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G.R. No.

167614 March 24, 2009  Gallant appealed to NLRC to question the finding of the LA that
petitioner was illegally dismissed.
ANTONIO M. SERRANO, vs.Gallant MARITIME SERVICES, INC.  Petitioner also appealed to the NLRC on the sole issue that the LA
erred in not applying the ruling of the Court in Triple Integrated
For Antonio Serrano a Filipino seafarer, the last clause in the 5th paragraph Services, Inc. v. National Labor Relations Commission that in case of
of Section 10, Republic Act (R.A.) No. 8042, 2 to wit: illegal dismissal, OFWs are entitled to their salaries for the unexpired
portion of their contracts.
Sec. 10. Money Claims. - x x x In case of termination of overseas employment
without just, valid or authorized cause as defined by law or contract, the NLRC Decision: same 3 months of the unexpired portion
workers shall be entitled to the full reimbursement of his placement fee with
interest of twelve percent (12%) per annum, plus his salaries for the CA Decision: CA affirmed the NLRC ruling on the reduction of the
unexpired portion of his employment contract or for three (3) months for every applicable salary rate; however, the CA skirted (avoided) the
year of the unexpired term, whichever is less. constitutional issue raised by petitioner.25

Serrano was hired by Gallant Maritime Services, Inc. and Marlow Navigation Issue: WON Section 10 of Republic Act No. 8042 is unconstitutional
Co., Ltd. (respondents) under a Philippine Overseas Employment
Administration (POEA)-approved Contract of Employment 1. Dismissal was illegal.

On the date of his departure, petitioner was constrained(forced) to accept a The Court's Ruling
downgraded employment contract for the position of Second Officer with a
monthly salary of US$1,000.00, upon the assurance and representation of The Court sustains petitioner on the first and second issues.
respondents that he would be made Chief Officer by the end of April 1998.
 The issue is deemed seasonably raised because it is not the NLRC
Gallant did not deliver on their promise to make petitioner Chief but the CA which has the competence to resolve the constitutional
Officer. Hence, petitioner refused to stay on as Second Officer and was issue.
repatriated to the Philippines on May 26, 1998.  The NLRC is a labor tribunal that merely performs a quasi-judicial
function – its function in the present case is limited to determining
Petitioner's employment contract was for a period of 12 months but he had questions of fact to which the legislative policy of R.A. No. 8042 is to
served only 2 months and 7 days of his contract, leaving an unexpired be applied and to resolving such questions in accordance with the
portion of 9 months and 23 days. standards laid down by the law itself; thus, its foremost function is
to administer and enforce R.A. No. 8042, and not to inquire into the
Petitioner filed with the Labor Arbiter (LA) a Complaint against respondents validity of its provisions.
for constructive dismissal and for payment of his money claims plus  The CA, on the other hand, is vested with the power of judicial
damages. review or the power to declare unconstitutional a law or a provision
thereof, such as the subject clause. Petitioner's interposition of the
LA Decision: Pet was illegally dismissed and ordered pmt of equal to 3 mos constitutional issue before the CA was undoubtedly seasonable. The
of the unexpired portion of the aforesaid contract of employment plus salary CA was therefore remiss (negligent) in failing to take up the issue in
differential- decision based on the salary period of three months only -- its decision.
rather than the entire unexpired portion of nine months and 23 days of
petitioner's employment contract - applying the subject clause. 1. Does the subject clause violate Section 10,Article III of the Constitution on non-
impairment of contracts?

 No, Section 10, Article III of the Constitution provides:No law Such rights are not absolute but subject to the inherent power of Congress to
impairing the obligation of contracts shall be passed. incorporate, when it sees fit, a system of classification into its legislation;
however, to be valid, the classification must comply with these requirements:
The prohibition is aligned with the general principle that laws newly 1) it is based on substantial distinctions; 2) it is germane to the purposes of
enacted have only a prospective operation,and cannot affect acts or contracts the law; 3) it is not limited to existing conditions only; and 4) it applies
already perfected; however, as to laws already in existence, their provisions equally to all members of the class.
are read into contracts and deemed a part thereof. Thus, the non-impairment
clause under Section 10, Article II is limited in application to laws about to be The Court concludes that the subject clause contains a suspect
enacted that would in any way derogate from existing acts or contracts by enlarging, classification in that, in the computation of the monetary benefits of fixed-term
abridging or in any manner changing the intention of the parties thereto. employees who are illegally discharged, it imposes a 3-month cap on the claim of
OFWs with an unexpired portion of one year or more in their contracts, but none
But even if the Court were to disregard the timeline, the subject clause on the claims of other OFWs or local workers with fixed-term employment.
may not be declared unconstitutional on the ground that it impinges on the The subject clause singles out one classification of OFWs and burdens it with a
impairment clause, for the law was enacted in the exercise of the police peculiar disadvantage.
power of the State to regulate a business, profession or calling, particularly
the recruitment and deployment of OFWs, with the noble end in view of There being a suspect classification involving a vulnerable sector protected
ensuring respect for the dignity and well-being of OFWs wherever they may by the Constitution, the Court now subjects the classification to a strict
be employed. Police power legislations adopted by the State to promote the judicial scrutiny, and determines whether it serves a compelling state
health, morals, peace, education, good order, safety, and general welfare of interest through the least restrictive means.
the people are generally applicable not only to future contracts but even to
those already in existence, for all private contracts must yield to the superior What constitutes compelling state interest is measured by the scale of
and legitimate measures taken by the State to promote public welfare. rights and powers arrayed in the Constitution and calibrated by history.

2. Does the subject clause violate Section 1, Article III of the Constitution, and In the present case, the Court dug deep into the records but found no
Section 18,Article II and Section 3, Article XIII on labor as a protected sector? compelling state interest that the subject clause may possibly serve.

YES. In fine, the Government has failed to discharge its burden of proving the
existence of a compelling state interest that would justify the perpetuation of
Section 1, Article III of the Constitution guarantees: No person shall be deprived the discrimination against OFWs under the subject clause.
of life, liberty, or property without due process of law nor shall any person be denied
the equal protection of the law. Thus, the subject clause in the 5th paragraph of Section 10 of R.A. No. 8042 is
violative of the right of petitioner and other OFWs to equal
Section 18, Article II and Section 3, Article XIII accord all members of the protection.1avvphi1
labor sector, without distinction as to place of deployment, full protection of
their rights and welfare. While all the provisions of the 1987 Constitution are presumed self-
executing,132 there are some which this Court has declared not judicially
To Filipino workers, the rights guaranteed under the foregoing constitutional enforceable, Article XIII being one, particularly Section 3 thereof, the nature of
provisions translate to economic security and parity: all monetary benefits which, this Court, in Agabon v. National Labor Relations Commission, has
should be equally enjoyed by workers of similar category, while all monetary described to be not self-actuating:
obligations should be borne by them in equal degree; none should be denied
the protection of the laws which is enjoyed by, or spared the burden imposed Thus, the constitutional mandates of protection to labor and security of
on, others in like circumstances. tenure may be deemed as self-executing in the sense that these are

automatically acknowledged and observed without need for any enabling Petitioner contends that his overtime and leave pay should form part of the
legislation. salary basis in the computation of his monetary award, because these are
fixed benefits that have been stipulated into his contract.
Ultimately, therefore, Section 3 of Article XIII cannot, on its own, be a
source of a positive enforceable right to stave off the dismissal of an Petitioner is mistaken.
employee for just cause owing to the failure to serve proper notice or
hearing. As manifested by several framers of the 1987 Constitution, the The word salaries in Section 10(5) does not include overtime and leave pay.
provisions on social justice require legislative enactments for their For seafarers like petitioner, DOLE Department Order No. 33, series 1996,
enforceability. provides a Standard Employment Contract of Seafarers, in which salary is
understood as the basic wage, exclusive of overtime, leave pay and other
Thus, Section 3, Article XIII cannot be treated as a principal source of direct bonuses; whereas overtime pay is compensation for all work "performed" in
enforceable rights, for the violation of which the questioned clause may be excess of the regular eight hours, and holiday pay is compensation for any
declared unconstitutional. It may unwittingly risk opening the floodgates of work "performed" on designated rest days and holidays.
litigation to every worker or union over every conceivable violation of so
broad a concept as social justice for labor. By the foregoing definition alone, there is no basis for the automatic
inclusion of overtime and holiday pay in the computation of petitioner's
It must be stressed that Section 3, Article XIII does not directly bestow on monetary award, unless there is evidence that he performed work during
the working class any actual enforceable right, but merely clothes it with the those periods. As the Court held in Centennial Transmarine, Inc. v. Dela
status of a sector for whom the Constitution urges protection through Cruz,138
executive or legislative action and judicial recognition. Its utility is best
limited to being an impetus(DRIVE,PUSH) not just for the executive and However, the payment of overtime pay and leave pay should be disallowed
legislative departments, but for the judiciary as well, to protect the welfare of in light of our ruling in Cagampan v. National Labor Relations Commission,
the working class. to wit:

Along the same line of reasoning, the Court further holds that the subject The rendition of overtime work and the submission of sufficient proof that
clause violates petitioner's right to substantive due process, for it deprives said was actually performed are conditions to be satisfied before a seaman
him of property, consisting of monetary benefits, without any existing could be entitled to overtime pay which should be computed on the basis of
valid governmental purpose.136 30% of the basic monthly salary. In short, the contract provision guarantees
the right to overtime pay but the entitlement to such benefit must first be
The subject clause does not state or imply any definitive governmental established.
purpose; and it is for that precise reason that the clause violates not just
petitioner's right to equal protection, but also her right to substantive due In the same vein, the claim for the day's leave pay for the unexpired portion
process under Section 1, Article III of the Constitution. of the contract is unwarranted since the same is given during the actual
service of the seamen.
The subject clause being unconstitutional, petitioner is entitled to his salaries
for the entire unexpired period of nine months and 23 days of his
employment contract, pursuant to law and jurisprudence prior to the
enactment of R.A. No. 8042.

On the Third Issue

Inc. and  For a workers dismissal to be considered valid. moral damages. immediate repatriation. This telex was given credibility and weight by the Labor Arbiter dismissed. exemplary damages. et The CA Decision : Reversed NLRC decision for relying to the telex msg of al. the telex message is a biased and self-serving document and affirmed the Labor Arbiters decision that does not satisfy the requirement of substantial evidence.s appeal for lack of merit ruled by the CA. vessel capt that pet vol preterminated their contracts . should have submitted their written resignations. et al.  (1) the 1st notice apprises the employee of the particular acts or omissions for which his dismissal is sought. et al. The legality of the manner of reimbursement of De Gracia. Cosmoship furnished a written notice (telex) to Skippers. salaries for the unexpired portion of their employment contracts. (Skippers) for unremitted home allotment .  Procedural due process in dismissal cases consists of the twin The Decision of the Labor Arbiter requirements of notice and hearing. De Gracia. voluntarily pre-terminated their contracts. and NLRC in deciding that there was pre-termination of the employment contract akin to resignation and no illegal dismissal. and The Labor Arbiter dismissed De Gracia.. as dismissal constitutes procedural due process. it must comply with attorneys fees. De Gracia. dismissal constitutes substantive due process. requires that dismissal employment contract under Article 285 of the Labor Code. INC versus NATHANIEL DOZA. Due to the absence of illegal dismissal. answered with a claim for both procedural and substantive due process. there was no written notice furnished to De Gracia. on the other hand. et al. al. Ltd. but modify the award. SC Ruling: CA decision affirmed. Lata (Lata). as correctly The NLRC Decision : dismissed De Gracia. regarding the cause of their dismissal. Skippers Maritime Services. The Labor Arbiter gave weight and credibility to the telex of the master of the vessel to Skippers. The employer must furnish the employee with two written notices before the termination of The Labor Arbiter rendered his Decision dismissing herein action for lack of employment can be effected: merit. Isidro L. If. Inc. contract is akin to resignation. claiming that De Gracia. Charlie Aprosta (Aprosta). Skippers. et.SKIPPERS UNITED PACIFIC.s claim for salaries were repatriated because the latter voluntarily pre-terminated their representing the unexpired portion of their employment contracts was contracts. demanded for < In this case. claiming that De Gracia. et al. et al. Before the issuance of the by demanding for immediate repatriation due to dissatisfaction with the second notice. on the other hand. and claims are baseless. Nathaniel Doza (Doza) against local manning agency Skippers United Pacific. by the employer be made under a just or authorized cause under Articles 282 to 284 of the Labor Code. The Issues The Case b) The Court of Appeals seriously erred in finding petitioners liable to pay backwages and the alleged unremitted home allotment pay This arose from consolidated labor case4 filed by seafarers Napoleon despite the finding of the Labor Arbiter and the NLRC that the De Gracia (De Gracia). while the legality of the act of well as award of moral damages and attorneys fees. a form of termination by employee of his  Substantive due process. and its foreign principal. et al. Aprosta and Latas repatriation expenses. the requirement of a hearing must be ship. However. then De Gracia. indeed. the local manning agency. complied with by giving the worker an opportunity to be heard.s complaint for illegal dismissal  (2) the 2nd notice informs the employee of the employers because the seafarers voluntarily pre-terminated their employment contracts decision to dismiss him. It is not necessary that an actual hearing be The Labor Arbiter held that such voluntary pre-termination of employment conducted.

in cases of illegal dismissal. Given that provision. however. et al. 8042 (Migrant Workers Act) provides for money claims in cases of unjust termination of employment contracts: In case of termination of overseas employment without just. whichever is less. if any. in 24 March 2009. whichever is less. employment contract by serving written notice on the employer at least one (1) month in advance. Serrano v. states that the allotment actually constitutes at least eighty percent (80%) of the seafarers salary: The declaration in March 2009 of the unconstitutionality of the clause or for  The seafarer is required to make an allotment which is payable once three months for every year of the unexpired term. Section 8 of POEA Memorandum 10022. The Migrant Workers Act provides that salaries for the unexpired portion of the employent contract or three (3) months for every year of the unexpired term. Circular No. 55. unconstitutional the clause or for three months for every year of the unexpired term. Inc. whichever is less in RA a month to his designated allottee in the Philippines through any 8042 shall be given retroactive effect to the termination that occurred in authorized Philippine bank. it is safe to presume that the employer terminated the seafarersFor these the provision of awarding the unexpired portion of the employent contract reasons.  Contrary to the claim of the Labor Arbiter and NLRC that the home Nevertheless. provide the seafarer with facilities to do so at no expense to the imposes no duties and affords no protection. 10022 (RA 10022) requirement of a written notice of resignation. series of 1996. and once again reiterated resignation. the workers shall be entitled to the full reimbursement of his placement fee with 12% interest per annum. The master/employer/agency shall January 1999 because an unconstitutional clause in the law confers no rights. or three (3) months for every year of the unexpired term. Gallant Maritime Services and Marlow Navigation Co. we shall apply RA 8042. was illegal. the dismissal of De Gracia. declared . the law contemplates the On 8 March 2010. shall be awarded to the overseas Filipino worker. in an En Banc Decision. whichever is less and awarded the entire unexpired portion Article 285 of the Labor Code recognizes termination by the employee of the of the employment contract to the overseas Filipino worker. as if it was not passed into law at all. However..  Section 10 of Republic Act No. since the termination occurred on January 1999 before the allotment pay is in the nature of extraordinary money where the passage of the amendatory RA 10022. burden of proof is shifted to the worker who must prove he is as unamended. The unconstitutional provision is seafarer. whichever is less. The allotment shall be at least eighty percent (80%) of the inoperative. seafarers monthly basic salary including backwages. Section 7 of Republic Act No.58 the Court. In the absence of a written amended Section 10 of the Migrant Workers Act. without touching on the constitutionality of Section 7 of RA entitled to such monetary benefit. plus his salaries for the unexpired portion of his employment contract or for three (3) months for every year of the unexpired term. valid or authorized cause as defined by law or contract.

J. petitioners are deemed illegally dismissed and hence entitled to backwages we cannot but rule that the complainant was illegally dismissed. respondent as valid and dismissing the money claim for lack of merit. ISSUE: Whether or not petitioner workers are regular employees. The following day. No. March 5. special class of workers who were hired because of political and civic accommodation. thumb. A Writ of Execution was issued for the reinstatement and payment of backwages.” Every 6 months. The fact that after the expiry of their 6 month contract. (G. bills is necessary to the business of respondent bank. these 27 that the dismissal of complainant was for a valid cause. Capili while handling a piece of glass which he was working on. who were hired as money sorters under uniform “Employment apprentice machinist. 1993. The complainant being for illegal dismissal (among others) it then behooves Therefore.The NLRC declared that private respondent was a regular bodied person. as early as May 28. Labor Arbiter Libo-on called for a conference at which only private respondent's representative was present. Absent such proof. 90349. GR No. backwages. The task of counting and sorting our 1987 Constitution. G. YES. after office hours. the petitioners performed these tasks for more than six months. with a Contracts for Handicapped Workers. molder and core maker for a period of 6 mos. On January 28. and that Capili was a regular Labor Code which defines regular employment to be that the employee has employee under Article 280 of the Labor Code. 122917. This being so. And that the Bank’s corporate philosophy does not allow Later that same day. No. and separation pay. but a hospital. who been engaged to perform activities usually necessary or desirable in the thus enjoyed the security of tenure guaranteed in Section 3. 1995 Far East Bank (Respondent) entered into employment contracts with deaf. The Labor Arbiter ruled in favor of respondent bank power press machines without authority and in the process injured his left workers.R. accidentally hit and injured the leg of an office secretary who was treated at a nearby Respondent argued that complainants were not regular employees. petitioners are regular employees. NLRC affirmed. et al. The Magna Carta for Disabled Persons mandates that a qualified disabled NLRC reversed the decision and ordered Capili’s reinstatement plus employee should be given the same terms of employment as a qualified able. NLRC. Capili formally filed before the NLRC Arbitration Branch.R. 286 of the employee and not a plain "apprentice. 3rd Div. The complainants here complain that they were regular employees and that they have been illegally dismissed.1990. the 27 petitioners should be deemed regular employees entitled to upon Nitto. respondent bank renewed their contracts shows that these The Labor Arbiter rendered his decision finding the termination of private workers were qualified to perform the responsibilities of their positions.. 227(b) and as ruled in Edwin Gesulgon vs. Article XIII of usual business or trade of the employer. a complaint for illegal dismissal and payment of other monetary benefits. he entered a workshop within the the hiring and regularizing handicapped workers unless it was on a special office premises which was not his work station and operated one of the arrangement basis. July 12. 1994. Their services may only be terminated for a just and NLRC. Feliciano.BERNARDO vs. He executed a Quitclaim and Release in favor of Nitto HELD: Three days after. these workers daily wage rate of 75% of the applicable minimum wage. . pursuant to Art. 114337 September 29. NLRC and FAR EAST BANK. petitioners are thus covered by Art. Except for sixteen of them. renewed their employment contracts. 1999 NITTO ENTERPRISES vs.) to prove authorized cause. security of tenure. Because respondents failed to show such cause. Capili was asked to resign in a letter. Nitto Enterprises hired Roberto Capili sometime in May 1990 as an mutes.

Hence. 168 SCRA 122. vs. the dismissal becomes In the case at bench. The law requires that the employer must furnish the worker sought to be dismissed with two (2) written notices before termination of employee can The act of filing the proposed apprenticeship program with the DOLE is a be legally effected: preliminary step towards its final approval and does not instantaneously give rise to an employer-apprentice relationship. whether such service is continuous or broken. any employee who has rendered at the Minister of Labor and Employment. a condition sine quo non before an apprenticeship agreement can be validly entered into. except where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at . 2-6 Rule as a regular employee of petitioner as defined by Article 280 of the Labor XIV. substantive and procedural. 182 SCRA 365 [1990]). 185 SCRA 498 [1990]. vs. Book V. Contents of apprenticeship agreement. That. before valid dismissal exists. since the apprenticeship agreement between petitioner and private respondent has no force and effect in the absence of a valid apprenticeship (2) the subsequent notice which informs the employee of the program duly approved by the DOLE. usually necessary or desirable in the usual business or trade of the employer. An employment shall be deemed to be casual if it is not covered by the including the main rates of apprentices. assistance of his representative. NLRC. Ruffy vs. — Apprenticeship agreements. NLRC. The law is clear on this matter. This procedure is mandatory. where the employee has been engaged to perform activities which are Jr. Regular and Casual Employment. 13. shall conform to the rules issued by preceding paragraph: Provided. per cent of the applicable minimum wage. Art. which in no case shall start below 75% employed and his employment shall continue while such activity exists. National Service Corp. Without which. Article 61 of the Labor Code provides: the season. — The provisions of Failure to comply with the requirements taints the dismissal with written agreement to the contrary notwithstanding and regardless of the oral illegality. must be complied with. Rules and Regulations Implementing the Labor Code Code: as amended).Issue: WON Capili was an apprentice the time of the engagement of the employee or where the work or services to be performed is seasonal in nature and the employment is for the duration of NO. may be entered into only in (Emphasis supplied) accordance with apprenticeship program duly approved by the Minister of Labor and Employment. NLRC. in the absence of which. Nitto did not comply with the requirements of the law which mandates that The twin requirements of notice and hearing constitute the essential apprenticeship agreements entered into by the employer and apprentice elements of due process. The period of apprenticeship shall least one year of service. if he so desires. any agreement of the parties. Apprenticeship agreements providing for wage rates be considered a regular employee with respect to the activity in which he is below the legal minimum wage. The Ministry shall develop standard model There is an abundance of cases wherein the Court ruled that the twin programs of apprenticeship. Prior approval by the DOLE of the proposed apprenticeship program is. This simply means that the employer shall afford shall be entered only in accordance with the apprenticeship program duly the worker ample opportunity to be heard and to defend himself with the approved by the Minister of Labor and Employment. Capili should rightly be considered employer's decision to dismiss him (Sec. (emphasis supplied) requirements of due process. 1990 but was filed only at a later date. the apprenticeship agreement between Nitto and Capili void. an employment shall be deemed to be regular judgment reached by management is void and in existent (Tingson. and Hence. Sec. (1) notice which apprises the employee of the particular acts or omissions for which his dismissal is sought. was executed on May 28. 280. shall not exceed six months. BP 130. therefore.

in relation to the school. No. 1992 FILAMER CHRISTIAN INSTITUTE. the law imposes orchestrating the latter's alleged resignation and subsequent execution of a upon it the vicarious liability for acts or omissions of its employees. Allan Masa. indication that such resignation was not voluntary and deliberate. Hence. Issue: WON Funtecha is an employee of Filamer YES. vs. it being sufficient that the act of driving at the time of the incident was for the benefit of the petitioner. a clear the unskilled manner by which Funtecha drove the vehicle. In the absence of evidence that the petitioner had exercised the diligence of a Petitioner cannot disguise the summary dismissal of private respondent by good father of a family in the supervision of its employees. Masa and Fuentecha live in the same house. Quitclaim and Release. the fact that Funtecha was not the school driver or was not acting within the scope of his janitorial duties does not relieve the petitioner of the burden of rebutting the presumption juris tantum that there was negligence on its part either in the selection of a servant or employee. He need not have an official appointment for a driver's position in order that the petitioner may be held responsible for his grossly negligent act. to take over the vehicle while the latter was on his way home one late afternoon. Having a student driver's license. . A judicious examination of both events belies any spontaneity on private respondent's part. Funtecha requested the driver. 75112 August 17. thus. and was allowed. The petitioner has failed to show proof of its having exercised the required diligence of a good father of a family over its employees Funtecha and Allan. IAC Funtecha was a working student. being a part-time janitor and a scholar of Filamer Christian Inst. Funtecha is an employee of petitioner Filamer. An employer is expected to impose upon its employees the necessary discipline called for in the performance of any act indispensable to the business and beneficial to their employer. G. has an obligation to pay damages for injury arising from Arbiter only three days after he was made to sign a Quitclaim. He was. an employee even if he was assigned to clean the school premises for only two (2) hours in the morning of each school day. or in the supervision over him.R.The fact is private respondent filed a case of illegal dismissal with the Labor The petitioner.

