G.R. No.
167614 March 24, 2009
ANTONIO M. SERRANO, vs.Gallant MARITIME SERVICES, INC.
For Antonio Serrano a Filipino seafarer, the last clause in the 5th paragraph
of Section 10, Republic Act (R.A.) No. 8042, 2 to wit:
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
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.
Serrano was hired by Gallant Maritime Services, Inc. and Marlow Navigation
Co., Ltd. (respondents) under a Philippine Overseas Employment
Administration (POEA)-approved Contract of Employment
On the date of his departure, petitioner was constrained(forced) to accept a
downgraded employment contract for the position of Second Officer with a
monthly salary of US$1,000.00, upon the assurance and representation of
respondents that he would be made Chief Officer by the end of April 1998.
Gallant did not deliver on their promise to make petitioner Chief
Officer. Hence, petitioner refused to stay on as Second Officer and was
repatriated to the Philippines on May 26, 1998.
Petitioner's employment contract was for a period of 12 months but he had
served only 2 months and 7 days of his contract, leaving an unexpired
portion of 9 months and 23 days.
Petitioner filed with the Labor Arbiter (LA) a Complaint against respondents
for constructive dismissal and for payment of his money claims plus
damages.
LA Decision: Pet was illegally dismissed and ordered pmt of equal to 3 mos
of the unexpired portion of the aforesaid contract of employment plus salary
differential- decision based on the salary period of three months only --
rather than the entire unexpired portion of nine months and 23 days of
petitioner's employment contract - applying the subject clause.
Gallant appealed to NLRC to question the finding of the LA that
petitioner was illegally dismissed.
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
Services, Inc. v. National Labor Relations Commission that in case of
illegal dismissal, OFWs are entitled to their salaries for the unexpired
portion of their contracts.
NLRC Decision: same 3 months of the unexpired portion
CA Decision: CA affirmed the NLRC ruling on the reduction of the
applicable salary rate; however, the CA skirted (avoided) the
constitutional issue raised by petitioner.25
Issue: WON Section 10 of Republic Act No. 8042 is unconstitutional
1. Dismissal was illegal.
The Court's Ruling
The Court sustains petitioner on the first and second issues.
The issue is deemed seasonably raised because it is not the NLRC
but the CA which has the competence to resolve the constitutional
issue.
The NLRC is a labor tribunal that merely performs a quasi-judicial
function its function in the present case is limited to determining
questions of fact to which the legislative policy of R.A. No. 8042 is to
be applied and to resolving such questions in accordance with the
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
validity of its provisions.
The CA, on the other hand, is vested with the power of judicial
review or the power to declare unconstitutional a law or a provision
thereof, such as the subject clause. Petitioner's interposition of the
constitutional issue before the CA was undoubtedly seasonable. The
CA was therefore remiss (negligent) in failing to take up the issue in
its decision.
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
impairing the obligation of contracts shall be passed.
The prohibition is aligned with the general principle that laws newly
enacted have only a prospective operation,and cannot affect acts or contracts
already perfected; however, as to laws already in existence, their provisions
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
enacted that would in any way derogate from existing acts or contracts by enlarging,
abridging or in any manner changing the intention of the parties thereto.
But even if the Court were to disregard the timeline, the subject clause
may not be declared unconstitutional on the ground that it impinges on the
impairment clause, for the law was enacted in the exercise of the police
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
ensuring respect for the dignity and well-being of OFWs wherever they may
be employed. Police power legislations adopted by the State to promote the
health, morals, peace, education, good order, safety, and general welfare of
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
and legitimate measures taken by the State to promote public welfare.
2. Does the subject clause violate Section 1, Article III of the Constitution, and
Section 18,Article II and Section 3, Article XIII on labor as a protected sector?
YES.
Section 1, Article III of the Constitution guarantees: No person shall be deprived
of life, liberty, or property without due process of law nor shall any person be denied
the equal protection of the law.
Section 18, Article II and Section 3, Article XIII accord all members of the
labor sector, without distinction as to place of deployment, full protection of
their rights and welfare.
To Filipino workers, the rights guaranteed under the foregoing constitutional
provisions translate to economic security and parity: all monetary benefits
should be equally enjoyed by workers of similar category, while all monetary
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
on, others in like circumstances.
Such rights are not absolute but subject to the inherent power of Congress to
incorporate, when it sees fit, a system of classification into its legislation;
however, to be valid, the classification must comply with these requirements:
1) it is based on substantial distinctions; 2) it is germane to the purposes of
the law; 3) it is not limited to existing conditions only; and 4) it applies
equally to all members of the class.
The Court concludes that the subject clause contains a suspect
classification in that, in the computation of the monetary benefits of fixed-term
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
on the claims of other OFWs or local workers with fixed-term employment.
The subject clause singles out one classification of OFWs and burdens it with a
peculiar disadvantage.
There being a suspect classification involving a vulnerable sector protected
by the Constitution, the Court now subjects the classification to a strict
judicial scrutiny, and determines whether it serves a compelling state
interest through the least restrictive means.
What constitutes compelling state interest is measured by the scale of
rights and powers arrayed in the Constitution and calibrated by history.
In the present case, the Court dug deep into the records but found no
compelling state interest that the subject clause may possibly serve.
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
the discrimination against OFWs under the subject clause.
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
protection.1avvphi1
While all the provisions of the 1987 Constitution are presumed self-
executing,132 there are some which this Court has declared not judicially
enforceable, Article XIII being one, particularly Section 3 thereof, the nature of
which, this Court, in Agabon v. National Labor Relations Commission, has
described to be not self-actuating:
Thus, the constitutional mandates of protection to labor and security of
tenure may be deemed as self-executing in the sense that these are
automatically acknowledged and observed without need for any enabling
legislation.
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
employee for just cause owing to the failure to serve proper notice or
hearing. As manifested by several framers of the 1987 Constitution, the
provisions on social justice require legislative enactments for their
enforceability.
Thus, Section 3, Article XIII cannot be treated as a principal source of direct
enforceable rights, for the violation of which the questioned clause may be
declared unconstitutional. It may unwittingly risk opening the floodgates of
litigation to every worker or union over every conceivable violation of so
broad a concept as social justice for labor.
It must be stressed that Section 3, Article XIII does not directly bestow on
the working class any actual enforceable right, but merely clothes it with the
status of a sector for whom the Constitution urges protection through
executive or legislative action and judicial recognition. Its utility is best
limited to being an impetus(DRIVE,PUSH) not just for the executive and
legislative departments, but for the judiciary as well, to protect the welfare of
the working class.
Along the same line of reasoning, the Court further holds that the subject
clause violates petitioner's right to substantive due process, for it deprives
him of property, consisting of monetary benefits, without any existing
valid governmental purpose.136
The subject clause does not state or imply any definitive governmental
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
process under Section 1, Article III of the Constitution.
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
Petitioner contends that his overtime and leave pay should form part of the
salary basis in the computation of his monetary award, because these are
fixed benefits that have been stipulated into his contract.
Petitioner is mistaken.
The word salaries in Section 10(5) does not include overtime and leave pay.
For seafarers like petitioner, DOLE Department Order No. 33, series 1996,
provides a Standard Employment Contract of Seafarers, in which salary is
understood as the basic wage, exclusive of overtime, leave pay and other
bonuses; whereas overtime pay is compensation for all work "performed" in
excess of the regular eight hours, and holiday pay is compensation for any
work "performed" on designated rest days and holidays.
By the foregoing definition alone, there is no basis for the automatic
inclusion of overtime and holiday pay in the computation of petitioner's
monetary award, unless there is evidence that he performed work during
those periods. As the Court held in Centennial Transmarine, Inc. v. Dela
Cruz,138
However, the payment of overtime pay and leave pay should be disallowed
in light of our ruling in Cagampan v. National Labor Relations Commission,
to wit:
The rendition of overtime work and the submission of sufficient proof that
said was actually performed are conditions to be satisfied before a seaman
could be entitled to overtime pay which should be computed on the basis of
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
established.
In the same vein, the claim for the day's leave pay for the unexpired portion
of the contract is unwarranted since the same is given during the actual
service of the seamen.
SKIPPERS UNITED PACIFIC, INC versus NATHANIEL DOZA,
The Case
This arose from consolidated labor case4 filed by seafarers Napoleon
De Gracia (De Gracia), Isidro L. Lata (Lata), Charlie Aprosta (Aprosta), and
Nathaniel Doza (Doza) against local manning agency Skippers United
Pacific, Inc. and its foreign principal, Skippers Maritime Services, Inc., Ltd.
(Skippers) for unremitted home allotment , salaries for the unexpired portion
of their employment contracts, moral damages, exemplary damages, and
attorneys fees. Skippers, on the other hand, answered with a claim for
reimbursement of De Gracia, Aprosta and Latas repatriation expenses, as
well as award of moral damages and attorneys fees.
The Decision of the Labor Arbiter
The Labor Arbiter rendered his Decision dismissing herein action for lack of
merit.
The Labor Arbiter dismissed De Gracia, et al.s complaint for illegal dismissal
because the seafarers voluntarily pre-terminated their employment contracts
by demanding for immediate repatriation due to dissatisfaction with the
ship.
The Labor Arbiter held that such voluntary pre-termination of employment
contract is akin to resignation, a form of termination by employee of his
employment contract under Article 285 of the Labor Code.
The Labor Arbiter gave weight and credibility to the telex of the master of
the vessel to Skippers, claiming that De Gracia, et al. demanded for
immediate repatriation.
Due to the absence of illegal dismissal, De Gracia, et. al.s claim for salaries
representing the unexpired portion of their employment contracts was
dismissed.
The NLRC Decision : dismissed De Gracia, et al.s appeal for lack of merit
and affirmed the Labor Arbiters decision
The CA Decision : Reversed NLRC decision for relying to the telex msg of
vessel capt that pet vol preterminated their contracts
The Issues
b) The Court of Appeals seriously erred in finding petitioners liable
to pay backwages and the alleged unremitted home allotment pay
despite the finding of the Labor Arbiter and the NLRC that the
claims are baseless.
SC Ruling: CA decision affirmed, but modify the award.
For a workers dismissal to be considered valid, it must comply with
both procedural and substantive due process. The legality of the manner of
dismissal constitutes procedural due process, while the legality of the act of
dismissal constitutes substantive due process.
Procedural due process in dismissal cases consists of the twin
requirements of notice and hearing. The employer must furnish the
employee with two written notices before the termination of
employment can be effected:
(1) the 1st notice apprises the employee of the particular
acts or omissions for which his dismissal is sought;
and
(2) the 2nd notice informs the employee of the employers
decision to dismiss him. Before the issuance of the
second notice, the requirement of a hearing must be
complied with by giving the worker an opportunity to be
heard. It is not necessary that an actual hearing be
conducted.
Substantive due process, on the other hand, requires that dismissal
by the employer be made under a just or authorized cause under
Articles 282 to 284 of the Labor Code.
< In this case, there was no written notice furnished to De Gracia, et al.
regarding the cause of their dismissal. Cosmoship furnished a written notice
(telex) to Skippers, the local manning agency, claiming that De Gracia, et al.
were repatriated because the latter voluntarily pre-terminated their
contracts. This telex was given credibility and weight by the Labor Arbiter
and NLRC in deciding that there was pre-termination of the employment
contract akin to resignation and no illegal dismissal. However, as correctly
ruled by the CA, the telex message is a biased and self-serving document
that does not satisfy the requirement of substantial evidence. If, indeed,
De Gracia, et al. voluntarily pre-terminated their contracts, then De Gracia, et
al. should have submitted their written resignations.

Article 285 of the Labor Code recognizes termination by the employee of the
employment contract by serving written notice on the employer at least one
(1) month in advance. Given that provision, the law contemplates the
requirement of a written notice of resignation. In the absence of a written
resignation, it is safe to presume that the employer terminated the seafarersFor these
reasons, the dismissal of De Gracia, et al. was illegal.
unconstitutional the clause or for three months for every year of the
unexpired term, whichever is less and awarded the entire unexpired portion
of the employment contract to the overseas Filipino worker.
On 8 March 2010, however, Section 7 of Republic Act No. 10022 (RA 10022)
amended Section 10 of the Migrant Workers Act, and once again reiterated
the provision of awarding the unexpired portion of the employent contract
or three (3) months for every year of the unexpired term, whichever is less.

Contrary to the claim of the Labor Arbiter and NLRC that the home
allotment pay is in the nature of extraordinary money where the
burden of proof is shifted to the worker who must prove he is
entitled to such monetary benefit, Section 8 of POEA Memorandum
Circular No. 55, series of 1996, states that the allotment actually
constitutes at least eighty percent (80%) of the seafarers salary:
The seafarer is required to make an allotment which is payable once
a month to his designated allottee in the Philippines through any
authorized Philippine bank. The master/employer/agency shall
provide the seafarer with facilities to do so at no expense to the
seafarer. The allotment shall be at least eighty percent (80%) of the
seafarers monthly basic salary including backwages, if any.
Nevertheless, since the termination occurred on January 1999 before the
passage of the amendatory RA 10022, we shall apply RA 8042,
as unamended, without touching on the constitutionality of Section 7 of RA
10022.
The declaration in March 2009 of the unconstitutionality of the clause or for
three months for every year of the unexpired term, whichever is less in RA
8042 shall be given retroactive effect to the termination that occurred in
January 1999 because an unconstitutional clause in the law confers no rights,
imposes no duties and affords no protection. The unconstitutional provision is
inoperative, as if it was not passed into law at all.

Section 10 of Republic Act No. 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, valid or authorized cause as defined by
law or contract, the workers shall be entitled to the
full reimbursement of his placement fee with 12%
interest 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.

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, whichever is less, shall be awarded to the
overseas Filipino worker, in cases of illegal dismissal.

However, in 24 March 2009, Serrano v. Gallant Maritime Services and

Marlow Navigation Co. Inc.,58 the Court, in an En Banc Decision, declared
BERNARDO vs. NLRC and FAR EAST BANK, GR No. 122917; July 12, 1999
Far East Bank (Respondent) entered into employment contracts with deaf-
mutes, who were hired as money sorters under uniform Employment
Contracts for Handicapped Workers. Every 6 months, these workers
renewed their employment contracts. The complainants here complain that
they were regular employees and that they have been illegally dismissed.
Respondent argued that complainants were not regular employees, but a
special class of workers who were hired because of political and civic
accommodation. And that the Banks corporate philosophy does not allow
the hiring and regularizing handicapped workers unless it was on a special
arrangement basis. The Labor Arbiter ruled in favor of respondent bank
workers. NLRC affirmed.
ISSUE: Whether or not petitioner workers are regular employees.
HELD:
YES, petitioners are regular employees. The fact that after the expiry of their
6 month contract, respondent bank renewed their contracts shows that these
workers were qualified to perform the responsibilities of their positions.
The Magna Carta for Disabled Persons mandates that a qualified disabled
employee should be given the same terms of employment as a qualified able-
bodied person. This being so, petitioners are thus covered by Art. 286 of the
Labor Code which defines regular employment to be that the employee has
been engaged to perform activities usually necessary or desirable in the
usual business or trade of the employer. The task of counting and sorting
bills is necessary to the business of respondent bank. Except for sixteen of
them, the petitioners performed these tasks for more than six months.
Therefore, the 27 petitioners should be deemed regular employees entitled to
security of tenure. Their services may only be terminated for a just and
authorized cause. Because respondents failed to show such cause, these 27
petitioners are deemed illegally dismissed and hence entitled to backwages
and separation pay.
NITTO ENTERPRISES vs. NLRC, G.R. No. 114337 September 29, 1995
Nitto Enterprises hired Roberto Capili sometime in May 1990 as an
apprentice machinist, molder and core maker for a period of 6 mos. with a
daily wage rate of 75% of the applicable minimum wage.
Capili while handling a piece of glass which he was working on, accidentally
hit and injured the leg of an office secretary who was treated at a nearby
hospital.
Later that same day, after office hours, he entered a workshop within the
office premises which was not his work station and operated one of the
power press machines without authority and in the process injured his left
thumb. The following day, Capili was asked to resign in a letter.
He executed a Quitclaim and Release in favor of Nitto
Three days after, Capili formally filed before the NLRC Arbitration Branch, a
complaint for illegal dismissal and payment of other monetary benefits.
The Labor Arbiter rendered his decision finding the termination of private
respondent as valid and dismissing the money claim for lack of merit.
NLRC reversed the decision and ordered Capilis reinstatement plus
backwages.The NLRC declared that private respondent was a regular
employee and not a plain "apprentice; and that Capili was a regular
employee under Article 280 of the Labor Code, as early as May 28,1990, who
thus enjoyed the security of tenure guaranteed in Section 3, Article XIII of
our 1987 Constitution.
The complainant being for illegal dismissal (among others) it then behooves
upon Nitto, pursuant to Art. 227(b) and as ruled in Edwin Gesulgon vs.
NLRC, et al. (G.R. No. 90349, March 5, 1993, 3rd Div., Feliciano, J.) to prove
that the dismissal of complainant was for a valid cause. Absent such proof,
we cannot but rule that the complainant was illegally dismissed.
On January 28, 1994, Labor Arbiter Libo-on called for a conference at which
only private respondent's representative was present.
A Writ of Execution was issued for the reinstatement and payment of
backwages.
Issue: WON Capili was an apprentice
NO, The law is clear on this matter. Article 61 of the Labor Code provides:
Contents of apprenticeship agreement. Apprenticeship agreements,
including the main rates of apprentices, shall conform to the rules issued by
the Minister of Labor and Employment. The period of apprenticeship shall
not exceed six months. Apprenticeship agreements providing for wage rates
below the legal minimum wage, which in no case shall start below 75%
per cent of the applicable minimum wage, may be entered into only in
accordance with apprenticeship program duly approved by the Minister of
Labor and Employment. The Ministry shall develop standard model
programs of apprenticeship. (emphasis supplied)
In the case at bench, the apprenticeship agreement between Nitto and Capili
was executed on May 28, 1990 but was filed only at a later date. Hence, Nitto
did not comply with the requirements of the law which mandates that
apprenticeship agreements entered into by the employer and apprentice
shall be entered only in accordance with the apprenticeship program duly
approved by the Minister of Labor and Employment.
Prior approval by the DOLE of the proposed apprenticeship program is,
therefore, a condition sine quo non before an apprenticeship agreement
can be validly entered into.
The act of filing the proposed apprenticeship program with the DOLE is a
preliminary step towards its final approval and does not instantaneously
give rise to an employer-apprentice relationship.
Hence, since the apprenticeship agreement between petitioner and private
respondent has no force and effect in the absence of a valid apprenticeship
program duly approved by the DOLE, Capili should rightly be considered
as a regular employee of petitioner as defined by Article 280 of the Labor
Code:
Art. 280. Regular and Casual Employment. The provisions of
written agreement to the contrary notwithstanding and regardless of the oral
agreement of the parties, an employment shall be deemed to be regular
where the employee has been engaged to perform activities which are
usually necessary or desirable in the usual business or trade of the employer,
except where the employment has been fixed for a specific project or
undertaking the completion or termination of which has been determined at
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
the season.
An employment shall be deemed to be casual if it is not covered by the
preceding paragraph: Provided, That, any employee who has rendered at
least one year of service, whether such service is continuous or broken, shall
be considered a regular employee with respect to the activity in which he is
employed and his employment shall continue while such activity exists.
(Emphasis supplied)
There is an abundance of cases wherein the Court ruled that the twin
requirements of due process, substantive and procedural, must be complied
with, before valid dismissal exists. Without which, the dismissal becomes
void.
The twin requirements of notice and hearing constitute the essential
elements of due process. This simply means that the employer shall afford
the worker ample opportunity to be heard and to defend himself with the
assistance of his representative, if he so desires.
The law requires that the employer must furnish the worker sought to be
dismissed with two (2) written notices before termination of employee can
be legally effected:
(1) notice which apprises the employee of the particular acts or
omissions for which his dismissal is sought; and
(2) the subsequent notice which informs the employee of the
employer's decision to dismiss him (Sec. 13, BP 130; Sec. 2-6 Rule
XIV, Book V, Rules and Regulations Implementing the Labor Code
as amended).
Failure to comply with the requirements taints the dismissal with
illegality. This procedure is mandatory, in the absence of which, any
judgment reached by management is void and in existent (Tingson,
Jr. vs. NLRC, 185 SCRA 498 [1990]; National Service Corp. vs. NLRC,
168 SCRA 122; Ruffy vs. NLRC. 182 SCRA 365 [1990]).
The fact is private respondent filed a case of illegal dismissal with the Labor
Arbiter only three days after he was made to sign a Quitclaim, a clear
indication that such resignation was not voluntary and deliberate.
Petitioner cannot disguise the summary dismissal of private respondent by
orchestrating the latter's alleged resignation and subsequent execution of a
Quitclaim and Release. A judicious examination of both events belies any
spontaneity on private respondent's part.
The petitioner, thus, has an obligation to pay damages for injury arising from
the unskilled manner by which Funtecha drove the vehicle.
In the absence of evidence that the petitioner had exercised the diligence of a
good father of a family in the supervision of its employees, the law imposes
upon it the vicarious liability for acts or omissions of its employees.

G.R. No. 75112 August 17, 1992

FILAMER CHRISTIAN INSTITUTE, vs. IAC

Funtecha was a working student, being a part-time janitor and a scholar of

Filamer Christian Inst. He was, in relation to the school, an employee even if
he was assigned to clean the school premises for only two (2) hours in the
morning of each school day.

Having a student driver's license, Funtecha requested the driver, Allan Masa,
and was allowed, to take over the vehicle while the latter was on his way
home one late afternoon. Masa and Fuentecha live in the same house.

Issue: WON Funtecha is an employee of Filamer

YES, Funtecha is an employee of petitioner Filamer.

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, it
being sufficient that the act of driving at the time of the incident was for
the benefit of the petitioner. Hence, 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, or in the supervision over him. 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.

