An
act to institute the policies of overseas employment and establish a higher
standard of protection and promotion of the welfare of migrant workers, their
families and overseas Filipinos in distress, and for other purposes.
Be
it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
SEC.
1. SHORT TITLE. - This act shall be known and cited
as the "Migrant Workers and Overseas Filipinos Act of 1995."
SEC.
2. DECLARATION OF POLICIES--
(a)
In the pursuit of an independent foreign policy and while considering national
sovereignty, territorial integrity, national interest and the right to
self-determination paramount in its relations with other states, the State
shall, at all times, uphold the dignity of its citizens whether in country or
overseas, in general, and Filipino migrant workers, in particular.
(b)
The State shall afford full protection to labor, local and overseas, organized
and unorganized, and promote full employment and equality of employment
opportunities for all. Towards this end, the State shall provide adequate and
timely social, economic and legal services to Filipino migrant workers.
(c)
While recognizing the significant contribution of Filipino migrant workers to
the national economy through their foreign exchange remittances, the State does
not promote overseas employment as a means to sustain economic growth and
achieve national development. The existence of the overseas employment program
rests solely on the assurance that the dignity and fundamental human rights and
freedoms of the Filipino citizens shall not, at any time, be compromised or
violated. The State, therefore, shall continuously create local employment
opportunities and promote the equitable distribution of wealth and the benefits
of development.
(d)
The State affirms the fundamental equality before the law of women and men and
the significant role of women in nation-building. Recognizing the contribution
of overseas migrant women workers and their particular vulnerabilities, the
State shall apply gender sensitive criteria in the formulation and implementation
of policies and programs affecting migrant workers and the composition of
bodies tasked for the welfare of migrant workers.
(e)
Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any persons by reason of poverty. In this
regard, it is imperative that an effective mechanism be instituted to ensure
that the rights and interest of distressed overseas Filipinos, in general, and
Filipino migrant workers, in particular, documented or undocumented, are adequately
protected and safeguarded.
(f)
The right of Filipino migrant workers and all overseas Filipinos to participate
in the democratic decision-making processes of the State and to be represented
in institutions relevant to overseas employment is recognized and guaranteed.
(g)
The State recognizes that the ultimate protection to all migrant workers is the
possession of skills. Pursuant to this and as soon as practicable, the
government shall deploy and/or allow the deployment only to skilled Filipino
workers.
(h)
Non-governmental organizations, duly recognized as legitimate, are partners of
the State in the protection of Filipino migrant workers and in the promotion of
their welfare, the State shall cooperate with them in a spirit of trust and
mutual respect.
(I)
Government fees and other administrative costs of recruitment, introduction,
placement and assistance to migrant workers shall be rendered free without
prejudice to the provision of Section 36 hereof.
Nonetheless,
the deployment of Filipino overseas workers, whether land-based or sea-based by
local service contractors and manning agencies employing them shall be
encouraged. Appropriate incentives may be extended to them.
SEC.
3. DEFINITIONS. - For purposes
of this Act:
(a)
"Migrant worker" refers to a person who is to be engaged, is engaged
or has been engaged in a renumerated activity in a state of which he or she is
not a legal resident to be used interchangeably with overseas Filipino worker.
(b)
"Gender-sensitivity" shall mean cognizance of the inequalities and
inequities prevalent in society between women and men and a commitment to
address issues with concern for the respective interests of the sexes.
(c)
"Overseas Filipinos" refers to dependents of migrant workers and
other Filipino nationals abroad who are in distress as mentioned in Sections 24
and 26 of this Act.
I.
DEPLOYMENT
SEC.
4. Deployment of Migrant Workers -
The State shall deploy overseas Filipino workers only in countries where the
rights of Filipino migrant workers are protected. The government recognizes any
of the following as guarantee on the part of the receiving country for the
protection and the rights of overseas Filipino workers:
(a)
It has existing labor and social laws protecting the rights of migrant workers;
(b)
It is a signatory to multilateral conventions, declaration or resolutions
relating to the protection of migrant workers;
(c)
It has concluded a bilateral agreement or arrangement with the government
protecting the rights of overseas Filipino workers; and
(d)
It is taking positive, concrete measures to protect the rights of migrant
workers.
SEC.