" Section 3." PROTECTION AND PROMOTION OF THE WELFARE OF MIGRANT WORKERS. the government shall deploy and/or allow AS AMENDED. adopt/be signatory to and interchangeably with migrant worker. Deployment of Migrant Workers. stakeholders and their similar entities duly recognized as legitimate. trade unions. in general. workers associations. an installation located offshore or on the high seas. in general. to this and as soon as practicable. and Filipino migrant workers. 8042. the State or she is not a citizen or on board a vessel navigating the foreign seas other shall. FURTHER IMPROVING THE STANDARD OF the deployment only of skilled Filipino workers. The government recognizes any of irregular/undocumented." Section 1. Paragraphs (a). . whether regular/documented or of Filipino migrant workers are protected. and deployment of overseas Filipino workers only in countries where the rights Filipino migrant workers. are partners of the State in the protection of Filipino migrant Be it enacted by the Senate and House of Representatives of the Philippines workers and in the promotion of their welfare. Section 3. 8042. AND FOR OTHER PURPOSES "(h) The State recognizes non-governmental organizations. (g) and (h) of Section 2 of Republic Act. is Filipinos Act of 1995. 8042. is national sovereignty. and endeavor to enter into bilateral agreements with countries hosting overseas Filipino workers. (e). Section 4 of Republic Act No. paragraph (a) of Republic Act No." ratify those that guarantee protection to our migrant workers. as amended. The State shall cooperate with in Congress assembled: them in a spirit of trust and mutual respect. as amended. Pursuant AS THE MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995. it is imperative that an effective mechanism be instituted to ensure "SEC." is hereby amended to read as follows: hereby amended to read as follows: "(a) In the pursuit of an independent foreign policy and while considering "(a) "Overseas Filipino worker" refers to a person who is to be engaged.REPUBLIC ACT No. territorial integrity. 10022 "(g) The State recognizes that the most effective tool for empowerment is the possession of skills by migrant workers. No. 8042. otherwise known as the "Migrant Workers and Overseas Section 2. in particular. In this regard. at all times. uphold the dignity of its citizens whether in country or than a government ship used for miliatry or non-commercial purposes or on overseas. 4." . THEIR FAMILIES AND OVERSEAS FILIPINOS IN DISTRESS. to be used continuously monitor international conventions. in particular. national interest and the right to engaged or has been engaged in a remunerated activity in a state of which he self-determination paramount in its relations with other states. OTHERWISE KNOWN free and accessible skills development and enhancement programs.The State shall allow the that the rights and interest of distressed overseas Filipinos. as amended. The government shall provide them AN ACT AMENDING REPUBLIC ACT NO. The significant contribution of recruitment and manning agencies shall from part this partnership. is hereby amended to rerad as follows: "(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. are adequately protected and safeguarded.

. shall issue a certification to the POEA.the following as a guarantee on the part of the receiving country for the the POEA Governing Board prohibiting deployment shall be meted the same protection of the rights of overseas Filipino workers: penalties in this section. "(b) It is a signatory to and/or a ratifier of multilateral conventions. government on the protection of the rights of overseas Filipino Workers: "The State shall likewise allow the deployment of overseas Filipino workers Provided. or the convention/declaration/resolution. 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 . specifying therein the pertinent provisions of the receiving country's labor/social law. embodied in the employment contracts prescribed by the POEA and in accordance with internationally-accepted standards. Termination or Ban on Deployment. (b) and (c) hereof. including migrant workers. no permit for Section 4. Further. after consultation aforementioned guarantees shall suffer the penalties of removal or dismissal with the Department of Foreign Affairs. the Department of Foreign Affairs. as amended. 5. That protect the rights of migrant workers in furtherance of any of the guarantees they are compliant with standards.Notwithstanding the "The members of the POEA Governing Board who actually voted in favor of provisions of Section 4 hereof." five (5) years. Section 5 of Republic Act No. or the bilateral agreement/arrangement which protect the rights of migrant workers. "SEC. in pursuit of the national interest or when an order allowing the deployment of migrant workers without any of the public welfare so requires. through its foreign including migrant workers. the POEA Governing Board. terminate or from service with disqualification to hold any appointive public office for impose a ban on the deployment of migrant workers. declarations or resolutions relating to the protection of workers. is hereby deployment shall be issued by the Philippine Overseas Employment amended to read as follows: Administration (POEA). 8042. at any time. posts. may. "For this purpose. conditions and requirements. concrete measures to to companies and contractors with international operations: Provided." "In the absence of a clear showing that any of the aforementioned guarantees exists in the country of destination of the migrant workers. That the receiving country is taking positive. as under subparagraphs (a). "(a) It has existing labor and social laws protecting the rights of workers. and "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 "(c) It has concluded a bilateral agreement or arrangement with the and standards that protect the rights of migrant workers.

transporting. whether for profit or not. work different from or to be engaged directly or indirectly in the management of travel agency. as amended. which include the act of reprocessing workers officer or member of the Board of any corporation engaged in travel agency through a job order that pertains to nonexistent work. 6. Article 13(f) of Presidential Decree No. Definition.For purposes of this Act. or work with a different employer whether registered or not with the POEA. non-licensee. is hereby "(d) To include or attempt to induce a worker already employed to quit his amended to read as follows: employment in order to offer him another unless the transfer is designed to liberate a worker from oppressive terms and conditions of employment. in any manner. or to make a worker pay or acknowledge any Secretary of Labor and Employment. or has contacted or is supported by any undertaken by non-licensee or non-holder of authority contemplated under union or workers' organization. remittance of foreign exchange earnings. "(i) To substitute or alter to the prejudice of the worker. non-holder. enlisting. separation from jobs. illegal recruitment shall mean any act of canvassing. the actual overseas work. as amended. hiring. whether committed by any person. "(k) To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations. 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. licensee or holder of authority: "(h) To fail to submit reports on the status of employment. Section 6 of Republic Act No. joined or supported. when has formed. information or document or commit any act of misrepresentation for the purpose of securing a license or authority under the Labor Code. utilizing. employment "(b) To furnish or publish any false notice or information or document in contracts approved and verified by the Department of Labor and relation to recruitment or employment. promising or any worker who has not applied for employment through his agency or who advertising for employment abroad. . It shall likewise "(f) To engage in the recruitment or placement of workers in jobs harmful to include the following acts. amount greater than that actually received by him as a loan or advance. whether a public health or morality or to the dignity of the Republic of the Philippines. or for any other reasons. placement "(a) To charge or accept directly or indirectly any amount greater than that vacancies. otherwise known as the Labor Code of the Philippines: Provided. 8042. That any such non-licensee or non-holder who. or for the purpose of documenting hired "(j) For an officer or agent of a recruitment or placement agency to become an workers with the POEA. or "(e) To influence or attempt to influence any person or entity not to employ procuring workers and includes referring. 442. specified in the schedule of allowable fees prescribed by the Secretary of departures and such other matters or information as may be required by the Labor and Employment.Section 5. contract services. contracting. offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. testimony. "(c) To give any false notice. "SEC. .

seminar. charges. postdated payment of the cost of insurance fees. principals/shipowners where the latter shoulder the cost of such trainings. institutions. .other than those authorized under the Labor Code and its implementing rules and regulations. except in the case of a seafarer whose medical examination cost is shouldered "(n) To allow a non-Filipino citizen to head or manage a licensed by the principal/shipowner. and "(1) Grant a loan to an overseas Filipino worker with interest exceeding eight percent (8%) per annum. as provided under the compulsory worker's insurance coverage. "(l) Failure to actually deploy a contracted worker without valid reason as determined by the Department of Labor and Employment. with his documentation and processing for purposes of deployment. which will be used for payment of legal and "(7) For a recruitment/manning agency or a foreign principal/employer to allowable placement fees and make the migrant worker issue. "(3) Refuse to condone or renegotiate a loan incurred by an overseas Filipino worker after the latter's employment contract has been prematurely "(m) Failure to reimburse expenses incurred by the worker in connection terminated through no fault of his or her own. it shall also be unlawful for any "(6) For a suspended recruitment/manning agency to engage in any kind of person or entity to commit the following prohibited acts: recruitment activity including the processing of pending workers' applications. entities another. 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. "In addition to the acts enumerated above. instruction or group of three (3) or more persons conspiring or confederating with one schooling of any kind only from specifically designated institutions. "(5) Impose a compulsory and exclusive arrangement whereby an overseas "Illegal recruitment is deemed committed by a syndicate if carried out by a Filipino worker is required to undergo training. entities or persons. premium or other insurance related 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. except fpr recommendatory trainings mandated by or more persons individually or as a group. recruitment/manning agency. either pass on the overseas Filipino worker or deduct from his or her salary the personally or through a guarantor or accommodation party. It is deemed committed in large scale if committed against three (3) or persons. and "(4) Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is required to undergo health examinations only from specifically designated medical clinics.

management or direction of their business who are than twenty (20) years and a fine of not less than One million pesos responsible for the commission of the offense and the responsible (P1.000.00) shall under this section. "(a) Any person found guilty of illegal recruitment shall suffer the penalty of accomplices and accessories." "SEC.00) nor more than Two million pesos (P2. lending amended to read as follows: institutions.00) nor more than Five million pesos (P5. 8042.000. as amended. Section 7 of Republic Act No. Penalties.000. "In the prosecution of offenses punishable under this section. the public prosecutors of the Department of Justice shall collaborate with the anti-illegal "(c) Any person found guilty of any of the prohibited acts shall suffer the recruitment branch of the POEA and.000. - . in certain cases.000. be deported without further proceedings.00). allow the POEA penalty of imprisonment of not less than six (6) years and one (1) day but not lawyers to take the lead in the prosecution.000. "The filing of an offense punishable under this Act shall be without prejudice "If the offender is an alien. employees/agents thereof shall be liable.000.00) nor more than One million pesos may be determined by the POEA Administrator. is hereby the license or registration of the recruitment/manning agency. regulations. the Secretary of Labor and Employment.000. the officers having imprisonment of not less than twelve (12) years and one (1) day but not more ownership. For this purpose. person may initiate the corresponding criminal action with the appropriate office. the POEA be imposed if illegal recruitment constitutes economic sabotage as defined Administrator or their duly authorized representatives. 7. in addition to the penalties herein to the filing of cases punishable under other existing laws. he or she shall. 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 "Provided. The POEA lawyers who act as more than twelve (12) years and a fine of not less than Five hundred prosecutors in such cases shall be entitled to receive additional allowances as thousand pesos (P500. "(b) The penalty of life imprisonment and a fine of not less than Two million "In the filing of cases for illegal recruitment or any of the prohibited acts pesos (P2."1avvphi1 "In every case. person illegally recruited is less than eighteen (18) years of age or committed by a non-licensee or non-holder of authority. however.00). or any aggrieved therein. conviction shall cause and carry the automatic revocation of Section 6."The persons criminally liable for the above offenses are the principals.000. training school or medical clinic.000.000. control. (P1. rules or prescribed. That the maximum penalty shall be imposed if the shall be sufficient to prosecute the accused. In case of juridical persons.

the corporate officers and directors and partners as the case may be. That the penalties herein provided shall be without prejudice to any liability which any such official may have incured under . valid or amended to read as follows: authorized cause as defined by law or contract.Notwithstanding any provision of law to the unexpired portion of his employment contract or for three (3) months for contrary. or any unauthorized deductions from the migrant worker's salary. the Labor Arbiters of the National Labor Relations Commission every year of the unexpired term. from participating in the Philippine Overseas Employment with the developments in the global services industry. the NLRC shall endeavor to update and keep abreast proceedings. it shall be automatically disqualified. withheld partnership for the aforesaid claims and damages. plus his salaries for the "SEC. "The liability of the principal/employer and the recruitment/placement agency for any and all claims under this section shall be joint and several. until the said official complies therewith. moral. Program and from recruiting and hiring Filipino workers until and unless it fully satisfies the judgement award. is hereby "In case of termination of overseas employment without just. exemplary and other forms of damage. shall "(a) The salary of any such official who fails to render his decision or themselves be jointly and solidarily liable with the corporation or resolution within the prescribed period shall be. . within ninety (90) calendar days after the filing of the complaint. "Noncompliance with the mandatory periods for resolutions of case This provision shall be incorporated in the contract for overseas employment provided under this section shall subject the responsible officials to any or all and shall be a condition precedent for its approval. however. "Provided. Section 10 of Republic Act No. "Such liabilities shall continue during the entire period or duration of the "(b) Suspension for not more than ninety (90) days. as amended. 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. If the recruitment/placement agency is a juridical being. as provided by law. or employment contract and shall not be affected by any substitution. (NLRC) shall have the original and exclusive jurisdiction to hear and decide. whichever is less. The performance bond to of the following penalties: de filed by the recruitment/placement agency. 10. "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. without further with this mandate. amendment or modification made locally or in a foreign country of the said contract. "(c) Dismissal from the service with disqualification to hold any appointive public office for five (5) years. Money Claims. or caused to be.Section 7. 8042. shall be answerable for all money claims or damages that may be awarded to the workers. Consistent employer/principal. the claims arising out of an employer-employee relationship or by virtue of any law or contract involving Filipino workers for overseas deployment including "In case of a final and executory judgement against a foreign claims for actual.

without need of notice. 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. ." Section 10." in this Act. The refund shall be amended to read as follows: independent of and in addition to the indemnification for the damages sustained by the underage migrant worker. Section 16 of Republic Act No. 16. discovery or being informed of the presence of migrant workers whose ages fall below the minimum age requirement for overseas deployment. as amended. the responsible officers in the foreign service shall without delay repatriate said workers and advise the Department of Foreign Affairs through the fastest "For this purpose.A mechanism for free legal assistance for victims of workers (NRCO) is hereby created in the Department of Labor and illegal recruitment shall be established in the anti-illegal recruitment branch Employment for returning Filipino migrant workers which shall provide a of the POEA including its regional offices. the Integrated promotion house for their local employment.other existing laws or rules and regulations as a consequence of violating the thirty (30) days from the date of the mandatory repatriation as provided for provisions of this paragraph. is hereby Administration (OWWA). the Technology Livelihood Resource Center (TLRC). 8042. is hereby Section 8. within ninety (90) days from the effectivity of this Act. -A national reintegration center for overseas Filipino Protection Program. volunteer groups. better wage "SEC. Section 18 of Republic Act No. 17.000. Preferential Entitlement Under the Witness Filipino Workers. and other non-governmental organizations and potentials for national development. Such mechanism shall include mechanism for their reintegration into the Philippine society." "The Department of Labor and Employment. and the Philippine Overseas Employment amended to read as follows: Administration (POEA) shall.000. 8042.00) but not more than One million pesos (Php 1. formulate a program that would motivate migrant workers to plan for productive options such as entry into highly technical jobs or undertakings. to the underage Section 11. serve as a coordination and cooperation with the Department of Justice. 8042.00). . and investment of savings. Mandatory Repatriation of Underage Migrant Workers. the Technical Education and Skills Development means of communication available of such discovery and other relevant Authority (TESDA). Section 17 of Republic Act No. 8042." 500.000. information.Upon employment. 13. as amended is hereby migrant worker or to his parents or guardian. Establishment of National Reintegration Center for Overseas "SEC. The refund shall be paid within . livelihood and entrepreneurial development. The license of a recruitment/manning agency which recruited and other government agencies involved in training and livelihood or deployed an underage migrant worker shall be automatically revoked and development shall give priority to returnees who had been employed as shall be imposed a fine of not less than Five hundred thousand pesos (Php domestic helpers and entertainers. The first paragraph of Section 13 of Republic Act No. as amended. and tap their skills and Bar of the Philippines. the Overseas Workers Welfare Section 9. as amended to read as follows: amended is hereby amended to read as follows: "SEC. Free Legal Assistance.

Functions of the National Reintegration Center for Overseas "(g) Develop capacity-building programs for returning overseas Filipino Filipino Workers. both represent other Philippine government agencies abroad and. savings. and shall computer-based information system on returning Filipino migrant workers be staffed by Foreign Service personnel. orally and in writing. 8042. a returning Filipino migrant workers. is hereby amended to read as follows: relevant international organizations for the promotion. a four (24) hours daily including Saturdays. service providers and international organizations. service providers. updated on all matters affecting it. service providers and amended. laws. public and private. Section 12."SEC. individual volunteers and bona fide non-government organizations from the host countries. and "(a) Develop and support programs and projects for livelihood. "(d) Proved a periodic study and assessment of job opportunities for the government must provide a Sharia or human rights lawyer. in cooperation with other government agencies concerned. The second paragraph of Section 19 of Republic Act No. 8042. -The Center shall provide the following services: workers and their families. customs and practices. if available. and stakeholders. and maintain and upgrade amended to read as follows: computer-based service capabilities of the NRCO." stakeholders. the government must also hire within the receiving country. in such number as may be needed by the post. investments and financial literacy for returning "(h) Conduct research for policy recommendations and program Filipino migrant workers and their families in coordination with relevant development. 18. as amended. as "(b) Coordinate with appropriate stakeholders. "The establishment and operations of the Center shall be a joint undertaking of the various government agencies. psychologist and a social worker for the Center. Sundays and holidays. entrepreneurship. implementers. In addition to these personnel. The Labor Attache shall coordinate the "(e) Develop and implement other appropriate programs to promote the operation of the Center and shall keep the Chief of Mission informed and welfare of returning Filipino migrant workers. with the local language. is hereby registration and interaction with clients. 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. ." "(f) Maintain an internet-based communication system for on-line Section 13. Section 20 of Republic Act No. service attaches or officers who shall be accessible to all local recruitment agencies and employers. development and the full utilization of overseas Filipino worker returnees and their potentials. public relation officers or case officers who are conversant. The Center shall be open for twenty- "(c) Institute.

including minors. migration. set the appropriate information and communications technology standards to facilitate the sharing of information among the member agencies. the following information: . The National Computer Center shall provide the necessary technical assistance and shall "(e) Blacklisted foreigners/undesirable aliens. the National Bureau of Investigation. the Department of Labor and Employment and its attached concerned agencies. the Department of Justice the Bureau of Immigration. Establishment of a Shared Government Information System for "(a) Masterlists of Filipino migrant workers/overseas Filipino classified Migration. and full implementation of this section and shall explore the possibility setting up a central storage facility for the data on migration. marriage laws and civil and criminal codes in receiving countries particularly those with large "The inter-agency committee shall meet regularly to ensure the immediate numbers of Filipinos. The second phase shall involve linkaging of computer facilities on order to allow free-flow data exchanges and sharing among concerned agencies. The interagency committee shall initially make available to itself the information contained in existing data bases/files. the Commission on Filipinos destination including visa classification. . including those serving prison terms. Communications Technology. "The inter-agency committee shall convene to identify existing data bases "(h) A tracking system of past and present gender disaggregated cases which shall be declassified and shared among member agencies. the National Statistical and Coordination Board. the National "(b) Inventory of pending legal cases involving Filipino migrant workers and Telecommunications Commission. the National Computer Center. countries are signatories. the Department of Tourism. These involving male and female migrant workers. the Commission on Information and other Filipino nationals. the National Statistics Office and other government agencies concerned with overseas employment shall be established to implement a shared government information system for "(c) Masterlists of departing/arriving Filipinos. Overseas. immigration policies. and shared data bases shall initially include. "(f) Basic data on legal systems. "(d) Statistical profile on Filipino migrant workers/overseas Filipinos/tourists. the Department of the Interior and Local Government."SEC. "The inter-agency committee shall be co-chaired by the Department of Foreign Affairs and the Department of Labor and Employment.An interagency committee composed of the Department of according to occupation/job category. 20. by country/state of Foreign Affairs and its attached agency. but not be limited to. civil status. 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 "(g) List of Labor and other human rights instruments where receiving Employment under Section 33.

