REPUBLIC ACT NO.

8042 and interest of distressed overseas Filipinos, in general, and
Migrant Workers and Overseas Filipinos Act of 1995 Filipino migrant workers, in particular, documented or
undocumented, are adequately protected and safeguarded.
An act to institute the policies of overseas employment and
establish a higher standard of protection and promotion of (f) The right of Filipino migrant workers and all overseas
the welfare of migrant workers, their families and overseas Filipinos to participate in the democratic decision-making
Filipinos in distress, and for other purposes. processes of the State and to be represented in institutions
relevant to overseas employment is recognized and
Be it enacted by the Senate and House of Representatives of guaranteed.
the Philippines in Congress assembled:
(g) The State recognizes that the ultimate protection to all
SEC. 1. SHORT TITLE. - This act shall be known and cited as the migrant workers is the possession of skills. Pursuant to this
"Migrant Workers and Overseas Filipinos Act of 1995." and as soon as practicable, the government shall deploy
and/or allow the deployment only to skilled Filipino workers.
SEC. 2. DECLARATION OF POLICIES--
(h) Non-governmental organizations, duly recognized as
(a) In the pursuit of an independent foreign policy and while legitimate, are partners of the State in the protection of
considering national sovereignty, territorial integrity, national Filipino migrant workers and in the promotion of their
interest and the right to self-determination paramount in its welfare, the State shall cooperate with them in a spirit of
relations with other states, the State shall, at all times, trust and mutual respect.
uphold the dignity of its citizens whether in country or
overseas, in general, and Filipino migrant workers, in (I) Government fees and other administrative costs of
particular. recruitment, introduction, placement and assistance to
migrant workers shall be rendered free without prejudice to
(b) The State shall afford full protection to labor, local and the provision of Section 36 hereof.
overseas, organized and unorganized, and promote full
employment and equality of employment opportunities for Nonetheless, the deployment of Filipino overseas workers,
all. Towards this end, the State shall provide adequate and whether land-based or sea-based by local service contractors
timely social, economic and legal services to Filipino migrant and manning agencies employing them shall be encouraged.
workers. Appropriate incentives may be extended to them.

(c) While recognizing the significant contribution of Filipino SEC. 3. DEFINITIONS. - For purposes of this Act:
migrant workers to the national economy through their
foreign exchange remittances, the State does not promote (a) "Migrant worker" refers to a person who is to be engaged,
overseas employment as a means to sustain economic is engaged or has been engaged in a renumerated activity in a
growth and achieve national development. The existence of state of which he or she is not a legal resident to be used
the overseas employment program rests solely on the interchangeably with overseas Filipino worker.
assurance that the dignity and fundamental human rights and
freedoms of the Filipino citizens shall not, at any time, be (b) "Gender-sensitivity" shall mean cognizance of the
compromised or violated. The State, therefore, shall inequalities and inequities prevalent in society between
continuously create local employment opportunities and women and men and a commitment to address issues with
promote the equitable distribution of wealth and the benefits concern for the respective interests of the sexes.
of development.
(c) "Overseas Filipinos" refers to dependents of migrant
(d) The State affirms the fundamental equality before the workers and other Filipino nationals abroad who are in
law of women and men and the significant role of women in distress as mentioned in Sections 24 and 26 of this Act.
nation-building. Recognizing the contribution of overseas
migrant women workers and their particular vulnerabilities, I. DEPLOYMENT
the State shall apply gender sensitive criteria in the
formulation and implementation of policies and programs
SEC. 4. Deployment of Migrant Workers - The State shall
affecting migrant workers and the composition of bodies
deploy overseas Filipino workers only in countries where the
tasked for the welfare of migrant workers.