5. TERMINATION OR BAN ON DEPLOYMENT - Notwithstanding
the provisions of Section 4 hereof, the government, in pursuit of the national
interest or when public welfare so requires, may, at any time, terminate or
impose a ban on the deployment of migrant workers.
II.
ILLEGAL RECRUITMENT
Sec.
6. DEFINITIONS. - For purposes
of this Act, illegal recruitment shall mean any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring, procuring workers and includes
referring, contact services, promising or advertising for employment abroad,
whether for profit or not, when undertaken by a non-license or non-holder of
authority contemplated under Article 13(f) of Presidential Decree No. 442, as
amended, otherwise known as the Labor Code of the Philippines. Provided, that
such non-license or non-holder, who, in any manner, offers or promises for a
fee employment abroad to two or more persons shall be deemed so engaged. It
shall likewise include the following acts, whether committed by any persons,
whether a non-licensee, non-holder, licensee or holder of authority.
(a)
To charge or accept directly or indirectly any amount greater than the
specified in the schedule of allowable fees prescribed by the Secretary of
Labor and Employment, or to make a worker pay any amount greater than that
actually received by him as a loan or advance;
(b)
To furnish or publish any false notice or information or document in relation
to recruitment or employment;
(c)
To give any false notice, testimony, information or document or commit any act
of misrepresentation for the purpose of securing a license or authority under
the Labor Code;
(d)
To induce or attempt to induce a worker already employed to quit his employment
in order to offer him another unless the transfer is designed to liberate a
worker from oppressive terms and conditions of employment;
(e)
To influence or attempt to influence any persons or entity not to employ any
worker who has not applied for employment through his agency;
(f)
To engage in the recruitment of placement of workers in jobs harmful to public
health or morality or to dignity of the Republic of the Philippines;
(g)
To obstruct or attempt to obstruct inspection by the Secretary of Labor and
Employment or by his duly authorized representative;
(h)
To fail to submit reports on the status of employment, placement vacancies,
remittances of foreign exchange earnings, separations from jobs, departures and
such other matters or information as may be required by the Secretary of Labor
and Employment;
(i)
To substitute or alter to the prejudice of the worker, employment contracts
approved and verified by the Department of Labor and Employment from the time
of actual signing thereof by the parties up to and including the period of the
expiration of the same without the approval of the Department of Labor and
Employment;
(j)
For an officer or agent of a recruitment or placement agency to become an
officer or member of the Board of any corporation engaged in travel agency or
to be engaged directly on indirectly in the management of a travel agency;
(k)
To withhold or deny travel documents from applicant workers before departure
for monetary or financial considerations other than those authorized under the
Labor Code and its implementing rules and regulations;
(l)
Failure to actually deploy without valid reasons as determined by the Department
of Labor and Employment; and
(m)
Failure to reimburse expenses incurred by the workers in connection with his
documentation and processing for purposes of deployment, in cases where the
deployment does not actually take place without the worker's fault. Illegal
recruitment when committed by a syndicate or in large scale shall be considered
as offense involving economic sabotage.
Illegal
recruitment is deemed committed by a syndicate carried out by a group of three
(3) or more persons conspiring or confederating with one another. It is deemed
committed in large scale if committed against three (3) or more persons
individually or as a group.
The
persons criminally liable for the above offenses are the principals,
accomplices and accessories. In case of juridical persons, the officers having
control, management or direction of their business shall be liable.
SEC.
7. PENALTIES -
(a)
Any person found guilty of illegal recruitment shall suffer the penalty of
imprisonment of not less than six (6) years and one (1) day but not more than
twelve (12) years and a fine not less than two hundred thousand pesos
(P200,000.00) nor more than five hundred thousand pesos (P500,000.00).
(b)
The penalty of life imprisonment and a fine of not less than five hundred
thousand pesos (P500,000.00) nor more than one million pesos (P1,000,000.00)
shall be imposed if illegal recruitment constitutes economic sabotage as
defined herein.
Provided,
however, that the maximum penalty shall be imposed if the person illegally
recruited is less than eighteen (18) years of age or committed by a
non-licensee or non-holder of authority.
SEC.