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.
REPUBLIC ACT No. 10022
AN ACT AMENDING REPUBLIC ACT NO. 8042, OTHERWISE KNOWN
AS THE MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995,
AS AMENDED, FURTHER IMPROVING THE 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:
Section 1. Paragraphs (a), (e), (g) and (h) of Section 2 of Republic Act. No.
8042, as amended, otherwise known as the "Migrant Workers and Overseas
Filipinos Act of 1995," is hereby amended to read as follows:
"(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,
continuously monitor international conventions, adopt/be signatory to and
ratify those that guarantee protection to our migrant workers, and endeavor
to enter into bilateral agreements with countries hosting overseas Filipino
workers."
"(e) Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty. In this
regard, it is imperative that an effective mechanism be instituted to ensure
that the rights and interest of distressed overseas Filipinos, in general, and
Filipino migrant workers, in particular, whether regular/documented or
irregular/undocumented, are adequately protected and safeguarded."
"(g) The State recognizes that the most effective tool for empowerment is the
possession of skills by migrant workers. The government shall provide them
free and accessible skills development and enhancement programs. Pursuant
to this and as soon as practicable, the government shall deploy and/or allow
the deployment only of skilled Filipino workers."
"(h) The State recognizes non-governmental organizations, trade unions,
workers associations, stakeholders and their similar entities duly recognized
as legitimate, are partners of the State in the protection of Filipino migrant
workers and in the promotion of their welfare. The State shall cooperate with
them in a spirit of trust and mutual respect. The significant contribution of
recruitment and manning agencies shall from part this partnership."
Section 2. Section 3, paragraph (a) of Republic Act No. 8042, as amended, is
hereby amended to read as follows:
"(a) "Overseas Filipino worker" refers to a person who is to be engaged, is
engaged or has been engaged in a remunerated activity in a state of which he
or she is not a citizen or on board a vessel navigating the foreign seas other
than a government ship used for miliatry or non-commercial purposes or on
an installation located offshore or on the high seas; to be used
interchangeably with migrant worker."
Section 3. Section 4 of Republic Act No. 8042, as amended, is hereby
amended to rerad as follows:
"SEC. 4. Deployment of Migrant Workers. - The State shall allow the
deployment of overseas Filipino workers only in countries where the rights
of Filipino migrant workers are protected. The government recognizes any of
the following as a guarantee on the part of the receiving country for the
protection of the rights of overseas Filipino workers:
"(a) It has existing labor and social laws protecting the rights of workers,
including migrant workers;
"(b) It is a signatory to and/or a ratifier of multilateral conventions,
declarations or resolutions relating to the protection of workers, including
migrant workers; and
"(c) It has concluded a bilateral agreement or arrangement with the
government on the protection of the rights of overseas Filipino Workers:
Provided, That the receiving country is taking positive, concrete measures to
protect the rights of migrant workers in furtherance of any of the guarantees
under subparagraphs (a), (b) and (c) hereof.
"In the absence of a clear showing that any of the aforementioned guarantees
exists in the country of destination of the migrant workers, no permit for
deployment shall be issued by the Philippine Overseas Employment
Administration (POEA).
"The members of the POEA Governing Board who actually voted in favor of
an order allowing the deployment of migrant workers without any of the
aforementioned guarantees shall suffer the penalties of removal or dismissal
from service with disqualification to hold any appointive public office for
five (5) years, Further, the government official or employee responsible for
the issuance of the permit or for allowing the deployment of migrant
workers in violation of this section and in direct contravention of an order by
the POEA Governing Board prohibiting deployment shall be meted the same
penalties in this section.
"For this purpose, the Department of Foreign Affairs, through its foreign
posts, shall issue a certification to the POEA, specifying therein the pertinent
provisions of the receiving country's labor/social law, or the
convention/declaration/resolution, or the bilateral agreement/arrangement
which protect the rights of migrant workers.
"The State shall also allow the deployment of overseas Filipino workers to
vessels navigating the foreign seas or to installations located offshore or on
high seas whose owners/employers are compliant with international laws
and standards that protect the rights of migrant workers.
"The State shall likewise allow the deployment of overseas Filipino workers
to companies and contractors with international operations: Provided, That
they are compliant with standards, conditions and requirements, as
embodied in the employment contracts prescribed by the POEA and in
accordance with internationally-accepted standards."
Section 4. Section 5 of Republic Act No. 8042, as amended, is hereby
amended to read as follows:
"SEC. 5. Termination or Ban on Deployment. - Notwithstanding the
provisions of Section 4 hereof, in pursuit of the national interest or when
public welfare so requires, the POEA Governing Board, after consultation
with the Department of Foreign Affairs, may, at any time, terminate or
impose a ban on the deployment of migrant workers."
Section 5. Section 6 of Republic Act No. 8042, as amended, is hereby "(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;

"SEC. 6. Definition. - For purposes of this Act, illegal recruitment shall mean
any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or "(e) To influence or attempt to influence any person or entity not to employ
procuring workers and includes referring, contract services, promising or any worker who has not applied for employment through his agency or who
advertising for employment abroad, whether for profit or not, when has formed, joined or supported, or has contacted or is supported by any
undertaken by non-licensee or non-holder of authority contemplated under union or workers' organization;
Article 13(f) of Presidential Decree No. 442, as amended, otherwise known as
the Labor Code of the Philippines: Provided, That any such non-licensee or
non-holder who, in any manner, offers or promises for a fee employment
abroad to two or more persons shall be deemed so engaged. It shall likewise "(f) To engage in the recruitment or placement of workers in jobs harmful to
include the following acts, whether committed by any person, whether a public health or morality or to the dignity of the Republic of the Philippines;
non-licensee, non-holder, licensee or holder of authority:

"(h) To fail to submit reports on the status of employment, placement

"(a) To charge or accept directly or indirectly any amount greater than that vacancies, remittance of foreign exchange earnings, separation from jobs,
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, or to make a worker pay or acknowledge any Secretary of Labor and Employment;
amount greater than that actually received by him as a loan or advance;

"(i) To substitute or alter to the prejudice of the worker, 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; 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;

"(c) To give any false notice, testimony, information or document or commit

any act of misrepresentation for the purpose of securing a license or
authority under the Labor Code, or for the purpose of documenting hired "(j) For an officer or agent of a recruitment or placement agency to become an
workers with the POEA, 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, work different from or to be engaged directly or indirectly in the management of travel agency;
the actual overseas work, or work with a different employer whether
registered or not with the POEA;

"(k) To withhold or deny travel documents from applicant workers before

departure for monetary or financial considerations, or for any other reasons,
other than those authorized under the Labor Code and its implementing
rules and regulations;
"(l) Failure to actually deploy a contracted worker without valid reason as
determined by the Department of Labor and Employment;
"(m) Failure to reimburse expenses incurred by the worker in connection
with his documentation and processing for purposes of deployment, in cases
where the deployment does not actually take place without the worker's
fault. Illegal recruitment when committed by a syndicate or in large scale
shall be considered an offense involving economic sabotage; and
"(n) To allow a non-Filipino citizen to head or manage a licensed
recruitment/manning agency.
"Illegal recruitment is deemed committed by a syndicate if carried out by a
group of three (3) or more persons conspiring or confederating with one
another. It is deemed committed in large scale if committed against three (3)
or more persons individually or as a group.
"In addition to the acts enumerated above, it shall also be unlawful for any
person or entity to commit the following prohibited acts:
"(1) Grant a loan to an overseas Filipino worker with interest exceeding eight
percent (8%) per annum, which will be used for payment of legal and
allowable placement fees and make the migrant worker issue, either
personally or through a guarantor or accommodation party, postdated
checks in relation to the said loan;
"(2) Impose a compulsory and exclusive arrangement whereby an overseas
Filipino worker is required to avail of a loan only from specifically
designated institutions, entities or persons;
"(3) Refuse to condone or renegotiate a loan incurred by an overseas Filipino
worker after the latter's employment contract has been prematurely
terminated through no fault of his or her own;
"(4) Impose a compulsory and exclusive arrangement whereby an overseas
Filipino worker is required to undergo health examinations only from
specifically designated medical clinics, institutions, entities or persons,
except in the case of a seafarer whose medical examination cost is shouldered
by the principal/shipowner;
"(5) Impose a compulsory and exclusive arrangement whereby an overseas
Filipino worker is required to undergo training, seminar, instruction or
schooling of any kind only from specifically designated institutions, entities
or persons, except fpr recommendatory trainings mandated by
principals/shipowners where the latter shoulder the cost of such trainings;
"(6) For a suspended recruitment/manning agency to engage in any kind of
recruitment activity including the processing of pending workers'
applications; and
"(7) For a recruitment/manning agency or a foreign principal/employer to
pass on the overseas Filipino worker or deduct from his or her salary the
payment of the cost of insurance fees, premium or other insurance related
charges, as provided under the compulsory worker's insurance coverage.
"The persons criminally liable for the above offenses are the principals,
accomplices and accessories. In case of juridical persons, the officers having
ownership, control, management or direction of their business who are
responsible for the commission of the offense and the responsible
employees/agents thereof shall be liable.
"In the filing of cases for illegal recruitment or any of the prohibited acts
under this section, the Secretary of Labor and Employment, the POEA
Administrator or their duly authorized representatives, or any aggrieved
person may initiate the corresponding criminal action with the appropriate
office. For this purpose, the affidavits and testimonies of operatives or
personnel from the Department of Labor and Employment, POEA and other
law enforcement agencies who witnessed the acts constituting the offense
shall be sufficient to prosecute the accused.
"In the prosecution of offenses punishable under this section, the public
prosecutors of the Department of Justice shall collaborate with the anti-illegal
recruitment branch of the POEA and, in certain cases, allow the POEA
lawyers to take the lead in the prosecution. The POEA lawyers who act as
prosecutors in such cases shall be entitled to receive additional allowances as
may be determined by the POEA Administrator.
"The filing of an offense punishable under this Act shall be without prejudice
to the filing of cases punishable under other existing laws, rules or
regulations."1avvphi1
Section 6. Section 7 of Republic Act No. 8042, as amended, is hereby
amended to read as follows:
"SEC. 7. Penalties. -
"(a) Any person found guilty of illegal recruitment shall suffer the penalty of
imprisonment of not less than twelve (12) years and one (1) day but not more
than twenty (20) years and a fine of not less than One million pesos
(P1,000,000.00) nor more than Two million pesos (P2,000,000.00).
"(b) The penalty of life imprisonment and a fine of not less than Two million
pesos (P2,000,000.00) nor more than Five million pesos (P5,000,000.00) shall
be imposed if illegal recruitment constitutes economic sabotage as defined
therein.
"Provided, however, That the maximum penalty shall be imposed if the
person illegally recruited is less than eighteen (18) years of age or committed
by a non-licensee or non-holder of authority.
"(c) Any person found guilty of any of the prohibited acts shall suffer the
penalty of imprisonment of not less than six (6) years and one (1) day but not
more than twelve (12) years and a fine of not less than Five hundred
thousand pesos (P500,000.00) nor more than One million pesos
(P1,000,000.00).
"If the offender is an alien, he or she shall, in addition to the penalties herein
prescribed, be deported without further proceedings.
"In every case, conviction shall cause and carry the automatic revocation of
the license or registration of the recruitment/manning agency, lending
institutions, training school or medical clinic."
Section 7. Section 10 of Republic Act No. 8042, as amended, is hereby
amended to read as follows:
"SEC. 10. Money Claims. - Notwithstanding any provision of law to the
contrary, the Labor Arbiters of the National Labor Relations Commission
(NLRC) shall have the original and exclusive jurisdiction to hear and decide,
within ninety (90) calendar days after the 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 damage. Consistent
with this mandate, the NLRC shall endeavor to update and keep abreast
with the developments in the global services industry.
"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 provision shall be incorporated in the contract for overseas employment
and shall be a condition precedent for its approval. The performance bond to
de 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 thirty (30)
days from 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, or any unauthorized
deductions from the migrant worker's salary, 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, 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.
"In case of a final and executory judgement against a foreign
employer/principal, it shall be automatically disqualified, without further
proceedings, from participating in the Philippine Overseas Employment
Program and from recruiting and hiring Filipino workers until and unless it
fully satisfies the judgement award.
"Noncompliance with the mandatory periods for resolutions of case
provided under this section shall subject the responsible officials to any or all
of the following penalties:
"(a) The salary of any such official who fails to render his decision or
resolution within the prescribed period shall be, 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 disqualification 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 incured under
other existing laws or rules and regulations as a consequence of violating the
provisions of this paragraph."
Section 8. The first paragraph of Section 13 of Republic Act No. 8042, as
amended is hereby amended to read as follows:
"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 in the anti-illegal recruitment branch
of the POEA including its regional offices. Such mechanism shall include
coordination and cooperation with the Department of Justice, the Integrated
Bar of the Philippines, and other non-governmental organizations and
volunteer groups."
Section 9. Section 16 of Republic Act No. 8042, as amended, is hereby
amended to read as follows:
"SEC. 16. Mandatory Repatriation of Underage Migrant Workers. - Upon
discovery or being informed of the presence of migrant workers whose 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 available of such discovery and other relevant
information. The license of a recruitment/manning agency which recruited
or deployed an underage migrant worker shall be automatically revoked and
shall be imposed a fine of not less than Five hundred thousand pesos (Php
500,000.00) but not more than One million pesos (Php 1,000,000.00). 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, without need of notice, to the underage
migrant worker or to his parents or guardian. The refund shall be
independent of and in addition to the indemnification for the damages
sustained by the underage migrant worker. The refund shall be paid within
thirty (30) days from the date of the mandatory repatriation as provided for
in this Act."
Section 10. Section 17 of Republic Act No. 8042, as amended, is hereby
amended to read as follows:
"SEC. 17. Establishment of National Reintegration Center for Overseas
Filipino Workers. -A national reintegration center for overseas Filipino
workers (NRCO) is hereby created in the Department of Labor and
Employment for returning Filipino migrant workers which shall provide a
mechanism for their reintegration into the Philippine society, 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 (OWWA), and the Philippine Overseas Employment
Administration (POEA) 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 returnees who had been employed as
domestic helpers and entertainers."
Section 11. Section 18 of Republic Act No. 8042, as amended is hereby
amended to read as follows:
"SEC. 18. Functions of the National Reintegration Center for Overseas
Filipino Workers. -The Center shall provide the following services:
"(a) Develop and support programs and projects for livelihood,
entrepreneurship, savings, investments and financial literacy for returning
Filipino migrant workers and their families in coordination with relevant
stakeholders, service providers and international organizations;
"(b) Coordinate with appropriate stakeholders, service providers and
relevant international organizations for the promotion, development and the
full utilization of overseas Filipino worker returnees and their potentials;
"(c) Institute, in cooperation with other government agencies concerned, a
computer-based information system on returning Filipino migrant workers
shall be accessible to all local recruitment agencies and employers, both
public and private;
"(d) Proved a periodic study and assessment of job opportunities for
returning Filipino migrant workers;
"(e) Develop and implement other appropriate programs to promote the
welfare of returning Filipino migrant workers;
"(f) Maintain an internet-based communication system for on-line
registration and interaction with clients, and maintain and upgrade
computer-based service capabilities of the NRCO;
"(g) Develop capacity-building programs for returning overseas Filipino
workers and their families, implementers, service providers, and
stakeholders; and
"(h) Conduct research for policy recommendations and program
development."
Section 12. The second paragraph of Section 19 of Republic Act No. 8042, as
amended, is hereby amended to read as follows:
"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 Philippine government agencies abroad and, if available,
individual volunteers and bona fide non-government 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 Sharia or human rights lawyer, a
psychologist and a social worker for the Center. In addition to these
personnel, the government must also hire within the receiving country, in
such number as may be needed by the post, public relation officers or case
officers who are conversant, orally and in writing, with the local language,
laws, customs and practices. 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."
Section 13. Section 20 of Republic Act No. 8042, as amended, is hereby
amended to read as follows:
"SEC. 20. Establishment of a Shared Government Information System for "(a) Masterlists of Filipino migrant workers/overseas Filipino classified
Migration. - An interagency committee composed of the Department of according to occupation/job category, civil status, by country/state of
Foreign Affairs and its attached agency, the Commission on Filipinos destination including visa classification;
Overseas, the Department of Labor and Employment and its attached
concerned agencies, the Department of Tourism, the Department of Justice
the Bureau of Immigration, the National Bureau of Investigation, the
Department of the Interior and Local Government, the National "(b) Inventory of pending legal cases involving Filipino migrant workers and
Telecommunications Commission, the Commission on Information and other Filipino nationals, including those serving prison terms;
Communications Technology, the National Computer Center, the National
Statistical and Coordination Board, 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;
migration. The interagency committee shall initially make available to itself
the information contained in existing data bases/files. The second phase
shall involve linkaging of computer facilities on order to allow free-flow data
exchanges and sharing among concerned agencies.
"(d) Statistical profile on Filipino migrant workers/overseas
Filipinos/tourists;

"The inter-agency committee shall be co-chaired by the Department of

Foreign Affairs and the Department of Labor and Employment. The National
Computer Center shall provide the necessary technical assistance and shall "(e) Blacklisted foreigners/undesirable aliens;
set the appropriate information and communications technology standards
to facilitate the sharing of information among the member agencies.

"The inter-agency committee shall meet regularly to ensure the immediate
and full implementation of this section and shall explore the possibility
setting up a central storage facility for the data on migration. The progress of
the implementation of this section shall be include in the report to Congress
of the Department of Foreign Affairs and the Department of Labor and
Employment under Section 33.
"(f) Basic data on legal systems, immigration policies, marriage laws and civil
and criminal codes in receiving countries particularly those with large
numbers of Filipinos;
"(g) List of Labor and other human rights instruments where receiving
countries are signatories;

"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. These involving male and female migrant workers, including minors; and
shared data bases shall initially include, but not be limited to, the following
information:
"(i) Listing of overseas posts which may render assistance to overseas
Filipinos, in general, and migrant workers, in particular."
Section 14. Subparagraph (b.1) of paragraph (b) of Section 23 of Republic Act
No. 8042, as amended, is hereby amended to read as follows:
"(b.1) Philippine Overseas Employment Administration. - 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, a system for promoting and
monitoring the overseas employment of Filipino workers taking into
consideration their welfare and the domestic manpower requirements. It
shall be responsible for the regulation and management of overseas
employment from the pre-employment stage, securing the best possible
employment terms and conditions for overseas Filipino workers, and taking
into consideration the needs of vulnerable sectors and the peculiarities of
sea-based and land-based workers. In appropriate cases, the Administration
shall allow the lifting of suspension of erring recruitment/manning agencies
upon the payment of fine of Fifty thousand pesos (P50,000.00) for every
month of suspension.
"in addition to its powers and functions, the Administration shall inform
migrant workers not only of their rights as workers but also of their rights as
human beings, instruct and guide the workers how to assert their rights and
provide the available mechanism to redress violation of their rights. It shall
also be responsible for the implementation, in partnership with other law-
enforcement agencies, of an intensified program against illegal recruitment
activities. For this purpose, the POEA shall provide comprehensive Pre-
Employment Orientation Seminars (PEOS) that will discuss topics such as
prevention of illegal recruitment and gender-sensitivity.
"The Administration shall not engage in the recruitment and placement of
overseas workers except on a government-to-government arrangement only.
"In the recruitment and placement of workers to service the requirements for
trained and competent Filipino workers of foreign governments and their
instrumentalitys, and such other employers as public interests may require,
the Administration shall deploy only to countries where the Philippine has
conclude bilateral labor agreements or arrangements: Provided, That such
countries shall guarantee to protect the rights of Filipino migrant workers;
and Provided, further, That such countries shall observe and/or comply with
the international laws and standards for migrant workers."
Section 15. Sub-paragraph (b.2) of Paragraph (b) of Section 23 of Republic
Act No. 8042, as amended, is hereby amended to read as follows:
"(b.2) Overseas Workers Welfare Administration. - The Welfare officer of 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 function, he shall make representation and may call
on the agencies or entities concerned to conferences or conciliation meetings
for the purpose of settling the compliance or problems brought to his
attention. The OWWA shall likewise formulate and implement welfare
programs for overseas Filipino workers and their families while they are
abroad and upon their return. It shall ensure the awareness by the overseas
Filipino workers and their families of these programs and other related
governmental programs.
"In the repatriation of workers to be undertaken by OWWA, the latter shall
be authorized to pay repatriation-related expenses, such as fines or penalties,
subject to such guidelines as the OWWA Board of Trustees may prescribe."
Section 16. Under Section 23 of Republic Act No. 8042, as amended, add new
paragraphs (c) and (d) with their corresponding subparagraphs to read as
follows:

