as having sexually transmitted disease. This program shall involve affected individuals and groups. 1998 (c) The State shall promote utmost safety and universal precautions in practices and procedures that carry the risk of HIV transmission. – Acquired Immune Deficiency Syndrome (AIDS) is a disease that recognizes no territorial. caused by HIV contracted from another person and which attacks and weakens the body's immune system. – This Act shall be known as the "Philippine AIDS Prevention and Control Act of 1998. Towards this end: (1) compulsory HIV testing shall be considered unlawful unless otherwise provided in this Act. (d) The State shall positively address and seek to eradicate conditions that aggravate the spread of HIV infection. consequences. focus on the family as a basic social unit. thus: (a) The State shall promote public awareness about the causes. and communities. social. (b) "Anonymous Testing" – refers to an HIV testing procedure whereby the individual being tested does not reveal his/her true identity. poverty. and (4) provision of basic health and social services for individuals with HIV shall be assured. making the afflicted individual susceptible to other life-threatening infections. AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: Section 1. including but not limited to. Title. workplaces. Republic Act No. (c) "Compulsory HIV Testing" – refers to HIV testing imposed upon a person attended or characterized by the lack of or vitiated consent. the following terms are defined as follows: (a) "Acquired Immune Deficiency Syndrome (AIDS)" – a condition characterized by a combination of signs and symptoms. 8504 February 13. Such campaigns shall promote value formation and employ scientifically proven approaches. marginalization. Section 3. in all its forms and subtleties. political and economic boundaries for which there is no known cure. gender inequality. Effectivity. (3) discrimination. against individuals with HIV or persons perceived or suspected of having . AN ACT PROMULGATING POLICIES AND PRESCRIBING MEASURES FOR THE PREVENTION AND CONTROL OF HIV/AIDS IN THE PHILIPPINES.

in any official capacity. including non-formal and indigenous learning systems: Provided. modes of transmission and ways of preventing HIV/AIDS and other sexually transmitted diseases in subjects taught in public and private schools at intermediate grades. (m) "Informed Consent" – refers to the voluntary agreement of a person to undergo or be subjected to a procedure based on full information. secondary and tertiary levels. utilizing official information provided by the Department of Health. Flexibility in the formulation and adoption of appropriate course content. school officials. (s) "Sexually Transmitted Diseases" – refers to any disease that may be acquired or passed on through sexual contact. That it does not utilize sexually explicit materials. that he/she is infected with HIV. (j) "HIV Testing" – refers to any laboratory procedure done on an individual to determine the presence or absence of HIV infection. (k) "HIV Transmission" – refers to the transfer of HIV from one infected person to an uninfected individual. further. and methodology in each educational level or group shall be allowed after consultations with Parent-Teachers-Community Associations. has acquired or may have acquired such confidential information. That it shall not be used as an excuse to propagate birth control or the sale or distribution of birth control devices: Provided. no instruction shall be offered to minors without adequate prior consultation with parents who must agree to the thrust and content of the instruction materials. CHED and TESDA. Section 5. (i) "HIV-negative" – denotes the absence of HIV or HIV antibodies upon HIV testing. in coordination with the Department of Health (DOH). That if the integration of HIV/AIDS education is not appropriate or feasible. (p) "Pre-Test Counselling" – refers to the process of providing an individual information on the biomedical aspects of HIV/AIDS and emotional support to any psychological implications of undergoing HIV testing and the test result itself before he/she is subjected to the test. – HIV/AIDS education and information dissemination shall form part of the delivery of health services by health practitioners. Culture and Sports (DECS). The knowledge and capabilities of all public health workers shall be enhanced to include skills for proper information dissemination and education on HIV/AIDS. nurse. scope. (t) "Voluntary HIV Testing" – refers to HIV testing done on an individual who. shall integrate instruction on the causes. 