8. PROHIBITION ON OFFICIALS AND EMPLOYEES. - Ot shall be unlawful for any official or employee of the
Department of Labor and Employment, the Philippine Overseas Employment
Administration, or the Overseas Workers Welfare Administration, or the
Department of Foreign Affairs, or other government agencies involved in the
implementation of this Act, or their relatives within the fourth civil degree
of consanguinity or affinity, to engage, directly or indirectly, in the
business of recruiting migrant workers as defined in this Act. The penalties
shall be imposed upon them.
SEC.
9. VENUE. - A criminal action arising from
illegal recruitment as defined herein shall be filed with the Regional Trial
Court of the province or city where the offense was committed or where the
offended party actually resides at the same time of the commission of the
offense: Provided, That the court where the criminal action is first filed shall
acquire jurisdiction to the exclusion of other courts. Provided, however, That
the aforestated provisions shall also apply to those criminal actions that have
already been filed in court at the time of the effectivity of this Act.
SEC.
10. MONEY CLAIMS. - Botwithstanding
any provision of law to the contrary, the Labor Arbiters of the National Labor
Relations Commission (NLRC) shall have the priginal and exclusive jurisdiction
to hear and decide, within ninety (90) calendar days after filing of the
complaint, the claims arising out of an employer-employee relationship or by
virtue of any law or contract involving Filipino workers for overseas
deployment including claims for actual, moral, exemplary and other forms of
damages.
The
liability of the principal/employer and the recruitment/placement agency for
any and all claims under this section shall be joint and several. This
provisions shall be incorporated in the contract for overseas employment and
shall be a condition precedent for its approval. The performance bond to be
filed by the recruitment/placement agency, as provided by law, shall be
answerable for all money claims or damages that may be awarded to the workers.
If the recruitment/placement agency is a juridical being, the corporate
officers and directors and partners as the case may be, shall themselves be
jointly and solidarily liable with the corporation or partnership for the
aforesaid claims and damages.
Such
liabilities shall continue during the entire period or duration of the
employment contract and shall not be affected by any substitution, amendment or
modification made locally or in a foreign country of the said contract.
Any
compromise/amicable settlement or voluntary agreement on money claims inclusive
of damages under this section shall be paid within four (4) months from the
approval of the settlement by the appropriate authority.
In
case of termination of overseas employment without just, valid or authorized
cause as defined by law or contract, the 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 unexpired portion of his employment contract or for three (3)
months for every year of the unexpired term, whichever is less.
Non-compliance
with the mandatory periods for resolutions of cases provided under this section
shall subject the responsible officials to any or all of the following
penalties:
(a)
The salary of any such official who fails to render his decision or resolutions
within the prescribed period shall be, or caused to be, withheld until the said
official complies therewith;
(b)
Suspension for not more than ninety (90) days; or
(c)
Dismissal from the service with disqualifications to hold any appointive public
office for five (5) years.
Provided,
however, that the penalties herein provided shall be without prejudice to any
liability which any such official may have incurred under other existing laws
or rules and regulations as a consequence of violating the provisions of this
paragraph.
SEC.
11. MANDATORY PERIODS FOR RESOLUTION OF ILLEGAL RECRUITMENT CASES. - The preliminary investigations of cases under this Act shall
be terminated within a period of thirty (30) calendar days from the date of
their filing. Where the preliminary investigation is conducted by a prosecution
officer and a prima facie case is established, the corresponding information
shall be filed in court within twenty-four (24) hours from the termination of
the investigation. If the preliminary investigation is conducted by a judge and
a prima facie case is found to exist, prosecution officer within forty-eight
(48) hours from the date of receipt of the records of the case.
SEC.
12. PRESCRIPTIVE PERIODS. - Illegal
recruitment cases under this Act shall prescribe in five (5) years: Provided,
however, That illegal recruitment cases involving economic sabotage as defined
herein shall prescribe in twenty (20) years.
SEC.
13. FREE LEGAL ASSISTANCE, PREFERENTIAL ENTITLEMENT UNDER THE WITNESS
PROTECTION PROGRAM. - A mechanism
for free legal assistance for victims of illegal recruitment shall be
established within the Department of Labor and Employment including its regional
offices. Such mechanism must include coordination and cooperation with the
Department of Justice, the Integrated Bar of the Philippines, and other
non-governmental organizations and volunteer groups.