rights of Filipino migrant workers are protected. The
government recognizes any of the following as guarantee on
(e) Free access to the courts and quasi-judicial bodies and the part of the receiving country for the protection and the
adequate legal assistance shall not be denied to any persons rights of overseas Filipino workers:
by reason of poverty. In this regard, it is imperative that an
effective mechanism be instituted to ensure that the rights

ban on the deployment of migrant workers. (i) To substitute or alter to the prejudice of the worker. promising or advertising for employment abroad. information or document or commit any act of misrepresentation for the Illegal recruitment is deemed committed by a syndicate purpose of securing a license or authority under the Labor carried out by a group of three (3) or more persons conspiring Code. 5. contact services. the earnings. utilizing. principals. when undertaken by a non-license or non-holder of agency to become an officer or member of the Board of any authority contemplated under Article 13(f) of Presidential corporation engaged in travel agency or to be engaged Decree No. whether for profit or (j) For an officer or agent of a recruitment or placement not. testimony. (b) It is a signatory to multilateral conventions. non-holder. transporting. period of the expiration of the same without the approval of contracting. illegal actual signing thereof by the parties up to and including the recruitment shall mean any act of canvassing. Illegal document in relation to recruitment or employment. as amended. . SEC. It is deemed committed in large scale if committed against three (3) or more persons (d) To induce or attempt to induce a worker already individually or as a group. in any manner. declaration or resolutions relating to the protection of migrant workers. management or direction of their business shall be liable. Provided. It shall likewise include the following acts. accomplices and accessories. licensee or holder of authority. ILLEGAL RECRUITMENT employment contracts approved and verified by the Department of Labor and Employment from the time of Sec. Code and its implementing rules and regulations. Code of the Philippines. enlisting. (f) To engage in the recruitment of placement of workers in jobs harmful to public health or morality or to dignity of the (c) It has concluded a bilateral agreement or arrangement Republic of the Philippines. placement vacancies. procuring workers the Department of Labor and Employment. in pursuit of the national interest or when public matters or information as may be required by the Secretary welfare so requires. whether a non-licensee. who. and (g) To obstruct or attempt to obstruct inspection by the Secretary of Labor and Employment or by his duly authorized (d) It is taking positive. may. separations from jobs. connection with his documentation and processing for purposes of deployment. hiring. in cases where the deployment (b) To furnish or publish any false notice or information or does not actually take place without the worker's fault. and includes referring.(a) It has existing labor and social laws protecting the rights of (e) To influence or attempt to influence any persons or entity migrant workers. 6. II. (c) To give any false notice.For purposes of this Act. . or confederating with one another. greater than the specified in the schedule of allowable fees and prescribed by the Secretary of Labor and Employment. In case of juridical persons. rights of migrant workers. (h) To fail to submit reports on the status of employment. 442. considerations other than those authorized under the Labor whether committed by any persons. or to make a worker pay any amount greater than that actually (m) Failure to reimburse expenses incurred by the workers in received by him as a loan or advance. that such non-license or non-holder. with the government protecting the rights of overseas Filipino workers. employed to quit his employment in order to offer him another unless the transfer is designed to liberate a worker The persons criminally liable for the above offenses are the from oppressive terms and conditions of employment. TERMINATION OR BAN ON DEPLOYMENT . remittances of foreign exchange Notwithstanding the provisions of Section 4 hereof. offers or promises for a fee (k) To withhold or deny travel documents from applicant employment abroad to two or more persons shall be deemed workers before departure for monetary or financial so engaged. terminate or impose a of Labor and Employment. DEFINITIONS. recruitment when committed by a syndicate or in large scale shall be considered as offense involving economic sabotage. at any time. (l) Failure to actually deploy without valid reasons as (a) To charge or accept directly or indirectly any amount determined by the Department of Labor and Employment. not to employ any worker who has not applied for employment through his agency. concrete measures to protect the representative. the officers having control. otherwise known as the Labor directly on indirectly in the management of a travel agency. departures and such other government.