4. usually lasting from two weeks to six (6) months during which an infected individual will test "negative" upon HIV testing but can actually transmit the infection. (r) "Prophylactic" – refers to any agent or device used to prevent the transmission of a disease. whether such permission is written. (h) "HIV-positive" – refers to the presence of HIV infection as documented by the presence of HIV or HIV antibodies in the sample being tested. It shall likewise be considered a civic duty of health providers in the private sector to make available to the public such . and the Technical Education and skills Development Authority (TESDA). medical technologist and all other health workers or personnel involved in any counselling. (u) "Window Period" – refers to the period of time. conveyed verbally. and other interest groups. Private School Associations. (q) "Post-Test Counselling" – refers to the process of providing riskreduction information and emotional support to a person who submitted to HIV testing at the time that the test result is released. the Commission on Higher Education (CHED). (o) "Person with HIV" – refers to an individual whose HIV test indicates. sharing of intravenous needles and during pregnancy. most commonly through sexual intercourse. it also applies to any person who. testing or professional care of the former. the DECS and TESDA shall design special modules on HIV/AIDS prevention and control: Provided. finally. (n) "Medical Confidentiality" – refers to the relationship of trust and confidence created or existing between a patient or a person with HIV and his attending physician. workers and personnel. after having undergone pre-test counselling. consulting medical specialist. blood transfusion. ARTICLE I EDUCATION AND INFORMATION Sec. HIV/AIDS education in schools. All teachers and instructors of said HIV/AIDS courses shall be required to undergo a seminar or training on HIV/AIDS prevention and control to be supervised by DECS. or expressed indirectly. directly or indirectly. As such. before they are allowed to teach on the subject.(g) "HIV/AIDS Prevention and Control" – refers to measures aimed at protecting non-infected from contracting HIV and minimizing the impact of the condition of persons living with HIV. – The Department of Education. willingly submits himself/herself to such test. (l) "High-Risk Behavior" – refers to a person's frequent involvement in certain activities which increase the risk of transmitting or acquiring HIV. HIV/AIDS information as a health service.

information necessary to control the spread of HIV/AIDS and to correct common misconceptions about this disease. city or municipal mayor and the barangay captain shall coordinate such campaign among concerned government agencies. or organ recipient or his immediate relatives before transfusion or transplant. shall be provided with the standardized basic information and instruction on HIV/AIDS which shall include topics on confidentiality in the workplace and attitude towards infected employees and workers. informed consent and the duty to provide treatment. agents or procedures without prior approval from the Department of Health and the Bureau of Food and Drugs and the requisite medical and scientific basis. including members of the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP). – Local government units. and labor officials and personnel to be assigned overseas shall undergo or attend a seminar on the cause. In collaboration with the Department of Health (DOH). – The State shall ensure that all overseas Filipino workers and diplomatic. except during emergency cases: Provided. fines and suspension or revocation of the license to practice his/her profession. and contain literature on the proper use of the prophylactic device or agent.. Section 11. as the case may be. shall oversee the implementation of this Act. – Any person who knowingly or negligently causes another to get infected with HIV in the course of the practice of his/her profession through unsafe and unsanitary practice or procedure is liable to suffer a penalty of imprisonment for six (6) years to twelve (12) years. tissue. non-government organizations and church-based groups. HIV/AIDS education in communities. prevention. HIV/AIDS education in the workplace. unless a sample from the donor has been tested negative for HIV. shall oversee the implementation of this Sec. The provincial governor. Penalties for misleading information. . 12. including markings and indications in drugs and devises or agents. The training or health workers shall include discussions on HIV-related ethical issues such as confidentiality. or organ testing positive for HIV may be accepted for research purposes only. its efficacy against HIV and STD infection. or clinics may be cancelled or withdrawn if said establishments fail to maintain such safe practices and procedures as may be required by the guidelines to be formulated in compliance with Sec. The Department of Tourism. The Department of Labor and Employment or the Department of Foreign Affairs. devices. without prejudice to the imposition of administrative sanctions such as fines and suspension or revocation of professional or business license. in collaboration with the Department of Health (DOH). A second testing may be demanded as a matter of right by the blood. – All government and private employees. workers. shall be made available to all physicians and health care providers and similarly exposed personnel at all times. All donated blood shall also be subjected to HIV testing and HIV(+) blood shall be disposed of properly and immediately. tissue. 