The
provisions of Republic Act No. 6981 to the contrary, notwithstanding, any
person who is a victim of illegal recruitment shall be entitled to the Witness
Protection Program provided thereunder.
III.
SERVICES
SEC.
14. TRAVEL ADVISORY/INFORMATION DISSEMINATION. - To give utmost priority to the establishment of programs and
services to prevent illegal recruitment, fraud, and exploitation or abuse of
Filipino migrant workers, all embassies and consular offices, through the
Philippine Overseas Employment Administration (POEA), shall issue travel
advisories or disseminate information on labor and employment conditions,
migration realities and other facts; and adherence of particular countries to
international standards on human and workers' rights which will adequately
prepare individuals into making informed and intelligent decisions about
overseas employment. Such advisory or information shall be published in a
newspaper of general circulation at least three (3) times in every quarter.
SEC.
15. REPATRIATION OF WORKERS; EMERGENCY REPATRIATION FUND. - The repatriation of the worker and the transport of his
personal belongings shall be the primary responsibility of the agency which
recruited or deployed the worker overseas. All costs attendant to repatriation
shall be borne by or charged to the agency concerned and/or its principal.
Likewise, the repatriation of remains and transport of the personal belongings
of a deceased worker and all costs attendant thereto shall be borne by the
principal and/or local agency. However, in cases where the termination of
employment is due solely to the fault of the worker, the principal/employer or
agency shall not in any manner be responsible for the repatriation of the
former and/or his belongings.
The
Overseas Workers Welfare Administration (OWWA), in coordination ith appropriate
international agencies, shall undertake the repatriation of workers in cases of
war, epidemic, disasters or calamities, natural or man-made, and other similar
events without prejudice to reimbursement by the responsible principal or
agency. However, in cases where the principal or recruitment agency cannot be
identified, all costs attendant to repatriation shall be borne by the OWWA.
For
this purposes, there is hereby created and established an emergency
repatriation fund under the administration control and supervision of the OWWA,
initially to consist of one hundred million pesos (P100,000,000.00), inclusive
of outstanding balances.
SEC.
16. MANDATORY REPATRIATION OF UNDERAGE MIGRANT WORKERS. - Upon discovery or being informed of the presence of migrant
workers whose actual ages fall below the minimum age requirement for overseas
deployment, the responsible officers in the foreign service shall without delay
repatriate said workers and advise the Department of Foreign Affairs through
the fastest means of communication availavle of such discovery and other
relevant information.
SEC.
17. ESTABLISHMENT OF RE-PLACEMENT AND MONITORING CENTER. - A replacement and monitoring centere is hereby created in the
Department of Labor and Employment for returning Filipino migrant workers which
shall provide a mechanism for their reintegration into the Philippine society,
serve as a promotion house for their local employment, and tap their skills and
potentials for national development.
The
Department of Labor and Employment, the Overseas Workers Welfare
Administration, and the Philippine Overseas Employment Administration shall,
within ninety (90) days from the effectivity of this Act, formulate a program
that would motivate migrant workers to plan for productive options such as
entry into highly technical jobs or undertakings, livelihood and
entrepreneurial development, better wage employment, and investment of savings.
For
this purpose, the Technical Education and Skills Development Authority (TESDA),
the Technology Livelihood Resource Center (TLRC), and other government agencies
involved in training and livelihood development shall give priority to return
who had been employed as domestic helpers and entertainers.
SEC.
18. FUNCTIONS OF THE RE-PLACEMENT AND MONITORING CENTER. - The center shall provide the following service:
(a)
Develop livelihood programs and projects for returning Filipino migrant workers
in coordination with the private sector;
(b)
Coordinate with appropriate private and government agencies the promotion,
development, re-placement and the full utilization of their potentials;
(c)
Institute in cooperation with other government agencies concerned, a
computer-based information system on skilled Filipino migrant workers which
shall be accessible to all local recruitment agencies and employers, both
public and private;
(d)
Provide a periodic study and assessment of job opportunities for returning
Filipino migrant workers.
SEC.