In shall allow the lifting of suspension of erring recruitment/manning agencies the performance of this function. be authorized to pay repatriation-related expenses. when necessary. the coordinating officer shall provide the Filipino migrant into consideration the needs of vulnerable sectors and the peculiarities of worker and his family all the assistance they may need in the enforcement of sea-based and land-based workers. such as fines or penalties."(i) Listing of overseas posts which may render assistance to overseas Filipinos.1) Philippine Overseas Employment Administration." prevention of illegal recruitment and gender-sensitivity. It shall be responsible for the regulation and management of overseas employment from the pre-employment stage. is hereby amended to read as follows: conclude bilateral labor agreements or arrangements: Provided. of an intensified program against illegal recruitment "In the repatriation of workers to be undertaken by OWWA. 8042. Section 14. and Provided. securing the best possible "(b. in particular. add new "The Administration shall not engage in the recruitment and placement of paragraphs (c) and (d) with their corresponding subparagraphs to read as overseas workers except on a government-to-government arrangement only. the Administration shall inform Filipino workers and their families of these programs and other related migrant workers not only of their rights as workers but also of their rights as governmental programs. Employment Orientation Seminars (PEOS) that will discuss topics such as subject to such guidelines as the OWWA Board of Trustees may prescribe. Subparagraph (b.The Administration shall regulate private sector participation in the recruitment and overseas placement of workers by setting up a licensing and registration system." "(b. and such other employers as public interests may require. for the purpose of settling the compliance or problems brought to his attention. It shall also be responsible for the implementation. a system for promoting and Act No. the Administration contractual obligations by agencies or entities and/or by their principals. . human beings. in partnership with other law- enforcement agencies.1) of paragraph (b) of Section 23 of Republic Act the Administration shall deploy only to countries where the Philippine has No. Section 16. Under Section 23 of Republic Act No. Sub-paragraph (b. as amended. The OWWA shall likewise formulate and implement welfare programs for overseas Filipino workers and their families while they are abroad and upon their return. In appropriate cases. 8042." "In the recruitment and placement of workers to service the requirements for trained and competent Filipino workers of foreign governments and their instrumentalitys. further. in coordination with Section 15.000.2) Overseas Workers Welfare Administration. follows: . 8042. as amended. is hereby amended to read as follows: monitoring the overseas employment of Filipino workers taking into consideration their welfare and the domestic manpower requirements.The Welfare officer of in employment terms and conditions for overseas Filipino workers. instruct and guide the workers how to assert their rights and provide the available mechanism to redress violation of their rights. and taking his absence. the latter shall activities. the POEA shall provide comprehensive Pre.00) for every on the agencies or entities concerned to conferences or conciliation meetings month of suspension. For this purpose. and migrant workers. That such countries shall observe and/or comply with the international laws and standards for migrant workers. It shall also formulate and implement. . in general. That such countries shall guarantee to protect the rights of Filipino migrant workers. he shall make representation and may call upon the payment of fine of Fifty thousand pesos (P50.2) of Paragraph (b) of Section 23 of Republic appropriate entities concerned. as amended. It shall ensure the awareness by the overseas "in addition to its powers and functions.

"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 " (c. 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 "(c) Department of Health. The existing laws. hereinafter referred to as health examinations. Pursuant to this. the DOH shall " (c. shall take a DOH regional and/or provincial hospitals shall establish and operate clinics proactive stance by being primarily responsible for the dissemination of . . other concerned government agencies . 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 " (c. optical. regularly monitored and duly published to ensure that the said fees are reasonable and not exorbitant. 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 local government units (LGUs). rules or regulations. and non-government organizations " (c. "Any government official or employee who violates any provision of this subsection shall be removed or dismissed from service with disqualification " (c. "In case an overseas Filipino worker is found to be not medically fit upon his/her immediate arrival in the country of destination. exclusively conducting health examinations on migrant workers for certain receiving countries. " (c.2) The Filipino migrant worker shall only be required to undergo health employment program.In the fight against illegal recruitment.The Department of Health (DOH) shall regulate lessen their transportation and lodging expenses and the activities and operations of all clinics which conduct medical. physical. "(d) Local Government Units. all advocating the rights and welfare of overseas Filipino workers. psychological and other similar examinations.3) No group or groups of medical clinics shall have a monopoly of deployment of such worker. decking practice.6) All DOH-accredited medical clinics.1) The fees for the health examinations are regulated. Such penalty is without the DOH-accredited or DOH-operated clinics that will conduct his/her prejudice to any other liability which he or she may have incurred under health examinations and that his or her rights as a patient are respected. pursuant to POEA rules and regulations. including the DOH-operated ensure that: clinics. on Filipino migrant workers as requirement for their overseas employment. in partnership with the POEA. 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.5) Within a period of three (3) years from the effectivity of this Act. shall not be allowed. dental. . 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.4) Every Filipino migrant worker shall have the freedom to choose any of to hold any appointive public office for five(5) years.

information to their constituents on all aspects of overseas employment. "(d. 25. "Thirty million pesos (30. "(d.000. Workers established under Letter of Instructions No. is hereby "SEC. 8042.000. . including the amount appropriated in the GAA.000.00) from the Welfare Fund for Overseas all the processes aspects of overseas employment. the following shall be undertaken by the LGUs: "Fifty million pesos (50.000. be turned over to. To carry out this task. Philippines. further. as amended. 8042.00) from the Contingency Fund of the President Social Fund. as Provided." amended to read as follows: Section 19. and form part Section 18. shall not revert "( c ) To tap the assistance of reputable law firms.000.000.There is herby established a legal amended to read as follows: assistance fund for migrant workers. 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. Such desk or kiosk shall. that the balance of the Legal Assistance Fund (LAF) including the amended. and particularly the POEA for its updated lists of overseas job orders and licensed recruitment agencies in good standing. Section 25 of Republic Act No.00) per year: Section 17. hereinafter referred to as the Legal Assistance Fund.2) Establish overseas Filipino worker help desk or kiosk in their localities with the objective of providing current information to their constituents on "Twenty million pesos (20.000. as amended." "An amount appropriated in the annual General Appropriations Act (GAA) which shall not be less than Thirty million pesos (30.000.00) from the Contingency Fund of the President. 537 as amended by as be linked to the database of all concerned government agencies. Presidential Decree Nos. Subparagraph ( c ) of Section of Republic Act No. other concerned government agencies and non-government organizations to conduct PEOS to their constituents on a regular basis. is hereby of. Legal Assistance Fund.000. in the amount of one hundred million pesos (P100." " 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. the Integrated Bar of the to the General Fund.000. the Fund created under this Act. That the fund shall be treated as a special fund in the National Treasury and its balance. is hereby amended to read as follows: amount appropriated for the year shall not be less than One hundred million pesos (P100.000. 1694 and 1809.000.00) to be constituted from the following sources.00) : Provided. which shall form part of the Fund. 8042. .1) Provide a venue for the POEA. Section 26 of Republic Act No.

. the status of the Legal Assistance Fund. OWWA and other Boards. - Notwithstanding any provision of law to the contrary. further. The process shall be open. for purposes of selection. including the expenditures from the said fund duly audited by the Commission on Audit (COA): Provided. which shall consist of three(3) names for each sector to be represented. as provided for under Section qualified to nominate a representative for each sector to the Board. in addition to their present composition. Uses of the Legal Assistance Fund. 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. democratic legal services to migrant workers and overseas Filipinos in distress in and transparent. 8042. have three (3) members each who shall come from the women. the President shall land-based sectors respectively. " The selection and nomination of the additional members from the women. is hereby amended to read as follows: "(d) A final list of all the nominees selected by the OWWA/POEA governing boards. 9184 or the Government Procurement Act."SEC. "The additional members shall have a term of three (3) years and shall be sea-based and land-based sectors shall be governed by the following eligible for reappointment for another three (3) years. Additional Memberships. Section 32 of Republic Act No. duly registered with the abroad." and write. sea-based and "Within thirty (30) days from the submission of the list. That the hiring of foreign legal counsels. as amended. the representatives to the POEA/OWWA general membership of the sector being represented. "SEC. "(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. bail bonds to secure the temporary releases and other litigation appropriate Philippine government agency and in good standing as such. shall be exempt from the coverage of "(c) The nominee must be at least twenty-five (25) years of age. and Section 20. POEA. able to read Republic Act No. accordance with the guidelines. 33 of this Act. the guidelines: President shall in accordance with the provisions of this Act. within ninety (90) days before the boards shall be created under the preceding section shall be used exclusively6 to provide convened. governing boards. appoint a replacement who shall serve the unexpired term of his or her predecessor. the Department of Foreign and in existence for at least three (3) years prior to the nomination shall be Affairs shall include in its report to Congress. the respective Boards of the POEA and the OWWA shall. That at the end of every year. criteria and procedures promulgated in accordance with Section 24 ( a ) herof. . 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 "(b) Only non-government organizations that protect and promote the rights workers facing charges or in filing cases against erring or abusive employers and welfare of overseas Filipino workers. 32. to be selected and nominated openly by the select and appoint from the list. 26. expenses: Provided. shall be submitted to the President and published in a newspaper of general circulation. In case of vacancy.The Legal Assistance Fund at least three (3) times. when circumstances warrant urgent action.

00) survivor's benefit payable to the migrant worker's this section shall be subject to an administrative penalty of dismissal from beneficiaries. The report shall include. the Section 23. is hereby amended to read as follows: proof of entitlement by the overseas Filipino worker's beneficiary or recipient. . Section 21. 33."Any executive issuances or orders issued that contravene the provisions of Section 22. . 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 "SEC. but shall not limited agency under Section 10. each migrant worker deployed by a to.500. Section 35 of Republic Act No. the migrant workers shall be workers sector to their respective boards shall follow all the applicable exempt from the payment of travel tax and airport-fee upon proper showing provisions of this section. amended to read as follows: "All other government agencies and government-owned or controlled SEC.000. A new Section 37-A. upon showing of the same 8042. Such insurance policy shall be effective for the duration of the migrant worker's employment and shall cover. is Department of Foreign Affairs and the Department of Labor and hereby added to read as follows: Employment shall submit separately to the said body a semi-annual report of Philippine foreign posts located in countries hosting Filipino migrant workers.In order to inform the Philippine Congress on the implementation of the policy enunciated in Section 4 hereof. Compulsory Insurance Coverage for Agency-Hired Workers. at the minimum: "xxx "(a) Accidental death. shall be exempt from the payment of documentary stamp tax. The first and last paragraph of Section 33 of Republic Act No. Report to Congress. 8042. is hereby this section shall have no force and effect." "(c) Permanent total disablement. "SEC. of Replublic Act No. the following information: recruitment/manning agency shall be covered by a compulsory insurance policy which shall be secured at no cost to the said worker. 8042. 35.00) disability benefit payable to the migrant . as amended. with at least Seven thousand five hundred United States dollars (US$7. "The remittances of all overseas Filipino workers. 37-A. as amended." of proof entitlement by the POEA. with at least Fifteen thousand United States dollars " Any officer of the government who fails to submit the report as stated in (US$10. Exemption from Travel Tax Documentary Stamp and Airport Fee.In report covering the period July to December shall be submitted not later than addition to the performance bond to be filed by the recruitment/manning May 31 of the following year. as amended. the service with disqualification to hold any appointive public office for five (5) years. - corporations which require at least one (1) representative from the overseas All laws to the contrary notwithstanding.

which are in existence and operational for at contract. without any valid cause. procuring consular services. the responsibility of the family member or requested individual to meet all visa and travel document "(d) Repatriation cost of the worker when his/her employment is terminated requirements. permanent complete paralysis of two (2) limbs. least Five hundred million pesos (P500. such as air ambulance. 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. "(g) Compassionate visit. mortuary or direct proximate to the migrant worker. When a migrant worker is hospitalized and has complete loss of sight of both eyes. partners. including the transport of his or her personal belongings. "(i) Medical repatriation. loss of two(2) limbs at or above the ankles been confined for at least seven (7) consecutive days.worker. as well as transporting by the insurance provider. obtaining legal clearances. completing all physician and/or a consulting physician. . When medically necessary as determined by the attending physician. employees or agents with relatives. and the remains including retrieval from site of death and delivery to the receiving funeral home. and with a current year certificate of authority shall be qualified to provide for the worker's insurance coverage. The insurance coverage for money claims shall be equivalent to at "Only reputable private insurance companies duly registered with the least three (3) months for every year of the migrant worker's employment Insurance Commission (IC) . When an adequate medical facility is not available limited to. If the period to receive medical clearance to travel exceeds fourteen worker who is involved in a case or litigation for the protection of his/her (14) days from the date of discharge from the hospital. "(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 insurance provider shall arrange and pay for the repatriation or return of the worker's remains. Insurance companies who have directors. Medical and non-medical escorts may be provided when necessary. the insurance policy shall also include: fourth civil degree of consanguinity or affinity. medical supervision by the mode of transport necessary shall be undertaken providing necessary casket or air transport container. with at least One hundred United States time that the migrant worker is medically cleared for travel by commercial dollars (US$100. as determined by the insurance company's disposition facility to prepare the body for transport. however. brain injury compassionate visit by one (1) family member or a requested individual.000.00) to be determined by the IC. It is.000. he shall be entitled to a or wrists. The resulting to incurable imbecility or insanity. but not "(h) Medical evacuation. within the "In addition to the above coverage. locating a local licensed funeral home. In case of death. evacuation under appropriate documentation. 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. repatriation under medical supervision to the migrant worker's residence shall be undertaken by the insurance provider at such "(e) Subsistence allowance benefit. appropriate mode of transportation. an alternative rights in the receiving country. The insurance provider shall also render any assistance necessary in the transport including. The following disabilities shall be deemed permanent: total. may be arranged.00) Per month for a maximum of six (6) months for a migrant carrier. officers.

That the following within thirty (30) days. and "(3) Within ten (10) days from the filing of notice of claim. "(1) Death Certificate . the "For repatriation under subparagraph (d) hereof. the following ascertain the truth and extent of the claim and make payment within ten (10) rules shall govern: days from the filing of the notice of claim. "(2) Police or Accident Report . attaching therewith a copy of the decision or compromise agreement.In case of accidental death. "For subsistence allowance benefit under subparagraph (e).In case of permanent disablement. (c). It shall then submit the certificate of insurance coverage the need for his or her repatriation shall be issued by the Philippine foreign of the migrant worker to POEA as a requirement for the issuance of an post or the Philippine Overseas Labor Office (POLO) located in the receiving Overseas Employment Certificate (OEC) to the migrant worker. the concerned labor attaché or. the embassy or consular official shall issue a certification which states the name of the case. . "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. In the case of country. seafarers who are insured under policies issued by foreign insurance companies. That the minimum coverage under sub-paragraphs (a) to (i) are included therein. After procuring such insurance policy. an order shall be released mandating the respondent contest and without the necessity of providing fault or negligence of any recruitment/manning agency to pay the amount adjudged or agreed upon kind on the part of the insured migrant worker: Provided. "Any person having a claim upon the policy issued pursuant to subparagraphs (a). natural death or disablement settlement/compromise agreement has been reached between the parties at under this section shall be paid by the insurance company without any the NLRC. "(1) After a decision has become final and executor or a "Any claim arising from accidental death. "(3) Medical Certificate . (b). the insurance company shall make payment to the recruitment/manning agency the amount adjudged or agreed upon. duly authenticated by the Philippine foreign posts. The insurance company shall forthwith "For the payment of money claims under subparagraph (f). (d) and (e) of this section shall present to the insurance company concerned a written notice of claim together with pertinent supporting documents. documents. a certification which states recruitment/manning agency shall provide an authenticated copy thereof to the reason/s for the termination of the migrant worker's employment and the migrant worker. in his absence. the names of the parties and the nature of the cause of action of the migrant worker.In case of natural or accidental death. shall be sufficient evidence to substantiate the 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. the POEA shall accept certificates or other proofs of cover from recruitment/manning agencies: Provided.

the recruitment/manning agency's performance bond or escrow insurance coverage by requesting their foreign employers to pay for the cost deposit shall be forthwith garnished to satisfy the migrant worker's claim. they may opt to be covered by this period. rules or regulations. name hires or direct hires. "(4) In case the insurance company fails to make payment within ten (10) days from the filing of the claim. proprietors. of the insurance coverage or they may pay for the premium themselves. 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. they shall have the authority to ban or blacklist such insurance companies shall be prohibited to appear before the NLRC in money claims cases under which are known to be evasive or not responsive to the legitimate claims of this section. as provided in the first subparagraph hereof. whether at home or abroad. the POEA shall establish a foreign employers guarantee fund which shall be answerable to the workers' monetary claims arising from breach of contractual obligations. the Department of Labor and Employment and the IC shall jointly make an assessment of the performance of all insurance providers. To protect the rights of these workers. the Department of Labor and Employment. based upon the report of the NLRC and the POEA on their respective interactions and experiences with the insurance companies. in consultation with the recruitment/manning agencies and legitimate non-government organizations advocating the rights and welfare of overseas Filipino workers. shall formulate the necessary implementing rules and regulations. the recruitment/ manning agency shall pay the amount adjudged or agreed upon within the remaining days of the thirty (30)-day period. IC.whichever is lower. NLRC and the POEA. including conciliation and mediation services. After receiving the insurance payment. "For migrant workers recruited by the POEA on a government-to- government arrangement. migrant workers. it is recruitment/manning agency shall lose its license and all its directors. The Department of Labor and Employment shall include such assessment in its year-end report to Congress. unless the latter is impleaded. "At the end of every year. the POEA shall provide them adequate legal assistance. taking into account that in case the amount of insurance claim any additional fee from the migrant worker. "(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. For migrant workers classified "(5) If the worker's claim was not settled within the aforesaid thirty (30)-day as rehires. adjudication. the paid for the premium or the cost of the insurance coverage or that the said recruitment/manning agency shall immediately pay the migrant worker's insurance coverage was used as basis by the recruitment/manning agency to claim in full. the said licensed coverage is insufficient to satisfy the amount adjudged or agreed upon. and "(7) Lawyers for the insurance companies. "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 . partners. liable to pay the balance thereof. "Any question or dispute in the enforcement of any insurance policy issued under this section shall be brought before the IC for mediation or "For purposes of this section.

and technical advice. and Section 24. 8042. whether on secondment from the Senate and the House of Representatives or on temporary."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 "(d) To submit periodic reports to the President of the Philippines and determine its efficacy in favor of the covered overseas Filipino workers and Congress on the implementation of the provisions of Republic Act No. as amended. and programs. functions and responsibilities as may be necessary to attain its objectives. extraordinary and other necessary expenses to attain its "(c) To approve the budget for the programs of the Oversight Committee and goals and objectives. is hereby added to read as follows: "(f) To perform such other duties. as amended. amending and/or repealing these subject provisions. appoint such personnel. all disbursements therefrom. projects and policies relating to the implementation of Republic Act No. "Sec. . on Labor and Employment and the House of Representatives Committee on invite or summon by subpoena ad testificandum any public official or Overseas Workers Affairs. Congressional Oversight Committee. contractual. "(e) To determine weaknesses in the law and recommend the necessary remedial legislation or executive measures. The Oversight Committee shall have the private citizen to testify before it. projects and activities related to overseas employment. rules and regulations with a view to ensuring a competent and efficient "(b) To ensure transparency and require the submission of reports from secretariat. as amended. "(a) To set the guidelines and overall framework to monitor and ensure the proper implementation of Republic Act No. as amended. A new Section 37-B of Republic Act No. .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. as well as all "The Oversight Committee shall organize its staff and technical panel. The Oversight "The Oversight Committee shall adopt its internal rules of procedure. the compliance by recruitment/manning agencies and insurance companies. reports. 8042. and determine their compensation subject to applicable civil service laws. or on consultancy. respectively. 8042. without prejudice to an earlier review if necessary and warranted for the purpose of modifying. including compensation of all personnel. 8042. Committee shall be co-chaired by the chairpersons of the Senate Committee conduct hearings and receive testimonies. concerned government agencies on the conduct of programs. 8042. or require any person by subpoena duces following duties and functions: tecum documents or other materials as it may require consistent with the provisions of Republic Act No. as amended. "The members of the Oversight Committee shall not receive additional compensation. 37-B. allowances or emoluments for services rendered thereto except traveling.

such amount necessary for its continued operations shall be included in the annual General Appropriations Act. this Act. agencies charged with carrying out the provisions of this Act. 3286 and House Bill No. Section 28. Section 26. bureaus.) JUAN PONCE ENRILE programs the implementation of this Act. for any reason.The departments and publication in at least two (2) newspapers of general circulation. agencies. The Congressional Oversight President of the Senate Committee on Overseas Workers Affairs shall have the sum of Twenty-five million pesos (P25. . except as otherwise provided herein.All laws. House of Represenatives (Sgd. (Sgd. Funding. effectivity of this Act and may be extended by a joint concurrent resolution. Repealing Clause. shall.If. . 2009. the funding of which shall be included in the General Appropriations Act. the same shall not affect the validity of the other provisions not affected thereby. in consultation with the Senate Committee on Labor and Employment and the House of Representatives Committee on Overseas Workers Affairs. (Sgd.The departments. Effectivity. decrees. instrumentalities.000. . issuances. BARUA-YAP Section 27. to carry 5649 was finally passed by the Senate and the House of Representatives on out its powers and functions for its initial operations and for fiscal years January 18. against the current appropriations of the House of Representatives.000.) PROSPERO C.) MARILYN B.) EMMA LIRIO-REYES . half of which shall be charged against the current appropriations of the Senate while the other half shall be charged This Act which is a consolidation of Senate Bill No. rules and regulations or parts thereof inconsistent with the provisions of this "The Oversight Committee shall exist for a period of ten (10) years from the Act are hereby repealed or modified accordingly. executive orders." Section 29. may portion of this Act is Secretary General declared unconstitutional or invalid. respectively. Implementing Rules and Regulations. Separability Clause. within sixty (60) days after the effectivity of Approved.This Act shall take effect fifteen (15) days after its Section 25. Thereafter.00). wherein the General Appropriations Act is reenacted and no provision for its continued operation is included in such Act. 2010 and December 18. formulate the necessary rules and regulations for its effective implementation. . NOGRALES offices and government-owned and controlled corporations charged with carrying out the provisions of this Act shall include in their respective Speaker of the House of Representatives (Sgd. .