13 of this Act. – Informational aids or materials on the cause. in consultation and in coordination with concerned professional organizations and hospital associations. Section 14. managers. Section 6. and subject to strict sanitary disposal requirements. as well as the importance of sexual abstinence and mutual fidelity. – No laboratory or institution shall accept a donation of tissue or organ. Requirement on the donation of blood.. Information campaign for tourists and transients. Section 8. in collaboration with the Department of Health (DOH). tattooing or similar procedures. but not limited to. Guidelines on surgical and similar procedures. whether such donation is gratuitous or onerous. trade. in collaboration with the Department of Health (DOH). embalming. without prejudice to the imposition of administrative sanctions such as. modes of transmission. tissue. military. purporting to be a cure or a fail-safe prophylactic for HIV infection is punishable with a penalty of imprisonment for two (2) months to two (2) years. and consequences of HIV infection shall be adequately provided at all international ports of entry and exit. goggles and gowns. body fluids or wastes of persons known or believed to be HIV-positive. – Appropriate information shall be attached to or provided with every prophylactic offered for sale or given as a donation. the Secretary of the Department of Labor and Employment (DOLE) shall oversee the anti-HIV/AIDS campaign in all private companies while the Armed Forces Chief of Staff and the Director General of the PNP shall oversee the implementation of this Sec. Information on prophylactics. the Department of Foreign Affairs. the Department of Justice through the Bureau of Immigration. The necessary protective equipment such as gloves. – Misinformation on HIV/AIDS prevention and control through false and misleading advertising and claims in any of the tri-media or the promotional marketing of drugs. laboratory. The permit or license of any business entity and the accreditation of hospitals. HIV/AIDS education for Filipinos going abroad. Section 7. dental. shall conduct an educational and information campaign on HIV/AIDS. shall issue guidelines on precautions against HIV transmission during surgical. and supervisors. Section 9. Section 13. or organ. ARTICLE II SAFE PRACTICES AND PROCEDURES Sec. Such information shall be legibly printed in English and Filipino. Penalties for unsafe practices and procedures. The DOH shall likewise issue guidelines on the handling and disposition of cadavers. – The Department of Health (DOH). the Department of Tourism and the Department of Justice through the Bureau of Immigration. That donations of blood. prevention and consequences of HIV/AIDS before certification for overseas assignment. Section 10.

Lawful consent to HIV testing of a donated human body. – The Department of Health. Exception to the prohibition on compulsory testing. Persons infected with HIV/AIDS shall not be deprived of full participation in any livelihood. otherwise known as the "Family Code of the Philippines". – All testing centers. otherwise known as the "Revised Penal Code" or under Republic Act No. . (b) a person has executed a legacy in accordance with Sec. should such study warrant it. nongovernment organizations. 309. Accreditation of HIV Testing Centers. or blood shall be considered as having been given when: (a) a person volunteers or freely agrees to donate his/her blood. implement an insurance coverage program for persons with HIV. Hospital-based services. in coordination and in cooperation with concerned government agencies and non-government organizations shall pursue the prevention and control of sexually transmitted diseases to help contain the spread of HIV infection. 3 of Republic Act No. without prejudice to optimum medical care which may be provided by special AIDS wards and hospitals. 7170. Anonymous HIV testing. shall conduct a study on the feasibility and viability of setting up a package of insurance benefits and. and c) When complying with the provisions of Republic Act No. Control of sexually transmitted diseases. – Compulsory HIV testing may be allowed only in the following instances: a) When a person is charged with any of the crimes punishable under Articles 264 and 266 as amended by Republic Act No. That written informed consent must first be obtained. Prohibitions on compulsory HIV testing . Section 17. clinics. However. Section 23.ARTICLE III TESTING. otherwise known as the "Organ Donation Act" and Republic Act No. otherwise known as the "National Blood Services Act". hospitals. – Compulsory HIV testing as a precondition to employment. clinics. 15. or research. in cooperation with the Commissioner of the Insurance Commission and other public and private insurance agencies. organ. b) When the determination of the HIV status is necessary to resolve the relevant issues under Executive Order No. 3815. self-help and cooperative programs for reason of their health conditions. the exercise of freedom of abode. transplantation. (c) a donation is executed in accordance with Sec. – Trainings for livelihood. also known as the"Organ Donation Act of 1991". the State shall encourage voluntary testing for individuals with a high risk for contracting HIV: Provided. 7719. the provision of medical service or any other kind of service. However. selfhelp cooperative programs shall be made accessible and available to all persons with HIV/AIDS. tissue. Section 26. by ensuring the training of competent personnel who will provide such services in said testing sites. or laboratories which perform any HIV test shall be required to provide and conduct free pre-test counselling and post-test counselling for persons who avail of their HIV/AIDS testing services. Section 19. Section 18. clinics. Support for HIV Testing Centers. Insurance for persons with HIV. admission to educational institutions. laboratories. – Persons with HIV/AIDS shall be afforded basic health services in all government hospitals. The study shall be guided by the principle that access to health insurance is part of an individual's right to health and is the responsibility of the State and of society as a whole. – The Secretary of Health. ARTICLE IV HEALTH AND SUPPORT SERVICES Sec. Section 25. – Local government units. Consent as a requisite for HIV testing. Such consent shall be obtained from the person concerned if he/she is of legal age or from the parents or legal guardian in the case of a minor or a mentally incapacitated individual. 