"(c) Department of Health. - The Department of Health (DOH) shall regulate
the activities and operations of all clinics which conduct medical, physical,
optical, dental, psychological and other similar examinations, hereinafter
referred to as health examinations, on Filipino migrant workers as
requirement for their overseas employment. Pursuant to this, the DOH shall
ensure that:
" (c.1) The fees for the health examinations are regulated, regularly
monitored and duly published to ensure that the said fees are reasonable and
not exorbitant;
" (c.2) The Filipino migrant worker shall only be required to undergo health
examinations when there is reasonable certainty that he or she will be hired
and deployed to the jobsite and only those health examinations which are
absolutely necessary for the type of job applied for or those specifically
required by the foreign employer shall be conducted;
" (c.3) No group or groups of medical clinics shall have a monopoly of
exclusively conducting health examinations on migrant workers for certain
receiving countries;
" (c.4) Every Filipino migrant worker shall have the freedom to choose any of
the DOH-accredited or DOH-operated clinics that will conduct his/her
health examinations and that his or her rights as a patient are respected. The
decking practice, which requires an overseas Filipino worker to go first to an
office for registration and then farmed out to a medical clinic located
elsewhere, shall not be allowed;
" (c.5) Within a period of three (3) years from the effectivity of this Act, all
DOH regional and/or provincial hospitals shall establish and operate clinics
that can be serve the health examination requirements of Filipino migrant
workers to provide them easy access to such clinics all over the country and
lessen their transportation and lodging expenses and
" (c.6) All DOH-accredited medical clinics, including the DOH-operated
clinics, 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.
"Any Foreign employer who does not honor the results of valid health
examinations conducted by a DOH-accredited or DOH-operated clinic shall
be temporarily disqualified from the participating in the overseas
employment program, pursuant to POEA rules and regulations.
"In case an overseas Filipino worker is found to be not medically fit upon
his/her immediate arrival in the country of destination, the medical clinic
that conducted the health examination/s of such overseas Filipino worker
shall pay for his or her repatriation back to the Philippines and the cost of
deployment of such worker.
"Any government official or employee who violates any provision of this
subsection shall be removed or dismissed from service with disqualification
to hold any appointive public office for five(5) years. Such penalty is without
prejudice to any other liability which he or she may have incurred under
existing laws, rules or regulations.
"(d) Local Government Units. - In the fight against illegal recruitment, the
local government units (LGUs), in partnership with the POEA, other
concerned government agencies , and non-government organizations
advocating the rights and welfare of overseas Filipino workers, shall take a
proactive stance by being primarily responsible for the dissemination of
information to their constituents on all aspects of overseas employment. To
carry out this task, the following shall be undertaken by the LGUs:
"(d.1) Provide a venue for the POEA, other concerned government agencies
and non-government organizations to conduct PEOS to their constituents on
a regular basis;
"(d.2) Establish overseas Filipino worker help desk or kiosk in their localities
with the objective of providing current information to their constituents on
all the processes aspects of overseas employment. Such desk or kiosk shall,
as be linked to the database of all concerned government agencies,
particularly the POEA for its updated lists of overseas job orders and
licensed recruitment agencies in good standing."
Section 17. Subparagraph ( c ) of Section of Republic Act No. 8042, as
amended, is hereby amended to read as follows:
"( c ) To tap the assistance of reputable law firms, the Integrated Bar of the
Philippines, 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;"
Section 18. Section 25 of Republic Act No. 8042, as amended, is hereby
amended to read as follows:
"SEC. 25. Legal Assistance Fund. - There is herby established a legal
assistance fund for migrant workers, hereinafter referred to as the 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 (50,000,000.00) from the Contingency Fund of the
President;
"Thirty million pesos (30,000,000.00) from the Contingency Fund of the
President Social Fund;
"Twenty million pesos (20,000,000.00) from the Welfare Fund for Overseas
Workers established under Letter of Instructions No. 537 as amended by
Presidential Decree Nos. 1694 and 1809; and
"An amount appropriated in the annual General Appropriations Act (GAA)
which shall not be less than Thirty million pesos (30,000,000.00) per year:
Provided, that the balance of the Legal Assistance Fund (LAF) including the
amount appropriated for the year shall not be less than One hundred million
pesos (P100,000,000.00) : Provided, further, That the fund shall be treated as a
special fund in the National Treasury and its balance, including the amount
appropriated in the GAA, which shall form part of the Fund, shall not revert
to the General Fund.
" 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, be turned over to, and form part
of, the Fund created under this Act."
Section 19. Section 26 of Republic Act No. 8042, as amended, is hereby
amended to read as follows:
"SEC. 26. Uses of the Legal Assistance Fund. - The Legal Assistance Fund at least three (3) times, within ninety (90) days before the boards shall be
created under the preceding section shall be used exclusively6 to provide convened, for purposes of selection. The process shall be open, democratic
legal services to migrant workers and overseas Filipinos in distress in and transparent;
accordance with the guidelines, 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, duly registered with the
abroad, bail bonds to secure the temporary releases and other litigation appropriate Philippine government agency and in good standing as such,
expenses: Provided, That at the end of every year, 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, as provided for under Section qualified to nominate a representative for each sector to the Board;
33 of this Act, the status of the Legal Assistance Fund, including the
expenditures from the said fund duly audited by the Commission on Audit
(COA): Provided, further, That the hiring of foreign legal counsels, when
circumstances warrant urgent action, shall be exempt from the coverage of
"(c) The nominee must be at least twenty-five (25) years of age, able to read
Republic Act No. 9184 or the Government Procurement Act."
and write, 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; and

Section 20. Section 32 of Republic Act No. 8042, as amended, is hereby

amended to read as follows:
"(d) A final list of all the nominees selected by the OWWA/POEA governing
boards, which shall consist of three(3) names for each sector to be
represented, shall be submitted to the President and published in a
newspaper of general circulation;
"SEC. 32. POEA, OWWA and other Boards; 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
"Within thirty (30) days from the submission of the list, the President shall
land-based sectors respectively, to be selected and nominated openly by the
select and appoint from the list, the representatives to the POEA/OWWA
general membership of the sector being represented.
governing boards.

" The selection and nomination of the additional members from the women,
"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. In case of vacancy, the
guidelines:
President shall in accordance with the provisions of this Act, appoint a
replacement who shall serve the unexpired term of his or her predecessor.

"(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,
"Any executive issuances or orders issued that contravene the provisions of
this section shall have no force and effect.
"All other government agencies and government-owned or controlled
corporations which require at least one (1) representative from the overseas
workers sector to their respective boards shall follow all the applicable
provisions of this section."
Section 21. The first and last paragraph of Section 33 of Republic Act No.
8042, as amended, is hereby amended to read as follows:
"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 separately to the said body a semi-annual report of
Philippine foreign posts located in countries hosting Filipino migrant
workers. The mid-year report covering the period January to June shall be
submitted not later than October 31 of the same year while the year-end
report covering the period July to December shall be submitted not later than
May 31 of the following year. The report shall include, but shall not limited
to, the following information:
"xxx
" Any officer of the government who fails to submit the report as stated in
this section shall be subject to an administrative penalty of dismissal from
the service with disqualification to hold any appointive public office for five
(5) years."
Section 22. Section 35 of Republic Act No. 8042, as amended, is hereby
amended to read as follows:
SEC. 35. Exemption from Travel Tax Documentary Stamp and Airport Fee. -
All laws to the contrary notwithstanding, the migrant workers shall be
exempt from the payment of travel tax and airport-fee upon proper showing
of proof entitlement by the POEA.
"The remittances of all overseas Filipino workers, upon showing of the same
proof of entitlement by the overseas Filipino worker's beneficiary or
recipient, shall be exempt from the payment of documentary stamp tax.
Section 23. A new Section 37-A. of Replublic Act No. 8042, as amended, is
hereby added to read as follows:
"SEC. 37-A. Compulsory Insurance Coverage for Agency-Hired Workers. - In
addition to the performance bond to be filed by the recruitment/manning
agency under Section 10, each migrant worker deployed by a
recruitment/manning agency shall be covered by a compulsory insurance
policy which shall be secured at no cost to the said worker. Such insurance
policy shall be effective for the duration of the migrant worker's employment
and shall cover, at the minimum:
"(a) Accidental death, with at least Fifteen thousand United States dollars
(US$10,000.00) survivor's benefit payable to the migrant worker's
beneficiaries;
"(c) Permanent total disablement, with at least Seven thousand five hundred
United States dollars (US$7,500.00) disability benefit payable to the migrant
worker. The following disabilities shall be deemed permanent: total,
complete loss of sight of both eyes; loss of two(2) limbs at or above the ankles
or wrists; permanent complete paralysis of two (2) limbs; brain injury
resulting to incurable imbecility or insanity;
"(d) Repatriation cost of the worker when his/her employment is terminated
without any valid cause, including the transport of his or her personal
belongings. In case of death, the insurance provider shall arrange and pay for
the repatriation or return of the worker's remains. The insurance provider
shall also render any assistance necessary in the transport including, but not
limited to, locating a local licensed funeral home, mortuary or direct
disposition facility to prepare the body for transport, completing all
documentation, obtaining legal clearances, procuring consular services,
providing necessary casket or air transport container, as well as transporting
the remains including retrieval from site of death and delivery to the
receiving funeral home;
"(e) Subsistence allowance benefit, with at least One hundred United States
dollars (US$100.00) Per month for a maximum of six (6) months for a migrant
worker who is involved in a case or litigation for the protection of his/her
rights in the receiving country;
"(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 coverage for money claims shall be equivalent to at
least three (3) months for every year of the migrant worker's employment
contract;
"In addition to the above coverage, the insurance policy shall also include:
"(g) Compassionate visit. When a migrant worker is hospitalized and has
been confined for at least seven (7) consecutive days, he shall be entitled to a
compassionate visit by one (1) family member or a requested individual. The
insurance company shall pay for the transportation cost of the family
member or requested individual to the major airport closest to the place of
hospitalization of the worker. It is, however, the responsibility of the family
member or requested individual to meet all visa and travel document
requirements;
"(h) Medical evacuation. When an adequate medical facility is not available
proximate to the migrant worker, as determined by the insurance company's
physician and/or a consulting physician, evacuation under appropriate
medical supervision by the mode of transport necessary shall be undertaken
by the insurance provider; and
"(i) Medical repatriation. When medically necessary as determined by the
attending physician, repatriation under medical supervision to the migrant
worker's residence shall be undertaken by the insurance provider at such
time that the migrant worker is medically cleared for travel by commercial
carrier. If the period to receive medical clearance to travel exceeds fourteen
(14) days from the date of discharge from the hospital, an alternative
appropriate mode of transportation, such as air ambulance, may be
arranged. Medical and non-medical escorts may be provided when
necessary.
"Only reputable private insurance companies duly registered with the
Insurance Commission (IC) , which are in existence and operational for at
least Five hundred million pesos (P500,000,000.00) to be determined by the
IC, and with a current year certificate of authority shall be qualified to
provide for the worker's insurance coverage. Insurance companies who have
directors, partners, officers, employees or agents with relatives, within the
fourth civil degree of consanguinity or affinity, 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.

"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. After procuring such insurance policy, the
recruitment/manning agency shall provide an authenticated copy thereof to
the migrant worker. It shall then submit the certificate of insurance coverage
of the migrant worker to POEA as a requirement for the issuance of an
Overseas Employment Certificate (OEC) to the migrant worker. In the case of
seafarers who are insured under policies issued by foreign insurance
companies, the POEA shall accept certificates or other proofs of cover from
recruitment/manning agencies: Provided, That the minimum coverage
under sub-paragraphs (a) to (i) are included therein.
"Any person having a claim upon the policy issued pursuant to
subparagraphs (a), (b), (c), (d) and (e) of this section shall present to the
insurance company concerned a written notice of claim together with
pertinent supporting documents. The insurance company shall forthwith
ascertain the truth and extent of the claim and make payment within ten (10)
days from the filing of the notice of claim.
"Any claim arising from accidental death, natural death or disablement
under this section shall be paid by the insurance company without any
contest and without the necessity of providing fault or negligence of any
kind on the part of the insured migrant worker: Provided, That the following
documents, duly authenticated by the Philippine foreign posts, shall be
sufficient evidence to substantiate the claim:
"(1) Death Certificate - In case of natural or accidental death;
"(2) Police or Accident Report - In case of accidental death; and
"(3) Medical Certificate - In case of permanent disablement;
"For repatriation under subparagraph (d) hereof, a certification which states
the reason/s for the termination of the migrant worker's employment and
the need for his or her repatriation shall be issued by the Philippine foreign
post or the Philippine Overseas Labor Office (POLO) located in the receiving
country.
"For subsistence allowance benefit under subparagraph (e), the concerned
labor attach or, in his absence, the embassy or consular official shall issue a
certification which states the name of the case, the names of the parties and
the nature of the cause of action of the migrant worker.
"For the payment of money claims under subparagraph (f), the following
rules shall govern:
"(1) After a decision has become final and executor or a
settlement/compromise agreement has been reached between the parties at
the NLRC, an order shall be released mandating the respondent
recruitment/manning agency to pay the amount adjudged or agreed upon
within thirty (30) days;
"(2) The recruitment/manning agency shall then immediately file a notice of
claim with its insurance provider for the amount of liability insured,
attaching therewith a copy of the decision or compromise agreement;
"(3) Within ten (10) days from the filing of notice of claim, the insurance
company shall make payment to the recruitment/manning agency the
amount adjudged or agreed upon, or the amount of liability insured,
whichever is lower. After receiving the insurance payment, the
recruitment/manning agency shall immediately pay the migrant worker's
claim in full, taking into account that in case the amount of insurance
coverage is insufficient to satisfy the amount adjudged or agreed upon, it is
liable to pay the balance thereof;
"(4) In case the insurance company fails to make payment within ten (10)
days from the filing of the claim, the recruitment/ manning agency shall pay
the amount adjudged or agreed upon within the remaining days of the thirty
(30)-day period, as provided in the first subparagraph hereof;
"(5) If the worker's claim was not settled within the aforesaid thirty (30)-day
period, the recruitment/manning agency's performance bond or escrow
deposit shall be forthwith garnished to satisfy the migrant worker's claim;
"(6) The provision of compulsory worker's insurance under this section shall
not affect the joint and solidary liability of the foreign employer and the
recruitment/manning agency under Section 10;
"(7) Lawyers for the insurance companies, unless the latter is impleaded,
shall be prohibited to appear before the NLRC in money claims cases under
this section.
"Any question or dispute in the enforcement of any insurance policy issued
under this section shall be brought before the IC for mediation or
adjudication.
"In case it is shown by substantial evidence before the POEA that the migrant
worker who was deployed by a licensed recruitment/manning agency has
paid for the premium or the cost of the insurance coverage or that the said
insurance coverage was used as basis by the recruitment/manning agency to
claim any additional fee from the migrant worker, the said licensed
recruitment/manning agency shall lose its license and all its directors,
partners, proprietors, officers and employees shall be perpetually
disqualified from engaging in the business of recruitment of overseas
workers. Such penalty is without prejudice to any other liability which such
persons may have incurred under existing laws, rules or regulations.
"For migrant workers recruited by the POEA on a government-to-
government arrangement, the POEA shall establish a foreign employers
guarantee fund which shall be answerable to the workers' monetary claims
arising from breach of contractual obligations. For migrant workers classified
as rehires, name hires or direct hires, they may opt to be covered by this
insurance coverage by requesting their foreign employers to pay for the cost
of the insurance coverage or they may pay for the premium themselves. To
protect the rights of these workers, the POEA shall provide them adequate
legal assistance, including conciliation and mediation services, whether at
home or abroad.
"At the end of every year, the Department of Labor and Employment and the
IC shall jointly make an assessment of the performance of all insurance
providers, based upon the report of the NLRC and the POEA on their
respective interactions and experiences with the insurance companies, and
they shall have the authority to ban or blacklist such insurance companies
which are known to be evasive or not responsive to the legitimate claims of
migrant workers. The Department of Labor and Employment shall include
such assessment in its year-end report to Congress.
"For purposes of this section, the Department of Labor and Employment, IC,
NLRC and the POEA, 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 foregoing provisions on compulsory insurance coverage shall be subject
to automatic review through the Congressional Oversight Committee
immediately after three (3) years from the effectivity of this Act in order to
determine its efficacy in favor of the covered overseas Filipino workers and
the compliance by recruitment/manning agencies and insurance companies,
without prejudice to an earlier review if necessary and warranted for the
purpose of modifying, amending and/or repealing these subject provisions.
Section 24. A new Section 37-B of Republic Act No. 8042, as amended, is
hereby added to read as follows:
"Sec. 37-B. Congressional Oversight Committee. - 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, respectively. The Oversight
Committee shall be co-chaired by the chairpersons of the Senate Committee
on Labor and Employment and the House of Representatives Committee on
Overseas Workers Affairs. The Oversight Committee shall have the
following duties and functions:
"(a) To set the guidelines and overall framework to monitor and ensure the
proper implementation of Republic Act No. 8042, as amended, as well as all
programs, projects and activities related to overseas employment;
"(b) To ensure transparency and require the submission of reports from
concerned government agencies on the conduct of programs, projects and
policies relating to the implementation of Republic Act No. 8042, as
amended;
"(c) To approve the budget for the programs of the Oversight Committee and
all disbursements therefrom, including compensation of all personnel;
"(d) To submit periodic reports to the President of the Philippines and
Congress on the implementation of the provisions of Republic Act No. 8042,
as amended;
"(e) To determine weaknesses in the law and recommend the necessary
remedial legislation or executive measures; and
"(f) To perform such other duties, functions and responsibilities as may be
necessary to attain its objectives.
"The Oversight Committee shall adopt its internal rules of procedure,
conduct hearings and receive testimonies, reports, and technical advice,
invite or summon by subpoena ad testificandum any public official or
private citizen to testify before it, or require any person by subpoena duces
tecum documents or other materials as it may require consistent with the
provisions of Republic Act No. 8042, as amended.
"The Oversight Committee shall organize its staff and technical panel, and
appoint such personnel, whether on secondment from the Senate and the
House of Representatives or on temporary, contractual, or on consultancy,
and determine their compensation subject to applicable civil service laws,
rules and regulations with a view to ensuring a competent and efficient
secretariat.
"The members of the Oversight Committee shall not receive additional
compensation, allowances or emoluments for services rendered thereto
except traveling, extraordinary and other necessary expenses to attain its
goals and objectives.
 Section 28. Repealing Clause. - All laws, decrees, executive orders, issuances,
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.
effectivity of this Act and may be extended by a joint concurrent resolution."

Section 29. Effectivity. - This Act shall take effect fifteen (15) days after its
Section 25. Implementing Rules and Regulations. - The departments and publication in at least two (2) newspapers of general circulation.
agencies charged with carrying out the provisions of this Act, except as
otherwise provided herein, in consultation with the Senate Committee on
Labor and Employment and the House of Representatives Committee on
Overseas Workers Affairs, shall, within sixty (60) days after the effectivity of Approved,
this Act, formulate the necessary rules and regulations for its effective
implementation.

Section 26. Funding. - The departments, agencies, instrumentalities, bureaus, (Sgd.) PROSPERO C. 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.) JUAN PONCE ENRILE
programs the implementation of this Act, the funding of which shall be
included in the General Appropriations Act. The Congressional Oversight
President of the Senate
Committee on Overseas Workers Affairs shall have the sum of Twenty-five
million pesos (P25,000,000.00), 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. 3286 and House Bill No.
against the current appropriations of the House of Representatives, 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, 2010 and December 18, 2009, respectively.
wherein the General Appropriations Act is reenacted and no provision for its
continued operation is included in such Act. Thereafter, such amount
necessary for its continued operations shall be included in the annual
General Appropriations Act.

(Sgd.) MARILYN B. BARUA-YAP

Section 27. Separability Clause. - If, for any reason, may portion of this Act is Secretary General
declared unconstitutional or invalid, the same shall not affect the validity of
the other provisions not affected thereby. House of Represenatives

(Sgd.) EMMA LIRIO-REYES

Secretary of Senate
Approved: March 8, 2010
(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines
The Lawphil Project - Arellano Law Foundation
OMNIBUS RULES AND REGULATIONS IMPLEMENTING THE
MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995, AS
AMENDED BY REPUBLIC ACT NO. 10022
Pursuant to the authority vested by law on the Secretary of Foreign Affairs
and the Secretary of Labor and Employment, and in the light of Republic Act
No. 10022, An Act Amending Republic Act No. 8042, Otherwise Known as
the Migrant Workers and Overseas Filipinos Act of 195, as amended, Further
Improving the Standard of Protection and Promotion of the Welfare of
Migrant Workers, Their Families and Overseas Filipinos in Distress, and For
Other Purpose, the following Implementing Rules and Regulations are
hereby promulgated:
RULE I
GENERAL PROVISIONS
Section 1. 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 the country or
overseas, in general, and Filipino migrant workers, in particular,
continuously monitor international conventions, adopt/be signatory to and
ratify those that guarantee protection to our migrant workers, and endeavor
to enter into bilateral agreements with countries hosting overseas Filipino
workers.
(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 RULE II
vulnerabilities, 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.

Section 1. Definitions.

(e) Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty. In this
regard, it is imperative that an effective mechanism be instituted to ensure (a) Act - refers to the "Migrant Workers and Overseas Filipinos Act of 1995,"
that the rights and interest of distressed overseas Filipinos, in general, and as amended by Republic Act No. 9422 and Republic Act No. 10022.
Filipino migrant workers, in particular, whether regular/documented or
irregular/undocumented, are adequately protected and safeguarded.

(b) Authority - refers to a document issued by the Secretary of Labor and

(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.
Employment authorizing the officers, personnel, agents or representatives of
a licensed recruitment/manning agency to conduct recruitment and
placement activities in a place stated in the license or in a specified place.

(c) BI - Bureau of Immigration

(g) The State recognizes that the most effective tool for empowerment is the
possession of skills by migrant workers. The government shall expand access
of qualified migrant workers to free skills development and enhancement
programs through scholarships, training subsidies/grants of the concerned (d) Bona fide Non-Government Organizations (NGOs) - refer to non-
agencies. Pursuant to this and as soon as practicable, the government shall government, civil society or faith-based organizations duly recognized by the
deploy and/or allow the deployment only of skilled Filipino workers. Philippine Embassy as active partners of the Philippine Government in the
protection of Filipino migrant workers and the promotion of their welfare.