19. ESTABLISHMENT OF A MIGRANT WORKERS AND OTHER OVERSEAS FILIPINOS RESOURCE
CENTER. - Within the premises and under the
administrative jurisdiction of the Philippine Embassy in countries where there
are large concentrations of Filipino migrant workers, there shall be establish
a Migrant Workers and Other Overseas Filipinos Resource Center with the
following services:
(a)
Counseling and legal services;
(b)
Welfare assistance including the procurement of medical and hospitalization
services;
(c)
Information, advisory and programs to promote social integration such as
post-arrival orientation, settlement and community networking services for
social integration;
(d)
Institute a scheme of registration of undocumented workers to bring them within
the purview of this Act. For this purpose, the Center is enjoined to compel
existing undocumented workers to register with it within six (6) months from
the effectivity of this Act, under pain of having his/her passport cancelled;
(e)
Human resource development, such as training and skills upgrading;
(f)
Gender sensitive programs and activities to assist particular needs of women
migrant workers;
(g)
Orientation program for returning workers and other migrants; and
(h)
Monitoring of daily situations, circumstances and activities affecting migrant workers
and other overseas Filipinos.
The
establishment and operations of the Center shall be a joint undertaking of the
various government agencies. The Center shall be open for twenty-four (24)
hours daily, including Saturdays, Sundays and holidays, and shall be staffed by
Foreign Service personnel, service attaches or officers who represent other
organizations from the host countries. 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,
the government must provide a lawyer and a social worker for the Center. The
Labor Attache shall coordinate the operation of the Center and shall keep the
Chief of Mission informed and updated on all matters affecting it.
The
Center shall have a counterpart 24-hour information and assistance center at
the Department of Foreign Affairs to ensure a continuous network and
coordinative mechanism at the home office.
SEC.
20. ESTABLISHMENT OF A SHARED GOVERNMENT INFORMATION SYSTEM FOR MIGRATION.
- An inter-agency committee composed
of the Department of Foreign Affairs and its attached agency, the Commission on
Filipino Overseas, the Department of Labor and Employment, the Philippine
Overseas Employment Administration, The Overseas Workers Welfare
Administration, The Department of Tourism, the Department of Justice, the
Bureau of Immigration, the National Bureau of Investigation, and the National
Statistics Office shall be established to implement a shared government
information system for migration. The inter-agency committee shall initially
make available to itself the information contained in existing data
bases/files. The second phase shall involve linkaging of computer facilities in
order to allow free-flow data exchanges and sharing among concerned agencies.
The
inter-agency committee shall convene to identify existing data bases which
shall be declassified and shared among member agencies. These shared data bases
shall initially include, but not limited to, the following information:
(a)
Masterlists of departing/arriving Filipinos;
(b)
Inventory of pending legal cases involving Filipino migrant workers and other
Filipino nationals, including those serving prison terms;
(c)
Masterlists of departing/arriving Filipinos;
(d)
Statistical profile on Filipino migrant workers/overseas Filipinos/Tourists;
(e)
Blacklisted foreigners/undesirable aliens;
(f)
Basic data on legal systems, immigration policies, marriage laws and civil and
criminal codes in receiving countries particularly those with the large numbers
of Filipinos;
(g)
List of labor and other human rights instruments where receiving countries are
signatories;
(h)
A tracking system of past and present gender disaggregated cases involving male
and female migrant workers; and
(I)
Listing of overseas posts which may render assistance to overseas Filipinos, in
general, and migrant workers, in particular.
SEC.
21. MIGRANT WORKERS LOAN GUARANTEE FUND. - In order to further prevent unscrupulous illegal recruiters
from taking advantage of workers seeking employment abroad, the OWWA, in
coordination with government financial institutions, shall institute financing
schemes that will expand the grant of pre-departure loan and family assistance
loan. For this purpose, a Migrant Workers Loan Guarantee Fund is hereby created
and the revolving amount of one hundred million pesos (P100,000,000.00) from
the OWWA is set aside as a guarantee fund in favor of participating government
financial institutions.
SEC.
22. RIGHTS AND ENFORCEMENT MECHANISM UNDER INTERNATIONAL AND REGIONAL HUMAN
RIGHTS SYSTEMS. - The
Department of Foreign Affairs is mandated to undertake the necessary initiative
such as promotions, acceptance or adherence of countries receiving Filipino
workers to multilateral convention, declaration or resolutions pertaining to
the protection of migrant workers' rights. The Department of Foreign Affairs is
also mandated to make an assessment of rights and avenues of redress under
international and regional human rights systems that are available to Filipino
migrant workers who are victims of abuse and violation and, as far as
practicable and through the Legal Assistant for Migrant Workers Affairs created
under this Act, pursue the same on behalf of the victim if it is legally
impossible to file individual complaints. If a complaints machinery is available
under international or regional systems, the Department of Foreign Affairs
shall fully apprise the Filipino migrant workers of the existence and
effectiveness of such legal options.