or however. MANADATORY PERIODS FOR RESOLUTION deployment including claims for actual. this section shall be joint and several. (b) The penalty of life imprisonment and a fine of not less than five hundred thousand pesos (P500. however. plus his salaries for the unexpired Foreign Affairs.000. however. therewith. That the court where the criminal action is first filed shall acquire jurisdiction to the exclusion of other courts. the Labor Arbiters of the National Labor provided shall be without prejudice to any liability which any Relations Commission (NLRC) shall have the priginal and such official may have incurred under other existing laws or exclusive jurisdiction to hear and decide.000. as provided by law. PENALTIES . that the maximum penalty shall be Any compromise/amicable settlement or voluntary imposed if the person illegally recruited is less than eighteen agreement on money claims inclusive of damages under this (18) years of age or committed by a non-licensee or non. the responsible officials to any or all of the following penalties: SEC. Provided. whichever is less.000. shall themselves be jointly and solidarily liable with the more than five hundred thousand pesos (P500. MONEY CLAIMS. 8.Ot In case of termination of overseas employment shall be unlawful for any official or employee of the without just. or other government agencies involved in the portion of his employment contract or for three (3) months implementation of this Act. 10. moral. SEC. 11. This provisions shall be the corresponding information shall be filed in court within incorporated in the contract for overseas employment and twenty-four (24) hours from the termination of the shall be a condition precedent for its approval. Provided. VENUE. or their relatives within the for every year of the unexpired term.SEC. the one (1) day but not more than twelve (12) years and a fine corporate officers and directors and partners as the case may not less than two hundred thousand pesos (P200. in the business of recruiting migrant Non-compliance with the mandatory periods for workers as defined in this Act. out of an employer-employee relationship or by virtue of any law or contract involving Filipino workers for overseas SEC. 9. (b) Suspension for not more than ninety (90) days. the claims arising provisions of this paragraph. If the penalty of imprisonment of not less than six (6) years and the recruitment/placement agency is a juridical being. to engage. Where the preliminary investigation is conducted recruitment/placement agency for any and all claims under by a prosecution officer and a prima facie case is established.Botwithstanding any provision of Provided. . directly or indirectly. 7. PROHIBITION ON OFFICIALS AND EMPLOYEES. exemplary and OF ILLEGAL RECRUITMENT CASES. or the Department of percent (12%) per annum. or the Overseas reimbursement of his placement fee with interest of twelve Workers Welfare Administration. valid or authorized cause as defined by law or Department of Labor and Employment. to hold any appointive public office for five (5) years. the Philippine contract. performance bond to be filed by the recruitment/placement agency. section shall be paid within four (4) months from the holder of authority. corporation or partnership for the aforesaid claims and damages. fourth civil degree of consanguinity or affinity. withheld until the said official complies the same time of the commission of the offense: Provided. The investigation. That the aforestated provisions shall also apply to those criminal actions that have already been filed in court at (c) Dismissal from the service with disqualifications the time of the effectivity of this Act. The penalties shall be imposed resolutions of cases provided under this section shall subject upon them.The preliminary other forms of damages. .000.A criminal action arising from illegal recruitment as defined herein shall be filed with the Regional (a) The salary of any such official who fails to render Trial Court of the province or city where the offense was his decision or resolutions within the prescribed period shall committed or where the offended party actually resides at be. that the penalties herein law to the contrary.00) shall be imposed if period or duration of the employment contract and shall not illegal recruitment constitutes economic sabotage as defined be affected by any substitution. or caused to be. SEC. the workers shall be entitled to the full Overseas Employment Administration. investigations of cases under this Act shall be terminated within a period of thirty (30) calendar days from the date of The liability of the principal/employer and the their filing.00).00) nor more Such liabilities shall continue during the entire than one million pesos (P1. made locally or in a foreign country of the said contract.00) nor be. shall be answerable for all money (a) Any person found guilty of illegal recruitment shall suffer claims or damages that may be awarded to the workers. within ninety (90) rules and regulations as a consequence of violating the calendar days after filing of the complaint. approval of the settlement by the appropriate authority. .000. . amendment or modification herein. If the preliminary investigation is conducted by .