RULE I (d) The State affirms the fundamental equality before the law of women and men and the significant role of women in nation building. the State shall provide OMNIBUS RULES AND REGULATIONS IMPLEMENTING THE adequate and timely social. continuously monitor international conventions. and For not. and the Secretary of Labor and Employment. the State shall. economic and legal services to Filipino migrant MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995. The existence of the the Migrant Workers and Overseas Filipinos Act of 195. 8042. 10022 (c) While recognizing the significant contribution of Filipino migrant Pursuant to the authority vested by law on the Secretary of Foreign Affairs workers to the national economy through their foreign exchange remittances. The State. uphold the dignity of its citizens whether in the country or President of the Philippines overseas. be compromised or violated. Approved: March 8. 10022. Recognizing the . organized and unorganized. Otherwise Known as economic growth and achieve national development. 2010 (a) In the pursuit of an independent foreign policy and while considering national sovereignty. Towards this end. AS workers. as amended. An Act Amending Republic Act No. Declaration of Policies. Further overseas employment program rests solely on the assurance that the dignity Improving the Standard of Protection and Promotion of the Welfare of and fundamental human rights and freedoms of the Filipino citizens shall Migrant Workers. at all times. in general. The Lawphil Project . the following Implementing Rules and Regulations are continuously create local employment opportunities and promote the hereby promulgated: equitable distribution of wealth and the benefits of development. national interest and the right to (Sgd. therefore.Secretary of Senate GENERAL PROVISIONS Section 1. and Filipino migrant workers. in particular. local and overseas.Arellano Law Foundation (b) The State shall afford full protection to labor. territorial integrity. 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. and promote full employment and equality of employment opportunities for all. shall Other Purpose. and in the light of Republic Act the State does not promote overseas employment as a means to sustain No. at any time. Their Families and Overseas Filipinos in Distress.) GLORIA MACAPAGAL-ARROYO self-determination paramount in its relations with other states. AMENDED BY REPUBLIC ACT NO.

the State shall apply gender sensitive criteria in the formulation and implementation of policies and programs affecting migrant DEFINITION OF TERMS workers and the composition of bodies tasked for the welfare of migrant workers.refers to the "Migrant Workers and Overseas Filipinos Act of 1995.Bureau of Immigration (g) The State recognizes that the most effective tool for empowerment is the possession of skills by migrant workers. are adequately protected and safeguarded. (h) The State recognizes that non-governmental organizations. civil society or faith-based organizations duly recognized by the deploy and/or allow the deployment only of skilled Filipino workers.refer to non- agencies. Pursuant to this and as soon as practicable. agents or representatives of (f) The right of Filipino migrant workers and all overseas Filipinos to a licensed recruitment/manning agency to conduct recruitment and participate in the democratic decision-making processes of the State and to placement activities in a place stated in the license or in a specified place.refer to Filipino workers with employment contracts already processed by the POEA for overseas deployment. personnel. The State shall cooperate with them in a spirit of trust and mutual respect. (c) BI ." that the rights and interest of distressed overseas Filipinos. (f) Contracted workers . (b) Authority . . The significant contribution of recruitment and manning agencies shall form part of this partnership. it is imperative that an effective mechanism be instituted to ensure (a) Act . training subsidies/grants of the concerned (d) Bona fide Non-Government Organizations (NGOs) . in particular.Commission on Information and Communications Technology as legitimate. the government shall government. 9422 and Republic Act No.contribution of overseas migrant women workers and their particular RULE II vulnerabilities. whether regular/documented or irregular/undocumented. In this regard. Filipino migrant workers. stakeholders and other similar entities duly recognized (e) CICT . Philippine Embassy as active partners of the Philippine Government in the protection of Filipino migrant workers and the promotion of their welfare. (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. Section 1. The government shall expand access of qualified migrant workers to free skills development and enhancement programs through scholarships. are partners of the State in the protection of Filipino migrant workers and in the promotion of their welfare.refers to a document issued by the Secretary of Labor and Employment authorizing the officers. be represented in institutions relevant to overseas employment is recognized and guaranteed. workers associations. in general. Definitions. 10022. trade unions. and as amended by Republic Act No.

refers to cognizance of the inequalities and inequities (k) DOJ . Those hired by international organizations 2. For land-based workers hired by private recruitment/employment agencies . individually adopted and agreed upon by the principal/employer and the seafarer.workers directly hired by employers for overseas employment as authorized by the Secretary of Labor and Employment and processed by the POEA. Those hired members of the diplomatic corps.written standard POEA-approved employment contract 2.refers to any of the following acts: (m) DOST .refers to any person. including: 1.Department of Justice prevalent in society between women and men and a commitment to address issues with concern for the respective interest of the sexes.an individual written agreement between the foreign principal/employer and the worker based on the master employment contract approved by the Administration. POEA Rules] (p) Filipino Service Contractor .Department of Labor and Employment (r) Head or manage . For seafarers . (l) DOLE .Department of Interior and Local Government (o) Employment Contract .Department of Foreign Affairs (n) DOT .Department of Science and Technology . and 1. Name hires or workers who are able to secure overseas employment opportunity with an employer without the assistance or participation of any agency. stipulating a specific period of employment and formulated through tripartite consultation. [Labor Code.Department of Health (q) Gender Sensitivity . 3.Department of Tourism (h) DILG . (j) DOH .(g) DFA . 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.refers to the following: (i) Direct Hires .

refer to the (y) Manning Agency . If the recruitment/manning agency is a juridical being. or or branch thereof of which they are employed. if required by law management policies of the recruitment/manning agency or branch thereof. Exercise the authority to hire or fire employees and lay down and execute subsequently verified and registered on-site by the POLO. or regulation. (t) IC .National Bureau of Investigation (2) Those who possess expired visas or permits to stay. Control and supervise the operations of the recruitment/manning agency (4) Those who have valid but inappropriate visas. as the case may be.National Computer Center (3) Those who have no travel document whatsoever. (1) Those who acquired their passports through fraud or misrepresentation. for any and all claims arising out of the implementation of the employment contract involving Filipino workers for overseas deployment.refers to any person.refers to the document issued by the Secretary of Labor and shall themselves be jointly and severally liable with the corporation or Employment authorizing a person. (s) Joint and several liability . (w) License . partnership or corporation duly following: 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 to operate a partnership for the aforesaid claims and damages.National Labor Relations Commission . the corporate officers and directors and partners.Presidential Decree No. (z) NBI.Local Government Unit (u) Irregular/Undocumented Filipino migrant workers . (aa) NCC. private recruitment/manning agency.Insurance Commission (x) LGU . as amended and the recruitment/manning agency.refers to the liability of the principal/employer (v) Labor Code .1. (bb) NLRC . 442. or (5) Those whose employment contracts were not processed by the POEA or 2.

(jj) Overseas Filipino Worker or Migrant Worker .refers to an Overseas Filipino who has a medical.National Statistical and Coordination Board as prescribed by the Secretary of Labor and Employment.Philippine Overseas Labor Office (hh) Overseas Filipinos .National Telecommunications Commission (nn) POLO . (kk) OWWA . cancelled. A "person to be engaged in a remunerated activity" refers to an workers or whose license is revoked. otherwise delisted from the roll of licensed recruitment/manning agencies registered with the POEA. from the workers who renewed their employment contracts with the same principal. other Filipino nationals and their dependents abroad.refers to a person who is to be engaged. legal representation as specified in Rule IX of (pp) Private Recruitment/Employment Agency . psycho-social or legal assistance problem requiring treatment. or has been engaged in a remunerated activity in a . shall be used interchangeably with the term "Administration".refers to an employer or foreign placement agency hiring or engaging Filipino workers for overseas employment through a licensed private recruitment/manning agency. is engaged.National Reintegration Center for Overseas Filipino Workers (ll) Placement Fees. (ii) Overseas Filipino in distress .National Statistics Office (mm) POEA . hospitalization. (gg) NTC . expired or applicant worker who has been promised or assured employment overseas. terminated. (oo) Principal .refer to migrant workers. (ff) NSO .refers to any person. Employment to engage in the recruitment and placement of workers for overseas employment for a fee which is charged. partnership or corporation with no commercial purposes. counseling.refers to any person. 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- (cc) Non-licensee .Philippine Overseas Employment Administration.refer to any and all amounts charged by a private recruitment agency from a worker for its recruitment and placement services (ee) NSCB . these Rules or any other kind of intervention with the authorities in the partnership or corporation duly licensed by the Secretary of Labor and country where he or she is found. directly or indirectly.Overseas Workers Welfare Administration (dd) NRCO . or on an installation located offshore or on the high valid license to engage in recruitment and placement of overseas Filipino seas.

if required by guarantee on the part of the receiving country for the protection of the rights law or regulation. qualification. or used for military or non-commercial purposes. or experience.refers to any person who is employed or engaged in overseas (a) It has existing labor and social laws protecting the rights of workers. cruise ship personnel and those serving on mobile offshore and drilling units in the high seas. and (c) hereof. or and (tt) Skilled Filipino Workers .(qq) Rehires .refer to those who have obtained an academic degree. employment in any capacity on board a ship other than a government ship including migrant workers. (b).Refer to the following: RULE III DEPLOYMENT OF MIGRANT WORKERS (1) Those who possess valid passports and appropriate visas or permits to stay and work in the receiving country.refers to those who are below 18 years or contracts with the same principal.refer to land-based workers who renewed their employment (vv) Underage Migrant Workers . (rr) Regular/Documented Filipino Migrant Workers . workers are protected. or those who are in possession of an appropriate level of competence. (uu) TESDA . below the minimum age requirement for overseas employment as determined by the Secretary of Labor and Employment. The definition shall include fishermen. and Section 1. declarations or resolutions relating to the protection of workers including migrant workers. . training and certification.Technical Education and Skills Development Authority Provided. of OFWs: (ss) Seafarer . Guarantees of Migrant Workers Rights. 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). The government recognizes any of the following as a or subsequently verified and registered on-site by the POLO. as may be determined by the appropriate government agency. for the job they are applying. (b) It is a signatory to and/or a of multilateral conventions. The State shall allow the deployment of OFWs only in countries where the rights of Filipino migrant (2) Those whose contracts of employment have been processed by the POEA. (c) It has concluded a bilateral agreement or arrangement with the government on the protection of the rights of overseas Filipino Workers.

subject to existing standards on accreditation of foreign employers/principals and qualification requirements for workers. owners/employers are compliant with international laws and standards that specifying therein the pertinent provisions of the receiving country's protect the rights of migrant workers. (b). section shall suffer the penalties of removal or dismissal from service with disqualification to hold any appointive public office for five (5) years. including foreign seas or to installations located offshore or on high seas whose migrant workers. The POEA shall register OFWs only for receiving countries allowed by the POEA Governing Board. Section 4. allow only the embodied in the employment contracts prescribed by the POEA and in deployment of OFWs to receiving countries which have been certified by the accordance with internationally-accepted standards. Section 3. 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 6. as 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 Notwithstanding the provisions of Sections 1 and 5 of this Rule. As soon as adequate mechanisms for determination of skills are in place and consistent with national interest. Section 5. Such a certification shall be subject to review by the DFA as often as may be deemed necessary. activities and such other acts by the receiving country aimed at protecting the rights of migrant workers. Deployment of Skilled Workers. The DFA shall issue such certification to the POEA. diplomatic negotiations. in this section. The State shall likewise allow the deployment of OFWs to companies and contractors with international operations: Provided. programs. DFA as compliant with the above stated guarantees. Government Officials and Employees. conditions and requirements. in a Resolution. judicial decisions. That they are compliant with standards. or the bilateral agreement/arrangement which protect the rights of migrant workers. labor/social law. Section 2. or the convention/declaration/resolution. in pursuit of the national interest or when public welfare so requires. Further. Deployment of OFWs to Ocean-Going Ships. For purposes of the preceding paragraphs."Positive and concrete measures" shall include legislative or executive Governing Board prohibiting deployment shall be meted the same penalties initiatives. Deployment to Companies and Contractors with International Operations. projects. Termination or Ban on Deployment. and (c) hereof. and that the receiving country is The State shall also allow the deployment of OFWs to ships navigating the taking such positive and concrete measures to protect workers. the Secretary of Labor and Employment shall allow the deployment only of skilled Filipino workers. the DFA shall issue a certification that a receiving country complies with any of the guarantees under subparagraphs (a). Liability of the Members of the POEA Governing Board. the POEA .

in a timely manner. licensee or holder of authority: The DFA shall issue travel advisories as the need arises. when exceptions to the ban or lift the ban. whether a non-licensee. or for the purpose of documenting hired information and dissemination campaigns. as amended. overseas employment. may. terminate or impose a ban on the deployment of migrant workers. in consultation with the DFA. It shall likewise include the following acts. whether for profit or not. or procuring workers and includes referring. hiring.Governing Board. shall disseminate information on labor and employment conditions. 442. at any time. That any such non-licensee or non-holder who. contracting. in any manner. The POEA. undertaken by a non-licensee or non-holder of authority contemplated under Article 13(f) of Presidential Decree No. The POEA shall publish. whether committed by any person. non-holder. or to make a worker pay or acknowledge any amount greater than that actually received by him as a loan or advance. (c) To give any false notice. RULE IV (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 ILLEGAL RECRUITMENT liberate a worker from oppressive terms and conditions of employment. such as the conduct of workers with the POEA. comprehensive and sustainable Pre-Employment Orientation through a job order that pertains to non-existent work. grant advertising for employment abroad. otherwise known as the Labor Code of the Philippines: Provided. Section 1. illegal recruitment shall mean any act of canvassing. Travel Advisory. (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. after consultation with the DFA. utilizing. Section 8. the actual overseas work. which include the act of reprocessing workers nationwide. work different from Seminars. abroad to two or more persons shall be deemed so engaged. as well as adherence of particular countries to international standards on human and workers rights which will adequately (b) To furnish or publish any false notice or information or document in prepare individuals into making informed and intelligent decisions about relation to recruitment or employment. such advisory in a newspaper of general circulation. Labor Situationer. offers or promises for a fee employment Section 7. or work with a different employer whether registered or not with the POEA. migration realities and other facts. after consultation with the DFA. contract services. promising or The POEA Governing Board may. For purposes of the Act. 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. Definition. information or document or commit any act of misrepresentation for the purpose of securing a license or The POEA may undertake other programs or resort to other modes of authority under the Labor Code. transporting. . enlisting. testimony.

or has contacted or is supported by any union or workers' organization. (k) To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations. or for any other reasons. (l) Failure to actually deploy a contracted worker without valid reason as determined by the Department of Labor and Employment. in cases (g) To obstruct or attempt to obstruct inspection by the Secretary of Labor where the deployment does not actually take place without the worker's and Employment or by his duly authorized representative. recruitment/manning agency. has formed. remittance of foreign exchange earnings. separation from jobs. Grant a loan to an OFW with interest exceeding eight (8%) percent per annum. (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. Crime Involving Economic Sabotage. Section 3. Section 2. period of the expiration of the same without the approval of 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. fault. joined or supported. departures and such other matters or information as may be required by the Secretary of Labor and Employment. It is deemed approved and verified by the Department of Labor and Employment from committed in large scale if committed against three (3) or more persons the time of actual signing thereof by the parties up to and including the individually or as a group. placement (n) To allow a non-Filipino citizen to head or manage a licensed vacancies. it shall also be unlawful for any person or entity to commit the following (j) For an officer or agent of a recruitment or placement agency to become an prohibited acts: 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. Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more (i) To substitute or alter to the prejudice of the worker. Other Prohibited Acts. which will be used for payment of legal and allowable placement fees and make the migrant worker issue. either personally or through a . (e) To influence or attempt to influence any person or entity not to employ other than those authorized under the Labor Code and its implementing any worker who has not applied for employment through his agency or who Rules and Regulations. and (h) To fail to submit reports on the status of employment. In addition to the acts enumerated above. a. employment contracts persons conspiring or confederating with one another.

required to undergo health examinations only from specifically designated medical clinics. premium or other insurance related charges.000. In case of juridical persons. Provided.00) nor more than Two Million Pesos (P2. 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. (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. employees/agents thereof shall be liable.000. institutions.000. or persons. For a suspended recruitment/manning agency to engage in any kind of recruitment activity including the processing of pending workers' applications. Pesos (P2. Persons Responsible. postdated checks in relation to the said insurance fees. control.00) shall be imposed if illegal recruitment constitutes economic sabotage as defined therein. e. entities or persons.00) nor more than Five Million Pesos (P5.000. f.guarantor or accommodation party. under the compulsory worker's insurance coverage.000.00). the officers having c. except for recommendatory training mandated by principals/shipowners where the (b) The penalty of life imprisonment and a fine of not less than Two Million latter shoulder the cost of such trainings. Penalties. seminar. entities. Refuse to condone or renegotiate a loan incurred by an OFW after the ownership. entities or persons. except in the case of a seafarer whose medical examination cost is shouldered by the principal/shipowner. 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 .000.000. required to avail of a loan only from specifically designated institutions. as provided loan.000. Impose a compulsory an exclusive arrangement whereby an OFW is Section 5. Impose a compulsory and exclusive arrangement whereby an OFW is required to undergo training. g. Impose a compulsory and exclusive arrangement whereby an OFW is Section 4. accomplices and accessories. The persons criminally liable for the above offenses are the principals. d. management or direction of their business and the latter's employment contract has been prematurely terminated through no responsible for the commission of the offense and the responsible fault of his / her own. however. instruction or schooling of any kind only from specifically designated institutions. b.

in addition to the penalties herein prescribed. Manila International Airport Authority (MIAA). Section 7. training school or medical clinic. Provided. The filing of an offense punishable under this section shall be without prejudice to the filing of cases punishable under other existing laws. Prescription. Any government official or employee found to be violating this section shall be charged administratively. and Section 6. that illegal recruitment cases involving economic sabotage shall prescribed in twenty (20) years. and other government agencies involved in the the license or registration of the recruitment/manning agency. that the court where the criminal action is first filed shall acquire jurisdiction to the exclusion of other courts. NLRC. rules or regulations. action against erring officials and employees. RULE VI ANTI-ILLEGAL RECRUITMENT PROGRAMS RULE V . POEA. Provided.00) nor more than One million pesos (P1. institutions. (a) Any official or employee of the DOLE. DFA.(c) Any person found guilty of any of the prohibited acts shall suffer the PROHIBITION OF GOVERNMENT PERSONNEL 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. according to Civil Service Rules and Regulations without prejudice to criminal prosecution. Civil Aviation Authority of the In every case. NBI.000.00). lending implementation of the Act.000. conviction shall cause and carry the automatic revocation of Philippines (CAAP). The following personnel shall be prohibited from engaging directly or indirectly in the business of recruitment of migrant workers. Section 1. Illegal recruitment cases under this Rule shall prescribe in five (5) years. BI. DOJ. Philippine National Police (PNP). IC. If the offender is an alien. he or she shall. Disqualification. however. and/or their relatives. OWWA. A criminal action arising from illegal recruitment as (b) Any of his/her relatives within the fourth civil degree of consanguinity or defined under this Rule shall be filed with the Regional Trial Court of the affinity. Venue. Independent Action. 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. upon its initiative or upon the petition of any private individual. regardless of the status of his/her employment. CFO. be deported without further proceedings. The government agency concerned shall monitor and initiate. DOH. Section 8. TESDA.

complaints and reports (b) Prosecution of illegal recruiters. as. and after evaluation and proper determination that sufficient evidence exists for illegal recruitment and other related cases. or Section 2. Institution of Criminal Action. During preliminary investigation. And strategies towards the eradication of illegal recruitment activities such Section 3. 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 . but not limited to the following: Victims of illegal recruitment and related cases which are administrative or (a) Providing legal assistance to victims of illegal recruitment and related criminal in nature may file with the POEA a report or complaint in writing cases which are administrative or criminal in nature. In regions outside the National Capital Region. (d) Information and education campaign. the POEA Administrator or the DOLE Regional Director. entities suspected to be engaged in illegal recruitment. Legal Assistance. The Secretary of Labor and Employment. assistance in the preparation of complaints and supporting policies and procedures.Section 1. the POEA shall coordinate with other appropriate entities in the implementation of said programs. may initiate the corresponding criminal action with the appropriate office. office of the POEA or DOLE. institution of criminal actions. such as but not limited and under oath for assistance purposes. prepares and implements intensified programs documents. Receiving of Complaints for Illegal Recruitment. The POEA. the complainant may avail of legal assistance or counseling from the POEA. or any aggrieved person. to documentation and counseling. Section 5. during preliminary investigation and involving illegal recruitment may be filed with the appropriate regional during trial in collaboration with the DOJ prosecutors. Whenever necessary. The POEA adopts of legal advice. Endorsement of Case to the Proper Prosecution Office. shall endorse the case to the proper Prosecution Office for the conduct of preliminary investigation. their duly authorized representatives. POEA Anti-Illegal Recruitment Programs. (c) Special operations such as surveillance and closure of establishment or Section 4.