IV.
GOVERNMENT AGENCIES
SEC.
23. ROLE OF GOVERNMENT AGENCIES. - The
following government agencies shall perform the following to promote the
welfare and protect the rights of migrant workers and, as far as applicable,
all overseas Filipinos:
(a)
Department of Foreign Affairs. - The Department, through its home office or foreign
posts, shall take priority action its home office or foreign posts, shall take
priority action or make representation with the foreign authority concerned to
protect the rights of migrant workers and other overseas Filipinos and extend
immediate assistance including the repatriation of distressed or beleaguered
migrant workers and other overseas Filipinos;
(b)
Department of Labor and Employment - The Department of Labor and Employment
shall see to it that labor and social welfare laws in the foreign countries are
fairly applied to migrant workers and whenever applicable, to other overseas
Filipinos including the grant of legal assistance and the referral to proper
medical centers or hospitals:
(b.1)
Philippine Overseas Employment Administration - Subject to deregulation and
phase out as provided under Sections 29 and 30 herein, the Administration shall
regulate private sector participation in the recruitment and overseas placement
of workers by setting up a licensing and registration system. It shall also
formulate and implement, in coordination with appropriate entities concerned,
when necessary employment of Filipino workers taking into consideration their
welfare and the domestic manpower requirements.
(b.2)
Overseas Workers Welfare Administration - The Welfare Officer or in his
absence, the coordinating officer shall provide the Filipino migrant worker and
his family all the assistance they may need in the enforcement of contractual
obligations by agencies or entities and/or by their principals. In the
performance of this functions, he shall make representation and may call on the
agencies or entities concerned to conferences or conciliation meetings for the
purpose of settling the complaints or problems brought to his attention.
V.
THE LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS
SEC.
24. LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS. - There is hereby created the position of Legal Assistant for
Migrant Workers Affairs under the Department of Foreign Affairs who shall be
primarily responsible for the provision and overall coordination of all legal
assistance services to be provided to Filipino migrant workers as well as
overseas Filipinos in distress. He shall have the rank, salary and privileges
equal to that of an undersecretary of said Department.
The
said Legal Assistant for Migrant Workers Affairs shall be appointed by the
President and must be of proven competence in the field of law with at least
ten (10) years of experience as a legal practitioner and must not have been a
candidate to an elective office in the last local or national elections.
Among
the functions and responsibilities of the aforesaid Legal Assistant are:
(a)
To issue the guidelines, procedures and criteria for the provisions of legal
assistance services to Filipino migrant workers;
(b)
To establish close linkages with the Department of Labor and Employment, the
POEA, the OWWA and other government agencies concerned, as well as with
non-governmental organizations assisting migrant workers, to ensure effective
coordination and cooperation in the provision of legal assistance to migrant
workers;
(c)
To tap the assistance of reputable law firms and the Integrated Bar of the
Philippines and other bar associations to complement the government's efforts
to provide legal assistance to migrant workers;
(d)
To administer the legal assistance fund for migrant workers established under
Section 25 hereof and to authorize disbursements there from in accordance with
the purposes for which the fund was set up; and
(e)
To keep and maintain the information system as provided in Section 20.
The
legal Assistant for Migrant Workers Affairs shall have authority to hire
private lawyers, domestic or foreign, in order to assist him in the effective
discharge of the above functions.
SEC.
25. LEGAL ASSISTANCE FUND - There
is hereby established a legal assistance fund for migrant workers, herein after
referred to as Legal Assistance fund, in the amount of One hundred million
pesos (P100,000,000.00) to be constituted from the following sources:
Fifty
million pesos (P50,000,000.00) from the Contingency Fund of the President;
Thirty
million pesos (P30,000,000.00) from the Presidential Social Fund; and
Twenty
million pesos (P20,000,000.00) from the Welfare Fund for Overseas Workers
established under Letter of Instruction No. 537, as amended by Presidential
Decree Nos. 1694 and 1809.