all embassies and consular offices. and the Philippine international standards on human and workers' rights which Overseas Employment Administration shall. of the personal belongings of a deceased worker and all costs attendant thereto shall be borne by the principal and/or local SEC. shall issue travel advisories or disseminate information on labor and employment conditions. serve as a promotion house for their local migrant workers.00). the The provisions of Republic Act No. the Technology Livelihood responsibility of the agency which recruited or deployed the Resource Center (TLRC).The center shall provide the employment is due solely to the fault of the worker. . undertakings. 14. development. All costs attendant to repatriation shall be involved in training and livelihood development shall give borne by or charged to the agency concerned and/or its priority to return who had been employed as domestic principal. . be borne by the OWWA. III. the Technical Education and Skills the transport of his personal belongings shall be the primary Development Authority (TESDA). 18. disasters or calamities. and other non-governmental organizations and MIGRANT WORKERS. PRESCRIPTIVE PERIODS. Such inclusive of outstanding balances.To give utmost priority to the Employment for returning Filipino migrant workers which establishment of programs and services to prevent illegal shall provide a mechanism for their reintegration into the recruitment. ESTABLISHMENT OF RE-PLACEMENT AND MONITORING CENTER. . through employment. 12. within ninety (90) will adequately prepare individuals into making informed and days from the effectivity of this Act. EMERGENCY REPATRIATION FUND. That illegal recruitment cases involving economic However. and other government agencies worker overseas. the Integrated Bar of the SEC. SEC. However.Upon discovery or being informed of volunteer groups. of such discovery and other relevant information. epidemic. all costs attendant to repatriation shall years. . and investment of savings. FREE LEGAL ASSISTANCE. 17. prosecution The Overseas Workers Welfare Administration officer within forty-eight (48) hours from the date of receipt (OWWA). SERVICES SEC. formulate a program that intelligent decisions about overseas employment. in coordination ith appropriate international of the records of the case. fraud. the repatriation of remains and transport helpers and entertainers. in cases where the principal or recruitment agency sabotage as defined herein shall prescribe in twenty (20) cannot be identified. any person who is a victim of repatriate said workers and advise the Department of Foreign illegal recruitment shall be entitled to the Witness Protection Affairs through the fastest means of communication availavle Program provided thereunder. there is hereby created and ENTITLEMENT UNDER THE WITNESS PROTECTION PROGRAM. natural or man- SEC. returning Filipino migrant workers in coordination with the private sector. MANDATORY REPATRIATION OF UNDERAGE Philippines.a judge and a prima facie case is found to exist.000.Illegal recruitment made. the presence of migrant workers whose actual ages fall below the minimum age requirement for overseas deployment. the following service: principal/employer or agency shall not in any manner be responsible for the repatriation of the former and/or his (a) Develop livelihood programs and projects for belongings. 6981 to the responsible officers in the foreign service shall without delay contrary. and adherence of particular countries to Overseas Workers Welfare Administration. agencies.The repatriation of the worker and For this purpose. Likewise. and tap their skills and potentials for national the Philippine Overseas Employment Administration (POEA). livelihood and entrepreneurial development. mechanism must include coordination and cooperation with the Department of Justice. established an emergency repatriation fund under the .000. Labor and Employment including its regional offices. in cases where the termination of MONITORING CENTER. reimbursement by the responsible principal or agency. notwithstanding. SEC. PREFERENTIAL For this purposes.A replacement and monitoring SEC. REPATRIATION OF WORKERS. and exploitation or abuse of Filipino Philippine society. . FUNCTIONS OF THE RE-PLACEMENT AND agency. 15. the other facts. . and other similar events without prejudice to cases under this Act shall prescribe in five (5) years: Provided. initially recruitment shall be established within the Department of to consist of one hundred million pesos (P100. migration realities and The Department of Labor and Employment.A mechanism for free legal assistance for victims of illegal administration control and supervision of the OWWA. however. . Such would motivate migrant workers to plan for productive advisory or information shall be published in a newspaper of options such as entry into highly technical jobs or general circulation at least three (3) times in every quarter. 16. shall undertake the repatriation of workers in cases of war. better wage employment. 13. TRAVEL ADVISORY/INFORMATION center is hereby created in the Department of Labor and DISSEMINATION.