POEA and law by an affidavit shall be submitted to the Director-LRO or the Regional enforcement agencies who witnessed the acts constituting the offense shall Director concerned. Where the complaint/report alleges that illegal recruitment activities are ongoing. A closure order shall be served alleged illegal recruitment activities. If illegal recruitment activities are confirmed. Issuance of Closure Order. surveillance shall be undertaken at the premises where the alleged illegal recruitment activities are conducted. 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 . Implementation of Closure Order. the Anti-Illegal Recruitment Branch of danger to national security and public order or will lead to further the POEA shall collaborate with the public prosecutors of the DOJ and. or preliminary examination of the complainants. The testimony of the complainants and/or witnesses shall be reduced in Section 8. upon the offender or the person in charge of the subject establishment. Legal Assistance During Trial. a written order shall be issued by the POEA Administrator for the closure of the establishment being used for illegal recruitment activity. be sufficient basis to prosecute the accused. the POEA Director of the Licensing and Regulation Office In case of a business establishment whose license or permit to operate a (LRO) shall recommend to the POEA Administrator the institution of business was issued by the local government. allow the POEA lawyers to take the lead in prosecution. conduct surveillance on the Section 12. Affidavits and Testimonies of Operatives. on their own initiative. in exploitation of job seekers. Affidavits and Within two (2) days from the termination of surveillance. The POEA Administrator or the concerned DOLE Regional Director may conduct an ex parte preliminary Section 7. Section 11. Action on the Complaint/Report. the Secretary of Labor and criminal action and/or the issuance of a closure order or order of preventive Employment. 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. the POEA Administrator or DOLE Regional Director. The writing and signed by them and attested by an authorized officer. Regional Director. In the prosecution of offenses examination to determine whether the activities of a non-licensee constitute a punishable under Section 6 of the Act. The POEA and/or designated officials in the DOLE regional offices may. If based on a surveillance report. Section 10. For this purpose. the POEA Administrator or the certain cases. Surveillance. as the case may be. 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 6. or their authorized representative is satisfied that such danger or exploitation exists. the POEA Administrator or the Regional Director concerned suspension. a report supported testimonies of operatives or personnel from the DOLE. a written order may shall be issued by the POEA Administrator or DOLE Section 9. or their authorized representative is satisfied that such danger or exploitation exists. Regional Director concerned or their duly authorized representatives. shall likewise recommend to the granting authority the immediate cancellation/revocation of the license or permit to operate its business. Special Allowance for Lawyers of the Prosecution Division.

Whenever necessary. Effect of Closure Order. A motion to lift a closure order (a) The owner of the building or his/her duly authorized representative. or their duly authorized representatives. or overseas employment program of the government. closure order executed under oath. (c) Any other person or entity legitimately operating within the premises closed/padlocked whose operations/activities are distinct from the Section 13. Section 14. support of the appropriate law enforcement agencies may be requested for this purpose. The motion meritorious. (d) Any other analogous ground that the POEA may consider as valid and Section 16. The motion shall be verified and shall . (b) That the contract of lease with the owner of the building or the building administrator has already been cancelled or terminated. as the case may be. stating the details of the proceedings undertaken shall be submitted to the Director-LRO or the Regional Director concerned. Administrator or the DOLE Regional Director. A report on the implementation of the recruitment activities of the person/entity subject of the closure order. Section 17. 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 Section 15. Motion to Lift a Closure Order. whether directly or indirectly. Institution of Criminal Action Upon Closure Order. to re-open may be filed only by the following: Section 18. The POEA (a) That the office is not the subject of the closure order. All officers and responsible employees of the entity engaged in illegal recruitment activities shall be ordered included in the List of Persons with (c) That the office is shared by a person/entity not involved in illegal Derogatory Record and be disqualified/barred from participating in the recruitment activities. Who May File a Motion to Reopen the Establishment. Report on Implementation. 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. or any law enforcement agencies or any aggrieved person may initiate the corresponding criminal action with the appropriate prosecutor's office. leased/rented to any other person/entity for recruitment purposes without the necessary license from the POEA. the assistance and (b) The building administrator or his/her duly authorized representative. within two (2) days from the date of implementation.premises of the establishment. Grounds for Reopening the Establishment.

to assert their rights and provide the available mechanism to redress violation of their rights. prevention and modus operandi of illegal recruitment (a) The person/entity is later found out or has proven that it is not involved and gender sensitivity. recruitment laws and regulations for distribution to their respective constituents. Lifting of a closure order is without prejudice to the filing of criminal complaints with the appropriate office against the person alleged to have Section 24. Lifting of the closure order Section 23. the POEA shall continuously provide the concerned The order of the POEA Administrator denying the motion to lift a closure entities with updated lists of licensed agencies and entities and information order and/or motion to re-open may be appealed to the Secretary of Labor materials such as brochures. For this purpose. Partnership with LGUs. The POEA shall monitor establishments that are subject of closure orders. Who May File Motion to Lift a Closure Order. posters as well as recent anti-illegal and Employment within ten (10) days from receipt thereof. Section 22. Section 21. pamphlets. Section 19. Monitoring of Establishments. in illegal recruitment activities. instruct and guide the workers how meritorious. A motion to lift which does not conform to the requirements herein set forth shall be denied. attaching supporting documents. rights. Grounds for Lifting A Closure Order. conducted illegal recruitment activities. 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. . Pre-Employment Orientation Seminar (PEOS). other Government Agencies and NGOs. or The POEA shall inform migrant workers not only of their rights as workers (b) Any other analogous ground that the POEA may consider as valid and but also of their rights as human beings. Section 20. The verified motion to lift closure order may be filed only by the person or entity against Where a re-opened office is subsequently confirmed as still being used for whom the closure order was issued and implemented or a duly authorized illegal recruitment activities.clearly state the grounds upon which it is based. responsibilities and obligations of migrant workers. a new closure order shall be issued which shall representative. The POEA shall maintain and strengthen its partnership with LGUs. Appeal. health issues. whether directly or indirectly. The POEA shall may be granted on any of the following grounds: 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. not be subject to a motion to lift.

the Labor Arbiters of the NLRC shall have the original and exclusive jurisdiction to hear and decide. Endeavor to update and keep abreast with the developments in the global services industry. Section 3. the worker shall be entitled to the full reimbursement of his placement fee with interest of twelve per cent (12%) b. law to the contrary. Participate in international or local conferences involving migration issues per annum. plus his salaries for the unexpired portion of his employment and in relevant overseas missions. from the date the deduction was made. a. shall be answerable for all money claims or damages that may be awarded to the workers. Section 2. the NLRC shall: the appropriate authority. the worker shall be entitled to the shall be joint and several. moral. contract or three (3) months for every year of the unexpired term. Any compromise. the claims arising out of an employer- employee relationship or by virtue of any law or contract involving Filipino Such liabilities shall continue during the entire period or duration of the workers for overseas deployment including claims for actual. provided by law. The liability of the principal/employer and the recruitment/placement agency on any and all claims under this Rule In case of any unauthorized deduction. Updates in the Global Services Industry. within ninety (90) calendar days after the filing of the compliant. This liability shall be incorporated in the contract refund of the deductions made. Jurisdiction of Labor Arbiters. Compromise Agreement. 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 Consistent with the mandate in the preceding section. as . valid or authorized cause as defined by law or contract. Section 4. annum. Effect of Illegal Termination and/or Deduction. or any unauthorized deduction from the migrant worker's salary. RULE VII MONEY CLAIMS If the recruitment/placement agency is a juridical being. and Section 5. Joint and Several Liability. exemplary and other forms of damages. unless a different period is agreed upon by the parties and approved by the appropriate authority. In case of termination of overseas employment without just. the corporate officers and directors and partners. amendment or modification of the contract made locally or in a foreign country. The performance bond to be filed by the recruitment/ placement agency. Notwithstanding any provision of aforesaid claims and damages. with interest of twelve per cent (12%) per for overseas employment and shall be a condition precedent for its approval. shall themselves be jointly and severally liable with the corporation or partnership for the Section 1. whichever is less. employment contract and shall not be affected by any substitution. as the case may be.

Effect of Final and Executory Judgment. visiting Philippine delegations shall be provided full support and information. Regional and Bilateral Initiatives to Protect Overseas For this purpose. shall endeavor to improve the judgment which may be a basis to lift the disqualification. In case of final and Workers and Overseas Filipino Act. the DFA is mandated to executory judgment against a foreign employer/principal. One Country-Team Approach. conditions of overseas Filipino workers. Assistance to nationals is the third pillar of the Philippine foreign policy. Under the country-team approach. the forging of bilateral agreements/arrangements or other forms of cooperation. regardless of their mother agencies shall. Voluntary Arbitration. For OFWs with collective bargaining agreements. through its foreign service posts. Section 2. In the implementation of the country-team approach. among others. the NLRC or any party in interest shall furnish the POEA a Filipino Workers. It shall establish harmonious working relations with the receiving countries through. representatives and personnel posted abroad. The DFA shall continue to advocate in international and certified true copy of the sheriff's return indicating the failure to fully satisfy regional for the protection and promotion of the rights and welfare of a final and executory judgment against a foreign employer/principal. and provide consular and legal in the Philippine Overseas Employment Program and from recruiting and assistance to overseas Filipinos in distress. Pursuant to the Philippine Foreign Service Act of 1991 and the Migrant Section 6. Section 7. . Assistance to Nationals as the Third Pillar of Philippine Foreign Policy. from participating rights and welfare of Filipino migrants. Should the disqualified foreign employer/principal fully satisfy the judgment award. such consulates shall also constitute part of the country-team under the leadership of the ambassador. without further proceedings. as amended. RULE VIII ROLE OF DFA In receiving countries where there are Philippine consulates. 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 The DFA. 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. Section 1. it shall be formulate and implement policies and programs to promote and protect the automatically disqualified. all officers. hiring Filipino workers until and unless it fully satisfies the judgment award. act as one country-team with a mission under the leadership of the ambassador. the case shall be submitted for voluntary arbitration in accordance with Articles 261 and 262 of the Labor Code. International. on a per country basis. Section 3.

complement government services and resources to provide legal assistance to migrant workers. coordinating and evaluating the total national effort in (d) Administer the Legal Assistance Fund for Migrant Workers and to the field of foreign relations pursuant to the Revised Administrative Code authorize its disbursement. disposition and disbursement. domestic or foreign. salary. he/she shall discharge the (g) Perform such other functions and undertake other responsibilities as may following duties and functions: be useful. The DFA shall be the lead agency that shall advise and assist the President in planning. The Legal Assistant for Migrant budget in the annual General Appropriations Act. In the exercise of these primary responsibilities. Negotiations of International Agreements. as well as with non-governmental Undersecretary of Foreign Affairs. 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. directing. and shall head the Office of the organizations assisting migrant workers. OWWA and other Philippines. and other civil society organizations. and 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. migration and human order to assist him/her in the effective discharge of the functions of his/her rights laws. Qualifications and Authority. to Office. He/she shall be appointed by the President of the (b) Establish close linkages with the DOLE. Function and Responsibilities. procedures and criteria for the provision of legal Section 2. and privileges of an government agencies concerned. organizing. The Legal Assistant for Migrant assistance services to Filipino Migrant Workers. necessary or incidental to the performance of his/her mandate. subject to approved guidelines and procedures. tap the assistance of the Integrated Bar of the Philippines He/she shall have authority to hire private lawyers. He/she shall have the title. governing its use. . other bar associations. POEA. of Foreign Affairs. in (IBP). rank. 292). (c) When necessary. reputable law firms. legal experts on labor. (Executive Order No. RULE IX (e)Keep and maintain an information system for migration as provided in Section 20 of the Act. (a) Issue the guidelines.Section 4. to ensure effective coordination in Undersecretary for Migrant Workers' Affairs (OUMWA) of the Department providing legal assistance to migrant workers. LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS (f) Prepare its budget for inclusion in the Department of foreign Affair's Section 1.

Monitor and report to the Secretary of Labor and Employment on situations and policy developments in the receiving country that may affect (c) Court fees. e. On-Site Protection. Ensure the promotion and protection of the welfare and interests of OFWs (a) In the absence of a counsel de oficio or court-appointed lawyer. which shall have the following functions and responsibilities: It shall be used inter alia for the following specific purposes: a. Verify employment contracts and other employment-related documents. upon the recommendation of the lawyer and the foreign service post concerned. payment and assist them in all problems arising out of employer-employee of attorney's fees to foreign lawyers for their services in representing migrant relationships. (b) Bail bonds to secure the temporary release of workers under detention c. The DOLE overseas operating arm shall be the POLO. Supervise and coordinate the operations of the Migrant Workers and RULE X Other Overseas Filipinos Resource Center. recommended by their lawyers. and d. Section 1. Section 2. Legal Assistance Fund. POLO Functions. provided. the principles of the Act. Such other functions and responsibilities as may be assigned by the Secretary of Labor and Employment. workers facing criminal and labor cases abroad.Section 3. Coordinate the DOLE's employment promotion mandate. to other overseas Filipinos. The DOLE shall see to it that labor and social welfare laws in the foreign countries are fairly applied to migrant workers . Workers and Overseas Filipinos in distress in accordance with approved guidelines. or in filing cases against erring or abusive employers abroad. including the grant of the Act shall be used exclusively to provide legal services for Migrant legal assistance and the referral to proper medical centers or hospitals. charges and other reasonable litigation expenses when so OFWs in particular and Philippine labor policies. 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 b. criteria and procedures of the DFA. and ROLE OF DOLE f. The Legal Assistance Fund created under and whenever applicable. in general. consistent with the Undersecretary for Migrant Workers Affairs.

Foreign Employers Guarantee Fund.O. Disciplinary action cases and other special cases shall be filed with the POEA Adjudication Office. Section 5. involving or arising out of violations of Rules and Regulations relating to licensing and registration. a system for promoting and monitoring the overseas employment of Filipino workers taking into consideration their welfare and the domestic manpower requirements. in character. For migrant workers recruited by the POEA on a government to government arrangement. when necessary. Who may file. Venue. Section 6. Regulation of Private Sector. Hiring through the POEA. POEA (a) all cases which are administrative in character. In the recruitment and placement to service the requirements for trained and Pre-employment/recruitment violation cases may be filed with the POEA competent Filipino workers of foreign governments and their Adjudication Office or at any DOLE/POEA regional office of the place instrumentalities. The Administration shall recruit and place workers primarily on government-to-government arrangements. Jurisdiction of the POEA. involving employers. which are administrative management of overseas employment from the pre-employment stage. Section 7.) implement. The office where the complaint was first filed shall take concluded bilateral agreements or arrangements: Provided that such cognizance of the case. Section 4. Any aggrieved person may file a complaint in monetary claims arising from breach of contractual obligations. principals. contracting partners and OFWs securing the best possible employment terms and conditions for overseas processed by the POEA. The POEA shall exercise original and exclusive jurisdiction to hear and decide: .A. and provided further that such countries shall observe and/or comply with the international laws and standards for migrant workers. establish and administer a Foreign Employers Guarantee Fund which shall be answerable for the workers' Section 8. at the option of the the Administration shall deploy only to countries where the Philippines has complainant. in coordination with appropriate entities concerned. as amended. countries shall guarantee to protect the rights of Filipino migrant workers. (Based on jurisdictional setting up a licensing and registration system. It shall also formulate and areas under the POEA Charter or E. 247. Filipino workers. the POEA shall. where the complainant applied or was recruited. writing and under oath for violation of the Labor Code and the POEA Rules and Regulations and other issuances. It shall be responsible for the regulation and (b) disciplinary action cases and other special cases. and taking into consideration the needs of vulnerable sectors and the peculiarities of sea-based and land-based workers. Section 3. The POEA shall regulate private including refund of fees collected from the workers and violation of the sector participation in the recruitment and overseas placement of workers by conditions for issuance of license to recruit workers. and such other employers as public interests may require. through relevant guidelines.

awareness by the OFWs and their families of these programs and other related government programs. subject to preliminary evaluation. Make representation and may call on the agencies or entities concerned to action cases against workers. implementation of OWWA welfare programs and services and in line with the One-Country Team Approach for on-site services. NRCO 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. the Administrator may impose disqualification from the overseas employment program. Programs and Services.For this purpose. or 1. complaints or problems brought to his/her attention. 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. C. they may need in the enforcement of contractual obligations by agencies or entities and/or by their principals. B. may conduct Section 12. suspension. in the exercise of adjudicatory power. For pre- employment/recruitment violation cases. and Where the penalty of suspension is imposed. . The OWWA shall continue to formulate proceedings based on reports of violations or any of the grounds for and implement welfare programs for overseas Filipino workers and their disciplinary actions provided in the POEA Rules and Regulations and other families in all phases of overseas employment. or in any OWWA Regional Welfare Office. For disciplinary 2. All pre-employment/recruitment violation and disciplinary action cases shall be barred if not commenced or filed with Section 13. the Administrator may likewise impose conferences or conciliation meetings for the purpose of settling the suspension or disqualification. In the the Administration within three (3) years after such cause of action accrued. Section 9. the coordinating officer shall: Section 10. Imposition of Administrative Penalty. Provide the Filipino migrant worker and his/her family all the assistance cancellation or revocation of license. the Administrator. may impose the penalty of reprimand. the Administration. on its own initiative. If there is no final settlement at the jobsite and the worker is repatriated back to the Philippines. OWWA However. conciliation may continue at the OWWA Central Office. Prescriptive Period. Assistance in the Enforcement of Contractual Obligations. Section 11. Appeal. It shall also ensure the issuances on overseas employment. the Welfare Officer or in his/her absence.

The NRCO shall be attached to the Office of the Administrator of OWWA for supervision and policy guidance. and other government agencies involved in training and livelihood development shall give priority to household service workers and entertainers. The NRCO shall. investments and financial literacy for returning (h) Conduct research for policy recommendations and program Filipino migrant workers and their families in coordination with relevant development. (a) Develop and support programs and projects for livelihood. of their reintegration into Philippine society. and stakeholders. entrepreneurship. development and the full for returning Filipino migrant workers. Section 15. service providers and relevant The NRCO is hereby created in the Department of Labor and Employment international organizations for the promotion. Functions of the NRCO. and maintain and upgrade computer-based service capabilities of the NRCO. TESDA. government agencies. serve as a promotion house for their local employment. the Technology Resource Center (TRC). implementers. (c) Institute. in cooperation with other government agencies concerned. (b) Coordinate with appropriate stakeholders. savings. both public and private. and stakeholders. For this purpose. . serve as a One-Stop Center that shall address the multi-faceted needs of OFW-returnees and their families. and tap their skills and potentials for national development.Section 14. service providers and international organizations. (e) Develop and implement other appropriate programs to promote the welfare of returning Filipino migrant workers. (d) Provide a periodic study and assessment of job opportunities for returning Filipino migrant workers. (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 The NRCO shall undertake the following: workers and their families. which shall provide the mechanism utilization of overseas Filipino worker returnees and their potentials. in coordination with appropriate government and non. a computer-based information system on returning Filipino migrant workers which shall be accessible to all local recruitment agencies and employers. service providers. Establishment of the National Reintegration Center for OFWs.