7170. in coordination and in cooperation with concerned government agencies. SCREENING AND COUNSELLING Sec. 4 of Republic Act No. – The State shall provide a mechanism for anonymous HIV testing and shall guarantee anonymity and medical confidentiality in the conduct of such tests. or tissue for transfusion. – All testing centers. Section 24. and laboratories offering HIV testing services are mandated to seek accreditation from the Department of Health which shall set and maintain reasonable accreditation standards. Livelihood programs and trainings. – No compulsory HIV testing shall be allowed. such counselling services must be provided only by persons who meet the standards set by the DOH. 7659. persons with HIV/AIDS and groups most at risk of HIV infection shall provide community-based HIV/AIDS prevention and care services. Pre-test and post-test counselling. or the right to travel. entry or continued stay in the country. Section 16. Section 20. organ. and other testing centers primarily. 8353. 335 and 338 of Republic Act No. Section 21. Community-based services. – The Department of Health shall strategically build and enhance the capabilities for HIV testing of hospitals. or the continued enjoyment of said undertakings shall be deemed unlawful. 7170. 22.

Medical confidentiality. That any information gathered shall remain confidential and classified. – All health professionals. laboratories or clinics.ARTICLE V MONITORING Sec. school attendance. benefits or services . Discrimination in schools. data encoders.s 30 and 32 of this Act shall suffer the penalty of imprisonment for six (6) months to four (4) years. 30. recruitment agencies. based on the actual. ARTICLE VI CONFIDENTIALITY Sec. Reporting procedures. (c) of this Act and in accordance with the provision of Sec. Section 32. further. laboratories. without prejudice to administrative sanctions such as fines and suspension or revocation of the violator's license to practice his/her profession. and personally opened by the judge:Provided. collate and evaluate all HIV/AIDS related medical reports. insurance companies. That these do not run counter to the general purpose of this Act:Provided. or travel. and other custodians of any medical record. – All hospitals. as provided under subSec. That the judicial proceedings be held in executive session. Section 29. – Discrimination in any form from pre-employment to post-employment. deny participation. hand delivered. – Any violation of medical confidentiality as provided in Sec. or test results are directed to strictly observe confidentiality in the handling of all medical information. – A comprehensive HIV/AIDS monitoring program or "AIDSWATCH" shall be established under the Department of Health to determine and monitor the magnitude and progression of HIV infection in the Philippines. and testing centers for HIV/AIDS shall adopt measures in assuring the reporting and confidentiality of any medical record. That such treatment or care carry the risk of HIV transmission: Provided. including hiring. freedom of abode. Discrimination in the workplace. particularly the identity and status of persons with HIV. That the confidential medical record shall be properly sealed by its lawful custodian after being double-checked for accuracy by the head of the office or department. (d) a person authorized to receive such results in conjunction with the AIDSWATCH program as provided in Sec. (b) either parent of a minor child who has been tested. as well as the cancellation or withdrawal of the license to operate any business entity and the accreditation of hospitals. (c) a legal guardian in the case of insane persons or orphans. further. discipline. The Department of Health through its AIDSWATCH monitoring program shall receive. Section 28. data. employers. – HIV/AIDS contact tracing and all other related health intelligence activities may be pursued by the Department of Health: Provided. Contact tracing. further. promotion or assignment. Release of HIV/AIDS test results. 27 of this Act. file. That such workers shall be obliged to maintain the shared medical confidentiality. personal data. perceived or suspected HIV status of an individual is prohibited. Section 34. – Medical confidentiality shall not be considered breached in the following cases: (a) when complying with reportorial requirements in conjunction with the AIDSWATCH programs provided in Sec. 27 of this Act. Monitoring program. Exceptions to the mandate of confidentiality. and for the purpose of evaluating the adequacy and efficacy of the countermeasures being employed. – No educational institution shall refuse admission or expel. segregate. including all data which may be accessed from various data banks or information systems. Termination from work on the sole basis of actual. ARTICLE VII DISCRIMINATORY ACTS AND POLICIES Sec. (e) a justice of the Court of Appeals or the Supreme Court. 