(h) The State recognizes that non-governmental organizations, trade unions,

workers associations, stakeholders and other similar entities duly recognized (e) CICT - Commission on Information and Communications Technology
as legitimate, are partners of the State in the protection of Filipino migrant
workers and in the promotion of their welfare. The State shall cooperate with
them in a spirit of trust and mutual respect. The significant contribution of
recruitment and manning agencies shall form part of this partnership. (f) Contracted workers - refer to Filipino workers with employment contracts
already processed by the POEA for overseas deployment.
(g) DFA - Department of Foreign Affairs
(h) DILG - Department of Interior and Local Government
(i) Direct Hires - workers directly hired by employers for overseas
employment as authorized by the Secretary of Labor and Employment and
processed by the POEA, including:
1. Those hired by international organizations
2. Those hired members of the diplomatic corps.
3. Name hires or workers who are able to secure overseas employment
opportunity with an employer without the assistance or participation of any
agency. [Labor Code, POEA Rules]
(j) DOH - Department of Health
(k) DOJ - Department of Justice
(l) DOLE - Department of Labor and Employment
(m) DOST - Department of Science and Technology
(n) DOT - Department of Tourism
(o) Employment Contract - refers to the following:
1. For land-based workers hired by private recruitment/employment
agencies - an individual written agreement between the foreign
principal/employer and the worker based on the master employment
contract approved by the Administration; and
2. For seafarers - written standard POEA-approved employment contract
stipulating a specific period of employment and formulated through
tripartite consultation, individually adopted and agreed upon by the
principal/employer and the seafarer.
(p) Filipino Service Contractor - refers to any person, 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.
(q) Gender Sensitivity - refers to cognizance of the inequalities and inequities
prevalent in society between women and men and a commitment to address
issues with concern for the respective interest of the sexes.
(r) Head or manage - refers to any of the following acts:
1. Control and supervise the operations of the recruitment/manning agency (4) Those who have valid but inappropriate visas; or
or branch thereof of which they are employed; or

(5) Those whose employment contracts were not processed by the POEA or
2. Exercise the authority to hire or fire employees and lay down and execute subsequently verified and registered on-site by the POLO, if required by law
management policies of the recruitment/manning agency or branch thereof. or regulation.

(s) Joint and several liability - refers to the liability of the principal/employer (v) Labor Code - Presidential Decree No. 442, as amended
and the recruitment/manning agency, for any and all claims arising out of
the implementation of the employment contract involving Filipino workers
for overseas deployment. If the recruitment/manning agency is a juridical
being, the corporate officers and directors and partners, as the case may be, (w) License - 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, partnership or corporation to operate a
partnership for the aforesaid claims and damages. private recruitment/manning agency.

(t) IC - Insurance Commission (x) LGU - Local Government Unit

(u) Irregular/Undocumented Filipino migrant workers - refer to the (y) Manning Agency - refers to any person, 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.

(1) Those who acquired their passports through fraud or misrepresentation;

(z) NBI- National Bureau of Investigation

(2) Those who possess expired visas or permits to stay;

(aa) NCC- National Computer Center

(3) Those who have no travel document whatsoever;

(bb) NLRC - National Labor Relations Commission


(cc) Non-licensee - refers to any person, partnership or corporation with no
valid license to engage in recruitment and placement of overseas Filipino
workers or whose license is revoked, cancelled, terminated, expired or
otherwise delisted from the roll of licensed recruitment/manning agencies
registered with the POEA.
(dd) NRCO - National Reintegration Center for Overseas Filipino Workers
(ee) NSCB - National Statistical and Coordination Board
(ff) NSO - National Statistics Office
(gg) NTC - National Telecommunications Commission
(hh) Overseas Filipinos - refer to migrant workers, other Filipino nationals
and their dependents abroad.
(ii) Overseas Filipino in distress - refers to an Overseas Filipino who has a
medical, psycho-social or legal assistance problem requiring treatment,
hospitalization, counseling, legal representation as specified in Rule IX of
these Rules or any other kind of intervention with the authorities in the
country where he or she is found.
(jj) Overseas Filipino Worker or Migrant Worker - refers to a person who is to
be engaged, is engaged, or has been engaged in a remunerated activity in a
state of which he or she is not a citizen or on board a vessel navigating the
foreign seas other than a government ship used for military or non-
commercial purposes, or on an installation located offshore or on the high
seas. A "person to be engaged in a remunerated activity" refers to an
applicant worker who has been promised or assured employment overseas.
(kk) OWWA - Overseas Workers Welfare Administration
(ll) Placement Fees- refer to any and all amounts charged by a private
recruitment agency from a worker for its recruitment and placement services
as prescribed by the Secretary of Labor and Employment.
(mm) POEA - Philippine Overseas Employment Administration, shall be
used interchangeably with the term "Administration".
(nn) POLO - Philippine Overseas Labor Office
(oo) Principal - refers to an employer or foreign placement agency hiring or
engaging Filipino workers for overseas employment through a licensed
private recruitment/manning agency.
(pp) Private Recruitment/Employment Agency - refers to any person,
partnership or corporation duly licensed by the Secretary of Labor and
Employment to engage in the recruitment and placement of workers for
overseas employment for a fee which is charged, directly or indirectly, from
the workers who renewed their employment contracts with the same
principal.
(qq) Rehires - refer to land-based workers who renewed their employment
contracts with the same principal.
(rr) Regular/Documented Filipino Migrant Workers - Refer to the following:
(1) Those who possess valid passports and appropriate visas or permits to
stay and work in the receiving country; and
(2) Those whose contracts of employment have been processed by the POEA,
or subsequently verified and registered on-site by the POLO, if required by
law or regulation.
(ss) Seafarer - refers to any person who is employed or engaged in overseas
employment in any capacity on board a ship other than a government ship
used for military or non-commercial purposes. The definition shall include
fishermen, cruise ship personnel and those serving on mobile offshore and
drilling units in the high seas.
(tt) Skilled Filipino Workers - refer to those who have obtained an academic
degree, qualification, or experience, or those who are in possession of an
appropriate level of competence, training and certification, for the job they
are applying, as may be determined by the appropriate government agency.
(uu) TESDA - Technical Education and Skills Development Authority
(vv) Underage Migrant Workers - refers to those who are below 18 years or
below the minimum age requirement for overseas employment as
determined by the Secretary of Labor and Employment.
RULE III
DEPLOYMENT OF MIGRANT WORKERS
Section 1. Guarantees of Migrant Workers Rights. The State shall allow the
deployment of OFWs only in countries where the rights of Filipino migrant
workers are protected. The government recognizes any of the following as a
guarantee on the part of the receiving country for the protection of the rights
of OFWs:
(a) It has existing labor and social laws protecting the rights of workers,
including migrant workers; or
(b) It is a signatory to and/or a of multilateral conventions, declarations or
resolutions relating to the protection of workers including migrant workers;
or and
(c) It has concluded a bilateral agreement or arrangement with the
government on the protection of the rights of overseas Filipino Workers;
Provided, that the receiving country is taking positive and concrete measures
to protect the rights of migrant workers in furtherance of any of the
guarantees under subparagraphs (a), (b), and (c) hereof.
"Positive and concrete measures" shall include legislative or executive Governing Board prohibiting deployment shall be meted the same penalties
initiatives, diplomatic negotiations, judicial decisions, programs, projects, in this section.
activities and such other acts by the receiving country aimed at protecting
the rights of migrant workers.

Section 3. Deployment of OFWs to Ocean-Going Ships.

For purposes of the preceding paragraphs, the DFA shall issue a certification
that a receiving country complies with any of the guarantees under
subparagraphs (a), (b), 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, including foreign seas or to installations located offshore or on high seas whose
migrant workers. The DFA shall issue such certification to the POEA, 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.
labor/social law, or the convention/declaration/resolution, or the bilateral
agreement/arrangement which protect the rights of migrant workers. Such a
certification shall be subject to review by the DFA as often as may be deemed
necessary.
Section 4. Deployment to Companies and Contractors with International
Operations. The State shall likewise allow the deployment of OFWs to
companies and contractors with international operations: Provided, That
they are compliant with standards, conditions and requirements, as
The POEA Governing Board shall, in a Resolution, 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.
DFA as compliant with the above stated guarantees.

Section 5. Deployment of Skilled Workers.

The POEA shall register OFWs only for receiving countries allowed by the
POEA Governing Board, subject to existing standards on accreditation of
foreign employers/principals and qualification requirements for workers.
As soon as adequate mechanisms for determination of skills are in place and
consistent with national interest, the Secretary of Labor and Employment
shall allow the deployment only of skilled Filipino workers.
Section 2. Liability of the Members of the POEA Governing Board,
Government Officials and Employees. 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. Termination or Ban on Deployment.
section shall suffer the penalties of removal or dismissal from service with
disqualification to hold any appointive public office for five (5) years.
Further, the government official or employee responsible for the issuance of
the permit or for allowing the deployment of migrant workers in violation of
this section and in direct contravention of a resolution by the POEA Notwithstanding the provisions of Sections 1 and 5 of this Rule, in pursuit of
the national interest or when public welfare so requires, the POEA
Governing Board, after consultation with the DFA, may, at any time,
terminate or impose a ban on the deployment of migrant workers.
The POEA Governing Board may, after consultation with the DFA, grant
exceptions to the ban or lift the ban.
Section 7. Travel Advisory.
The DFA shall issue travel advisories as the need arises. 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.
Section 8. Labor Situationer. The POEA, in consultation with the DFA, shall
disseminate information on labor and employment conditions, migration
realities and other facts, as well as adherence of particular countries to
international standards on human and workers rights which will adequately
prepare individuals into making informed and intelligent decisions about
overseas employment. The POEA shall publish, in a timely manner, such
advisory in a newspaper of general circulation.
The POEA may undertake other programs or resort to other modes of
information and dissemination campaigns, such as the conduct of
nationwide, comprehensive and sustainable Pre-Employment Orientation
Seminars.
RULE IV
ILLEGAL RECRUITMENT
Section 1. Definition. For purposes of the Act, illegal recruitment shall mean
any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or
procuring workers and includes referring, contract services, promising or
advertising for employment abroad, whether for profit or not, when
undertaken by a non-licensee or non-holder of authority contemplated under
Article 13(f) of Presidential Decree No. 442, as amended, otherwise known as
the Labor Code of the Philippines: Provided, That any such non-licensee or
non-holder who, in any manner, offers or promises for a fee employment
abroad to two or more persons shall be deemed so engaged. It shall likewise
include the following acts, whether committed by any person, whether a
non-licensee, non-holder, licensee or holder of authority:
(a) To charge or accept directly or indirectly any amount greater than that
specified in the schedule of allowable fees prescribed by the Secretary of
Labor and Employment, or to make a worker pay or acknowledge any
amount greater than that actually received by him as a loan or advance;
(b) To furnish or publish any false notice or information or document in
relation to recruitment or employment;
(c) To give any false notice, testimony, information or document or commit
any act of misrepresentation for the purpose of securing a license or
authority under the Labor Code, or for the purpose of documenting hired
workers with the POEA, which include the act of reprocessing workers
through a job order that pertains to non-existent work, work different from
the actual overseas work, or work with a different employer whether
registered or not with the POEA;
(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 person or entity not to employ
any worker who has not applied for employment through his agency or who
has formed, joined or supported, or has contacted or is supported by any
union or workers' organization;
(f) To engage in the recruitment or placement of workers in jobs harmful to
public health or morality or to the dignity of the Republic of the Philippines;
(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, remittance of foreign exchange earnings, separation from jobs,
departures and such other matters or information as may be required by the
Secretary of Labor and Employment;
(i) To substitute or alter to the prejudice of the worker, employment contracts
approved and verified by the Department of Labor and Employment from
the time of actual signing thereof by the parties up to and including the
period of the expiration of the same without the approval of the Department
of Labor and Employment;
(j) For an officer or agent of a recruitment or placement agency to become an
officer or member of the Board of any corporation engaged in travel agency
or to be engaged directly or indirectly in the management of a travel agency;
(k) To withhold or deny travel documents from applicant workers before
departure for monetary or financial considerations, or for any other reasons,
other than those authorized under the Labor Code and its implementing
Rules and Regulations;
(l) Failure to actually deploy a contracted worker without valid reason as
determined by the Department of Labor and Employment;
(m) Failure to reimburse expenses incurred by the worker in connection with
his documentation and processing for purposes of deployment, in cases
where the deployment does not actually take place without the worker's
fault; and
(n) To allow a non-Filipino citizen to head or manage a licensed
recruitment/manning agency.
Section 2. Crime Involving Economic Sabotage. Illegal recruitment is deemed
committed by a syndicate if carried out by a group of three (3) or more
persons conspiring or confederating with one another. It is deemed
committed in large scale if committed against three (3) or more persons
individually or as a group.
Section 3. Other Prohibited Acts. In addition to the acts enumerated above, it
shall also be unlawful for any person or entity to commit the following
prohibited acts:
a. Grant a loan to an OFW with interest exceeding eight (8%) percent per
annum, which will be used for payment of legal and allowable placement
fees and make the migrant worker issue, either personally or through a
guarantor or accommodation party, postdated checks in relation to the said
loan;
b. Impose a compulsory and exclusive arrangement whereby an OFW is
required to avail of a loan only from specifically designated institutions,
entities, or persons;
c. Refuse to condone or renegotiate a loan incurred by an OFW after the
latter's employment contract has been prematurely terminated through no
fault of his / her own;
d. Impose a compulsory an exclusive arrangement whereby an OFW is
required to undergo health examinations only from specifically designated
medical clinics, institutions, entities or persons, except in the case of a
seafarer whose medical examination cost is shouldered by the
principal/shipowner;
e. Impose a compulsory and exclusive arrangement whereby an OFW is
required to undergo training, seminar, instruction or schooling of any kind
only from specifically designated institutions, entities or persons, except for
recommendatory training mandated by principals/shipowners where the
latter shoulder the cost of such trainings;
f. For a suspended recruitment/manning agency to engage in any kind of
recruitment activity including the processing of pending workers'
applications;
g. For a recruitment/manning agency or a foreign principal/employer to
pass-on to the OFW or deduct from his/her salary the payment of the cost of
insurance fees, premium or other insurance related charges, as provided
under the compulsory worker's insurance coverage.
Section 4. Persons Responsible.
The persons criminally liable for the above offenses are the principals,
accomplices and accessories. In case of juridical persons, the officers having
ownership, control, management or direction of their business and the
responsible for the commission of the offense and the responsible
employees/agents thereof shall be liable.
Section 5. Penalties.
(a) Any person found guilty of illegal recruitment shall suffer the penalty of
imprisonment of not less than twelve (12) years and one (1) day but not more
than twenty (20) years and a fine of not less than One million pesos
(P1,000,000.00) nor more than Two Million Pesos (P2,000,000.00).
(b) The penalty of life imprisonment and a fine of not less than Two Million
Pesos (P2,000,000.00) nor more than Five Million Pesos (P5,000,000.00) shall
be imposed if illegal recruitment constitutes economic sabotage as defined
therein.
Provided, however, That the maximum penalty shall be imposed if the
person illegally recruited is less than eighteen (18) years of age or committed
by a non-licensee or non-holder of authority.
(c) Any person found guilty of any of the prohibited acts shall suffer the
penalty of imprisonment of not less than six (6) years and one (1) day but not
more than twelve (12) years and a fine of not less than Five Hundred
Thousand Pesos (P500,000.00) nor more than One million pesos
(P1,000,000.00).
If the offender is an alien, he or she shall, in addition to the penalties herein
prescribed, be deported without further proceedings.
In every case, conviction shall cause and carry the automatic revocation of
the license or registration of the recruitment/manning agency, lending
institutions, training school or medical clinic.
Section 6. Venue. A criminal action arising from illegal recruitment as
defined under this Rule shall be filed with the Regional Trial Court of the
province or city where the offense was committed or where the offended
party actually resides at the time of the commission of the offense; Provided,
that the court where the criminal action is first filed shall acquire jurisdiction
to the exclusion of other courts.
Section 7. Prescription. Illegal recruitment cases under this Rule shall
prescribe in five (5) years; Provided, however, that illegal recruitment cases
involving economic sabotage shall prescribed in twenty (20) years.
Section 8. Independent Action. The filing of an offense punishable under this
section shall be without prejudice to the filing of cases punishable under
other existing laws, rules or regulations.
RULE V
PROHIBITION OF GOVERNMENT PERSONNEL
Section 1. Disqualification. The following personnel shall be prohibited from
engaging directly or indirectly in the business of recruitment of migrant
workers;
(a) Any official or employee of the DOLE, POEA, OWWA, DFA, DOJ, DOH,
BI, IC, NLRC, TESDA, CFO, NBI, Philippine National Police (PNP), Manila
International Airport Authority (MIAA), Civil Aviation Authority of the
Philippines (CAAP), and other government agencies involved in the
implementation of the Act, regardless of the status of his/her employment;
and
(b) Any of his/her relatives within the fourth civil degree of consanguinity or
affinity.
Any government official or employee found to be violating this section shall
be charged administratively, according to Civil Service Rules and
Regulations without prejudice to criminal prosecution.
The government agency concerned shall monitor and initiate, upon its
initiative or upon the petition of any private individual, action against erring
officials and employees, and/or their relatives.
RULE VI
ANTI-ILLEGAL RECRUITMENT PROGRAMS
Section 1. POEA Anti-Illegal Recruitment Programs. The POEA adopts of legal advice, assistance in the preparation of complaints and supporting
policies and procedures, prepares and implements intensified programs documents, institution of criminal actions.

And strategies towards the eradication of illegal recruitment activities such Section 3. Receiving of Complaints for Illegal Recruitment.
as, 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, such as but not limited and under oath for assistance purposes.
to documentation and counseling.

In regions outside the National Capital Region, complaints and reports

(b) Prosecution of illegal recruiters, during preliminary investigation and involving illegal recruitment may be filed with the appropriate regional
during trial in collaboration with the DOJ prosecutors; office of the POEA or DOLE.

(c) Special operations such as surveillance and closure of establishment or Section 4. Endorsement of Case to the Proper Prosecution Office. The POEA,
entities suspected to be engaged in illegal recruitment; and after evaluation and proper determination that sufficient evidence exists for
illegal recruitment and other related cases, shall endorse the case to the
proper Prosecution Office for the conduct of preliminary investigation.

(d) Information and education campaign.

During preliminary investigation, the complainant may avail of legal

assistance or counseling from the POEA.
Whenever necessary, the POEA shall coordinate with other appropriate
entities in the implementation of said programs.

Section 5. Institution of Criminal Action. The Secretary of Labor and

Employment, the POEA Administrator or the DOLE Regional Director, or
Section 2. Legal Assistance. their duly authorized representatives, or any aggrieved person, may initiate
the corresponding criminal action with the appropriate office.

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
Section 6. Affidavits and Testimonies of Operatives. Affidavits and
testimonies of operatives or personnel from the DOLE, POEA and law
enforcement agencies who witnessed the acts constituting the offense shall
be sufficient basis to prosecute the accused.
Section 7. Legal Assistance During Trial. In the prosecution of offenses
punishable under Section 6 of the Act, the Anti-Illegal Recruitment Branch of
the POEA shall collaborate with the public prosecutors of the DOJ and, in
certain cases, allow the POEA lawyers to take the lead in prosecution.
Section 8. Special Allowance for Lawyers of the Prosecution Division. The
POEA lawyers who act as special counsels during preliminary investigation
and/or as collaborating attorneys of the public prosecutors of the DOJ
during court hearings shall be entitled to receive additional allowances in
such amounts as may be determined by the Administrator.
Section 9. Action on the Complaint/Report.
Where the complaint/report alleges that illegal recruitment activities are
ongoing, surveillance shall be undertaken at the premises where the alleged
illegal recruitment activities are conducted. If illegal recruitment activities
are confirmed, the POEA Director of the Licensing and Regulation Office
(LRO) shall recommend to the POEA Administrator the institution of
criminal action and/or the issuance of a closure order or order of preventive
suspension.
Section 10. Surveillance. The POEA and/or designated officials in the DOLE
regional offices may, on their own initiative, conduct surveillance on the
alleged illegal recruitment activities.
Within two (2) days from the termination of surveillance, a report supported
by an affidavit shall be submitted to the Director-LRO or the Regional
Director concerned, as the case may be.
Section 11. Issuance of Closure Order. The POEA Administrator or the
concerned DOLE Regional Director may conduct an ex parte preliminary
examination to determine whether the activities of a non-licensee constitute a
danger to national security and public order or will lead to further
exploitation of job seekers. For this purpose, the POEA Administrator or the
Regional Director concerned or their duly authorized representatives, may
examine personally the complainants and/or their witnesses in the form of
searching questions and answers and shall take their testimony under oath.
The testimony of the complainants and/or witnesses shall be reduced in
writing and signed by them and attested by an authorized officer.
If based on a surveillance report, or preliminary examination of the
complainants, the POEA Administrator or DOLE Regional Director, or their
authorized representative is satisfied that such danger or exploitation exists,
a written order may shall be issued by the POEA Administrator or DOLE
Regional Director, or their authorized representative is satisfied that such
danger or exploitation exists, a written order shall be issued by the POEA
Administrator for the closure of the establishment being used for illegal
recruitment activity.
In case of a business establishment whose license or permit to operate a
business was issued by the local government, the Secretary of Labor and
Employment, the POEA Administrator or the Regional Director concerned
shall likewise recommend to the granting authority the immediate
cancellation/revocation of the license or permit to operate its business.
Section 12. Implementation of Closure Order. A closure order shall be served
upon the offender or the person in charge of the subject establishment. The
closure shall be effected by sealing and padlocking the establishment and
posting of notice of such closure in bold letters at a conspicuous place in the
premises of the establishment. Whenever necessary, the assistance and
support of the appropriate law enforcement agencies may be requested for
this purpose.
Section 13. Report on Implementation. A report on the implementation of the
closure order executed under oath, stating the details of the proceedings
undertaken shall be submitted to the Director-LRO or the Regional Director
concerned, as the case may be, within two (2) days from the date of
implementation.
Section 14. Institution of Criminal Action Upon Closure Order. The POEA
Administrator or the DOLE Regional Director, or their duly authorized
representatives, or any law enforcement agencies or any aggrieved person
may initiate the corresponding criminal action with the appropriate
prosecutor's office.
Section 15. Effect of 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
Derogatory Record and be disqualified/barred from participating in the
overseas employment program of the government.
Section 16. Who May File a Motion to Reopen the Establishment. The motion
to re-open may be filed only by the following:
(a) The owner of the building or his/her duly authorized representative;
(b) The building administrator or his/her duly authorized representative;
(c) Any other person or entity legitimately operating within the premises
closed/padlocked whose operations/activities are distinct from the
recruitment activities of the person/entity subject of the closure order.
Section 17. Grounds for Reopening the Establishment.
(a) That the office is not the subject of the closure order;
(b) That the contract of lease with the owner of the building or the building
administrator has already been cancelled or terminated. The request to re-
open shall be duly supported by an affidavit of undertaking either of the
owner of the building or the building administrator that the same will not be
leased/rented to any other person/entity for recruitment purposes without
the necessary license from the POEA;
(c) That the office is shared by a person/entity not involved in illegal
recruitment activities, whether directly or indirectly; or
(d) Any other analogous ground that the POEA may consider as valid and
meritorious.
Section 18. Motion to Lift a Closure Order. A motion to lift a closure order
which has already been implemented may be entertained only when filed
with the Licensing and Regulation Office (LRO) within ten (10) calendar
days from the date of implementation. The motion shall be verified and shall
clearly state the grounds upon which it is based, attaching supporting
documents. A motion to lift which does not conform to the requirements
herein set forth shall be denied.
Section 19. Who May File Motion to Lift a Closure Order. The verified
motion to lift closure order may be filed only by the person or entity against
whom the closure order was issued and implemented or a duly authorized
representative.
Section 20. Grounds for Lifting A Closure Order. Lifting of the closure order
may be granted on any of the following grounds:
(a) The person/entity is later found out or has proven that it is not involved
in illegal recruitment activities, whether directly or indirectly; or
(b) Any other analogous ground that the POEA may consider as valid and
meritorious.
Lifting of a closure order is without prejudice to the filing of criminal
complaints with the appropriate office against the person alleged to have
conducted illegal recruitment activities.
Section 21. Appeal.
The order of the POEA Administrator denying the motion to lift a closure
order and/or motion to re-open may be appealed to the Secretary of Labor
and Employment within ten (10) days from receipt thereof.
Section 22. Monitoring of Establishments. The POEA shall monitor
establishments that are subject of closure orders.
Where a re-opened office is subsequently confirmed as still being used for
illegal recruitment activities, a new closure order shall be issued which shall
not be subject to a motion to lift.
Section 23. Pre-Employment Orientation Seminar (PEOS). The POEA shall
strengthen its comprehensive Pre-Employment Orientation Program through
the conduct of seminars that will discuss topics such as legal modes of hiring
for overseas employment, rights, responsibilities and obligations of migrant
workers, health issues, prevention and modus operandi of illegal recruitment
and gender sensitivity.
The POEA shall inform migrant workers not only of their rights as workers
but also of their rights as human beings, instruct and guide the workers how
to assert their rights and provide the available mechanism to redress
violation of their rights.
Section 24. Partnership with LGUs, other Government Agencies and NGOs.
The POEA shall maintain and strengthen its partnership with LGUs, 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.
For this purpose, the POEA shall continuously provide the concerned
entities with updated lists of licensed agencies and entities and information
materials such as brochures, pamphlets, posters as well as recent anti-illegal
recruitment laws and regulations for distribution to their respective
constituents.