Section 17. hospitalization services. livelihood and entrepreneurial development. the g. shall. Resource Center shall provide the following services: Section 16. A Migrant Workers and other Overseas Filipinos Resource Center shall be established in countries where there are large concentration of OFWs. as determined by the Secretary of Labor and Employment. Human resource development. OWWA. formulate a program that would motivate migrant workers to plan for productive options such as entry into highly technical jobs or undertakings. established within the premises of the Philippine Embassy or the Consulate and be under the administrative jurisdiction of the Philippine Embassy. Orientation program for returning workers and other migrants. better wage employment.(i) Undertake other programs and activities as may be determined by the Section 18. Information. Implementation of DOLE and OWWA Programs. Migrant Workers and Other Overseas Filipinos Resource Center c. When the Migrant Workers and other Overseas Filipinos Resource Center is established outside the premises of the Embassy or Consulate. Counseling and legal services. such as training and skills upgrading. and POEA a. The DOLE. It shall be e. Welfare assistance including the procurement of medical and of savings. within sixty (60) days from effectivity of these Rules. Services. Gender-sensitive programs and activities to assist particular needs of Department of Foreign Affairs shall exert its best effort to secure appropriate migrant workers. Registration of irregular/undocumented workers to bring them within the purview of the Act. d. recognition from the receiving government in accordance with applicable laws and practices. advisory programs to promote social integration such as post- arrival orientation. and investment b. The Migrant Workers and other Overseas Filipinos Secretary of Labor and Employment. TESDA.1avvphi1 f. Establishment of Migrant Workers and other Overseas Filipino Resource Center. . settlement and community networking services and activities for social interaction. Formulation of Program. D. h.

including the costs of services and programs not specially funded under the a. Public Relations Officer or Case Officer conversant. j. ROLE OF DOH with the local language. orally and in writing.i. Individual volunteers and representatives from bona fide non-government from the respective agencies' budgets. A counterpart 24-hour Information and government agencies abroad. Section 19. customs and practices. The establishment. organizations from the receiving countries. However. in Chief of Mission informed and updated on all matters affecting it at least accordance with this Rule. shall be sourced from the General Appropriations Act (GAA) and shall highly problematic countries as categorized by the DFA and DOLE and be included in the annual budget of the DOLE. in Act. if available and necessary as determined by the Labor Attaché in consultation with the Chief of Mission. yearly maintenance and operating costs of the Migrant Workers and other Overseas Filipinos Resource Centers. and Section 20. Round-the Clock Operations. where there is a concentration of Filipino migrant workers. a Labor Overseas Filipino Resource Center shall operate on a 24-hour basis including Attaché and other service attachés or officers who represent Philippine Saturdays. The Migrant Workers and other Resource Center shall be staffed by Foreign Service personnel. Personnel. laws. Administration of the Center. Ensuring that labor and social welfare laws in the receiving country are fairly applied to migrant workers and other overseas Filipinos. Monitoring of the daily situation. Each Migrant Workers and Other Overseas Filipinos Section 21. quarterly through a written report addressed to the Chief of Mission. and/or . Psychologists. Legal Officers (POEA/NLRC/DOLE) and such other professionals deemed necessary by the Secretary of Labor and Employment. Conciliation of disputes arising from employer-employee relationship. and a Shari'a or Human Rights Lawyer. 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 k. d. the salaries and allowances of overseas personnel shall be sourced b. Social Workers. RULE XI c. Sundays and holidays. The following personnel may be assigned to the Center: Section 22. Assistance Center to ensure a continuous network and coordinative mechanism shall be established at the DFA and the DOLE/OWWA. Budget. circumstances and activities affecting migrant workers and other overseas Filipinos.

on Filipino migrant workers as requirement for their overseas employment. In case an OFW is conducting health examinations on migrant workers for certain receiving found to be not medically fit within fifteen (15) days upon his/her arrival in countries. The DOH shall set a minimum and maximum range of fees for (f) All DOH-accredited medical clinics. he/she will be hired and deployed to the jobsite and only those health pursuant to POEA Rules and Regulations. The Department of Health (DOH) office for registration and then farmed out to a medical clinic located shall regulate the activities and operations of all clinics which conduct elsewhere. which requires overseas Filipino workers to go first to an shall. the different examinations to be conducted. in addition to any other liability it may have incurred. physical. shall not be allowed. Pursuant to this. suffer the . psychological and other similar examinations. the result of the examination. medical. optical. (c) No groups of medical clinics shall have a monopoly of exclusively Section 3. dental. the DOH establish and operate clinics that can serve the health examination shall ensure that: requirements of Filipino migrant workers to provide them easy access to such clinics all over the country and lessen their transportation and lodging expenses. based on a thorough and conducting health examinations for Filipino migrant workers shall observe periodic review of the cost of health examinations and after consultation the same standard operating procedures and shall comply with with concerned stakeholders. Section 2. the country of destination. conducted. The Any DOH-accredited clinic which violates any provisions of this section decking practice. Temporary Disqualification of Foreign Employers. hereinafter referred to as health examinations. Any foreign (b) The Filipino migrant workers shall only be required to undergo health employer who does not honor the results of valid health examinations examinations when there is reasonable certainly by the hiring conducted by a DOH-accredited or DOH-operated clinic shall be temporarily recruitment/manning agency pursuant to POEA Rules and Regulations that disqualified from participating in the overseas employment program. The temporary disqualification of examinations which are absolutely necessary for the type of job applied for the employer may be lifted only upon the latter's unqualified acceptance of those specifically required by the foreign employer shall be conducted. Pre- Employment Medical Examinations (PEME) for overseas work applicants (e) Within a period of three (3) years from the effectivity of the Act. Regulation of Medical Clinics. and (a) The fees for the health examinations are regulated. 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. all DOH shall be performed only in DOH-accredited medical clinics and health regional and/or provincial hospitals under local government units shall facilities utilizing the standards set forth by DOH.Section 1. (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. regularly monitored and duly published to ensure that the said fees are reasonable and not exorbitant. including the DOH-operated clinics. Liability of Medical Clinic or Health Facility. The applicant-worker shall pay directly to the internationally-accepted standards in their operations to conform with the DOH-accredited medical clinics or health facilities where the PEME is to be requirements of receiving countries or of foreign employers/principals.

Provide a venue for the POEA. other government agencies. Such desks or kiosks shall. c. and non- government organizations advocating the rights and welfare of OFWs. particularly the POEA for its updated lists Within sixty (60) days from effectivity of these Rules. pertinent guidelines to implement the provisions of this Rule. and contact number of the employer. in REPATRIATION OF WORKERS partnership with the POEA. Launch an aggressive campaign against illegal recruitment. arrest and/or prosecution of illegal recruiters. when Section 4. Any government official or employee who violates any provision of this Rule shall be removed or dismissed from service with disqualification to hold any b. reason for repatriation could have been detected at the time of examination To carry out this task. They shall report any illegal recruitment activity to the POEA for appropriate action. job category. Liability of Government Personnel for Nonfeasance and necessary. Such penalty is without prejudice trained LGU personnel to conduct Pre-Employment Orientation Seminars to any other liability which he/she may have incurred under existing laws. other concerned government agencies. classified according to occupation. In the fight against illegal recruitment. shall take a proactive stance by being primarily responsible for the dissemination .penalty of revocation of its DOH-accredited if after investigation. rules or regulations. providing current information to their constituents on all the processes and aspects of overseas employment. Section 1. the medical of information to their constituents on all aspects of overseas employment. Establish and maintain a database pertaining to a master list of OFWs RULE XII residing in their respective localities. the following shall be undertaken by the LGUs: using the DOH PEME package as required by the employer/principal or the receiving country. the local government units (LGUs) and the Department of the Interior and Local Government (DILG). gender. name. including ROLE OF LGUs visa classification. as far as practicable. address. NGOs. Issuance of Guidelines. coordinate with appropriate government agencies regarding the Malfeasance of their Duties under the Act. d. a. civil status. by country or state of destination. be fully computerized and shall be linked to the database of all concerned government agencies. the DOH shall issue the of overseas job orders and licensed agencies in good standing. Role in Anti-Illegal Recruitment and the Overseas Employment RULE XIII Program. and appointive public office for five (5) years. They shall provide legal assistance to victims of illegal recruitment and. (PEOS) to their constituents on a regular basis. Establish OFW help desks or kiosks in their localities with the objective of Section 5.

within 48 hours from such notice. Section 2. any agency involved in the worker's responsibility to repatriate entails the obligation on the part of the principal recruitment. the employer or principal shall have fifteen (15) days from notice to secure Notwithstanding the provisions of Section 37-A of the Act. In case there is a need to secure an exit visa for the repatriation of the worker. not be lifted until the agency reimburses the OWWA of the cost of repatriation with legal interest. However. All costs notify OWWA and the POEA of such need. to immediately repatriate the worker should the need for it arise. without a prior determination of the cause of the termination of the worker's employment. OWWA shall advance the costs of repatriation securing the visa at no cost to the worker. and the obligation of the worker to refund the cost thereof in case a period of fifteen (15) days from receipt of the POEA notice. The POEA shall issue a notice attendant thereto shall be borne by the principal. The agency shall notify the POEA of such compliance. The administrative sanction shall the principal or employer in securing the visa. the primary such an exit visa. and the transport of When a need for repatriation arises and the foreign employer fails to provide his/her personal effects shall be the primary responsibility of the principal. the plane ticket or the prepaid ticket advice (PTA) to the POLO or Philippine Embassy. the POEA shall suspend the documentary In countries where there is a need to secure an exit visa for the worker's processing of the agency or impose such sanctions as it may deem necessary. including principal or employer in securing the visa. deployment cost of the principal. and immigration fines and penalties. The repatriation of the worker or his/her remains. and may impose suspension of documentary processing on the agency. The agency shall coordinate with with recourse to the agency or principal. plane fare. Section 3 Repatriation Procedure. the Section 4. concerned. processing. repatriation. Primary Responsibility for Repatriation. if warranted. If the employment agency fails to provide the ticket or PTA within 48 hours from receipt of the notice. Action on Non-Compliance. employer or the agency requiring the agency concerned to provide. the principal or employer shall be primarily responsible for Upon notice from the POEA. suspend the employer or principal from participating in the overseas employment program. principal or agency may recover the cost of repatriation from the worker if the termination of employment was due solely to his/her fault. which shall then inform OWWA of the action of the agency.Section 1. . Obligation to Advance Repatriation Costs. and/or deployment shall also coordinate with the or agency to advance the repatriation and other attendant costs. after the worker has returned to the country. the POLO or responsible personnel on-site shall simultaneously employer or agency that recruited or deployed him/her abroad. the POEA shall his/her fault is determined by the Labor Arbiter. Every contract for overseas employment shall provide for the primary responsibility of the principal or employer and agency to advance the cost of If the principal or employer and/or agency fail to secure the exit visa within plane fare. for its cost. Moreover.

In no case shall a private recruitment/manning agency require any bond or cash deposit from the worker to guarantee performance under the contract The refund shall be independent of and in addition to the indemnification for or his/her repatriation.000. and in appropriate situations. epidemic. international agencies.000. to the underage migrant worker or to his parents or guardian in a summary proceeding conducted. The POEA shall also order the recruitment/manning agency to refund all fees pertinent to the processing of papers or documents Section 9. Emergency Repatriation Fund. the damages sustained by the underage migrant worker. and other without means. shall cause the repatriation in appropriate cases. the OWWA shall make representation with recruitment/manning agency that deployed an underage migrant worker the Office of the President for immediate funding in excess of said amount. advance the needed costs from the Emergency Repatriation Fund without prejudice to reimbursement by the deploying agency and/or principal. the OWWA shall information. Mandatory Repatriation of Underage Migrant Workers. Section 6. the POEA shall cancel the license of the Million (P100. after notice and hearing and shall impose a fine of not less than five hundred thousand pesos (Php500.Section 5. natural or man-made. Upon discovery or upon being informed of the presence of migrant workers whose Section 8.00) Pesos. Emergency Repatriation. Other Cases of Repatriation.000. in coordination with the similar events without prejudice to reimbursement by the responsible DFA. Prohibition on Bonds and Deposits. or the worker in appropriate cases. 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 When repatriation becomes immediate and necessary. In such case. in the deployment. without prejudice to the OWWA concerned. shall undertake the repatriation of workers in cases of cannot be located or had ceased operations. the POEA shall ask the concerned agency to work towards reimbursement of costs advanced by the In addition to requiring the recruitment/manning agency to pay or OWWA.000. Simultaneously.00).000. The OWWA. requiring the agency/employer/insurer or the worker to reimburse the cost of repatriation. with In all cases where the principal or agency of the worker cannot be identified. .00) but not more than One million pesos (Php1. Section 7. disasters or calamities. In cases where the cost of repatriation shall exceed One Hundred reimburse the costs of repatriation. actual ages fall below the minimum age requirement for overseas deployment. and the worker is in need and war. All costs attendant to principal or agency within sixty (60) days from notice. the OWWA personnel at the jobsite. the repatriation borne by the OWWA may be charged to the Emergency POEA shall simultaneously identify and give notice to the agencies Repatriation Fund provided in the Act. 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. in coordination with DFA.

Composition. and g) Department of Tourism. implement a shared government information system for migration. n) National Computer Center. e) Department of Health and concerned attached agencies. h) Insurance Commission. m) Commission on Information and Communications Technology. c) Department of Justice. d) Department of the Interior and Local Government. p) National Statistics Office. The Inter-Agency Committee shall be composed of the following agencies: k) National Bureau of Investigation. . f) Department of Social Welfare and Development. r) Other government agencies concerned with overseas employment. An Inter-Agency Committee shall be established to j) Bureau of Immigration.RULE XIV SHARED GOVERNMENT INFORMATION SYSTEM FOR MIGRATION i) Commission on Filipinos Overseas. q) Home Development Mutual Fund. Section 1. o) National Statistical and Coordination Board. a) Department of Foreign Affairs: l) National Telecommunications Commission. b) Department of Labor and Employment and concerned attached agencies.

including those serving prison terms. and a) Master lists of Filipino migrant workers/overseas Filipinos classified i) List of overseas posts. Section 3. the following information: involving male and female migrant workers. Declassification and Sharing of Existing Information. information contained in existing data bases/files of its member agencies. g) List of labor and other human rights instruments where receiving countries are signatories. These shared databases h) A tracking system of past and present gender desegregated cases shall initially include. Section 4. Accessibility and Linkaging of Computer Systems. b) Inventory of pending legal cases involving Filipino migrant workers and other Filipino migrant workers and other Filipino nationals. in particular. d) Statistical profile on Filipino migrant workers/overseas Filipinos/ Initially. e) Blacklisted foreigners/undesirable aliens. the Inter-Agency Committee shall make available to itself the tourists. marriage laws and civil be co-chaired by the Department of Foreign Affairs and the Department of and criminal codes in receiving countries particularly those with large Labor and Employment. The second phase shall involve linkaging of computer facilities systems in order to allow the free-flow data exchanges and sharing among concerned agencies. k) List of accredited foreign employers. Chair and Technical Assistance. c) Master list of departing/arriving Filipinos. which may render assistance to overseas Filipinos in according to occupation/job category.Section 2. j) List of licensed recruiters and recruitment agencies. . necessary technical assistance and shall set the appropriate information and communications technology standards to facilitate the sharing of information among the member agencies. The Inter- Agency Committee shall convene to identify existing databases. The National Computer Center shall provide the numbers of Filipinos. immigration policies. civil status. and migrant workers. The Inter-Agency Committee shall f) Basic data on legal systems. Availability. including minors. but not be limited to. destination including visa classification. which shall be declassified and shared among member agencies. by country/state of general.

Secretariat. (b) Family Assistance Loans . and procedures in implementing this Rule. and for purposes envisioned by the Act. and timeless and availability of data. MIGRANT WORKERS LOAN GUARANTEE FUND Section 6. The E-Government Fund may be tapped for purposes of fund sourcing by the Inter-Agency Committee. and their dispositions. and Inter-Agency Committee shall be based in the DFA. . The Inter-Agency Committee shall meet Section 1.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. Definitions. related to the usual RULE XV functions of the Inter-Agency Committee members. Information and data acquired through this shared information system shall be treated as confidential and shall only be used for official and lawful purposes. The Philippine Charity Sweepstakes Office shall allocate an Committee. Thereafter. The Inter-Agency Committee shall convene thirty (30) days from effectivity of these Rules to prioritize the discussion of the following. 10022. airplane fare. subsistence allowance. including declassification of information.refer to loans granted to currently employed migrant workers or their eligible dependents/families in the Philippines to tide them over during emergency situations. initial amount of P10 Million to carry out the provisions of this Rule. 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. 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. Confidentiality of Information. which shall provide administrative and support services to the criminal/civil/administrative cases. Section 7. Regular Meetings. guidelines. The Inter-Agency Committee shall establish policies.l) List of recruiters and recruitment agencies with decided/pending A secretariat. m) Such other information as may be deemed necessary by the Inter-Agency Section 8. cost of clothing and pocket money. Funds. (a) Pre-Departure Loans . Section 5. The progress of the implementation shall be included in the report of the DFA and the DOLE under Section 33 of the Act. inter alia: data to be shared. frequency of reporting.

The Fund. (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. 21 of the Act.000. shall be used exclusively to guarantee the (a) to prevent any recruiter from taking advantage of workers seeking repayment of Pre-Departure and Family Assistance Loans granted by employment abroad by expanding the grant of Pre-Departure and Family participating GFIs.refers to a contract between the participating All departing migrant workers who need financial assistance to pay or financial institution and OWWA whereby the latter pledges to pay a loan satisfy their pre-departure expenses may avail of the Pre-Departure Loans. cover on the pre-departure and family assistance loans of migrant workers who lack or have insufficient collateral or securities.000.00) from the Capital Funds of OWWA shall constitute the Migrant Workers Loan Guarantee Fund. obtained by a migrant worker from the former in case the worker defaults. and Section 5. Assistance Loans to covered migrant workers. Section 4. Section 2. Loan Guarantee Fund. The OWWA shall initiate arrangements with GFIs to implement mutually agreed financing schemes. Financing Scheme. the amount of One Hundred Million pesos (P100. Administration of the Fund. All existing revolving funds earmarked for the Pre-Departure and Family (b) to establish and operate a guarantee system in order to provide guarantee Assistance Loans shall revert back to the OWWA Capital Fund. Section 6. Currently employed migrant workers or their eligible dependents who need (d) GFIs .refer to government financial institutions. that will expand the Pre-Departure and Family Assistance Loans. Guarantee Agreement. which shall be administered by the OWWA. . Coverage and Scope. Section 3.(c) Guarantee Agreement . The Migrant Workers Loan Guarantee Fund is hereby established: Pursuant to Sec. emergency financing assistance may avail of the Family Assistance Loan.

he shall be entitled to a .000. beneficiaries.00) survivor's benefit payable to the migrant worker's given to the worker in a judgment or settlement of his/her case in the NLRC. as well as transporting to the said worker. locating a local and Section 1. In case of death. (e) Subsistence allowance benefit. or by the employee with just cause. the insurance provider shall arrange and pay for the repatriation or return of the worker's remains. Migrant Workers Covered. The following disabilities shall be deemed permanent: total. RULE XVI COMPULSORY INSURANCE COVERAGE (d) Repatriation cost of the worker when his/her employment is terminated FOR AGENCY-HIRED WORKERS by the employer without any valid cause. Policy Coverage. including but not limited to. The insurance provider shall also render any assistance necessary in the transport.000. obtaining legal clearances. 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. purchasing the covered by a compulsory insurance policy which shall be secured at no cost minimally necessary casket or air transport container. (a) Accidental death. body for transport. In addition to the performance bond to licensed funeral home. completing all documentation. When a migrant worker is hospitalized and has been confined for at least seven (7) consecutive days. with at least Ten Thousand United States Dollars (US$ 10. This provision shall be without prejudice to the provisions of Rule XIII of these Rules and Regulations. mortuary or direct disposition facility to prepare the be filed by the recruitment/manning agency under Section 10 of the Act. Section 2. permanent complete paralysis of two limbs.500) disability benefit payable to the migrant financial institution and the OWWA. (g) Compassionate visit. with at least Seven Thousand Five Hundred Agreement has been prepared and approved by both the participating United States Dollars (US$7. including the transport of his/her personal belongings. the remains including retrieval from site of death and delivery to the receiving funeral home. (b) Natural death. brain injury resulting to incurable imbecility or insanity. with at least Fifteen Thousand United States Dollars (f) Money claims arising from employer's liability which may be awarded or (US$ 15. loss of two limbs at or above the ankles or wrists. with at least One Hundred United States Dollars (US$100) per month for a maximum of six (6) months for a migrant Such insurance policy shall be effective for the duration of the migrant worker who is involved in a case or litigation for the protection of his/her worker's employment contract and shall cover. at the minimum: rights in the receiving country. worker. complete loss of sight of both eyes.No loan shall be considered covered by a guarantee unless a Guarantee (c) Permanent total disablement. providing death certificates.00) survivor's benefit payable to the migrant worker's beneficiaries. each migrant worker deployed by a recruitment/manning agency shall be procuring consular services.