16 hereof. Section 36. The AIDSWATCH data base shall utilize a coding system that promotes client anonymity. Section 33. – All results of HIV/AIDS testing shall be confidential and shall be released only to the following persons: (a) the person who submitted himself/herself to such test. Penalties for violations of confidentiality. Section 31. (c) when responding to a subpoena duces tecum and subpoena ad testificandum issued by a Court with jurisdiction over a legal proceeding where the main issue is the HIV status of an individual: Provided. file. (b) when informing other health workers directly involved or about to be involved in the treatment or care of a person with HIV/AIDS: Provided. Disclosure to sexual partners. and can only be used for statistical and monitoring purposes and not as basis or qualification for any employment. clinics. medical instructors. workers. 27. – Any person with HIV is obliged to disclose his/her HIV status and health condition to his/her spouse or sexual partner at the earliest opportune time. 35. perceived or suspected HIV status is deemed unlawful.

The Council shall likewise ensure that there is adequate coverage of the following: (1) The institution of a nationwide HIV/AIDS information and education program. lodging and travel of a person with HIV shall not be abridged.to a student or prospective student on the basis of his/her actual. That the person with HIV has not concealed or misrepresented the fact to the insurance company upon application. (5) The provision of acceptable health and support services for persons with HIV/AIDS in hospitals and in communities. Extension and continuation of credit and loan shall likewise not be denied solely on the basis of said health condition. or refused lawful entry into or deported from Philippine territory on account of his/her actual. Establishment. and (f) Evaluate the adequacy of and make recommendations regarding the utilization of national resources for the prevention and control of HIV/AIDS in the Philippines. – All discriminatory acts and policies referred to in this Act shall be punishable with a penalty of imprisonment for six (6) months to four (4) years and a fine not exceeding Ten thousand pesos (P10. suspected or perceived to be HIV-positive shall not be denied any kind of decent burial services. Section 39. Restrictions on travel and habitation. – The freedom of abode. hospitals and other institutions found guilty of committing discriminatory acts and policies described in this Act shall be revoked. perceived or suspected HIV status. The Council shall perform the following functions: (a) Secure from government agencies concerned recommendations on how their respective agencies could operationalize specific provisions of this Act. 43. perceived or suspected HIV status. – All credit and loan services. – The Council shall be the central advisory. (2) The establishment of a comprehensive HIV/AIDS monitoring system. (b) Monitor the implementation of the rules and regulations of this Act. issue or cause the issuance of orders or make recommendations to the implementing agencies as the Council considers appropriate. – A deceased person who had AIDS or who was known. 39 dated 3 December 1992 shall be reconstituted and strengthened to enable the Council to oversee an integrated and comprehensive approach to HIV/AIDS prevention and control in the Philippines. licenses/permits of schools. including health. (c) Develop a comprehensive long-term national HIV/AIDS prevention and control program and monitor its implementation. The Council shall integrate and coordinate such recommendations and issue implementing rules and regulations of this Act.000. . (4) The provision of accessible and affordable HIV testing and counselling services to those who are in need of it. perceived or suspected HIV status: Provided. Section 40. It shall be attached to the Department of Health. Discrimination in hospitals and health institutions. Section 37. placed in isolation. ARTICLE VIII THE PHILIPPINE NATIONAL AIDS COUNCIL Sec. No person shall be quarantined. perceived or suspected HIV status. (d) Coordinate the activities of and strengthen working relationships between government and non-government agencies involved in the campaign against HIV/AIDS. Section 38. – No person shall be denied health care service or be charged with a higher fee on account of actual. Denial of burial services.00). Penalties for discriminatory acts and policies. Inhibition from public service. – The Philippine National AIDS Council (PNAC) created by virtue of Executive Order No. (e) Coordinate and cooperate with foreign and international organizations regarding data collection. research and treatment modalities concerning HIV/AIDS. – The right to seek an elective or appointive public office shall not be denied to a person with HIV. (6) The protection and promotion of the rights of individuals with HIV. and (7) The strict observance of medical confidentiality. Section 42. (3) The issuance of guidelines on medical and other practices and procedures that carry the risk of HIV transmission. Functions. Section 44. Section 41. planning and policy-making body for the comprehensive and integrated HIV/AIDS prevention and control program in the Philippines. accident and life insurance shall not be denied to a person on the basis of his/her actual. In addition. Exclusion from credit and insurance services.