Any
balances of existing fund which have been set aside by the government
specifically as legal assistance or defense fund to help migrant workers
shall, upon effectivity of this Act, to be turned over to, and form part
of, the Fund created under this Act.
SEC.
26. USES OF THE LEGAL ASSISTANCE FUND. - The Legal Assistance Fund created under the preceeding
section shall be used exclusively to provide legal services to migrant workers
and overseas Filipinos in distress in accordance witht the guidelines, criteria
and procedures promulgated in accordance with Section 24 (a) hereof. The
expenditures to be charged against the Fund shall include the fees for the
foreign lawyers to be hired by the Legal Assistance for Migrant Workers Affairs
to represent migrant workers facing charges abroad, bail bonds to secure the
temporary release of workers under detention, court fees and charges and other
litigation expenses.
VI.
COUNTRY - TEAM APPROACH
SEC.
27. PRIORITY CONCERNS OF PHILIPPINE FOREIGN SERVICE POSTS. - The country team approach, as enunciated under Executive
Order No. 74, series of 1993, shall be the mode under which Philippine
embassies or their personnel will operate in the protection of the Filipino
migrant workers as well as in the promotion of their welfare. The protection of
the Filipino migrant workers and the promotion of their welfare, in particular,
and the protection of the dignity and fundamental rights and freedons of the
Filipino citizen abroad, in general, shall be the highest priority concerns of
the Secretary of Foreign Affairs and the Philippine Foreign Service Posts.
SEC.
28. COUNTRY-TEAM APPROACH. - Under
the country-team approach, all officers, representatives and personnel of the
Philippine government posted abroad regardless of their mother agencies shall,
on a per country basis, act as one country-team with a mission under the
leadership of the ambassador. In this regard, the ambassador may recommend to
the Secretary of the Department of Foreign Affairs the recall of officers, representatives
and personnel of the Philippine government posted abroad for acts inimical to
the national interest such as, but not limited to, failure to provide the
necessary services to protect the rights of overseas Filipinos.
Upon
receipt of the recommendation of the ambassador, the Secretary of the
Department of Foreign Affairs shall, in the case of officers, representatives
and personnel of other departments, endorse such recommendation to the
department secretary concerned for appropriate action. Pending investigation by
an appropriate body in the Philippines, the person recommended for recall may
be placed under preventive suspension by the ambassador.
In
host countries where there are Philippine consulates, such consulates shall
also constitute part of the country-team under the leadership of the
ambassador.
In
the implementation of the country-team approach, visiting Philippine
delegations shall be provided full support and information.
VII.
DEREGULATION AND PHASE-OUT
SEC.
29. COMPREHENSIVE DEREGULATION PLAN ON RECRUITMENT ACTIVITIES. - Pursuant to a progressive policy of deregulation whereby the
migration of workers becomes strictly a matter between the worker and his
foreign employer, the DOLE within one (1) year from the effectivity of this
Act, is hereby mandated to formulate a five-year comprehensive deregulation
plan on recruitment activities taking into account labor market trends,
economic conditions of the country and emergency circumstances which may affect
the welfare of migrant workers.
SEC.
30. GRADUAL PHASE-OUT OF REGULATORY FUNCTIONS. - Within a period of five (5) years from the effectivity of
this Act, the DOLE shall phase out the regulatory functions of the POEA
pursuant to the objectives of deregulation.
VII.
PROFESSIONAL AND OTHER HIGHLY-SKILLED FILIPINOS ABROAD
SEC.
31. INCENTIVES TO PROFESSIONALS AND OTHER HIGHLY-SKILLED FILIPINOS ABROAD.
- Pursuant to the objective of
encouraging professionals and other highly-skilled Filipinos abroad especially
in the field of science and technology to participate in, and contribute to
national development, the government shall provide proper and adequate
incentives and programs so as to secure their services in priority development
areas of the public and private sectors.
IX.
MISCELLANEOUS PROVISIONS
SEC.
32. POEA AND OWWA BOARD; ADDITIONAL MEMBERSHIPS. - Notwithstanding any provision of law to the contrary, the
respective Boards of the POEA and the OWWA shall, in addition to their present
composition, have three (3) members each who shall come from the women,
sea-based and land-based sectors, respectively, to be appointed by the
President in the same manner as the other members.