It shall be the duty of the said directors. which are in existence and operational for at least five (5) years. and included therein. attending physician.000. and 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. however. who work or have interest in any of the insurance provider. Section 4. It is. foreign insurance companies shall include to at least one of his/her beneficiaries the terms and benefits of the insurance entities providing indemnity cover to the vessel. as determined by the insurance company's the worker's insurance coverage.000. employees or agents with relatives. When an adequate medical facility is not available with a current year certificate of authority shall be qualified to provide for proximate to the migrant worker. Notice of Claim. within the fourth civil supervision by the mode of transport necessary shall be undertaken by the degree of consanguinity or affinity. In the case of seafarers who are insured under policies issued by foreign insurance companies. employees or agents to disclose any such (i) Medical repatriation. The of the agency necessary for the claim must be readily accessible to the insurance company shall pay for the transportation cost of the family claimant. that the minimum coverage under sub-paragraphs (a) to (i) are to sufficiently explain to the migrant worker. It shall XIII of these Rules and Regulations. If the period to receive medical clearance to travel exceeds fourteen Section 5. It shall be the duty of the certificates or other proofs of cover from recruitment/manning agencies: recruitment/manning agency. the POEA shall accept Section 3. in collaboration with the insurance provider. For this purpose. Insurance companies who have directors. evacuation under appropriate medical partners. When medically necessary as determined by the interest to the IC and POEA. Qualification of Insurance Companies. the responsibility of the family member or requested individual to meet all visa and travel document requirements. including the claims procedure. officers.compassionate visit by one (1) family member or a requested individual. in filing a claim with the insurance provider. it shall be the duty of the pursuant to subparagraphs (a). and (h) Medical evacuation. 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. (c). (b). The recruitment/manning (14) days from the date of discharge from the hospital. Any person having a claim upon the policy issued Also. arranged. Provided. coverage. (d) and (e) of Section 2 of this Rule recruitment/manning agency to assist the migrant worker and/or the shall present to the insurance company concerned a written notice of claim beneficiary and to ensure that all information and documents in the custody together with pertinent supporting documents. member or requested individual to the major airport closest to the place of hospitalization of the worker. Duty to Disclose and Assist. may be providers the company that will insure the migrant worker it will deploy. The insurance company shall . Medical and non-medical escorts may be provided when After procuring such insurance policy. This provision shall be without prejudice to the provisions of Rule shall provide an authenticated copy thereof to the migrant worker. officers. Section 6. Only reputable private insurance companies duly registered with the (IC). Requirement for Issuance of OEC. an alternative agency shall have the right to choose from any of the qualified insurance appropriate mode of transportation.00) to be determined by the IC. 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. with a net worth of at least Five Hundred Million Pesos (Php500. partners. before his/her departure. the recruitment/manning agency necessary. such as air ambulance. physician and a consulting physician.

within ten (10) days from submission of the above-stated adjudged or agreed upon within thirty (30) days from receipt thereof. (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. the Labor Arbiter shall. 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) Section 7. the names of the parties and the nature of the cause of action of the migrant worker.in case of natural or accidental death. shall be sufficient evidence to substantiate the Claim. the concerned Labor Attaché or. in his absence. Such amount received by the seafarer/beneficiary may be entitled to under the provisions of the POEA-Standard Employment Contract or collective (2) The recruitment/manning agency shall then immediately file a notice of bargaining agreement (CBA). Documentary Requirement for Repatriation Claim. as the mandating the respondent recruitment/manning agency to pay the amount case may be shall. 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.in case of permanent disablement. For the payment of money claims (2) Police or Accident Report . (3) Within ten (10) days from the filing of notice of claim. For within ten (10) days from the filing of the notice of claim. or (c). Documentary Requirements for Subsistence Allowance Benefit Philippine foreign posts. no fault or negligence provision of this section attaching therewith a copy of the decision or compromise agreement. or permanent total disablement under Section 2 (a). issue a writ of execution In case of a seafarer.forthwith ascertain the truth and extent of the claim and make payment Section 8. repatriation under subparagraph (d) of Section 2 of this Rule . the insurance company shall make payment to the recruitment/manning agency the . (1) After a decision has become final and executory or a settlement/compromise agreement has been reached between the parties at the NLRC. Any claim in excess of the amount paid claim with its insurance provider for the amount of liability insured. Section 10. documents. Documentary Requirements for Accidental or Natural Death or located in the receiving country. Such certification shall be solely for the Disablement Claims. the embassy or consular official shall issue a certification which states the name of the case. pursuant to the no contest. natural death purpose of complying with this section. (1) Death Certificate . the following rules shall govern: (3) Medical Certificate . and following the conduct of pre-execution conference. and under sub-paragraph (f) of Section 2 of this Rule.in case of accidental death. shall be determined in accordance with the POEA-SEC or CBA. For subsistence allowance benefit under sub-paragraph (e) of Section claim: 2 of this Rule. motu proprio or upon motion. Any claim arising from accidental death. duly authenticated by the Section 9. the amounts provided in Section 2 (a). (b). Settlement of Money Claims.

rules or regulations. the IC. To protect the rights of these workers. name hires or direct hires. Section 11. partners. deposit shall be forthwith garnished to satisfy the migrant worker's claim. or dispute in the enforcement of any insurance policy issued under this Rule shall be brought before the IC for mediation or adjudication. the NLRC shall have the whichever is lower. the recruitment/manning agency shall pay the premium or the cost of the insurance coverage or that the said insurance amount adjudged or agreed upon within the remaining days of the thirty. Section 12. unless the latter are impleaded. Disputes in the Enforcement of Insurance Claims. additional fee from the migrant worker. Such penalty is without prejudice to any other liability which such period. NLRC. that has become final and executory or a claim in full. X of these Rules shall be answerable for the workers' monetary claims arising from breach of contractual obligations. and pursuant to Section 37-A of the Act. 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. together with DOLE. shall. including conciliation and mediation services. officers and employees shall be perpetually disqualified from engaging in the business of recruitment of overseas (5) If the worker's claim was not settled within the aforesaid thirty-day workers. For migrant workers (6) The provision of compulsory worker's insurance under this section shall recruited by the POEA on a government-to-government arrangement. Section 13.amount adjudged or agreed upon. taking into account that in case the amount of insurance settlement/compromise agreement reached between the parties. Formulation of Implementing Rules and Regulations. as provided in the first sub-paragraph hereof. proprietors. After receiving the insurance payment. or the amount of liability insured. it is liable to pay the balance thereof. (7) Lawyers for the insurance companies. Optional Coverage. . For migrant workers classified as rehires. Notwithstanding the preceding paragraph. coverage was used as basis by the recruitment/manning agency to claim any day period. the exclusive jurisdiction to enforce against the recruitment/manning agency its recruitment/manning agency shall immediately pay the migrant worker's decision. the recruitment/manning agency's performance bond or escrow persons may have incurred under existing laws. the not affect the joint and several liability of the foreign employer and the POEA Foreign Employers Guarantee Fund referred to under Section 5. the DOLE and POEA shall provide them adequate legal assistance. Rule VII. Liability of Recruitment/Manning Agency. Any question whether at home or abroad. coverage is insufficient to satisfy the amount adjudged or agreed upon. the said licensed recruitment/manning agency shall lose its license and all its directors. Within thirty (30) days from the effectivity of these Rules. In case it is shown by substantial evidence before the POEA that the migrant worker who was (4) In case the insurance company fails to make payment within ten (10) days deployed by a licensed recruitment/manning agency has paid for the from the filing of the claim. resolution or order. as the lead agency. Section 15. Rule recruitment/manning agency under Section 10 of the Act. shall be prohibited to appear before the NLRC in money claims cases under Section 14. Foreign Employers Guarantee Fund.

Dispute settlement. based upon the report of NLRC and 3. Administrative monitoring and supervision. insurance companies. Section 17. and . which 10. the IC shall convene the 1. amending and/or repealing these subject provisions. The DOLE shall include such 4. assessment in its year-end report to Congress. Automatic Review. shall include the following: Within five (5) days from effectivity of these Rules. MISCELLANEOUS PROVISIONS 9. without prejudice to an earlier review if necessary and warranted for the purpose of modifying. Premium rate. Benefits. RULE XVII 8. 7. Assessment of Performance of Insurance Providers. At the end of every year. 5.and POEA. Other matters deemed necessary. Accreditation of insurers. 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. POEA on their respective interactions and experiences with the insurance companies. Qualifications of participating insurers. inter-agency committee to commence the formulation of the aforesaid necessary rules and regulations. Uniform Standard Policy format. in consultation with the recruitment/manning agencies and legitimate non-government organizations advocating the rights and welfare of OFWs. Claims procedure. the DOLE and the IC shall jointly make an assessment of the performance of all insurance providers. Section 16. 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 6. Underwriting Guidelines. issue the necessary implementing rules and regulations. 2.

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- (e) The final list of all the nominees selected by the OWWA/POEA
based and land-based sectors respectively, to be selected and nominated Governing Boards, which shall consist of three (3) names for each sector to be
openly by the general membership of the sector being represented. represented, shall be submitted to the President and published in a
newspaper of general circulation.

The selection and nomination of the additional members from the women,
sea-based and land-based sectors shall be governed by the following Incumbent representatives appointed pursuant to this section and who are
guidelines: eligible for re-appointment shall be automatically included in the list referred
to under subsection (d).

(a) The POEA and OWWA shall launch a massive information campaign on
the selection of nominees and provide for a system of consultative sessions Within thirty (30) days from the submission of the final list referred to under
for the certified leaders or representatives of the concerned sectors, at least subsection (e), the President shall select and appoint from the list the
three (3) times, within ninety days (90) before the Boards shall be convened, representatives to the POEA/OWWA Governing Boards.
for purposes of selection. The process shall be open, democratic and
transparent.

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
(b) Only non-government organizations that protect and promote the rights shall, in accordance with the provisions of the Act, appoint a replacement
and welfare of overseas Filipino workers, duly registered with the who shall serve the unexpired term of his/her predecessor.
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;
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
(c) The nominee must be at least 25 years of age, able to read and write, and a provisions of this section, subject to the respective Charters, Implementing
migrant worker at the time of his/her nomination or was a migrant worker Rules and Regulations, and internal policies of such agencies and
with at least three (3) years experience as such; corporations.

(d) A Selection and Screening Committee shall be established within the The existing members of the Governing Boards of POEA and OWWA
POEA and OWWA by the Secretary of Labor and Employment to formulate representing the women, land-based, or sea-based sectors shall serve the
the procedures on application, screening and consultation, and shall be remaining portion of their three-year terms. Thereafter, their positions shall
responsible to provide the list of qualified nominees to the respective be deemed vacant, and the process of selection of their replacement shall be
Governing Boards; and 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.
(e) Changes in the laws and policies of host countries; and

Incumbent representatives in the Governing Board with no fixed term shall
remain in holdover capacity, until a replacement is appointed in accordance (f) Status of negotiations on bilateral labor agreements between the
with this section. Philippines and the receiving country.

Section 2. Report to Congress. In order to inform the Philippine Congress on Section 3. Effect on Failure to Report. Any officer of the government who has
the implementation of the policy enunciated in Section 4 of the Act, the DFA the legal duty to report, yet fails to submit the aforesaid Report to Congress,
and the DOLE shall submit separately to the said body a semi-annual report without justifiable cause, shall be subject to an administrative penalty of
of Philippine foreign posts located in, or exercising consular jurisdiction dismissal from the service with disqualification to hold any appointive
over, countries receiving Filipino migrant workers. The mid-year report public officer for five (5) years.
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: 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
(a) Master list of Filipino migrant workers, and inventory of pending cases connection with the recruitment and placement of and assistance to migrant
involving them and other Filipino nationals including those serving prison workers shall be rendered free. The administrative cost thereof shall not be
terms; borne by the worker.

(b) Working conditions of Filipino migrant workers; 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.

(c) Problems encountered by the migrant workers, specifically violations of
their rights;
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
(d) Initiatives/actions taken by the Philippine foreign posts to address the Section 181 of the National Internal Revenue Code, as amended.
problems of Filipino migrant workers;

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 Section 6. Creation of the Scholarship Fund Committee. There is hereby
beneficiary in the availment of the DST exemption. created a Scholarship Fund Committee to be composed of representatives
from the DOLE, DOST, POEA, OWWA, TESDA and two (2) representatives
of migrant workers to be appointed by the Secretary of Labor and
Employment.
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 Section 7. Functions of the Scholarship Fund Committee.
making arrangement that for his/her remittance transfers.

(a) To set the coverage, criteria and standards of admission to the
A proof of entitlement that is no longer valid shall not entitle an OFW to DST Scholarship Program;
payment exemption.

(b) To determine the amount of availment;
The Bureau of Internal Revenue (BIR), under the Department of Finance,
may promulgate revenue regulations deemed to be necessary and
appropriate for the effective implementation of the exemption of OFWs from
DST and travel tax. (c) To monitor and evaluate the program;

Section 5. Establishment of the Congressional Migrant Workers Scholarship (d) To identify/accredit training and testing institutions; and
Fund.

(e) To perform such other functions necessary to attain the purpose of the
There is hereby created a Congressional Migrant Workers Scholarship Fund 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, as defined by the DOST.

Section 8. Implementing Agency. The OWWA shall be the Secretariat of the
Scholarship Fund Committee. As such, it shall administer the Scholarship
Program, in coordination with the DOST.
The fund of One Hundred Fifty Million Pesos (P150,000,000.00) shall be
sourced from the proceeds of Lotto draws.

in consultation with the POEA. agencies. Circulars and implementing Rules and Regulations inconsistent with these Omnibus Rules and Regulations are hereby repeated or amended accordingly. Section 1. 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. the deployment of migrant workers overseas shall proceed on a status quo basis. 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. the DFA shall.RULE XVIII twenty days (120) from the effectivity of these Rules to issue the certification required in Section 4 of the Act. Effectivity of Compulsory Insurance Requirement. Section 1. RULE XX TRANSITORY PROVISIONS RULE XXI FINAL PROVISIONS Section 1. Section 1. within 90 days from effectivity of these Rules and Regulations. Sources of Funds. the DFA shall. bureaus. Repealing Clause. instrumentalities. In countries where the Philippine Embassy exercises concurrent jurisdiction and where the Ambassador is non-resident. Prior to the expiration of the aforesaid FUNDING period. determinations of non-compliance and within the periods mentioned in the preceding paragraphs. issue the certification for countries where the Philippines maintains an embassy. Commemoration. The departments. All Department Orders. Applicability of Criteria for Receiving Countries. the DFA shall have one hundred . in consultation with the Secretary of Labor and Employment. 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. shall allow the reasonable extension of the period for the issuance of the certification upon a determination that there is a need therefor. issue a standard format to be accomplished by all Foreign Service posts. In compliance with Section 4 of the Act. the funding of which Pending the issuance of the required certifications of compliance or shall be included in the General Appropriations Act. RULE XIX MIGRANT WORKERS DAY For purposes of issuance of the certifications. the secretary of Foreign Affairs. Section 2.

Republic Act 7277 It shall develop their skills and potentials to enable them to compete favorably for available opportunities. SELF. offices and agencies of the . 2010. the State shall advocate for and encourage respect for disabled TITLE ONE GENERAL PROVISIONS persons. Done in the City of Manila. the State shall adopt policies ensuring the rehabilitation. SECOND DAY OF JULY. The State shall exert all efforts to remove all social. The State also recognizes the role of the private sector in promoting the INTO THE MAINSTREAM OF SOCIETY AND FOR OTHER PURPOSES. departments. cultural. 7277 shall be expanded beyond the traditional urban-based centers to community AN ACT PROVIDING FOR THE REHABILITATION. that will ensure full participation of different sectors as DEVELOPMENT AND SELF-RELIANCE OF DISABLED PERSON AND supported by national and local government agencies. welfare of disabled persons and shall encourage partnership in programs that address their needs and concerns. Disabled persons have the same rights as other people to take their CONGRESS OF THE PHILIPPINES proper place in society. . self-development and self-reliance of disabled persons. To facilitate integration of disabled persons into the mainstream of society. The rehabilitation of the disabled persons shall be the concern of the BEGUN AND HELD IN METRO MANILA. To reach out to a greater number of disabled persons. They should be able to live freely and as independently as possible. NINETEEN HUNDRED AND NINETY-ONE. based programs. Disabled person’s rights must never be perceived as welfare services by the Government.The provisions of these Rules and Regulations shall SECTION 2. Fifth Regular Session (c). Declaration of Polity The grant of the rights and privileges take effect fifteen days (15) after publication in two (2) newspapers of general for disabled persons shall be guided by the following principles: circulation. SECTION 3. THE TWENTY Government in order to foster their capability to attain a more meaningful. SECTION 1. Disabled persons are part of the Philippine society. productive and satisfying life. ON MONDAY. to the extend herein provided. community and all government and non-government organizations. Effectivity. the rehabilitation services and benefits Republic Act No. economic. thus the Senate shall give full support to the improvement of the total well-being of disabled persons and their integration into the mainstream of society. Coverage This Act shall covers all disabled persons and. This must be the concern of everyone the Metro Manila family. this 8th day of July. Republic of the Philippines (b). environmental and attitudinal barriers that CHAPTER I Basic Principle are prejudicial to disabled persons. THEIR INTEGRATION (d). (a). Toward this end.Section 2. Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled: (e). Title This Act shall be known and cited as the Magna Carta for Disabled Persons’•.

acquisition or modification of equipment being. or (3) being regarded as having such an impairment. and attainment of the objectives of this Act. (d). social. Marginalized Disabled Persons refer to disabled persons who lack access spiritual. 4) other similar services and actions or all types of aids and services that SECTION 4. physiological or anatomical disabled persons through workshop providing special facilities. that limits or prevents the functions or (j). In determining whether an action is 2) qualified readers. Auxiliary Aids and Services include: this description shall be considered evidence of the essential functions of the job. the provisions (b). opportunity to earn a living thus enabling them to acquire a working capacity required in open industry. training materials or company policies.National Government or non-government organization involved in the 3) acquisition or modification of equipment or devices. consideration shall be given to the employer’s judgement interpersonal relationship. to perform an usable by disabled persons. socioeconomic activities and who have no means of livelihood or whose incomes fall below poverty threshold. as to what functions of a job are essential. (g). that is considered normal given the age and sex of the individual. with or without reasonable accommodations. Definition of Terms For purposes of this Act. facilities used by employees in order to render these readily accessible to and as a result of a mental. Impairment is any loss. and if an employer has prepared a written description before advertising or interviewing applicants for the job. cultural. (m). (k). of auxiliary aids and services. Reasonable Accommodation include (1) improvement of existing (a). can perform the the life of the group. . educational and vocational measures that create conditions for the to rehabilitative services and opportunities to be able to participate fully in individual to attain the highest possible level of functional ability. activity in the manner or within the range considered normal for a human reassignment to a vacant position. cultural. these terms are facilitate the learning process of people with mental disability. Disabled Persons are those suffering from restriction of different abilities. any human group. Sheltered Employment refers to the provision of productive work for substantially limits one or more psychological. (e). Disability shall mean (1) a physical or mental impairment that (i). Qualified Individual with a Disability shall mean an individual with a society which limit the fullest possible participation of disabled persons in disability who. Rehabilitation is an integrated approach to physical. appropriate adjustments or modifications of examinations. social services to the marginalized sectors of society. economic. taped tests. Handicap refers to a disadvantage for a given individual resulting from an impairment or a disability. and (2) modification of work schedules. (f). (c). Readily Achievable means a goal can be easily attained and carried out without much difficulty or expense. disabled persons. or (l). income function of an individual or activities of such individual. or other effective methods of delivering readily achievable. Social barriers include negative attitudes which tends to essential functions of the employment position that such individual holds or single out and exclude disabled persons and which distort roles and desires. 1) the nature and cost of the action. whether legal. factors to be considered include materials to individuals with visual impairments. Social Barriers refer to the characteristics of institutions. or anatomical structure of function. community. Auxiliary Social Services are the supportive activities in the delivery of activity. recreational or other. diminution or aberration of psychological. defined as follows: (h). and other similar accommodations for physiological. However. physical or sensory impairment. (2) a record of such producing projects or homework schemes with a view to given them the an impairment. or devices. rules and regulations. 1) qualified interpreters or other effective methods of delivering materials to individuals with hearing impairments.

administrative or fiscal relationship of the facilities in question employment. vocational goals and inclinations to ensure a good working atmosphere and efficient production. This section. and (b). labor organization or joint labor-management committee. Vocational Rehabilitation Consistent with the principle of Department of Social Welfare and Development. continuing basis. Private entities that employ disabled persons who meet the required skills or qualifications. land and sea that participation of the private sector in promoting the welfare of disabled provides the public with general or special service on a regular and persons and to ensure gainful employment for qualified disabled persons. employment agency. SECTION 8. facility. however. CHAPTER I – Employment (c). A to fifty percent (50%) of the direct costs of the improvements or qualified disabled employee shall be subject to the same terms and modifications. offices or corporations engaged shall take appropriate vocational rehabilitation measures that shall serve to in social development shall be reserved for disabled persons. commerce. (o). 4) the type of operation or operations of the covered entity. That their handicap is not much as to effectively impede the composition. Commerce shall be taken to mean a s travel. emergency and contractual positions in the SECTION 9. Incentives for Employer (a) To encourage the active (n). does not apply to improvements or conditions of employment and the same compensation. disabled persons shall be eligible as apprentices or learners. . and other government agencies. and SECTION 7. to the covered entity. the State and Sports. Sheltered Employment If suitable employment for disabled action. shall be entitled to an additional deduction. Equal Opportunity for Employment No disabled to provide reasonable accommodation for disabled persons shall also be entitled to an additional deduction from their net taxable income. Private entities that improved or modify their physical facilities in order SECTION 5. further. fringe benefits. it shall accord due regard to the individual qualities. Public Transportation means transportation by air. That after the lapse of the period of apprenticeship if found satisfactory in the job performance.2) the overall financial resources of the facility or facilities involved in the SECTION 6. structure and functions of the work force of such entity. traffic. (p). skills and qualifications. Five percent (5%) of all casual. That such entities foreign country or any territory or possession and any province. modifications of facilities required under Batas Pambansa Bilang 344. Provided. however. either as regular employee. they shall be eligible for separateness. or communication among the provinces or between any and wages to disabled persons: Provided. privileges. Culture equal opportunity for disabled workers and workers in general. type and location of its facilities. trade. 3) the overall financial resources of the covered entity with respect to the number of its employees. In the placement of disabled persons in resources. Covered entity means employer. Apprenticeship Subject to the provision of the Labor Code as amended. including the Provided. Education. incentives or allowances as a qualified able-bodied person. That the disabled TITLE TWO RIGHTS AND PRIVILEGES OF DISABLED PERSONS employee is accredited with the Department of Labor and Employment and the Department of Health as to his disability. adequate incentives shall be provided to private entities which employ disabled persons. apprentice or learner. the performance of job operations in the particular occupation for which they are geographic hired. further. the State shall endeavor to provide it by means of sheltered employment. from their gross income. equivalent to twenty-five percent (25%) of the total amount paid as salaries transportation. the number. Health. present proof as certified by the Department of Labor and Employment that disabled person are under their employ. Provided. the number of persons employed at such facility. equivalent persons shall be denied access to opportunities for suitable employment. benefits. or the impact otherwise of such action upon the operation of the sheltered employment. the effect on persons cannot be found through open employment as provided in the expenses and immediately preceding Section.