RULE VII
MONEY CLAIMS
Section 1. Jurisdiction of Labor Arbiters. Notwithstanding any provision of
law to the contrary, the Labor Arbiters of the NLRC shall have the original
and exclusive jurisdiction to hear and decide, within ninety (90) calendar
days after the filing of the compliant, 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.
Section 2. Updates in the Global Services Industry.
Consistent with the mandate in the preceding section, the NLRC shall:
a. Endeavor to update and keep abreast with the developments in the global
services industry; and
b. Participate in international or local conferences involving migration issues
and in relevant overseas missions.
Section 3. Joint and Several Liability. The liability of the principal/employer
and the recruitment/placement agency on any and all claims under this Rule
shall be joint and several. This liability 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 severally 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 of the contract made locally or in a foreign
country.
Section 4. Compromise Agreement. Any compromise, amicable settlement or
voluntary agreement on money claims inclusive of damages under this Rule
shall be paid within thirty (30) days from the approval of the settlement by
the appropriate authority, unless a different period is agreed upon by the
parties and approved by the appropriate authority.
Section 5. Effect of Illegal Termination and/or Deduction. In case of
termination of overseas employment without just, valid or authorized cause
as defined by law or contract, or any unauthorized deduction from the
migrant worker's salary, the worker shall be entitled to the full
reimbursement of his placement fee with interest of twelve per cent (12%)
per annum, plus his salaries for the unexpired portion of his employment
contract or three (3) months for every year of the unexpired term, whichever
is less.
In case of any unauthorized deduction, the worker shall be entitled to the
refund of the deductions made, with interest of twelve per cent (12%) per
annum, from the date the deduction was made.

Section 6. Effect of Final and Executory Judgment. In case of final and
executory judgment against a foreign employer/principal, it shall be
automatically disqualified, without further proceedings, from participating
in the Philippine Overseas Employment Program and from recruiting and
hiring Filipino workers until and unless it fully satisfies the judgment award.
For this purpose, the NLRC or any party in interest shall furnish the POEA a
certified true copy of the sheriff's return indicating the failure to fully satisfy
a final and executory judgment against a foreign employer/principal.
Should the disqualified foreign employer/principal fully satisfy the
judgment award, the NLRC or any party in interest shall furnish the POEA a
certified true copy of the sheriff's return indicating full compliance with the
judgment which may be a basis to lift the disqualification.
Section 7. Voluntary Arbitration. For OFWs with collective bargaining
agreements, the case shall be submitted for voluntary arbitration in
accordance with Articles 261 and 262 of the Labor Code.
RULE VIII
ROLE OF DFA
Section 1. Assistance to Nationals as the Third Pillar of Philippine Foreign
Policy.
Assistance to nationals is the third pillar of the Philippine foreign policy.
Pursuant to the Philippine Foreign Service Act of 1991 and the Migrant
Workers and Overseas Filipino Act, as amended, the DFA is mandated to
formulate and implement policies and programs to promote and protect the
rights and welfare of Filipino migrants, and provide consular and legal
assistance to overseas Filipinos in distress.
Section 2. International, Regional and Bilateral Initiatives to Protect Overseas
Filipino Workers. The DFA shall continue to advocate in international and
regional for the protection and promotion of the rights and welfare of
overseas Filipino workers by taking the lead and/or actively participating in
the crafting of international and regional conventions/declarations/
agreements that protect their rights and promote their welfare.
The DFA, through its foreign service posts, shall endeavor to improve the
conditions of overseas Filipino workers. It shall establish harmonious
working relations with the receiving countries through, among others, the
forging of bilateral agreements/arrangements or other forms of cooperation.
Section 3. One Country-Team Approach. Under the country-team approach,
all officers, representatives and personnel 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 receiving 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.
Section 4. Negotiations of International Agreements. The DFA shall be the
lead agency that shall advise and assist the President in planning,
organizing, directing, coordinating and evaluating the total national effort in
the field of foreign relations pursuant to the Revised Administrative Code
(Executive Order No. 292).
RULE IX
LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS
Section 1. Function and Responsibilities. The Legal Assistant for Migrant
Affairs under the Department of Foreign Affairs shall be primarily
responsible for the provision and over-all coordination of all legal assistance
services to Filipino Migrant Workers as well as Overseas Filipinos in distress.
In the exercise of these primary responsibilities, he/she shall discharge the
following duties and functions:
(a) Issue the guidelines, procedures and criteria for the provision of legal
assistance services to Filipino Migrant Workers;
(b) Establish close linkages with the DOLE, POEA, OWWA and other
government agencies concerned, as well as with non-governmental
organizations assisting migrant workers, to ensure effective coordination in
providing legal assistance to migrant workers;
(c) When necessary, tap the assistance of the Integrated Bar of the Philippines
(IBP), other bar associations, legal experts on labor, migration and human
rights laws, reputable law firms, and other civil society organizations, to
complement government services and resources to provide legal assistance
to migrant workers;
(d) Administer the Legal Assistance Fund for Migrant Workers and to
authorize its disbursement, subject to approved guidelines and procedures,
governing its use, disposition and disbursement;
(e)Keep and maintain an information system for migration as provided in
Section 20 of the Act;
(f) Prepare its budget for inclusion in the Department of foreign Affair's
budget in the annual General Appropriations Act; and
(g) Perform such other functions and undertake other responsibilities as may
be useful, necessary or incidental to the performance of his/her mandate.
Section 2. Qualifications and Authority. The Legal Assistant for Migrant
Workers Affairs shall be headed by a lawyer of proven competence in the
field of law with at least ten (10) years experience as a legal practitioner and
who must not have been a candidate to an elective office in the last local or
national elections. He/she shall be appointed by the President of the
Philippines. He/she shall have the title, rank, salary, and privileges of an
Undersecretary of Foreign Affairs, and shall head the Office of the
Undersecretary for Migrant Workers' Affairs (OUMWA) of the Department
of Foreign Affairs.
He/she shall have authority to hire private lawyers, domestic or foreign, in
order to assist him/her in the effective discharge of the functions of his/her
Office.
Section 3. Legal Assistance Fund. The Legal Assistance Fund created under and whenever applicable, to other overseas Filipinos, 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.
Workers and Overseas Filipinos in distress in accordance with approved
guidelines, criteria and procedures of the DFA.

Section 2. POLO Functions. The DOLE overseas operating arm shall be the
POLO, which shall have the following functions and responsibilities:
It shall be used inter alia for the following specific purposes:

(a) In the absence of a counsel de oficio or court-appointed lawyer, payment
of attorney's fees to foreign lawyers for their services in representing migrant
workers facing criminal and labor cases abroad, or in filing cases against
erring or abusive employers abroad, provided, that no amount shall be
disbursed for the appeal of cases except when the penalty meted is life
imprisonment or death or under meritorious circumstances as determined by
the Undersecretary for Migrant Workers Affairs;
a. Ensure the promotion and protection of the welfare and interests of OFWs
and assist them in all problems arising out of employer-employee
relationships;
b. Coordinate the DOLE's employment promotion mandate, consistent with
the principles of the Act;

(b) Bail bonds to secure the temporary release of workers under detention c. Verify employment contracts and other employment-related documents;
upon the recommendation of the lawyer and the foreign service post
concerned; and

d. 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, charges and other reasonable litigation expenses when so OFWs in particular and Philippine labor policies, in general;
recommended by their lawyers.

e. Supervise and coordinate the operations of the Migrant Workers and

RULE X Other Overseas Filipinos Resource Center; and

ROLE OF DOLE

f. Such other functions and responsibilities as may be assigned by the

Secretary of Labor and Employment.
Section 1. On-Site Protection. The DOLE shall see to it that labor and social
welfare laws in the foreign countries are fairly applied to migrant workers
A. POEA

Section 3. Regulation of Private Sector. The POEA 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, a system for promoting and monitoring the overseas employment
of Filipino workers taking into consideration their welfare and the domestic
manpower requirements. It shall be responsible for the regulation and
management of overseas employment from the pre-employment stage,
securing the best possible employment terms and conditions for overseas
Filipino workers, and taking into consideration the needs of vulnerable
sectors and the peculiarities of sea-based and land-based workers.
(a) all cases which are administrative in character, involving or arising out of
violations of Rules and Regulations relating to licensing and registration,
including refund of fees collected from the workers and violation of the
conditions for issuance of license to recruit workers; (Based on jurisdictional
areas under the POEA Charter or E.O. 247, as amended.)
(b) disciplinary action cases and other special cases, which are administrative
in character, involving employers, principals, contracting partners and OFWs
processed by the POEA.

Section 7. Venue.

Section 4. Hiring through the POEA. The Administration shall recruit and
place workers primarily on government-to-government arrangements. 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, and such other employers as public interests may require, where the complainant applied or was recruited, at the option of the
the Administration shall deploy only to countries where the Philippines has complainant. The office where the complaint was first filed shall take
concluded bilateral agreements or arrangements: Provided that such cognizance of the case.
countries shall guarantee to protect the rights of Filipino migrant workers;
and provided further that such countries shall observe and/or comply with
the international laws and standards for migrant workers.

Disciplinary action cases and other special cases shall be filed with the POEA
Adjudication Office.

Section 5. Foreign Employers Guarantee Fund. For migrant workers

recruited by the POEA on a government to government arrangement, the
POEA shall, through relevant guidelines, establish and administer a Foreign
Employers Guarantee Fund which shall be answerable for the workers'
monetary claims arising from breach of contractual obligations.
Section 8. Who may file. Any aggrieved person may file a complaint in
writing and under oath for violation of the Labor Code and the POEA Rules
and Regulations and other issuances.

Section 6. Jurisdiction of the POEA. The POEA shall exercise original and
exclusive jurisdiction to hear and decide:
For this purpose, 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.
However, the Administration, on its own initiative, may conduct
proceedings based on reports of violations or any of the grounds for
disciplinary actions provided in the POEA Rules and Regulations and other
issuances on overseas employment, subject to preliminary evaluation.
Section 9. Prescriptive Period. All pre-employment/recruitment violation
and disciplinary action cases shall be barred if not commenced or filed with
the Administration within three (3) years after such cause of action accrued.
Section 10. Imposition of Administrative Penalty. For pre-
employment/recruitment violation cases, the Administrator, in the exercise
of adjudicatory power, may impose the penalty of reprimand, suspension, or
cancellation or revocation of license.
Where the penalty of suspension is imposed, the Administrator may impose
disqualification from the overseas employment program. For disciplinary
action cases against workers, the Administrator may likewise impose
suspension or disqualification.
Section 11. Appeal.
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.
B. OWWA
Section 12. Programs and Services. The OWWA shall continue to formulate
and implement welfare programs for overseas Filipino workers and their
families in all phases of overseas employment. It shall also ensure the
awareness by the OFWs and their families of these programs and other
related government programs.
Section 13. Assistance in the Enforcement of Contractual Obligations. In the
implementation of OWWA welfare programs and services and in line with
the One-Country Team Approach for on-site services, the Welfare Officer or
in his/her absence, the coordinating officer shall:
1. Provide the Filipino migrant worker and his/her family all the assistance
they may need in the enforcement of contractual obligations by agencies or
entities and/or by their principals; and
2. Make representation and may call on the agencies or entities concerned to
conferences or conciliation meetings for the purpose of settling the
complaints or problems brought to his/her attention. If there is no final
settlement at the jobsite and the worker is repatriated back to the Philippines,
conciliation may continue at the OWWA Central Office, or in any OWWA
Regional Welfare Office.
C. NRCO
Section 14. Establishment of the National Reintegration Center for OFWs. (b) Coordinate with appropriate stakeholders, service providers and relevant
The NRCO is hereby created in the Department of Labor and Employment international organizations for the promotion, development and the full
for returning Filipino migrant workers, which shall provide the mechanism utilization of overseas Filipino worker returnees and their potentials;
of their reintegration into Philippine society, serve as a promotion house for
their local employment, and tap their skills and potentials for national
development.
(c) Institute, in cooperation with other government agencies concerned, a
computer-based information system on returning Filipino migrant workers
which shall be accessible to all local recruitment agencies and employers,
The NRCO shall, in coordination with appropriate government and non- both public and private;
government agencies, serve as a One-Stop Center that shall address the
multi-faceted needs of OFW-returnees and their families.

(d) Provide a periodic study and assessment of job opportunities for

returning Filipino migrant workers;
For this purpose, TESDA, the Technology Resource Center (TRC), and other
government agencies involved in training and livelihood development shall
give priority to household service workers and entertainers.
(e) Develop and implement other appropriate programs to promote the
welfare of returning Filipino migrant workers;

The NRCO shall be attached to the Office of the Administrator of OWWA for
supervision and policy guidance.
(f) Maintain an internet-based communication system for on-line registration
of returning OFWs and interaction with clients, and maintain and upgrade
computer-based service capabilities of the NRCO;
Section 15. Functions of the NRCO.

(g) Develop capacity-building programs for returning overseas Filipino

The NRCO shall undertake the following: workers and their families, implementers, service providers, and
stakeholders;

(a) Develop and support programs and projects for livelihood,

entrepreneurship, savings, 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; and
stakeholders, service providers and international organizations;
(i) Undertake other programs and activities as may be determined by the Section 18. Services. The Migrant Workers and other Overseas Filipinos
Secretary of Labor and Employment. Resource Center shall provide the following services:

Section 16. Formulation of Program. The DOLE, OWWA, TESDA, and POEA a. Counseling and legal services;
shall, within sixty (60) days from effectivity of these Rules, 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 b. Welfare assistance including the procurement of medical and
of savings. hospitalization services;

D. Migrant Workers and Other Overseas Filipinos Resource Center c. Information, advisory programs to promote social integration such as post-
arrival orientation, settlement and community networking services and
activities for social interaction;

Section 17. Establishment of Migrant Workers and other Overseas Filipino

Resource Center.
d. Registration of irregular/undocumented workers to bring them within the
purview of the Act;

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. It shall be e. Implementation of DOLE and OWWA Programs;
established within the premises of the Philippine Embassy or the Consulate
and be under the administrative jurisdiction of the Philippine
Embassy.1avvphi1
f. Human resource development, such as training and skills upgrading;

When the Migrant Workers and other Overseas Filipinos Resource Center is
established outside the premises of the Embassy or Consulate, the
g. Gender-sensitive programs and activities to assist particular needs of
Department of Foreign Affairs shall exert its best effort to secure appropriate
migrant workers;
recognition from the receiving government in accordance with applicable
laws and practices.

h. Orientation program for returning workers and other migrants;