19. including Saturdays. Sundays and holidays. marriage laws and civil and criminal codes in receiving The establishment and operations of the Center countries particularly those with the large numbers of shall be a joint undertaking of the various government Filipinos. the Department of Labor and Employment. the Bureau of (a) Counseling and legal services. The inter-agency committee shall convene to (d) Institute a scheme of registration of identify existing data bases which shall be declassified and undocumented workers to bring them within the purview of shared among member agencies. and workers/overseas Filipinos/Tourists. . agencies. the following existing undocumented workers to register with it within six information: (6) months from the effectivity of this Act. the information contained in existing data bases/files. (e) Human resource development. (h) Monitoring of daily situations. Filipino migrant workers.An Within the premises and under the administrative jurisdiction inter-agency committee composed of the Department of of the Philippine Embassy in countries where there are large Foreign Affairs and its attached agency. and shall be staffed by Foreign Service personnel. The (b) Welfare assistance including the procurement of inter-agency committee shall initially make available to itself medical and hospitalization services. establish a Migrant Workers and Other Overseas Filipinos the Philippine Overseas Employment Administration. Labor and Employment and where there is a concentration of placement and the full utilization of their potentials. countries. 20. there shall be Filipino Overseas. (c) Masterlists of departing/arriving Filipinos. the National Bureau of Investigation. settlement concerned agencies. under pain of having his/her passport cancelled. and the National Statistics Office shall be established to implement a shared government information system for migration. The Department of Tourism. (b) Coordinate with appropriate private and the Department of Foreign Affairs and the Department of government agencies the promotion. the Commission on concentrations of Filipino migrant workers. . (g) Orientation program for returning workers and (d) Statistical profile on Filipino migrant other migrants. to all local recruitment agencies and employers. the government must provide a lawyer and a social worker for the Center. The Resource Center with the following services: Overseas Workers Welfare Administration. development. The Center shall have a counterpart 24-hour information and assistance center at the Department of (d) Provide a periodic study and assessment of job Foreign Affairs to ensure a continuous network and opportunities for returning Filipino migrant workers. Immigration. In countries categorized as highly problematic by . GOVERNMENT INFORMATION SYSTEM FOR MIGRATION. the Center is enjoined to compel shall initially include. but not limited to. advisory and programs to promote order to allow free-flow data exchanges and sharing among social integration such as post-arrival orientation. and community networking services for social integration. (f) Basic data on legal systems. ESTABLISHMENT OF A MIGRANT WORKERS SEC. activities affecting migrant workers and other overseas Filipinos. ESTABLISHMENT OF A SHARED AND OTHER OVERSEAS FILIPINOS RESOURCE CENTER. re. such as training (b) Inventory of pending legal cases involving and skills upgrading. a computer-based information system the Chief of Mission informed and updated on all matters on skilled Filipino migrant workers which shall be accessible affecting it. including those serving prison terms. service attaches or (g) List of labor and other human rights instruments officers who represent other organizations from the host where receiving countries are signatories. The second phase shall involve linkaging of computer facilities in (c) Information. SEC. (f) Gender sensitive programs and activities to assist particular needs of women migrant workers. the Department of Justice. Filipino migrant workers and other Filipino nationals. The Labor Attache (c) Institute in cooperation with other government shall coordinate the operation of the Center and shall keep agencies concerned. coordinative mechanism at the home office. For this purpose. circumstances and (e) Blacklisted foreigners/undesirable aliens. The Center shall be open for twenty-four (24) hours daily. immigration policies. both public and private. These shared data bases this Act. (a) Masterlists of departing/arriving Filipinos.