subsidies. Vocational Guidance and Counselling The Department of other type of exceptional children in all regions of the country. Towards this Social Welfare and Development shall implement measures providing and end. shall promulgate the rules and regulations State provide disabled persons with training in civics. physical education provide adequate resources for non-formal education programs and projects requirements and other pertinent consideration. and other skills. Labor and Employment shall in coordination with the Department of Social Welfare and Development (DSWD) and National Council for the Welfare of SECTION 15. other incentives to qualified disabled students in both public and private schools. or municipalities. Such assistance may organization and other private entities engaged in vocational rehabilitation be in the form of scholarship grants. the Department of Education. opportunities in the labor market.develop the skills and potential of disabled persons and enable them to the provision by learning institutions. where viable. cities or and training counsellors and other suitability qualified staff responsible for municipalities. Access to Quality Education The State shall ensure that disabled persons are provided with adequate access to quality education and and technical school in every province a special vocational and technical ample opportunities to develop their skills. it shall promote cooperation financial assistance to economically marginalized but deserving disabled and coordination between the government and non-government students pursuing post secondary or tertiary education. Special Education The State shall establish. class schedules. . It shall also to secure. Braille and Record Libraries in provinces. It shall take appropriate steps to training program for disabled persons. The State shall take into physical fitness program specifically designed for disabled persons taking consideration the special requirements of disabled persons in the into consideration the nature of their handicap. Implementing Rules and Regulations The Department of supplement national funds. The State shall also promote that cater to the special needs of disabled persons. adequate and integrated system of special education for the visually impaired. support a complete. student loan programs. It shall develop and implement sports make such education accessible to all disabled persons. At least five percent (5%) of the allocation for the Private Education The Department of Social Welfare and Development shall design and Student Financial Assistance Program created by virtue of R. It shall be unlawful and for any learning institutions to deny a disabled person admission to any course it offers by reason of handicap or disability. It shall respect to the use of school facilities. Vocational or Technical and Other Training Programs The Disabled Persons (NCWDP). It shall encourage learning Education The State shall develop nonformal education programs institutions to take into account the special needs of disabled persons with intended for the total human development of disabled persons. hearing impaired. mentally retarded persons and SECTION 10. vocational efficiency. The State shall also take measures to ensure the provisions of vocational rehabilitation and livelihood services for SECTION 13. necessary to implement the provision under this Chapter. SECTION 16. the effective implementation of the special education program nationwide.A. maintain and disabled persons with skills for livelihood. CHAPTER 2 – Education Culture and Sports shall establish in at least one government-owned vocational SECTION 12. sports and physical fitness. In addition. Assistance to Disabled Students The State shall provide disabled persons in the rural areas. 6725 shall be implement training programs that will provide disabled persons with set aside for disabled students pursuing vocational or technical and degree vocational skills to enable them to engage in livelihood activities or obtain courses. The Department of Education. Non-Formal formulation of education policies and program. gainful employment. The Department of Labor and Employment shall likewise design and conduct training programs geared towards providing SECTION 14. The National Government shall allocate funds necessary for the vocational guidance and counselling of disabled persons. Culture and Sports shall establish special evaluating vocational guidance and counselling to enable disabled persons education classes in public schools in cities. It shall ensure the availability establish. and activities. of auxiliary services that will facilitate compete favorably for available productive and remunerative employment the learning process for disabled persons. Local government units may likewise appropriate counterpart funds to SECTION 11. retain and advance in employment.

to municipal health centers. and orthopedically-impaired students. SECTION 19. It shall impaired. It shall likewise allocate the further ensure that its field health units have the necessary capabilities to fit necessary funds in support of the above. The National Government shall provide these state universities and colleges with the viable. orientation and mobility and strengthening free rehabilitation services in government hospitals. and multi. prosthetic and orthotic appliances on disabled persons. State Universities and Colleges If viable and needed. The Department of Health shall formulate and (c). hearingimpaired. medical treatment and rehabilitation. The Department of Health shall field medical personnel specializing in the handicapped and other. and (c) the research on (b). and orthopedically-impaired students. the following: abandoned. (b) the development of training materials for vocational rehabilitation and special education instructions. Health Services The State shall protect and promote the (d). assistance in the acquisition of prosthetic devices and medical (c). Rehabilitation Centers The Department of Health shall (b). and shall include it annual appropriation the necessary funds for the operation of such centers. in SECTION 21. the (a). speech personnel in the provision of medical attention to disabled persons. development among disabled persons of a positive self-image through implement a program to enable marginalized disabled persons to avail of the provision of counselling. early rehabilitation of the disabled. functional limitations of disabled persons related to communications skills.SECTION 17. and early detection of responsible for (a) the development of material appliances and technical aids disability and timely intervention to arrest disabling condition. essential health services available to them at affordable cost. special problems. mentally retarded. The National Government shall provide an integrated health service for disabled persons (e). the needs of marginalized disabled persons. abused and unattached disabled persons who need custodial care. the Department of Social Welfare and Development shall develop and implement programs on auxiliary social services that respond to (a). marginalized persons are provided with the necessary auxiliary services that shall institute a national health program which shall aim to attain the will restore their social functioning and participation in community affairs. and (d) inclusion of the Special when Education for Disabled (SPED) course in the curriculum. and for disabled persons. provision of substitute family care services and the facilities therefore for which shall include. CHAPTER 3 – Health CHAPTER 4 Auxiliary Social Services SECTION 18. but not limited to. provision of family care services geared towards developing the right to health of disabled persons and shall adopt an integrated and capability of families to respond to the needs of the disabled members of the comprehensive approach to their health development which shall make family. nutrition. intervention of specialty services. neglected. and (a). provision of specialized training activities designed to improved establish medical rehabilitation centers in government provincial hospitals. whether occurring prenatally or post-natally. SECTION 20. following: Toward this end. recognition and early diagnosis of disability. prevention of disability. National Health Program The Department of Health. hearing-impaired. . and the elimination of social barriers and treatment and rehabilitation of disabled persons to provincial hospitals and. The components of such a program shall be as follows: (b). discrimination against disabled persons. Auxiliary Social Services The State shall ensure that coordination with National Council for the Welfare of Disabled Persons. particularly of the visually-impaired. prevention of disability through immunization. daily living capability. environmental State Universities or State Colleges in each region or province shall be protection and preservation. and genetic counselling. It shall also train its field health necessary special facilities for visually-impaired.

and the rules and regulations issued by the Land Transportation Office pertinent to the nature of their disability and the appropriate adaptations or (g). Right to Assemble Consistent with the provisions of the Constitution. parades. That the disabled person is a marginalized disabled as the voter and not to reveal the contents of the ballot prepared by him. Telephone Services All telephone companies shall be disabled persons. shall be made encouraged to install special telephone devices or units for the hearing. rallies. shall assist disabled persons in funds for the provision of architectural or structural features for disabled establishing self-help organizations by providing them with necessary persons in government buildings and facilities. Mobility The State promote the mobility of disabled rehabilitation in a community-based setting of disabled persons who were persons. provision of day care services for disabled children of pre-school age. The national and local government shall allocate agencies. Provided. supplementary to this Act.’• as amended. That the aforesaid items are for personal purposes only: under oath to fill out the ballot strictly in accordance with the instructions of Provided further. CHAPTER 5 – Telecommunications SECTION 27. Disabled persons shall be allowed to drive motor vehicles. and assemblages or other forms of mass or concerted action held in public. certified Violation of this provision shall constitute an election offense. Access to Public Transport Facilities The Department of Social Welfare and Development shall develop a program to assist SECTION 22. Polling places should be made accessible to disabled persons during the national or local elections. subject to released from the residential care or rehabilitation center. technical and financial assistance. Right to Organize The State recognize the rights of disabled have access in public and private buildings and establishments and such persons to form organizations or associations that promote their welfare and other places mentioned in Batas Pambansa Bilang 344. the State shall recognize the right of disabled persons to CHAPTER 6 – Accessibility participate in processions. The National Government. fare. public meetings. modifications made on such vehicles. Free Postal Charges for the Disabled Postal charges shall be regulations necessary to implement the provision of this Chapter. demonstrations. instrumentalities and subdivisions. provision of after care and follow-up services for the continued SECTION 26. article and literature like books and periodicals. Broadcast Media Television stations shall be encouraged to marginalized disabled persons gain access in the use of public transport provide a sign language inset or subtitles in at least one (1) newscast facilities.(f). otherwise known as advance or safeguard their interests. orthopedic and other devices. by the Social Welfare and Development Office of the local government unit concerned or the Department of Social Welfare and Development. aids and orthopedic devices for the disabled sent abroad by mail for voting booth. The person thus chosen shall prepare ballot for the disabled voter inside the (b). SECTION 30. free on the following: CHAPTER 7 Political and Civil Rights (a). through its the Accessibility Law’•. SECTION 28. and assisted by a person of his choice in voting in the national or local elections. The Accessibility Law. Concerned government agencies and . Barrier-Free Environment The State shall ensure the attainment of a barrier-free environment that will enable disabled persons to SECTION 31. Implementing Rules and Regulations The Department of Transportation and Communications shall formulate the rules and SECTION 24. impaired and ensure that they are commercially available to enable them to communicate through the telephone system. The said department shall also allocate such funds as may be necessary for the effective implementation of the public transport program for the SECTION 23. SECTION 25. and teaching aids for the use of the disabled sent by mail within the SECTION 29. Such assistance may be in the form of subsidized transportation program a day and special program covering events of national significance. The person assisting shall bind himself in a formal document repair. System of Voting Disabled persons shall be allowed to be Philippines and abroad.

criteria. That: 2). Limiting. that shall serve to develop employment opportunities for the disabled persons. tests or other selection criteria are shown to be job related for the (a). study and scholarship development of the country. by . whether public which accurately reflect the skills. Favoring a non-disabled employee over a qualified disabled employee To ensure the active participation of disabled persons in the social economic with respect to promotion. Utilizing standards. perpetuate the discrimination of others who are subject to common administrative control. training opportunities. 1). to a qualified disabled employee. discharge of employees. National performing the same work is entitled. or impaired sensory. remuneration and fringe benefits. of disability. and terms. have the effect of discrimination on the basis of disability.offices shall establish close linkages with organizations of disabled persons reason of his disability. segregating or classifying a disabled job applicant in such a manner that adversely affects his work opportunities. Organizations of disabled (f). employment tests or other selection examination. Using qualification standards. (e). rather than the disability in regard to job application procedures. on the following occasions: criteria that screen out or tend to screen out a disabled person unless such standards. Discrimination on Employment No entity. promotion. Excluding disabled persons from membership in labor unions or similar organization. Provided. Provided. than the amount to which a non-disabled person in order to respond expeditiously to the needs of disabled persons. such as salary. their organizations shall be encouraged to grants. CHAPTER 1 Discrimination on Employment (h). or medical files and is treated as a confidential medical record. (c). supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employees and necessary (d). conditions. organization and management of government programs and projects for disabled persons. a disabled applicant may be subjected to medical (b). and other if any. the hiring. The following constitute acts of discrimination: (i). however. solely on account of the latter’s disability. Re-assigning or transferring a disabled employee to a job or position he persons shall participate in the identification and preparation of programs cannot perform by reason of his disability. manual or speaking skills of such applicant or employee. all entering employees are subjected to such an examination regardless position on question and are consistent with business necessity. participate in the planning. (g). job training. line agencies and local government units shall assist disabled persons in setting up specific projects that will be managed like business propositions. Employment Entrance Examination Upon an offer of employment. SECTION 33. (a). Dismissing or terminating the services of a disabled employee by reason of his disability unless the employer can prove that he impairs the TITLE THREE PROHIBITION ON DISCRIMINATION AGAINST satisfactory performance of the work involve to the prejudice of the business DISABLED PERSONS entities. Providing less compensation. wage or other forms of accommodations. and privileges of employment. That the employer first sought provide reasonable accommodations for disabled persons. employee compensation. Failing to select or administer in the effective manner employment tests SECTION 32. or methods of administration that: (b). however. shall discriminate against a qualified disabled person by reason of applicant or employee that such test purports to measure. aptitude or other factor of the disabled or private. information obtained during the medical condition or history of the applicant is collected and maintained on separate forms and in separate 1).

Public Accommodations and Services For purposes of this (a) No disabled persons shall be discriminated on the basis of disability in Chapter. and merchandise by reason of his disability. a bank. except for an establishment located within a building that contains not more than five (5) rooms for rent or accommodations of any place of public accommodation by any person or hire and that is actually occupied by the proprietor of such establishment who owns. SECTION 34. providing disability. passenger. undergraduate. insurance office. motel. theater. (h). hardware store. advantages. with the opportunity to participate in or benefit from a good. or . The as the residence of such proprietor. health spa. privilege. or other place of education. lecture hall. first aid and safety personnel my be informed. advantage. or other station used for specified public transportation. or other place of public 2). facilities. or CHAPTER 3 Discrimination on the Use of Public (l). a museum. zoo. leases. office of a lawyer. facilities. privilege. a nursery. barber-shop. pharmacy. affording a disabled person. entity by reason of his disability. or other place of lodging. if the (f).2). library or other place of public display or collection. advantages. a bakery. privileges. land. Discrimination on the Use of Public Accommodations SECTION 35. 4). service. or other arrangement. or other arrangement. Public Transportation It shall be considered discrimination for the franchises or operators and personnel of sea. his orthopedic devices. licensing. bowling alley. gas disability might require emergency treatment. the results of such examination are used only accordance with this Act. public accommodations and services shall include the following: the full and equal enjoyment of the goods. golf course. or other sales or accommodation that is not equal to that afforded to other able-bodied rental establishment. facility. government officials investigating compliance with this Act shall be provided relevant information on request. service. a terminal. amusement park. 3). concert hall. gallery. or operates a place of public accommodation. a gymnasium. directly through contractual. (d). convention center. beauty-shop. grocery store. when appropriate. hospital or other service establishment. advantages (a). (k). directly or through contractual. on the basis of his disability. directly or gathering. stadium. a restaurant. Accommodations and Services SECTION 36. or (e). personal effects. CHPTER 2 Discrimination on Transportation (i). an inn. services. privileges. following constitute acts of discrimination: (b). a park. secondary. an auditorium. and (g). depot. bar or other establishment serving food or drink. and 3). station. licensing. travel service. services. and air (j). with a good. or other arrangement. funeral parlor. the opportunity to participate in or benefit from the (c). hotel. 1). or other place of goods. or other place of recreation. other place of exercise or recreation. professional office of a health care provider. or post-graduate transportation facilities to charge higher fare or to refuse to convey a private school. denying a disabled person. through contractual. persons. a motion picture. shopping center. or accommodations of an exhibition or entertainment. elementary. facility. licensing.

facilities. Support From Non-government Organizations Nongovernment organizations or private volunteer organizations dedicated . denied services. SECTION 38. service. unless the entity can demonstrate that making such opportunities and other undertaking that shall enhance the health. and readily achievable. advantages. and accommodations shall be afforded to an individual with a disability in the most integrated setting appropriate to the needs of the individual. advantages. to be necessary for the provision of the goods. privileges. 4). or disabled persons in their respective territorial jurisdictions. Failure to take steps as may be necessary to ensure that no individual bodied persons unless such action is necessary to provide the disabled with disability is excluded. a failure to make reasonable modifications in policies. services. of an individual with whom the individual or entity is known to have a relationship or association. National procedures. Opportunity to Participate Notwithstanding the existence of separate facilities. fitness and the economic and social well-being of disabled persons. licensing or other arrangement. privileges. privilege or For purpose of this section. when such modification are necessary to afford such goods. segregated or otherwise treated person with a good. 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 SECTION 39. advantages. where such removal is (b). services. Integrated Settings Goods. free of charge. facilities. consideration in its national shelter programs the special housing privileges. facility. SECTION 37. unless such criteria can be shown requirement of disabled persons. agencies and local government units may enter into joint ventures with services. considered as discriminatory. a failure to remove architectural barriers. sports or recreation activities. and services. TITLE FOUR FINAL PROVISIONS 1). or accommodations being offered. Prohibitions For purposes of this Section. service. SECTION 41. (c). by marginalized disabled persons other opportunities to an individual or entity because of the known disability during their social.accommodation that is different or separate from that provided to other able. practices. Association It shall be discriminatory to exclude or otherwise deny Free of Charge Recreational or sports centers owned or operated by the equal goods. facilities. facilities. differently than other individuals because of the absence of auxiliary aids or other opportunity that is as effective as that provided to others. services. physical modification would fundamentally alter the nature of the goods. privileges. services. advantage. Implementing Rules and Regulations The Department of Public Works and Highway shall formulate the rules and regulations (e). Housing Program The National Government shall take into disabilities from fully and equally enjoying and goods. where an entity can demonstrate that the removal of a barrier under clause (4) is not readily achievable. 5). facility. in existing facilities. refers to the clients or customers of the covered public accommodation that enters into the contractual. facilities. Role of National Agencies and Local Government Units Local government units shall promote the establishment of organizations of 2). or accommodations. advantages. services. facilities. the following shall be necessary to implement the provisions of this Chapter. unless the entity can demonstrate that taking such steps would fundamentally alter the nature of the good. services. privilege or accommodation. accommodations or Government shall be used. 3). advantages. the term individuals or class individuals’• would result in undue burden. and communication barriers that are structural in nature. Use of Government Recreational or Sports Centers (d). SECTION 40. privileges. privileges. advantages or accommodations to individuals organizations or associations of disabled persons to explore livelihood with disabilities. a failure to make such goods. accommodations. or accommodations available through or different programs or activities provided in accordance with this section. 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.

repatriation of investments. Local manufacturing of technical aids and appliances used by disabled persons shall be considered as a preferred area of investment subject to the SECTION 43. shall enjoy the rights. tax credits for taxes and duties on raw materials. regulations and guidelines for implementation of this Act is merged with another department or agency. unrestricted use of consigned equipment. as amended and other relevant laws and international agreements. programs and projects. individual in the provision of assistance to disabled persons. are hereby encouraged. Accordingly. additional deduction for labor expense. SECTION 42. In case of abolition. tax credit on domestic capital equipment. the former shall continue 5). 17). Donations from foreign countries shall be exempt from taxes and duties on importation subject to the provisions of Section 105 of the Tariff and 16). allowed as deduction from the donor’s gross income for purposes of computing the taxable income subject to the provisions of Section 29 (h) of 14). the Code. impostand free. freedom from requisition of investment. Tax Incentives (a) Any donation. The Government shall sponsor a volunteer service program which shall harness the involvement of private 10). exemption from taxes and duties on imported spare parts. 15). as they. In case of the department or agency tasked with the enforcement of 4). 226 otherwise known as the Omnibus with the enforcement or formulation of rules and regulations and guidelines Investments Code of 1987’• and. freedom from expropriations. exemption from contractor’s tax. such shall not affect the following: enforcement or formulation of rules. 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). the functions under this Act of the merged department or agency. but not limited. tax and duty exemption on imported capital equipment.to the purpose of promoting and enhancing the welfare of disabled persons 7). abolished department or agency shall take-over the functions under this Act of the abolished department or agency. and Customs Code of the Philippines. simplification of customs procedures. as amended. as such. their participation in the implementation of said measures. Section 103 of the NIRC. income tax holiday. access to bonded manufacturing/trading warehouse system. 11). regulations and guidelines for implementation of this Act to the effect that 1). merge with and incentives as provided in said Code such as. remittance of earnings. the department or agency established to replace the 2). become partners of the Government in the implementation of vocational rehabilitation measures and other related 8). bequest. (b). privileges for implementation of any provisions of this Act is abolished. to the another department or agency or modified. . Exemption from wharfage dues and any export tax. subsidy or financial aid which may be made to government agencies engaged in the 12). employment of foreign nationals. (b). shall. program and projects is to be extended all 9). possible support by the Government. 3). formulation of rules. duty. Continuity Clause Should any department or agency tasked provisions of Executive Order No. 6). (c). remittance of payments on foreign contracts. as amended and shall be 13). (a).

or (d). Enforcement by the Secretary of Justice thousand pesos (P 100. for any subsequent violation.00) or . SECTION 47. organization or any similar entity. 2). Potential Violations If the Secretary of Justice has reasonable cause to believe that (c). any person or group of persons has been discriminated against under this Act and such discrimination raises and issue of general public importance. preliminary or permanent relief. Penal Clause (a) Any person who violates any provision of this Act shall suffer the following penalties: 1).00) but not exceeding One hundred thousand pesos(P 100.00) but not exceeding Two hundred thousand pesos (P 200. executive orders and rules and regulations inconsistent with the provisions of this Act (b). procedure. If the violator is an alien or a foreigner.000. continue the functions under this Act of the department or agency that has or both at the discretion of the court. providing an auxiliary aid or service. modification of policy. the department or agency modified shall imprisonment of not less than six (6) months but not more than two (2) years. In case of modification. Denial of Right than six (6) years. (b).00). and undergone modification. presidential decrees. practice or are hereby repealed or modified accordingly. or both at the discretion of the court. 1). including. the officials thereof directly involved shall be liable therefor. Five thousand pesos (P 5.(c). disabilities. Separability Clause Should any provision of this Act be that such court considers to be appropriate.000. and SECTION 50. making facilities readily accessible to and usable by individuals with publication in any two (2) newspaper of general circulation. he shall be deported immediately after service of sentence without further deportation proceedings. to the extent required found unconstitutional by a court of law. Repealing Clause All laws. or alternative method. Effectivity This Act shall take effect fifteen (15) days after its (c). If the violator is a corporation.00) but not more than Fifty thousand pesos (P 50. Appropriations The amount necessary to carry out the the Secretary of Justice may commence a legal action in any appropriate provision of this Act shall be included in the General Appropriation Act of court. for the first violation. a fine of not less than One hundred SECTION 44.000. Authority of Court The court may grant any equitable relief SECTION 48.00) or imprisonment for less than two (2) years but not more (a).000. and shall undertake periodic reviews of compliance of with imprisonment of not less than six (6) months or a fine of not less than covered entities under this Act. the year following its enactment into law and thereafter. any person or group of persons is engaged in a pattern of practice of discrimination under this Act. SECTION 49. such provisions shall be severed from the remainder of the Act. SECTION 46. at the discretion of the court. Duty to Investigate the Secretary of Justice shall investigate alleged (b). Any person who abuses the privileges granted herein shall be punished violations of this Act. 2). a fine of not less than Fifty thousand pesos (P 50. or both. granting temporary.000.000. and such action shall not affect the by this Act: enforceability of the remaining provisions of this Act. SECTION 45. 1). (a).