i. Monitoring of the daily situation, circumstances and activities affecting
migrant workers and other overseas Filipinos;
j. Ensuring that labor and social welfare laws in the receiving country are
fairly applied to migrant workers and other overseas Filipinos; and
k. Conciliation of disputes arising from employer-employee relationship, in
accordance with this Rule.
Section 19. Personnel. Each Migrant Workers and Other Overseas Filipinos
Resource Center shall be staffed by Foreign Service personnel, a Labor
Attach and other service attachs or officers who represent Philippine
government agencies abroad.
The following personnel may be assigned to the Center:
a. Psychologists, Social Workers, and a Shari'a or Human Rights Lawyer, in
highly problematic countries as categorized by the DFA and DOLE and
where there is a concentration of Filipino migrant workers;
b. Individual volunteers and representatives from bona fide non-government
organizations from the receiving countries, if available and necessary as
determined by the Labor Attach in consultation with the Chief of Mission;
c. Public Relations Officer or Case Officer conversant, orally and in writing,
with the local language, laws, customs and practices; and/or
d. Legal Officers (POEA/NLRC/DOLE) and such other professionals
deemed necessary by the Secretary of Labor and Employment.
Section 20. Administration of the Center. The POLO through the Labor
Attach shall supervise and coordinate the operations of the Migrant
Workers and other Overseas Filipinos Resource Center and shall keep the
Chief of Mission informed and updated on all matters affecting it at least
quarterly through a written report addressed to the Chief of Mission.
Section 21. Round-the Clock Operations. The Migrant Workers and other
Overseas Filipino Resource Center shall operate on a 24-hour basis including
Saturdays, Sundays and holidays. A counterpart 24-hour Information and
Assistance Center to ensure a continuous network and coordinative
mechanism shall be established at the DFA and the DOLE/OWWA.
Section 22. Budget. The establishment, yearly maintenance and operating
costs of the Migrant Workers and other Overseas Filipinos Resource Centers,
including the costs of services and programs not specially funded under the
Act, shall be sourced from the General Appropriations Act (GAA) and shall
be included in the annual budget of the DOLE.
However, the salaries and allowances of overseas personnel shall be sourced
from the respective agencies' budgets.
RULE XI
ROLE OF DOH
Section 1. Regulation of Medical Clinics. The Department of Health (DOH)
shall regulate the activities and operations of all clinics which conduct
medical, physical, optical, dental, psychological and other similar
examinations, hereinafter referred to as health examinations, on Filipino
migrant workers as requirement for their overseas employment. Pre-
Employment Medical Examinations (PEME) for overseas work applicants
shall be performed only in DOH-accredited medical clinics and health
facilities utilizing the standards set forth by DOH. Pursuant to this, the DOH
shall ensure that:
(a) The fees for the health examinations are regulated, regularly monitored
and duly published to ensure that the said fees are reasonable and not
exorbitant. The DOH shall set a minimum and maximum range of fees for
the different examinations to be conducted, based on a thorough and
periodic review of the cost of health examinations and after consultation
with concerned stakeholders. The applicant-worker shall pay directly to the
DOH-accredited medical clinics or health facilities where the PEME is to be
conducted.
(b) The Filipino migrant workers shall only be required to undergo health
examinations when there is reasonable certainly by the hiring
recruitment/manning agency pursuant to POEA Rules and Regulations that
he/she will be hired and deployed to the jobsite and only those health
examinations which are absolutely necessary for the type of job applied for
those specifically required by the foreign employer shall be conducted;
(c) No groups of medical clinics shall have a monopoly of exclusively
conducting health examinations on migrant workers for certain receiving
countries;
(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. The
decking practice, which requires overseas Filipino workers to go first to an
office for registration and then farmed out to a medical clinic located
elsewhere, shall not be allowed;
(e) Within a period of three (3) years from the effectivity of the Act, all DOH
regional and/or provincial hospitals under local government units shall
establish and operate clinics that can serve the health examination
requirements of Filipino migrant workers to provide them easy access to
such clinics all over the country and lessen their transportation and lodging
expenses; and
(f) All DOH-accredited medical clinics, including the DOH-operated clinics,
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.
Section 2. Temporary Disqualification of Foreign Employers. Any foreign
employer who does not honor the results of valid health examinations
conducted by a DOH-accredited or DOH-operated clinic shall be temporarily
disqualified from participating in the overseas employment program,
pursuant to POEA Rules and Regulations. The temporary disqualification of
the employer may be lifted only upon the latter's unqualified acceptance of
the result of the examination.
Section 3. Liability of Medical Clinic or Health Facility. In case an OFW is
found to be not medically fit within fifteen (15) days upon his/her arrival in
the country of destination, 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.
Any DOH-accredited clinic which violates any provisions of this section
shall, in addition to any other liability it may have incurred, suffer the
penalty of revocation of its DOH-accredited if after investigation, the medical
reason for repatriation could have been detected at the time of examination
using the DOH PEME package as required by the employer/principal or the
receiving country.
Section 4. Liability of Government Personnel for Nonfeasance and
Malfeasance of their Duties under the Act.
Any government official or employee who violates any provision of this Rule
shall be removed or dismissed from service with disqualification to hold any
appointive public office for five (5) years. Such penalty is without prejudice
to any other liability which he/she may have incurred under existing laws,
rules or regulations.
Section 5. Issuance of Guidelines.
Within sixty (60) days from effectivity of these Rules, the DOH shall issue the
pertinent guidelines to implement the provisions of this Rule.
RULE XII
ROLE OF LGUs
Section 1. Role in Anti-Illegal Recruitment and the Overseas Employment
Program. In the fight against illegal recruitment, the local government units
(LGUs) and the Department of the Interior and Local Government (DILG), in
partnership with the POEA, other concerned government agencies, and non-
government organizations advocating the rights and welfare of OFWs, shall
take a proactive stance by being primarily responsible for the dissemination
of information to their constituents on all aspects of overseas employment.
To carry out this task, the following shall be undertaken by the LGUs:
a. Launch an aggressive campaign against illegal recruitment. They shall
provide legal assistance to victims of illegal recruitment and, when
necessary, coordinate with appropriate government agencies regarding the
arrest and/or prosecution of illegal recruiters. They shall report any illegal
recruitment activity to the POEA for appropriate action.
b. Provide a venue for the POEA, other government agencies, NGOs, and
trained LGU personnel to conduct Pre-Employment Orientation Seminars
(PEOS) to their constituents on a regular basis.
c. Establish OFW help desks or kiosks in their localities with the objective of
providing current information to their constituents on all the processes and
aspects of overseas employment. Such desks or kiosks shall, as far as
practicable, be fully computerized and shall be linked to the database of all
concerned government agencies, particularly the POEA for its updated lists
of overseas job orders and licensed agencies in good standing.
d. Establish and maintain a database pertaining to a master list of OFWs
residing in their respective localities, classified according to occupation, job
category, civil status, gender, by country or state of destination, including
visa classification, name, address, and contact number of the employer.
RULE XIII
REPATRIATION OF WORKERS
Section 1. Primary Responsibility for Repatriation.
The repatriation of the worker or his/her remains, and the transport of
his/her personal effects shall be the primary responsibility of the principal,
employer or agency that recruited or deployed him/her abroad. All costs
attendant thereto shall be borne by the principal, employer or the agency
concerned.
Section 2. Obligation to Advance Repatriation Costs.
Notwithstanding the provisions of Section 37-A of the Act, the primary
responsibility to repatriate entails the obligation on the part of the principal
or agency to advance the repatriation and other attendant costs, including
plane fare, deployment cost of the principal, and immigration fines and
penalties, 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. However, after the worker has returned to the country, the
principal or agency may recover the cost of repatriation from the worker if
the termination of employment was due solely to his/her fault.
In countries where there is a need to secure an exit visa for the worker's
repatriation, the principal or employer shall be primarily responsible for
securing the visa at no cost to the worker. The agency shall coordinate with
the principal or employer in securing the visa.
Every contract for overseas employment shall provide for the primary
responsibility of the principal or employer and agency to advance the cost of
plane fare, and the obligation of the worker to refund the cost thereof in case
his/her fault is determined by the Labor Arbiter.
Section 3 Repatriation Procedure.
When a need for repatriation arises and the foreign employer fails to provide
for its cost, the POLO or responsible personnel on-site shall simultaneously
notify OWWA and the POEA of such need. The POEA shall issue a notice
requiring the agency concerned to provide, within 48 hours from such notice,
the plane ticket or the prepaid ticket advice (PTA) to the POLO or Philippine
Embassy. The agency shall notify the POEA of such compliance, which shall
then inform OWWA of the action of the agency.
In case there is a need to secure an exit visa for the repatriation of the worker,
the employer or principal shall have fifteen (15) days from notice to secure
such an exit visa. Moreover, any agency involved in the worker's
recruitment, processing, and/or deployment shall also coordinate with the
principal or employer in securing the visa.
Section 4. Action on Non-Compliance.
If the employment agency fails to provide the ticket or PTA within 48 hours
from receipt of the notice, the POEA shall suspend the documentary
processing of the agency or impose such sanctions as it may deem necessary.
Upon notice from the POEA, OWWA shall advance the costs of repatriation
with recourse to the agency or principal. The administrative sanction shall
not be lifted until the agency reimburses the OWWA of the cost of
repatriation with legal interest.
If the principal or employer and/or agency fail to secure the exit visa within
a period of fifteen (15) days from receipt of the POEA notice, the POEA shall
suspend the employer or principal from participating in the overseas
employment program, and may impose suspension of documentary
processing on the agency, if warranted.
Section 5. Emergency Repatriation.
The OWWA, in coordination with DFA, and in appropriate situations, with
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 within sixty (60) days from notice. In such case, the
POEA shall simultaneously identify and give notice to the agencies
concerned.
Section 6. Mandatory Repatriation of Underage Migrant Workers. Upon
discovery or upon 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 DFA through the fastest means
of communication available of such discovery and other relevant
information.
In addition to requiring the recruitment/manning agency to pay or
reimburse the costs of repatriation, the POEA shall cancel the license of the
recruitment/manning agency that deployed an underage migrant worker
after notice and hearing and shall impose a fine of not less than five hundred
thousand pesos (Php500.000.00) but not more than One million pesos
(Php1,000,000.00). The POEA shall also order the recruitment/manning
agency to refund all fees pertinent to the processing of papers or documents
in the deployment, to the underage migrant worker or to his parents or
guardian in a summary proceeding conducted.
The refund shall be independent of and in addition to the indemnification for
the damages sustained by the underage migrant worker. 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.
Section 7. Other Cases of Repatriation.
In all cases where the principal or agency of the worker cannot be identified,
cannot be located or had ceased operations, and the worker is in need and
without means, the OWWA personnel at the jobsite, in coordination with the
DFA, shall cause the repatriation in appropriate cases. All costs attendant to
repatriation borne by the OWWA may be charged to the Emergency
Repatriation Fund provided in the Act, without prejudice to the OWWA
requiring the agency/employer/insurer or the worker to reimburse the cost
of repatriation.
Section 8. Emergency Repatriation Fund.
When repatriation becomes immediate and necessary, the OWWA shall
advance the needed costs from the Emergency Repatriation Fund without
prejudice to reimbursement by the deploying agency and/or principal, or
the worker in appropriate cases. Simultaneously, the POEA shall ask the
concerned agency to work towards reimbursement of costs advanced by the
OWWA. In cases where the cost of repatriation shall exceed One Hundred
Million (P100,000,000.00) Pesos, the OWWA shall make representation with
the Office of the President for immediate funding in excess of said amount.
Section 9. Prohibition on Bonds and Deposits.
In no case shall a private recruitment/manning agency require any bond or
cash deposit from the worker to guarantee performance under the contract
or his/her repatriation.
RULE XIV

SHARED GOVERNMENT INFORMATION SYSTEM FOR MIGRATION i) Commission on Filipinos Overseas;

Section 1. Composition. An Inter-Agency Committee shall be established to j) Bureau of Immigration;

implement a shared government information system for migration. The
Inter-Agency Committee shall be composed of the following agencies:

k) National Bureau of Investigation;

a) Department of Foreign Affairs:

l) National Telecommunications Commission;

b) Department of Labor and Employment and concerned attached agencies;

m) Commission on Information and Communications Technology;

c) Department of Justice;

n) National Computer Center;

d) Department of the Interior and Local Government;

o) National Statistical and Coordination Board;

e) Department of Health and concerned attached agencies;

p) National Statistics Office;

f) Department of Social Welfare and Development;

q) Home Development Mutual Fund; and

g) Department of Tourism;

r) Other government agencies concerned with overseas employment.

h) Insurance Commission;
Section 2. Availability, Accessibility and Linkaging of Computer Systems. d) Statistical profile on Filipino migrant workers/overseas Filipinos/
Initially, the Inter-Agency Committee shall make available to itself the tourists;
information contained in existing data bases/files of its member agencies.
The second phase shall involve linkaging of computer facilities systems in
order to allow the free-flow data exchanges and sharing among concerned
agencies. e) Blacklisted foreigners/undesirable aliens;

Section 3. Chair and Technical Assistance. The Inter-Agency Committee shall
be co-chaired by the Department of Foreign Affairs and the Department of
Labor and Employment. The National Computer Center shall provide the
necessary technical assistance and shall set the appropriate information and
communications technology standards to facilitate the sharing of information
among the member agencies.
f) Basic data on legal systems, immigration policies, marriage laws and civil
and criminal codes in receiving countries particularly those with large
numbers of Filipinos;
g) List of labor and other human rights instruments where receiving
countries are signatories;

Section 4. Declassification and Sharing of Existing Information. The Inter-

Agency Committee shall convene to identify existing databases, which shall
be declassified and shared among member agencies. These shared databases
h) A tracking system of past and present gender desegregated cases
shall initially include, but not be limited to, the following information:
involving male and female migrant workers, including minors; and

a) Master lists of Filipino migrant workers/overseas Filipinos classified

i) List of overseas posts, which may render assistance to overseas Filipinos in
according to occupation/job category, civil status, by country/state of
general, and migrant workers, in particular.
destination including visa classification;

j) List of licensed recruiters and recruitment agencies;

b) Inventory of pending legal cases involving Filipino migrant workers and
other Filipino migrant workers and other Filipino nationals, including those
serving prison terms;

k) List of accredited foreign employers;

c) Master list of departing/arriving Filipinos;

l) List of recruiters and recruitment agencies with decided/pending A secretariat, which shall provide administrative and support services to the
criminal/civil/administrative cases, and their dispositions; and Inter-Agency Committee shall be based in the DFA.

m) Such other information as may be deemed necessary by the Inter-Agency
Committee.
The Inter-Agency Committee shall establish policies, guidelines, and
procedures in implementing this Rule, including declassification of
information.
Section 8. Funds. The Philippine Charity Sweepstakes Office shall allocate an
initial amount of P10 Million to carry out the provisions of this Rule.
Thereafter, 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. 10022.
The E-Government Fund may be tapped for purposes of fund sourcing by
the Inter-Agency Committee.

Section 5. Confidentiality of Information. Information and data acquired

through this shared information system shall be treated as confidential and
shall only be used for official and lawful purposes, related to the usual RULE XV
functions of the Inter-Agency Committee members, and for purposes
envisioned by the Act. MIGRANT WORKERS LOAN GUARANTEE FUND

Section 6. Regular Meetings. The Inter-Agency Committee shall meet Section 1. Definitions.
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. The progress of the implementation shall be
included in the report of the DFA and the DOLE under Section 33 of the Act. (a) Pre-Departure Loans - 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, airplane fare,
subsistence allowance, cost of clothing and pocket money.
The Inter-Agency Committee shall convene thirty (30) days from effectivity
of these Rules to prioritize the discussion of the following, inter alia: data to
be shared, frequency of reporting, and timeless and availability of data.
(b) Family Assistance Loans - refer to loans granted to currently employed
migrant workers or their eligible dependents/families in the Philippines to
tide them over during emergency situations.
Section 7. Secretariat.
(c) Guarantee Agreement - refers to a contract between the participating
financial institution and OWWA whereby the latter pledges to pay a loan
obtained by a migrant worker from the former in case the worker defaults.
(d) GFIs - refer to government financial institutions.
Section 2. Loan Guarantee Fund.
The Migrant Workers Loan Guarantee Fund is hereby established:
(a) to prevent any recruiter from taking advantage of workers seeking
employment abroad by expanding the grant of Pre-Departure and Family
Assistance Loans to covered migrant workers;
(b) to establish and operate a guarantee system in order to provide guarantee
cover on the pre-departure and family assistance loans of migrant workers
who lack or have insufficient collateral or securities; and
(c) to ensure the participation of GFIs in extending loan assistance to needy
migrant workers who are to be engaged or is engaged for a remunerated
activity abroad.
Section 3. Coverage and Scope.
All departing migrant workers who need financial assistance to pay or
satisfy their pre-departure expenses may avail of the Pre-Departure Loans.
Currently employed migrant workers or their eligible dependents who need
emergency financing assistance may avail of the Family Assistance Loan.
Section 4. Administration of the Fund.
Pursuant to Sec. 21 of the Act, the amount of One Hundred Million pesos
(P100,000,000.00) from the Capital Funds of OWWA shall constitute the
Migrant Workers Loan Guarantee Fund. The Fund, which shall be
administered by the OWWA, shall be used exclusively to guarantee the
repayment of Pre-Departure and Family Assistance Loans granted by
participating GFIs.
All existing revolving funds earmarked for the Pre-Departure and Family
Assistance Loans shall revert back to the OWWA Capital Fund.
Section 5. Financing Scheme.
The OWWA shall initiate arrangements with GFIs to implement mutually
agreed financing schemes, that will expand the Pre-Departure and Family
Assistance Loans.
Section 6. Guarantee Agreement.
No loan shall be considered covered by a guarantee unless a Guarantee
Agreement has been prepared and approved by both the participating
financial institution and the OWWA.
RULE XVI
COMPULSORY INSURANCE COVERAGE
FOR AGENCY-HIRED WORKERS
Section 1. Migrant Workers Covered. In addition to the performance bond to
be filed by the recruitment/manning agency under Section 10 of the Act,
each migrant worker deployed by a recruitment/manning agency shall be
covered by a compulsory insurance policy which shall be secured at no cost
to the said worker.
Section 2. Policy Coverage.
Such insurance policy shall be effective for the duration of the migrant
worker's employment contract and shall cover, at the minimum:
(a) Accidental death, with at least Fifteen Thousand United States Dollars
(US$ 15,000.00) survivor's benefit payable to the migrant worker's
beneficiaries;
(b) Natural death, with at least Ten Thousand United States Dollars (US$
10,000.00) survivor's benefit payable to the migrant worker's beneficiaries;
(c) Permanent total disablement, with at least Seven Thousand Five Hundred
United States Dollars (US$7,500) disability benefit payable to the migrant
worker. The following disabilities shall be deemed permanent: total,
complete loss of sight of both eyes; loss of two limbs at or above the ankles or
wrists; permanent complete paralysis of two limbs; brain injury resulting to
incurable imbecility or insanity;
(d) Repatriation cost of the worker when his/her employment is terminated
by the employer without any valid cause, or by the employee with just cause,
including the transport of his/her personal belongings. In case of death, the
insurance provider shall arrange and pay for the repatriation or return of the
worker's remains. The insurance provider shall also render any assistance
necessary in the transport, including but not limited to, locating a local and
licensed funeral home, mortuary or direct disposition facility to prepare the
body for transport, completing all documentation, obtaining legal clearances,
procuring consular services, providing death certificates, purchasing the
minimally necessary casket or air transport container, as well as transporting
the remains including retrieval from site of death and delivery to the
receiving funeral home. This provision shall be without prejudice to the
provisions of Rule XIII of these Rules and Regulations.
(e) Subsistence allowance benefit, with at least One Hundred United States
Dollars (US$100) per month for a maximum of six (6) months for a migrant
worker who is involved in a case or litigation for the protection of his/her
rights in the receiving country.
(f) Money claims arising from employer's liability which may be awarded or
given to the worker in a judgment or settlement of his/her case in the NLRC.
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;
(g) Compassionate visit. When a migrant worker is hospitalized and has
been confined for at least seven (7) consecutive days, he shall be entitled to a
compassionate visit by one (1) family member or a requested individual. The
insurance company shall pay for the transportation cost of the family
member or requested individual to the major airport closest to the place of
hospitalization of the worker. It is, however, the responsibility of the family
member or requested individual to meet all visa and travel document
requirements;
(h) Medical evacuation. When an adequate medical facility is not available
proximate to the migrant worker, as determined by the insurance company's
physician and a consulting physician, evacuation under appropriate medical
supervision by the mode of transport necessary shall be undertaken by the
insurance provider; and
(i) Medical repatriation. When medically necessary as determined by the
attending physician, repatriation under medical supervision to the migrant
worker's residence shall be undertaken by the insurance provider at such
time that the migrant worker is medically cleared for travel by commercial
carrier. If the period to receive medical clearance to travel exceeds fourteen
(14) days from the date of discharge from the hospital, an alternative
appropriate mode of transportation, such as air ambulance, may be
arranged. Medical and non-medical escorts may be provided when
necessary. This provision shall be without prejudice to the provisions of Rule
XIII of these Rules and Regulations.
Section 3. Duty to Disclose and Assist. It shall be the duty of the
recruitment/manning agency, in collaboration with the insurance provider,
to sufficiently explain to the migrant worker, before his/her departure, and
to at least one of his/her beneficiaries the terms and benefits of the insurance
coverage, including the claims procedure.
Also, in filing a claim with the insurance provider, it shall be the duty of the
recruitment/manning agency to assist the migrant worker and/or the
beneficiary and to ensure that all information and documents in the custody
of the agency necessary for the claim must be readily accessible to the
claimant.
Section 4. Qualification of Insurance Companies. Only reputable private
insurance companies duly registered with the (IC), which are in existence
and operational for at least five (5) years, with a net worth of at least Five
Hundred Million Pesos (Php500,000,000.00) to be determined by the IC, and
with a current year certificate of authority shall be qualified to provide for
the worker's insurance coverage. Insurance companies who have directors,
partners, officers, employees or agents with relatives, within the fourth civil
degree of consanguinity or affinity, 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. It shall be the duty of the
said directors, partners, officers, employees or agents to disclose any such
interest to the IC and POEA.
Section 5. Requirement for Issuance of OEC. 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.
After procuring such insurance policy, the recruitment/manning agency
shall provide an authenticated copy thereof to the migrant worker. It shall
then submit the certificate of insurance coverage of the migrant worker to
POEA as a requirement for the issuance of Overseas Employment Certificate
(OEC) to the migrant worker. In the case of seafarers who are insured under
policies issued by foreign insurance companies, the POEA shall accept
certificates or other proofs of cover from recruitment/manning agencies:
Provided, that the minimum coverage under sub-paragraphs (a) to (i) are
included therein. For this purpose, foreign insurance companies shall include
entities providing indemnity cover to the vessel.
Section 6. Notice of Claim. Any person having a claim upon the policy issued
pursuant to subparagraphs (a), (b), (c), (d) and (e) of Section 2 of this Rule
shall present to the insurance company concerned a written notice of claim
together with pertinent supporting documents. The insurance company shall
forthwith ascertain the truth and extent of the claim and make payment
within ten (10) days from the filing of the notice of claim.
Section 7. Documentary Requirements for Accidental or Natural Death or
Disablement Claims. Any claim arising from accidental death, natural death
or permanent total disablement under Section 2 (a), (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, duly authenticated by the
Philippine foreign posts, shall be sufficient evidence to substantiate the
claim:
(1) Death Certificate - in case of natural or accidental death;
(2) Police or Accident Report - in case of accidental death; and
(3) Medical Certificate - in case of permanent disablement.
In case of a seafarer, the amounts provided in Section 2 (a), (b), or (c), as the
case may be shall, within ten (10) days from submission of the above-stated
documents, be paid by the foreign insurance company through its Philippine
representative to the seafarer/beneficiary without any contest and without
any necessity of proving fault or negligence on the part of the seafarer. Such
amount received by the seafarer/beneficiary may be entitled to under the
provisions of the POEA-Standard Employment Contract or collective
bargaining agreement (CBA). Any claim in excess of the amount paid
pursuant to the no contest, no fault or negligence provision of this section
shall be determined in accordance with the POEA-SEC or CBA.
Section 8. Documentary Requirement for Repatriation Claim. For
repatriation under subparagraph (d) of Section 2 of this Rule , a certification
which states the reason/s for the termination of the migrant worker's
employment and the need for his/her repatriation shall be issued by the
Philippine foreign post or the Philippine Overseas Labor Office (POLO)
located in the receiving country. Such certification shall be solely for the
purpose of complying with this section.
Section 9. Documentary Requirements for Subsistence Allowance Benefit
Claim. For subsistence allowance benefit under sub-paragraph (e) of Section
2 of this Rule, the concerned Labor Attach or, in his absence, the embassy or
consular official shall issue a certification which states the name of the case,
the names of the parties and the nature of the cause of action of the migrant
worker.
Section 10. Settlement of Money Claims. For the payment of money claims
under sub-paragraph (f) of Section 2 of this Rule, the following rules shall
govern:
(1) After a decision has become final and executory or a
settlement/compromise agreement has been reached between the parties at
the NLRC, the Labor Arbiter shall, motu proprio or upon motion, and
following the conduct of pre-execution conference, issue a writ of execution
mandating the respondent recruitment/manning agency to pay the amount
adjudged or agreed upon within thirty (30) days from receipt thereof;
(2) The recruitment/manning agency shall then immediately file a notice of
claim with its insurance provider for the amount of liability insured,
attaching therewith a copy of the decision or compromise agreement;
(3) Within ten (10) days from the filing of notice of claim, the insurance
company shall make payment to the recruitment/manning agency the
amount adjudged or agreed upon, or the amount of liability insured,
whichever is lower. After receiving the insurance payment, the
recruitment/manning agency shall immediately pay the migrant worker's
claim in full, taking into account that in case the amount of insurance
coverage is insufficient to satisfy the amount adjudged or agreed upon, it is
liable to pay the balance thereof;
(4) In case the insurance company fails to make payment within ten (10) days
from the filing of the claim, the recruitment/manning agency shall pay the
amount adjudged or agreed upon within the remaining days of the thirty-
day period, as provided in the first sub-paragraph hereof;
(5) If the worker's claim was not settled within the aforesaid thirty-day
period, the recruitment/manning agency's performance bond or escrow
deposit shall be forthwith garnished to satisfy the migrant worker's claim;
(6) The provision of compulsory worker's insurance under this section shall
not affect the joint and several liability of the foreign employer and the
recruitment/manning agency under Section 10 of the Act;
(7) Lawyers for the insurance companies, unless the latter are impleaded,
shall be prohibited to appear before the NLRC in money claims cases under
Rule VII.
Section 11. Disputes in the Enforcement of Insurance Claims. Any question
or dispute in the enforcement of any insurance policy issued under this Rule
shall be brought before the IC for mediation or adjudication.
Notwithstanding the preceding paragraph, the NLRC shall have the
exclusive jurisdiction to enforce against the recruitment/manning agency its
decision, resolution or order, that has become final and executory or a
settlement/compromise agreement reached between the parties.
Section 12. Liability of Recruitment/Manning Agency. In case it is shown by
substantial evidence before the POEA that the migrant worker who was
deployed by a licensed recruitment/manning agency has paid for the
premium or the cost of the insurance coverage or that the said insurance
coverage was used as basis by the recruitment/manning agency to claim any
additional fee from the migrant worker, the said licensed
recruitment/manning agency shall lose its license and all its directors,
partners, proprietors, officers and employees shall be perpetually
disqualified from engaging in the business of recruitment of overseas
workers. Such penalty is without prejudice to any other liability which such
persons may have incurred under existing laws, rules or regulations.
Section 13. Foreign Employers Guarantee Fund. For migrant workers
recruited by the POEA on a government-to-government arrangement, the
POEA Foreign Employers Guarantee Fund referred to under Section 5, Rule
X of these Rules shall be answerable for the workers' monetary claims arising
from breach of contractual obligations.
Section 14. Optional Coverage. For migrant workers classified as rehires,
name hires or direct hires, they may opt to be covered by this insurance
coverage by requesting their foreign employers to pay for the cost of the
insurance coverage or they may pay for the premium themselves. To protect
the rights of these workers, the DOLE and POEA shall provide them
adequate legal assistance, including conciliation and mediation services,
whether at home or abroad.
Section 15. Formulation of Implementing Rules and Regulations. Within
thirty (30) days from the effectivity of these Rules, and pursuant to Section
37-A of the Act, the IC, as the lead agency, shall, together with DOLE, NLRC,
and POEA, in consultation with the recruitment/manning agencies and
legitimate non-government organizations advocating the rights and welfare
of OFWs, issue the necessary implementing rules and regulations, which 10. Other matters deemed necessary.
shall include the following:

Within five (5) days from effectivity of these Rules, the IC shall convene the
1. Qualifications of participating insurers; inter-agency committee to commence the formulation of the aforesaid
necessary rules and regulations.