procedures and criteria and other overseas Filipinos and extend immediate assistance for the provisions of legal assistance services to Filipino including the repatriation of distressed or beleaguered migrant workers. He shall have the rank. in coordination with appropriate entities family assistance loan. 24. to (I) Listing of overseas posts which may render other overseas Filipinos including the grant of legal assistance assistance to overseas Filipinos. when necessary employment of Filipino workers Loan Guarantee Fund is hereby created and the revolving taking into consideration their welfare and the domestic amount of one hundred million pesos (P100. (b. migrant workers and other overseas Filipinos.1) Philippine Overseas Employment SEC. MIGRANT WORKERS LOAN GUARANTEE Administration .The Department. 23. the Department of Foreign Affairs shall fully apprise services to be provided to Filipino migrant workers as well as the Filipino migrant workers of the existence and overseas Filipinos in distress. the OWWA is set aside as a guarantee fund in favor of participating government financial institutions. 21. LEGAL ASSISTANT FOR MIGRANT WORKERS Assistant for Migrant Workers Affairs created under this Act. AFFAIRS.The Department of Foreign Affairs is mandated to obligations by agencies or entities and/or by their principals. through its home office or foreign posts. as far as practicable and through the Legal SEC. declaration or resolutions concerned to conferences or conciliation meetings for the pertaining to the protection of migrant workers' rights. assessment of rights and avenues of redress under international and regional human rights systems that are V. (h) A tracking system of past and present gender (b) Department of Labor and Employment . GOVERNMENT AGENCIES The said Legal Assistant for Migrant Workers Affairs SEC. The purpose of settling the complaints or problems brought to his Department of Foreign Affairs is also mandated to make an attention. in particular. the coordinating officer SEC. IV.The disaggregated cases involving male and female migrant Department of Labor and Employment shall see to it that workers. as far as applicable. .In order to further prevent unscrupulous illegal provided under Sections 29 and 30 herein.000. the OWWA. and labor and social welfare laws in the foreign countries are fairly applied to migrant workers and whenever applicable. he shall make acceptance or adherence of countries receiving Filipino representation and may call on the agencies or entities workers to multilateral convention. THE LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS available to Filipino migrant workers who are victims of abuse and violation and. It shall also formulate and schemes that will expand the grant of pre-departure loan and implement. For this purpose.Subject to deregulation and phase out as FUND. (b. in coordination with and overseas placement of workers by setting up a licensing government financial institutions. all overseas Filipinos: candidate to an elective office in the last local or national elections. In the performance of this functions. shall institute financing and registration system.00) from manpower requirements. . RIGHTS AND ENFORCEMENT MECHANISM shall provide the Filipino migrant worker and his family all the UNDER INTERNATIONAL AND REGIONAL HUMAN RIGHTS assistance they may need in the enforcement of contractual SYSTEMS. the Administration recruiters from taking advantage of workers seeking shall regulate private sector participation in the recruitment employment abroad. . ROLE OF GOVERNMENT AGENCIES. and privileges equal to that of an undersecretary of said Department.There is hereby created the position of Legal pursue the same on behalf of the victim if it is legally Assistant for Migrant Workers Affairs under the Department impossible to file individual complaints. (b) To establish close linkages with the Department of Labor and Employment. shall Among the functions and responsibilities of the take priority action its home office or foreign posts. . a Migrant Workers concerned. If a complaints of Foreign Affairs who shall be primarily responsible for the machinery is available under international or regional provision and overall coordination of all legal assistance systems.2) Overseas Workers Welfare Administration - The Welfare Officer or in his absence.000. salary effectiveness of such legal options. in general. 22. the POEA. (a) Department of Foreign Affairs.The shall be appointed by the President and must be of proven following government agencies shall perform the following to competence in the field of law with at least ten (10) years of promote the welfare and protect the rights of migrant experience as a legal practitioner and must not have been a workers and. shall take aforesaid Legal Assistant are: priority action or make representation with the foreign authority concerned to protect the rights of migrant workers (a) To issue the guidelines. and migrant and the referral to proper medical centers or hospitals: workers. . the OWWA and other . undertake the necessary initiative such as promotions.