SEC.
33. REPORT TO CONGRESS. - In
order to inform the Philippine Congress on the implementation of the policy
enunciated in Section 4 hereof, the Department of Foreign Affairs and the
Department of Labor and Employment shall submit to the said body a semi-annual
report of Philippine foreign posts located in countries hosting Filipino
migrant workers. The report shall not be limited to the following information:
(a)
Masterlist of Filipino migrant workers, and inventory of pending cases
involving them and other Filipino nationals including those serving prison
terms;
(b)
Working conditions of Filipino migrant workers;
(c)
Problems encountered by the migrant workers, specifically violations of their
rights;
(d)
Initiative/actions taken by the Philippine foreign posts to address the
problems of Filipino migrant workers;
(e)
Changes in the laws and policies of host countries; and
(f)
Status of negotiations on bilateral labor agreements between the Philippines
and the host country.
Any
officer of the government who fails to report as stated in the preceeding
section shall be subjected to administrative penalty.
SEC.
34. REPRESENTATION IN CONGRESS. - Pursuant
to Section 3(2), Article VI of the Constitution and in line with the objective
of empowering overseas Filipinos to participate in the policy-making process to
address Filipino migrant concerns, two (2) sectoral representatives for migrant
workers in the House of Representatives shall be appointed by the President
from the ranks of migrant workers: Provided, that at least one (1) of the two
(2) sectoral representatives shall come from the women migrant workers sector:
Provided, further, that all nominees must have at least two (2) years
experience as a migrant worker.
SEC.
35. EXEMPTION FROM TRAVEL TAX AND AIRPORT FEE. - All laws to the country notwithstanding, the migrant worker
shall be exempt from the payment of travel tax and airport fee upon proper
showing of proof of entitlement by the POEA.
SEC.
36. NON-INCREASE OF FEES; ABOLITION OF REPATRIATION BOND. - Upon approval of this Act, all fees being charged by any
government office on migrant workers shall remain at their present levels and
the repatriation bond shall be established.
SEC.
37. THE CONGRESSIONAL MIGRANT WORKERS SCHOLARSHIP FUND. - There is hereby created a Congressional Migrant Workers
Scholarship Fund which shall benefit deserving migrant workers and/or their
immediate descendants below twenty-one (21) years of age who intent to pursue
courses or training primarily in the field of science and technology. The
initial seed fund of two hundred million pesos (P200,000,000.00) shall be
constituted from the following sources:
(a)
Fifty million pesos (P50,000,000.00) from the unexpected Countrywide
Development Fund for 1995 in equal sharing by all members of Congress; and
(b)
The remaining one hundred fifty million pesos (P150,000,000.00) shall be funded
from the proceeds of Lotto.
The
Congressional Migrant Workers Scholarship Fund as herein created shall be
administered by the DOLE in coordination with the Department of Science and
Technology (DOST). To carry out the objectives of this section, the DOLE and
the DOST shall formulate the necessary rules and regulations.
SEC.
38. APPROPRIATION AND OTHER SOURCES OF FUNDING. - The amount necessary to carry out the provisions of this Act
shall be provided for in the General Appropriations Act of the year following
its enactment into law and thereafter.
SEC.
39. MIGRANT WORKERS DAY. - The
day of signing by the President of this Act shall be designated as the Migrant
Workers Day and shall henceforth be commemorated as such annually.
SEC.
40. IMPLEMENTING RULES AND REGULATIONS. - The departments and agencies charged with carrying out the
provisions of this Act shall, within ninety (90) days after the effectivity of
this Act, formulate the necessary rules and regulations for its effective
implementation.
SEC.
41. REPEATING CLAUSE. - All
laws, decrees, executive orders, rules and regulations, or parts thereof
inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.
SEC.
42. SEPARABILITY CLAUSE. - If,
for any reason, any section or provision of this Act is held unconstitutional
or invalid, the other sections or provisions hereof shall not be affected
thereby.
SEC. 43. EFFECTIVITY CLAUSE. - This Act shall take effect after
fifteen (15) days from its publication in the Official Gazette or in at least
two (2) national newspapers of general circulation whichever comes earlier.
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