(14) The President of the League of Governors or his representative. – (a) The Council shall be composed of twenty-six (26) members as follows: (1) The Secretary of the Department of Health. they shall serve for a term of two (2) years. and (f) For members representing medical/health professional groups and the six (6) non-government organizations. (9) The Director-General of the National Economic and Development Authority or his representative. It shall implement programs on HIV/AIDS prevention and control. (15) The President of the League of City Mayors or his representative. (11) The Secretary of the Department of Budget and Management or his representative. education. – There shall be created in the Department of Health a Special HIV/AIDS Prevention and Control Service staffed by qualified medical specialists and support staff with permanent appointment and supported with an adequate yearly budget. (8) The Secretary of the Department of Justice or his representative. (5) The Secretary of the Department of Labor and Employment or his representative. Such annual reports shall contain assessments and evaluation of intervention programs.00) shall be initially appropriated out of the funds of the National . appointment to the Council must ensure sufficient and discernible representation from the fields of medicine. (6) The Secretary of the Department of Social Welfare and Development or his representative. (3) The Chairperson of the Commission on Higher Education or his representative. – The Council shall submit to the President and to both Houses of Congress comprehensive annual reports on the activities and accomplishments of the Council. health care. In addition. ethics and social services. – The amount of Twenty million pesos (P20. Section 48. (17) The Chairperson of the Committee on Health of the House of Representatives or his representative.000. (4) The Director-General of the Technical Education and Skills Development Authority or his representative. (12) The Secretary of the Department of Foreign Affairs or his representative. Creation of Special HIV/AIDS Prevention and Control Service. Appropriations. except for the representatives of the Senate and the House of Representatives. Section 47. law. (13) The Head of the Philippine Information Agency or his representative. (d) The members of the Council shall be appointed not later than thirty (30) days after the date of the enactment of this Act. (10) The Secretary of the Department of Tourism or his representative. it shall also serve as the secretariat of the Council. Reports. plans and strategies for the mediumand long-term prevention and control program on HIV/AIDS in the Philippines. (e) The Secretary of Health shall be the permanent chairperson of the Council. Section 46. respectively. (7) The Secretary of the Department of the Interior and Local Government or his representative. and (20) A representative of an organization of persons dealing with HIV/AIDS. renewable upon recommendation of the Council. and shall serve for a term of two (2) years. (b) To the greatest extent possible. who shall be appointed by the Senate President and the House Speaker.Section 45. (18) Two (2) representatives from organizations of medical/health professionals. the vice-chairperson shall be elected by its members from among themselves. Culture and Sports or his representative. (c) All members of the Council shall be appointed by the President of the Republic of the Philippines. (19) Six (6) representatives from non-government organizations involved in HIV/AIDS prevention and control efforts or activities. labor. however.000. Membership and composition. (2) The Secretary of the Department of Education. (16) The Chairperson of the Committee on Health of the Senate of the Philippines or his representative.

the remainder of this Act or any provision not affected thereby shall remain in force and effect. 1998 . Repealing clause. presidential decrees. Approved: February 13. the Council shall formulate and issue the appropriate rules and regulations necessary for the implementation of this Act. amended or modified accordingly. ARTICLE IX MISCELLANEOUS PROVISIONS Sec. Section 50. 49. Section 52. – This Act shall take effect fifteen (15) days after its publication in at least two (2) national newspapers of general circulation. Subsequent appropriations shall be provided by Congress in the annual budget of the Department of Health under the General Appropriations Act. – Within six (6) months after it is fully reconstituted. – If any provision of this Act is declared invalid. executive orders and their implementing rules inconsistent with the provisions of this Act are hereby repealed.Treasury. Section 51. Separability clause. – All laws. Implementing rules and regulations. Effectivity.

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