Pursuant to a progressive policy fees for the foreign lawyers to be hired by the Legal of deregulation whereby the migration of workers becomes Assistance for Migrant Workers Affairs to represent migrant strictly a matter between the worker and his foreign workers facing charges abroad.000. 537. all officers. temporary release of workers under detention. VI. ambassador. on a per country basis. such consulates shall also constitute part of the defense fund to help migrant workers shall.government agencies concerned. in particular. the DOLE within one (1) year from the effectivity of this Act. may recommend to the Secretary of the Department of herein after referred to as Legal Assistance fund. of this Act. Pending investigation by an appropriate Welfare Fund for Overseas Workers established under Letter body in the Philippines. regardless of their mother agencies shall. . PRIORITY CONCERNS OF PHILIPPINE the Integrated Bar of the Philippines and other bar FOREIGN SERVICE POSTS. representatives and order to assist him in the effective discharge of the above personnel of the Philippine government posted abroad functions. provide legal assistance to migrant workers.TEAM APPROACH (c) To tap the assistance of reputable law firms and SEC. series of 1993. as amended by Presidential Decree may be placed under preventive suspension by the Nos. In the implementation of the country-team approach.00) from the Contingency Fund of the President. and form part of. as well as with non. and of the dignity and fundamental rights and freedoms of the Filipino citizen abroad. The Legal Assistance Fund created under the preceeding section shall be used exclusively to provide legal VII. court fees governmental organizations assisting migrant workers. in the case of officers.The country team approach. migrant workers established under Section 25 hereof and to The protection of the Filipino migrant workers and the authorize disbursements there from in accordance with the promotion of their welfare.00) to personnel of the Philippine government posted abroad for be constituted from the following sources: acts inimical to the national interest such as. domestic or foreign. Any balances of existing fund which have been set In host countries where there are Philippine aside by the government specifically as legal assistance or consulates. Foreign Service Posts. ensure effective coordination and cooperation in the provision of legal assistance to migrant workers. USES OF THE LEGAL ASSISTANCE FUND. to be turned over to. the Fund created under this Act. bail bonds to secure the employer. and personnel of other departments. . failure to provide the necessary services to protect the rights of overseas Filipinos. COUNTRY-TEAM APPROACH. 29. 25. to and charges and other litigation expenses. in country-team approach. in general. representatives and Presidential Social Fund. 27.Under the have authority to hire private lawyers. The legal Assistant for Migrant Workers Affairs shall SEC. 28. In this regard.000. upon effectivity country-team under the leadership of the ambassador.00) from the Affairs shall. as associations to complement the government's efforts to enunciated under Executive Order No.000. in the Foreign Affairs the recall of officers. Upon receipt of the recommendation of the ambassador. - support and information. the person recommended for recall of Instruction No.There is hereby leadership of the ambassador. the Secretary of the Department of Foreign Thirty million pesos (P30. DEREGULATION AND PHASE-OUT services to migrant workers and overseas Filipinos in distress in accordance witht the guidelines.000. the ambassador established a legal assistance fund for migrant workers. but not limited to.000. 26. visiting Philippine delegations shall be provided full SEC. The SEC. is hereby mandated to formulate a five-year . 74. 1694 and 1809. Fifty million pesos (P50. COUNTRY .000. criteria and procedures promulgated in accordance with Section 24 (a) hereof. endorse such recommendation to the department secretary concerned for Twenty million pesos (P20. act as one country-team with a mission under the SEC. shall be the mode under which Philippine embassies or their personnel will operate in the protection of the Filipino (d) To administer the legal assistance fund for migrant workers as well as in the promotion of their welfare. COMPREHENSIVE DEREGULATION PLAN ON expenditures to be charged against the Fund shall include the RECRUITMENT ACTIVITIES. shall be the highest priority (e) To keep and maintain the information system as concerns of the Secretary of Foreign Affairs and the Philippine provided in Section 20. LEGAL ASSISTANCE FUND . and the protection purposes for which the fund was set up.00) from the appropriate action.000. representatives and amount of One hundred million pesos (P100. .000.