2. Accreditation of insurers;
Section 16. Assessment of Performance of Insurance Providers. At the end of
every year, the DOLE and the IC shall jointly make an assessment of the
performance of all insurance providers, based upon the report of NLRC and
3. Uniform Standard Policy format; POEA on their respective interactions and experiences with the insurance
companies, and they shall have the authority to ban or blacklist such
insurance companies which are known to be evasive or not responsive to the
legitimate claims of migrant workers. The DOLE shall include such
4. Premium rate; assessment in its year-end report to Congress.

5. Benefits; Section 17. Automatic Review. The foregoing provisions on mandatory

insurance coverage shall be subject to automatic review through the
Congressional Oversight Committee immediately after three (3) years from
the effectivity of the Act in order to determine its efficacy in favor of the
covered OFWS and the compliance by recruitment/manning agencies and
6. Underwriting Guidelines; insurance companies, without prejudice to an earlier review if necessary and
warranted for the purpose of modifying, amending and/or repealing these
subject provisions.

7. Claims procedure;

RULE XVII

8. Dispute settlement; MISCELLANEOUS PROVISIONS

9. Administrative monitoring and supervision; and

Section 1. POEA, OWWA, and other Boards. Notwithstanding any provision
of law to the contrary, the respective boards of the POEA and the OWWA
shall have three (3) members each who shall come from the women, sea-
based and land-based sectors respectively, to be selected and nominated
openly by the general membership of the sector being represented.
The selection and nomination of the additional members from the women,
sea-based and land-based sectors shall be governed by the following
guidelines:
(a) The POEA and OWWA shall launch a massive information campaign on
the selection of nominees and provide for a system of consultative sessions
for the certified leaders or representatives of the concerned sectors, at least
three (3) times, within ninety days (90) before the Boards shall be convened,
for purposes of selection. The process shall be open, democratic and
transparent.
(b) Only non-government organizations that protect and promote the rights
and welfare of overseas Filipino workers, duly registered with the
appropriate Philippine government agency and in good standing as such,
and in existence for at least three (3) years prior to the nomination shall be
qualified to nominate a representative for each sector to the Board;
(c) The nominee must be at least 25 years of age, able to read and write, and a
migrant worker at the time of his/her nomination or was a migrant worker
with at least three (3) years experience as such;
(d) A Selection and Screening Committee shall be established within the
POEA and OWWA by the Secretary of Labor and Employment to formulate
the procedures on application, screening and consultation, and shall be
responsible to provide the list of qualified nominees to the respective
Governing Boards; and
(e) The final list of all the nominees selected by the OWWA/POEA
Governing Boards, which shall consist of three (3) names for each sector to be
represented, shall be submitted to the President and published in a
newspaper of general circulation.
Incumbent representatives appointed pursuant to this section and who are
eligible for re-appointment shall be automatically included in the list referred
to under subsection (d).
Within thirty (30) days from the submission of the final list referred to under
subsection (e), the President shall select and appoint from the list the
representatives to the POEA/OWWA Governing Boards.
The members shall have a term of three (3) years and shall be eligible for
reappointment for another three (3) years. In case of vacancy, the President
shall, in accordance with the provisions of the Act, appoint a replacement
who shall serve the unexpired term of his/her predecessor.
All other government agencies and government-owned or controlled
corporations which require at least one (1) representative from the overseas
workers sector to their respective boards shall follow all the applicable
provisions of this section, subject to the respective Charters, Implementing
Rules and Regulations, and internal policies of such agencies and
corporations.
The existing members of the Governing Boards of POEA and OWWA
representing the women, land-based, or sea-based sectors shall serve the
remaining portion of their three-year terms. Thereafter, their positions shall
be deemed vacant, and the process of selection of their replacement shall be
in accordance with this section. If the incumbent is eligible for re-
appointment, he/she shall continue to serve until re-appointed or another
person is appointed in accordance with this section.
Incumbent representatives in the Governing Board with no fixed term shall
remain in holdover capacity, until a replacement is appointed in accordance
with this section.
Section 2. Report to Congress. In order to inform the Philippine Congress on
the implementation of the policy enunciated in Section 4 of the Act, the DFA
and the DOLE shall submit separately to the said body a semi-annual report
of Philippine foreign posts located in, or exercising consular jurisdiction
over, countries receiving Filipino migrant workers. The mid-year report
covering the period January to June shall be submitted not later than October
31 of the same year while the year-end report covering the period July to
December shall be submitted not later than May 31 of the following year. The
report shall include, but shall not be limited to, the following information:
(a) Master list of Filipino migrant workers, and inventory of pending cases
involving them and other Filipino nationals including those serving prison
terms;
(b) Working conditions of Filipino migrant workers;
(c) Problems encountered by the migrant workers, specifically violations of
their rights;
(d) Initiatives/actions taken by the Philippine foreign posts to address the
problems of Filipino migrant workers;
(e) Changes in the laws and policies of host countries; and
(f) Status of negotiations on bilateral labor agreements between the
Philippines and the receiving country.
Section 3. Effect on Failure to Report. Any officer of the government who has
the legal duty to report, yet fails to submit the aforesaid Report to Congress,
without justifiable cause, shall be subject to an administrative penalty of
dismissal from the service with disqualification to hold any appointive
public officer for five (5) years.
Section 4. Government Fees, Administrative Costs and Taxes. All fees for
services being charged by any government agency on migrant workers
prevailing at the time of the effectivity of this Rule shall not be increased. All
other services rendered by the DOLE and other government agencies in
connection with the recruitment and placement of and assistance to migrant
workers shall be rendered free. The administrative cost thereof shall not be
borne by the worker.
The migrant worker shall be exempt from the payment of travel tax and
airport fee upon proper showing of the Overseas Employment Certificate
(OEA) issued by the POEA.
The remittances of all OFWs, upon showing of the OEC or valid OWWA
Membership Certificate by the OFW beneficiary or recipient, shall be exempt
from the payment of documentary stamp tax (DST) as imposed under
Section 181 of the National Internal Revenue Code, as amended.
In addition to the original copy, a duplicate copy or a certified true copy of
the valid proof of entitlement referred to above shall be secured by the OFW
from the POEA or OWWA, which shall be held and used by his/her 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.
RULE XVIII
FUNDING
Section 1. Sources of Funds. The departments, agencies, instrumentalities,
bureaus, 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 funding of which
shall be included in the General Appropriations Act.
RULE XIX
MIGRANT WORKERS DAY
Section 1. Commemoration. 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.
RULE XX
TRANSITORY PROVISIONS
Section 1. Applicability of Criteria for Receiving Countries. In compliance
with Section 4 of the Act, the DFA shall, within 90 days from effectivity of
these Rules and Regulations, issue the certification for countries where the
Philippines maintains an embassy.
In countries where the Philippine Embassy exercises concurrent jurisdiction
and where the Ambassador is non-resident, the DFA shall have one hundred
twenty days (120) from the effectivity of these Rules to issue the certification
required in Section 4 of the Act. Prior to the expiration of the aforesaid
period, the secretary of Foreign Affairs, in consultation with the Secretary of
Labor and Employment, shall allow the reasonable extension of the period
for the issuance of the certification upon a determination that there is a need
therefor.
Pending the issuance of the required certifications of compliance or
determinations of non-compliance and within the periods mentioned in the
preceding paragraphs, the deployment of migrant workers overseas shall
proceed on a status quo basis.
For purposes of issuance of the certifications, the DFA shall, in consultation
with the POEA, issue a standard format to be accomplished by all Foreign
Service posts.
Section 2. Effectivity of Compulsory Insurance Requirement. 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.
RULE XXI
FINAL PROVISIONS
Section 1. Repealing Clause. All Department Orders, Circulars and
implementing Rules and Regulations inconsistent with these Omnibus Rules
and Regulations are hereby repeated or amended accordingly.
Section 2. Effectivity. - The provisions of these Rules and Regulations shall
take effect fifteen days (15) after publication in two (2) newspapers of general
circulation.
Done in the City of Manila, this 8th day of July, 2010.
SECTION 2. Declaration of Polity The grant of the rights and privileges
for disabled persons shall be guided by the following principles:
(a). Disabled persons are part of the Philippine society, 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.
Toward this end, the State shall adopt policies ensuring the rehabilitation,
self-development and self-reliance of disabled persons.

Republic Act 7277 It shall develop their skills and potentials to enable them to compete
favorably for available opportunities.
Republic of the Philippines
(b). Disabled persons have the same rights as other people to take their
CONGRESS OF THE PHILIPPINES proper place in society. They should be able to live freely and as
independently as possible. This must be the concern of everyone the
Metro Manila family, community and all government and non-government organizations.
Disabled persons rights must never be perceived as welfare services by the
Government.
Fifth Regular Session