The initial seed fund of two hundred million submit to the said body a semi-annual report of Philippine pesos (P200. . (c) Problems encountered by the migrant workers. of the country and emergency circumstances which may affect the welfare of migrant workers. sea-based and land-based sectors. all fees MEMBERSHIPS. 32. further. .comprehensive deregulation plan on recruitment activities (f) Status of negotiations on bilateral labor taking into account labor market trends. 35. .In order to inform benefit deserving migrant workers and/or their immediate the Philippine Congress on the implementation of the policy descendants below twenty-one (21) years of age who intent enunciated in Section 4 hereof.All laws to the country notwithstanding. the DOLE shall phase out the regulatory SEC. SCHOLARSHIP FUND. NON-INCREASE OF FEES. INCENTIVES TO PROFESSIONALS AND OTHER Provided. respectively. the objective of empowering overseas Filipinos to participate in the policy-making process to address Filipino migrant VII.Upon approval of this Act. REPRESENTATION IN CONGRESS. members each who shall come from the women.000. . the Department of Foreign to pursue courses or training primarily in the field of science Affairs and the Department of Labor and Employment shall and technology. technology to participate in. To carry out the objectives of this section. 31. have three (3) shall be established. MISCELLANEOUS PROVISIONS SEC.Notwithstanding any provision of law to the being charged by any government office on migrant workers contrary. THE CONGRESSIONAL MIGRANT WORKERS President in the same manner as the other members. and the DOST shall formulate the necessary rules and regulations. EXEMPTION FROM TRAVEL TAX AND adequate incentives and programs so as to secure their AIRPORT FEE. and equal sharing by all members of Congress. . PROFESSIONAL AND OTHER HIGHLY-SKILLED FILIPINOS concerns. Article VI of the Constitution and in line with deregulation. 33. . and . the DOLE posts to address the problems of Filipino migrant workers. the services in priority development areas of the public and migrant worker shall be exempt from the payment of travel private sectors. two (2) sectoral representatives for migrant ABROAD workers in the House of Representatives shall be appointed by the President from the ranks of migrant workers: SEC. ADDITIONAL REPATRIATION BOND.000. Fund as herein created shall be administered by the DOLE in coordination with the Department of Science and Technology (d) Initiative/actions taken by the Philippine foreign (DOST).000. POEA AND OWWA BOARD. Lotto.000. and contribute to national development. 34. that at least one (1) of the two (2) sectoral HIGHLY-SKILLED FILIPINOS ABROAD. . to be appointed by the SEC. Any officer of the government who fails to report as stated in the preceeding section shall be subjected to SEC. The report shall not be limited to the following information: (a) Fifty million pesos (P50. economic conditions agreements between the Philippines and the host country.There is hereby created a Congressional Migrant Workers Scholarship Fund which shall SEC.000.Pursuant to the representatives shall come from the women migrant workers objective of encouraging professionals and other highly. REPORT TO CONGRESS.00) shall be constituted from the foreign posts located in countries hosting Filipino migrant following sources: workers. 37. GRADUAL PHASE-OUT OF REGULATORY administrative penalty. tax and airport fee upon proper showing of proof of entitlement by the POEA.00) shall be funded from the proceeds of (b) Working conditions of Filipino migrant workers. 30.000. the respective Boards of the POEA and the OWWA shall remain at their present levels and the repatriation bond shall. . (b) The remaining one hundred fifty million pesos (P150. FUNCTIONS. IX. sector: Provided. (e) Changes in the laws and policies of host countries. and inventory of pending cases involving them and other Filipino nationals including those serving prison terms. in addition to their present composition.00) from the unexpected Countrywide Development Fund for 1995 in (a) Masterlist of Filipino migrant workers.Pursuant functions of the POEA pursuant to the objectives of to Section 3(2). ABOLITION OF SEC. the government shall provide proper and SEC. 36. The Congressional Migrant Workers Scholarship specifically violations of their rights.Within a period of five (5) years from the effectivity of this Act. that all nominees must have at least skilled Filipinos abroad especially in the field of science and two (2) years experience as a migrant worker.

The departments and agencies charged with carrying out the provisions of this Act shall.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. . 43. . SEC. SEPARABILITY CLAUSE. formulate the necessary rules and regulations for its effective implementation. . EFFECTIVITY CLAUSE. SEC. 41.If. SEC. APPROPRIATION AND OTHER SOURCES OF FUNDING. SEC.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. 38. the other sections or provisions hereof shall not be affected thereby. within ninety (90) days after the effectivity of this Act. for any reason. rules and regulations. . . executive orders. any section or provision of this Act is held unconstitutional or invalid.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. . . decrees. 40. SEC. 39.All laws. SEC. MIGRANT WORKERS DAY. 42. IMPLEMENTING RULES AND REGULATIONS. REPEATING CLAUSE. or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.