(c). The rehabilitation of the disabled persons shall be the concern of the
BEGUN AND HELD IN METRO MANILA, ON MONDAY, THE TWENTY
Government in order to foster their capability to attain a more meaningful,
SECOND DAY OF JULY, NINETEEN HUNDRED AND NINETY-ONE.
productive and satisfying life. To reach out to a greater number of disabled
persons, the rehabilitation services and benefits
Republic Act No. 7277
shall be expanded beyond the traditional urban-based centers to community
AN ACT PROVIDING FOR THE REHABILITATION, SELF- based programs, that will ensure full participation of different sectors as
DEVELOPMENT AND SELF-RELIANCE OF DISABLED PERSON AND supported by national and local government agencies.
THEIR INTEGRATION
(d). The State also recognizes the role of the private sector in promoting the
INTO THE MAINSTREAM OF SOCIETY AND FOR OTHER PURPOSES. welfare of disabled persons and shall encourage partnership in programs
that address their needs and concerns.
Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled: (e). To facilitate integration of disabled persons into the mainstream of
society, the State shall advocate for and encourage respect for disabled
TITLE ONE GENERAL PROVISIONS persons. The State shall exert all efforts to remove all social, cultural,
economic, environmental and attitudinal barriers that
CHAPTER I Basic Principle
are prejudicial to disabled persons.
SECTION 1. Title This Act shall be known and cited as the Magna
Carta for Disabled Persons. SECTION 3. Coverage This Act shall covers all disabled persons and, to
the extend herein provided, departments, offices and agencies of the
National Government or non-government organization involved in the
attainment of the objectives of this Act.
SECTION 4. Definition of Terms For purposes of this Act, these terms are
defined as follows:
(a). Disabled Persons are those suffering from restriction of different abilities,
as a result of a mental, physical or sensory impairment, to perform an
activity in the manner or within the range considered normal for a human
being;
(b). Impairment is any loss, diminution or aberration of psychological,
physiological, or anatomical structure of function;
(c). Disability shall mean (1) a physical or mental impairment that
substantially limits one or more psychological, physiological or anatomical
function of an individual or activities of such individual; (2) a record of such
an impairment; or (3) being regarded as having such an impairment;
(d). Handicap refers to a disadvantage for a given individual resulting
from an impairment or a disability, that limits or prevents the functions or
activity, that is considered normal given the age and sex of the individual;
(e). Rehabilitation is an integrated approach to physical, social, cultural,
spiritual, educational and vocational measures that create conditions for the
individual to attain the highest possible level of functional ability;
(f). Social Barriers refer to the characteristics of institutions, whether legal,
economic, cultural, recreational or other, any human group, community, or
society which limit the fullest possible participation of disabled persons in
the life of the group. Social barriers include negative attitudes which tends to
single out and exclude disabled persons and which distort roles and
interpersonal relationship;
(g). Auxiliary Aids and Services include:
1) qualified interpreters or other effective methods of delivering materials to
individuals with hearing impairments;
2) qualified readers, taped tests, or other effective methods of delivering
materials to individuals with visual impairments;
3) acquisition or modification of equipment or devices; and
4) other similar services and actions or all types of aids and services that
facilitate the learning process of people with mental disability;
(h). Reasonable Accommodation include (1) improvement of existing
facilities used by employees in order to render these readily accessible to and
usable by disabled persons; and (2) modification of work schedules,
reassignment to a vacant position, acquisition or modification of equipment
or devices, appropriate adjustments or modifications of examinations,
training materials or company policies, rules and regulations, the provisions
of auxiliary aids and services, and other similar accommodations for
disabled persons;
(i). Sheltered Employment refers to the provision of productive work for
disabled persons through workshop providing special facilities, income
producing projects or homework schemes with a view to given them the
opportunity to earn a living thus enabling them to acquire a working
capacity required in open industry.
(j). Auxiliary Social Services are the supportive activities in the delivery of
social services to the marginalized sectors of society;
(k). Marginalized Disabled Persons refer to disabled persons who lack access
to rehabilitative services and opportunities to be able to participate fully in
socioeconomic activities and who have no means of livelihood or whose
incomes fall below poverty threshold;
(l). Qualified Individual with a Disability shall mean an individual with a
disability who, with or without reasonable accommodations, can perform the
essential functions of the employment position that such individual holds or
desires. However, consideration shall be given to the employers judgement
as to what functions of a job are essential, and if an employer has prepared a
written description before advertising or interviewing applicants for the job,
this description shall be considered evidence of the essential functions of the
job;
(m). Readily Achievable means a goal can be easily attained and carried out
without much difficulty or expense. In determining whether an action is
readily achievable, factors to be considered include
1) the nature and cost of the action;
2) the overall financial resources of the facility or facilities involved in the
action; the number of persons employed at such facility; the effect on
expenses and
resources, or the impact otherwise of such action upon the operation of the
facility;
3) the overall financial resources of the covered entity with respect to the
number of its employees; the number, type and location of its facilities; and
4) the type of operation or operations of the covered entity, including the
composition, structure and functions of the work force of such entity; the
geographic
separateness, administrative or fiscal relationship of the facilities in question
to the covered entity;
(n). Public Transportation means transportation by air, land and sea that
provides the public with general or special service on a regular and
continuing basis;
(o). Covered entity means employer, employment agency, labor organization
or joint labor-management committee; and
(p). Commerce shall be taken to mean a s travel, trade, traffic, commerce,
transportation, or communication among the provinces or between any
foreign country or any territory or possession and any province.
TITLE TWO RIGHTS AND PRIVILEGES OF DISABLED PERSONS
CHAPTER I Employment
SECTION 5. Equal Opportunity for Employment No disabled
persons shall be denied access to opportunities for suitable employment. A
qualified disabled employee shall be subject to the same terms and
conditions of employment and the same compensation, privileges, benefits,
fringe benefits, incentives or allowances as a qualified able-bodied person.
Five percent (5%) of all casual, emergency and contractual positions in the
Department of Social Welfare and Development; Health; Education, Culture
and Sports; and other government agencies, offices or corporations engaged
in social development shall be reserved for disabled persons.
SECTION 6. Sheltered Employment If suitable employment for disabled
persons cannot be found through open employment as provided in the
immediately preceding Section, the State shall endeavor to provide it by
means of sheltered employment. In the placement of disabled persons in
sheltered employment, it shall accord due regard to the individual qualities,
vocational goals and inclinations to ensure a good working atmosphere and
efficient production.
SECTION 7. Apprenticeship Subject to the provision of the Labor Code as
amended, disabled persons shall be eligible as apprentices or learners;
Provided, That their handicap is not much as to effectively impede the
performance of job operations in the particular occupation for which they are
hired; Provided, further, That after the lapse of the period of apprenticeship
if found satisfactory in the job performance, they shall be eligible for
employment.
SECTION 8. Incentives for Employer (a) To encourage the active
participation of the private sector in promoting the welfare of disabled
persons and to ensure gainful employment for qualified disabled persons,
adequate incentives shall be provided to private entities which employ
disabled persons.
(b). Private entities that employ disabled persons who meet the required
skills or qualifications, either as regular employee, apprentice or learner,
shall be entitled to an additional deduction, from their gross income,
equivalent to twenty-five percent (25%) of the total amount paid as salaries
and wages to disabled persons: Provided, however, That such entities
present proof as certified by the Department of Labor and Employment that
disabled person are under their employ. Provided, further, That the disabled
employee is accredited with the Department of Labor and Employment and
the Department of Health as to his disability, skills and qualifications.
(c). Private entities that improved or modify their physical facilities in order
to provide reasonable accommodation for disabled persons shall also be
entitled to an additional deduction from their net taxable income, equivalent
to fifty percent (50%) of the direct costs of the improvements or
modifications. This section, however, does not apply to improvements or
modifications of facilities required under Batas Pambansa Bilang 344.
SECTION 9. Vocational Rehabilitation Consistent with the principle of
equal opportunity for disabled workers and workers in general, the State
shall take appropriate vocational rehabilitation measures that shall serve to
develop the skills and potential of disabled persons and enable them to
compete favorably for available productive and remunerative employment
opportunities in the labor market. The State shall also take measures to
ensure the provisions of vocational rehabilitation and livelihood services for
disabled persons in the rural areas. In addition, it shall promote cooperation
and coordination between the government and non-government
organization and other private entities engaged in vocational rehabilitation
activities.
The Department of Social Welfare and Development shall design and
implement training programs that will provide disabled persons with
vocational skills to enable them to engage in livelihood activities or obtain
gainful employment. The Department of Labor and Employment shall
likewise design and conduct training programs geared towards providing
disabled persons with skills for livelihood.
SECTION 10. Vocational Guidance and Counselling The Department of
Social Welfare and Development shall implement measures providing and
evaluating vocational guidance and counselling to enable disabled persons
to secure, retain and advance in employment. It shall ensure the availability
and training counsellors and other suitability qualified staff responsible for
the vocational guidance and counselling of disabled persons.
SECTION 11. Implementing Rules and Regulations The Department of
Labor and Employment shall in coordination with the Department of Social
Welfare and Development (DSWD) and National Council for the Welfare of
Disabled Persons (NCWDP), shall promulgate the rules and regulations
necessary to implement the provision under this Chapter.
CHAPTER 2 Education
SECTION 12. Access to Quality Education The State shall ensure that
disabled persons are provided with adequate access to quality education and
ample opportunities to develop their skills. It shall take appropriate steps to
make such education accessible to all disabled persons. It shall be unlawful
for any learning institutions to deny a disabled person admission to any
course it offers by reason of handicap or disability. The State shall take into
consideration the special requirements of disabled persons in the
formulation of education policies and program. It shall encourage learning
institutions to take into account the special needs of disabled persons with
respect to the use of school facilities, class schedules, physical education
requirements and other pertinent consideration. The State shall also promote
the provision by learning institutions, of auxiliary services that will facilitate
the learning process for disabled persons.
SECTION 13. Assistance to Disabled Students The State shall provide
financial assistance to economically marginalized but deserving disabled
students pursuing post secondary or tertiary education. Such assistance may
be in the form of scholarship grants, student loan programs, subsidies, and
other incentives to qualified disabled students in both public and private
schools. At least five percent (5%) of the allocation for the Private Education
Student Financial Assistance Program created by virtue of R.A. 6725 shall be
set aside for disabled students pursuing vocational or technical and degree
courses.
SECTION 14. Special Education The State shall establish, maintain and
support a complete, adequate and integrated system of special education for
the visually impaired, hearing impaired, mentally retarded persons and
other type of exceptional children in all regions of the country. Towards this
end, the Department of Education, Culture and Sports shall establish special
education classes in public schools in cities, or municipalities. It shall also
establish, where viable, Braille and Record Libraries in provinces, cities or
municipalities. The National Government shall allocate funds necessary for
the effective implementation of the special education program nationwide.
Local government units may likewise appropriate counterpart funds to
supplement national funds.
SECTION 15. Vocational or Technical and Other Training Programs The
State provide disabled persons with training in civics, vocational efficiency,
sports and physical fitness, and other skills. The Department of Education,
Culture and Sports shall establish in at least one government-owned
vocational
and technical school in every province a special vocational and technical
training program for disabled persons. It shall develop and implement sports
and
physical fitness program specifically designed for disabled persons taking
into consideration the nature of their handicap. SECTION 16. Non-Formal
Education The State shall develop nonformal education programs
intended for the total human development of disabled persons. It shall
provide adequate resources for non-formal education programs and projects
that cater to the special needs of disabled persons.
SECTION 17. State Universities and Colleges If viable and needed, the
State Universities or State Colleges in each region or province shall be
responsible for (a) the development of material appliances and technical aids
for disabled persons; (b) the development of training materials for vocational
rehabilitation and special education instructions; and (c) the research on
special problems, particularly of the visually-impaired, hearing-impaired,
and orthopedically-impaired students, mentally retarded, and multi-
handicapped and other, and the elimination of social barriers and
discrimination against disabled persons; and (d) inclusion of the Special
Education for Disabled (SPED) course in the curriculum. The National
Government shall provide these state universities and colleges with the
necessary special facilities for visually-impaired, hearingimpaired, speech
impaired, and orthopedically-impaired students. It shall likewise allocate the
necessary funds in support of the above.
CHAPTER 3 Health
SECTION 18. National Health Program The Department of Health, in
coordination with National Council for the Welfare of Disabled Persons,
shall institute a national health program which shall aim to attain the
following:
(a). prevention of disability, whether occurring prenatally or post-natally;
(b). recognition and early diagnosis of disability; and
(c). early rehabilitation of the disabled.
SECTION 19. Rehabilitation Centers The Department of Health shall
establish medical rehabilitation centers in government provincial hospitals,
and shall include it annual appropriation the necessary funds for the
operation of such centers. The Department of Health shall formulate and
implement a program to enable marginalized disabled persons to avail of
free rehabilitation services in government hospitals.
SECTION 20. Health Services The State shall protect and promote the
right to health of disabled persons and shall adopt an integrated and
comprehensive approach to their health development which shall make
essential health services available to them at affordable cost. The National
Government shall provide an integrated health service for disabled persons
which shall include, but not limited to, the following:
(a). prevention of disability through immunization, nutrition, environmental
protection and preservation, and genetic counselling; and early detection of
disability and timely intervention to arrest disabling condition; and
(b). medical treatment and rehabilitation.
The Department of Health shall field medical personnel specializing in the
treatment and rehabilitation of disabled persons to provincial hospitals and,
when
viable, to municipal health centers. It shall also train its field health
personnel in the provision of medical attention to disabled persons. It shall
further ensure that its field health units have the necessary capabilities to fit
prosthetic and orthotic appliances on disabled persons.
CHAPTER 4 Auxiliary Social Services
SECTION 21. Auxiliary Social Services The State shall ensure that
marginalized persons are provided with the necessary auxiliary services that
will restore their social functioning and participation in community affairs.
Toward this end, the Department of Social Welfare and Development shall
develop and implement programs on auxiliary social services that respond to
the needs of marginalized disabled persons. The components of such a
program shall be as follows:
(a). assistance in the acquisition of prosthetic devices and medical
intervention of specialty services;
(b). provision of specialized training activities designed to improved
functional limitations of disabled persons related to communications skills;
(c). development among disabled persons of a positive self-image through
the provision of counselling, orientation and mobility and strengthening
daily living capability;
(d). provision of family care services geared towards developing the
capability of families to respond to the needs of the disabled members of the
family;
(e). provision of substitute family care services and the facilities therefore for
abandoned, neglected, abused and unattached disabled persons who need
custodial care;
(f). provision of after care and follow-up services for the continued
rehabilitation in a community-based setting of disabled persons who were
released from the residential care or rehabilitation center; and
(g). provision of day care services for disabled children of pre-school age.
CHAPTER 5 Telecommunications
SECTION 22. Broadcast Media Television stations shall be encouraged to
provide a sign language inset or subtitles in at least one (1) newscast
program a day and special program covering events of national significance.
SECTION 23. Telephone Services All telephone companies shall be
encouraged to install special telephone devices or units for the hearing-
impaired and ensure that they are commercially available to enable them to
communicate through the telephone system.
SECTION 24. Free Postal Charges for the Disabled Postal charges shall be
free on the following:
(a). article and literature like books and periodicals, orthopedic and other
devices, and teaching aids for the use of the disabled sent by mail within the
Philippines and abroad; and
(b). aids and orthopedic devices for the disabled sent abroad by mail for
repair; Provided, That the aforesaid items are for personal purposes only:
Provided further, That the disabled person is a marginalized disabled as
certified
by the Social Welfare and Development Office of the local government unit
concerned or the Department of Social Welfare and Development.
CHAPTER 6 Accessibility
SECTION 25. Barrier-Free Environment The State shall ensure the
attainment of a barrier-free environment that will enable disabled persons to
have access in public and private buildings and establishments and such
other places mentioned in Batas Pambansa Bilang 344, otherwise known as
the Accessibility Law. The national and local government shall allocate
funds for the provision of architectural or structural features for disabled
persons in government buildings and facilities.
SECTION 26. Mobility The State promote the mobility of disabled
persons. Disabled persons shall be allowed to drive motor vehicles, subject to
the rules and regulations issued by the Land Transportation Office pertinent
to the nature of their disability and the appropriate adaptations or
modifications made on such vehicles.
SECTION 27. Access to Public Transport Facilities The Department of
Social Welfare and Development shall develop a program to assist
marginalized disabled persons gain access in the use of public transport
facilities. Such assistance may be in the form of subsidized transportation
fare. The said department shall also allocate such funds as may be necessary
for the effective implementation of the public transport program for the
disabled persons. The Accessibility Law, as amended, shall be made
supplementary to this Act.
SECTION 28. Implementing Rules and Regulations The Department of
Transportation and Communications shall formulate the rules and
regulations necessary to implement the provision of this Chapter.
CHAPTER 7 Political and Civil Rights
SECTION 29. System of Voting Disabled persons shall be allowed to be
assisted by a person of his choice in voting in the national or local elections.
The person thus chosen shall prepare ballot for the disabled voter inside the
voting booth. The person assisting shall bind himself in a formal document
under oath to fill out the ballot strictly in accordance with the instructions of
the voter and not to reveal the contents of the ballot prepared by him.
Violation of this provision shall constitute an election offense. Polling places
should be made accessible to disabled persons during the national or local
elections.
SECTION 30. Right to Assemble Consistent with the provisions of the
Constitution, the State shall recognize the right of disabled persons to
participate in processions, rallies, parades, demonstrations, public meetings,
and assemblages or other forms of mass or concerted action held in public.
SECTION 31. Right to Organize The State recognize the rights of disabled
persons to form organizations or associations that promote their welfare and
advance or safeguard their interests. The National Government, through its
agencies, instrumentalities and subdivisions, shall assist disabled persons in
establishing self-help organizations by providing them with necessary
technical and financial assistance. Concerned government agencies and
offices shall establish close linkages with organizations of disabled persons
in order to respond expeditiously to the needs of disabled persons. National
line agencies and local government units shall assist disabled persons in
setting up specific projects that will be managed like business propositions.
To ensure the active participation of disabled persons in the social economic
development of the country, their organizations shall be encouraged to
participate in the planning, organization and management of government
programs and projects for disabled persons. Organizations of disabled
persons shall participate in the identification and preparation of programs
that shall serve to develop employment opportunities for the disabled
persons.
TITLE THREE PROHIBITION ON DISCRIMINATION AGAINST
DISABLED PERSONS
CHAPTER 1 Discrimination on Employment
SECTION 32. Discrimination on Employment No entity, whether public
or private, shall discriminate against a qualified disabled person by reason of
disability in regard to job application procedures, the hiring, promotion, or
discharge of employees, employee compensation, job training, and other
terms, conditions, and privileges of employment. The following constitute
acts of discrimination:
(a). Limiting, segregating or classifying a disabled job applicant in such a
manner that adversely affects his work opportunities;
(b). Using qualification standards, employment tests or other selection
criteria that screen out or tend to screen out a disabled person unless such
standards, tests or other selection criteria are shown to be job related for the
position on question and are consistent with business necessity;
(c). Utilizing standards, criteria, or methods of administration that:
1). have the effect of discrimination on the basis of disability; or
2). perpetuate the discrimination of others who are subject to common
administrative control;
(d). Providing less compensation, such as salary, wage or other forms of
remuneration and fringe benefits, to a qualified disabled employee, by
reason of his disability, than the amount to which a non-disabled person
performing the same work is entitled;
(e). Favoring a non-disabled employee over a qualified disabled employee
with respect to promotion, training opportunities, study and scholarship
grants, solely on account of the latters disability;
(f). Re-assigning or transferring a disabled employee to a job or position he
cannot perform by reason of his disability;
(g). Dismissing or terminating the services of a disabled employee by reason
of his disability unless the employer can prove that he impairs the
satisfactory performance of the work involve to the prejudice of the business
entities; Provided, however, That the employer first sought provide
reasonable accommodations for disabled persons;
(h). Failing to select or administer in the effective manner employment tests
which accurately reflect the skills, aptitude or other factor of the disabled
applicant or employee that such test purports to measure, rather than the
impaired sensory, manual or speaking skills of such applicant or employee,
if any; and
(i). Excluding disabled persons from membership in labor unions or similar
organization.
SECTION 33. Employment Entrance Examination Upon an offer of
employment, a disabled applicant may be subjected to medical
examination, on the following occasions:
(a). all entering employees are subjected to such an examination regardless
of disability;
(b). information obtained during the medical condition or history of the
applicant is collected and maintained on separate forms and in separate
medical files and is treated as a confidential medical record, Provided,
however, That:
1). supervisors and managers may be informed regarding necessary
restrictions on the work or duties of the employees and necessary
accommodations;
2). first aid and safety personnel my be informed, when appropriate, if the
disability might require emergency treatment;
3). government officials investigating compliance with this Act shall be
provided relevant information on request; and
4). the results of such examination are used only accordance with this Act.
CHPTER 2 Discrimination on Transportation
SECTION 34. Public Transportation It shall be considered discrimination
for the franchises or operators and personnel of sea, land, and air
transportation facilities to charge higher fare or to refuse to convey a
passenger, his orthopedic devices, personal effects, and merchandise by
reason of his disability.
CHAPTER 3 Discrimination on the Use of Public
Accommodations and Services
SECTION 35. Public Accommodations and Services For purposes of this
Chapter, public accommodations and services shall include the following:
(a). an inn, hotel, motel, or other place of lodging, except for an establishment
located within a building that contains not more than five (5) rooms for rent
or hire and that is actually occupied by the proprietor of such establishment
as the residence of such proprietor;
(b). a restaurant, bar or other establishment serving food or drink;
(c). a motion picture, theater, concert hall, stadium, or other place of
exhibition or entertainment;
(d). an auditorium, convention center, lecture hall, or other place of public
gathering;
(e). a bakery, grocery store, hardware store, shopping center, or other sales or
rental establishment;
(f). a bank, barber-shop, beauty-shop, travel service, funeral parlor, gas
station, office of a lawyer, pharmacy, insurance office, professional office of a
health care provider, hospital or other service establishment;
(g). a terminal, depot, or other station used for specified public
transportation;
(h). a museum, gallery, library or other place of public display or collection;
(i). a park, zoo, amusement park, or other place of recreation;
(j). a nursery, elementary, secondary, undergraduate, or post-graduate
private school, or other place of education;
(k). a gymnasium, health spa, bowling alley, golf course; or
(l). other place of exercise or recreation.
SECTION 36. Discrimination on the Use of Public Accommodations
(a) No disabled persons shall be discriminated on the basis of disability in
the full and equal enjoyment of the goods, services, facilities, privileges,
advantages
or accommodations of any place of public accommodation by any person
who owns, leases, or operates a place of public accommodation. The
following constitute acts of discrimination:
1). denying a disabled person, directly through contractual, licensing, or
other arrangement, the opportunity to participate in or benefit from the
goods, services, facilities, privileges, advantages, or accommodations of an
entity by reason of his disability;
2). affording a disabled person, on the basis of his disability, directly or
through contractual, licensing, or other arrangement, with the opportunity to
participate in or benefit from a good, service, facility, privilege, advantage, or
accommodation that is not equal to that afforded to other able-bodied
persons; and
3). providing disability, directly or through contractual, licensing, or other
arrangement, with a good, service, facility, advantages, privilege, or
accommodation that is different or separate from that provided to other able-
bodied persons unless such action is necessary to provide the disabled
person with a good, service, facility, advantage, privilege or accommodation,
or other opportunity that is as effective as that provided to others;
For purpose of this section, the term individuals or class individuals
refers to the clients or customers of the covered public accommodation that
enters into the contractual, licensing or other arrangement.
(b). Integrated Settings Goods, services, facilities, advantages, and
accommodations shall be afforded to an individual with a disability in the
most integrated setting appropriate to the needs of the individual.
(c). Opportunity to Participate Notwithstanding the existence of separate
or different programs or activities provided in accordance with this section,
an individual with a disability shall not be denied the opportunity to
participate in such programs or activities that are not separate or different.
(d). Association It shall be discriminatory to exclude or otherwise deny
equal goods, services, facilities, advantages, privileges, accommodations or
other opportunities to an individual or entity because of the known disability
of an individual with whom the individual or entity is known to have a
relationship or association.
(e). Prohibitions For purposes of this Section, the following shall be
considered as discriminatory.
1). the imposition or application of eligibility criteria that screen out or tend
to screen out an individual with a disability or any class or individuals with
disabilities from fully and equally enjoying and goods, services, facilities,
privileges, advantages, accommodations, unless such criteria can be shown
to be necessary for the provision of the goods, services, facilities, privileges,
or accommodations being offered;
2). a failure to make reasonable modifications in policies, practices, or
procedures, when such modification are necessary to afford such goods,
services, facilities, privileges, advantages or accommodations to individuals
with disabilities, unless the entity can demonstrate that making such
modification would fundamentally alter the nature of the goods, facilities,
services, privileges, advantages, or accommodations;
3). Failure to take steps as may be necessary to ensure that no individual
with disability is excluded, denied services, segregated or otherwise treated
differently than other individuals because of the absence of auxiliary aids
and services, unless the entity can demonstrate that taking such steps would
fundamentally alter the nature of the good, service, facility, privilege or
would result in undue burden;
4). a failure to remove architectural barriers, and communication barriers
that are structural in nature, in existing facilities, where such removal is
readily achievable; and
5). where an entity can demonstrate that the removal of a barrier under
clause (4) is not readily achievable, a failure to make such goods, services,
facilities, privileges, advantages, or accommodations available through
alternative methods if such methods are readily achievable.
SECTION 37. Use of Government Recreational or Sports Centers
Free of Charge Recreational or sports centers owned or operated by the
Government shall be used, free of charge, by marginalized disabled persons
during their social, sports or recreation activities.
SECTION 38. Implementing Rules and Regulations The Department of
Public Works and Highway shall formulate the rules and regulations
necessary to implement the provisions of this Chapter.
TITLE FOUR FINAL PROVISIONS
SECTION 39. Housing Program The National Government shall take into
consideration in its national shelter programs the special housing
requirement of disabled persons.
SECTION 40. Role of National Agencies and Local Government Units
Local government units shall promote the establishment of organizations of
disabled persons in their respective territorial jurisdictions. National
agencies and local government units may enter into joint ventures with
organizations or associations of disabled persons to explore livelihood
opportunities and other undertaking that shall enhance the health, physical
fitness and the economic and social well-being of disabled persons.
SECTION 41. Support From Non-government Organizations
Nongovernment organizations or private volunteer organizations dedicated
to the purpose of promoting and enhancing the welfare of disabled persons
shall, as they, are hereby encouraged, become partners of the Government in
the implementation of vocational rehabilitation measures and other related
programs and projects. Accordingly, their participation in the
implementation of said measures, program and projects is to be extended all
possible support by the Government. The Government shall sponsor a
volunteer service program which shall harness the involvement of private
individual in the provision of assistance to disabled persons.
SECTION 42. Tax Incentives (a) Any donation, bequest, subsidy or
financial aid which may be made to government agencies engaged in the
rehabilitation of disabled persons and organizations of disabled persons
shall be exempt from the donors tax subject to the provisions of Section 94 of
the National Internal Revenue Code (NIRC), as amended and shall be
allowed as deduction from the donors gross income for purposes of
computing the taxable income subject to the provisions of Section 29 (h) of
the Code.
(b). Donations from foreign countries shall be exempt from taxes and duties
on importation subject to the provisions of Section 105 of the Tariff and
Customs Code of the Philippines, as amended, Section 103 of the NIRC, as
amended and other relevant laws and international agreements.
(c). Local manufacturing of technical aids and appliances used by disabled
persons shall be considered as a preferred area of investment subject to the
provisions of Executive Order No. 226 otherwise known as the Omnibus
Investments Code of 1987 and, as such, shall enjoy the rights, privileges
and incentives as provided in said Code such as, but not limited, to the
following:
1). repatriation of investments;
2). remittance of earnings;
3). remittance of payments on foreign contracts;
4). freedom from expropriations;
5). freedom from requisition of investment;
6). income tax holiday;
7). additional deduction for labor expense;
8). tax and duty exemption on imported capital equipment;
9). tax credit on domestic capital equipment;
10). exemption from contractors tax;
11). simplification of customs procedures;
12). unrestricted use of consigned equipment;
13). employment of foreign nationals;
14). tax credits for taxes and duties on raw materials;
15). access to bonded manufacturing/trading warehouse system;
16). exemption from taxes and duties on imported spare parts; and
17). Exemption from wharfage dues and any export tax, duty, impostand
free.
SECTION 43. Continuity Clause Should any department or agency tasked
with the enforcement or formulation of rules and regulations and guidelines
for implementation of any provisions of this Act is abolished, merge with
another department or agency or modified, such shall not affect the
enforcement or formulation of rules, regulations and guidelines for
implementation of this Act to the effect that
(a). In case of abolition, the department or agency established to replace the
abolished department or agency shall take-over the functions under this Act
of the abolished department or agency.
(b). In case of the department or agency tasked with the enforcement of
formulation of rules, regulations and guidelines for implementation of this
Act is merged with another department or agency, the former shall continue
the functions under this Act of the merged department or agency.
(c). In case of modification, the department or agency modified shall
continue the functions under this Act of the department or agency that has
undergone modification.
SECTION 44. Enforcement by the Secretary of Justice
(a). Denial of Right
1). Duty to Investigate the Secretary of Justice shall investigate alleged
violations of this Act, and shall undertake periodic reviews of compliance of
covered entities under this Act.
(b). Potential Violations If the Secretary of Justice has reasonable cause to
believe that
1). any person or group of persons is engaged in a pattern of practice of
discrimination under this Act; or
2). any person or group of persons has been discriminated against under this
Act and such discrimination raises and issue of general public importance,
the Secretary of Justice may commence a legal action in any appropriate
court.
SECTION 45. Authority of Court The court may grant any equitable relief
that such court considers to be appropriate, including, to the extent required
by this Act:
(a). granting temporary, preliminary or permanent relief;
(b). providing an auxiliary aid or service, modification of policy, practice or
procedure, or alternative method; and
(c). making facilities readily accessible to and usable by individuals with
disabilities.
SECTION 46. Penal Clause (a) Any person who violates any provision of
this Act shall suffer the following penalties:
1). for the first violation, a fine of not less than Fifty thousand pesos (P
50,000.00) but not exceeding One hundred thousand pesos(P 100,000.00) or
imprisonment of not less than six (6) months but not more than two (2) years,
or both at the discretion of the court; and
2). for any subsequent violation, a fine of not less than One hundred
thousand pesos (P 100,000.00) but not exceeding Two hundred thousand
pesos (P 200,000.00) or imprisonment for less than two (2) years but not more
than six (6) years, or both at the discretion of the court.
(b). Any person who abuses the privileges granted herein shall be punished
with imprisonment of not less than six (6) months or a fine of not less than
Five thousand pesos (P 5,000.00) but not more than Fifty thousand pesos (P
50,000.00), or both, at the discretion of the court.
(c). If the violator is a corporation, organization or any similar entity, the
officials thereof directly involved shall be liable therefor.
(d). If the violator is an alien or a foreigner, he shall be deported immediately
after service of sentence without further deportation proceedings.
SECTION 47. Appropriations The amount necessary to carry out the
provision of this Act shall be included in the General Appropriation Act of
the year following its enactment into law and thereafter.
SECTION 48. Separability Clause Should any provision of this Act be
found unconstitutional by a court of law, such provisions shall be severed
from the remainder of the Act, and such action shall not affect the
enforceability of the remaining provisions of this Act.
SECTION 49. Repealing Clause All laws, presidential decrees, executive
orders and rules and regulations inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.
SECTION 50. Effectivity This Act shall take effect fifteen (15) days after its
publication in any two (2) newspaper of general circulation.