MALACAÑANG (g) soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from,

Manila discounting, or impeding the prosecution of a criminal offender;

PRESIDENTIAL DECREE No. 1829
PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS
WHEREAS, crime and violence continue to proliferate despite the sustained vigorous efforts of the government
to effectively contain them;
WHEREAS, to discourage public indifference or apathy towards the apprehension and prosecution of criminal
offenders, it is necessary to penalize acts which obstruct or frustrate or tend to obstruct or frustrate the
successful apprehension and prosecution of criminal offenders;
(h) threatening directly or indirectly another with the infliction of any wrong upon his person, honor or
property or that of any immediate member or members of his family in order to prevent such person
from appearing in the investigation of, or official proceedings in, criminal cases, or imposing a condition,
whether lawful or unlawful, in order to prevent a person from appearing in the investigation of or in
official proceedings in, criminal cases;
(i) giving of false or fabricated information to mislead or prevent the law enforcement agencies from
apprehending the offender or from protecting the life or property of the victim; or fabricating information
from the data gathered in confidence by investigating authorities for purposes of background
information and not for publication and publishing or disseminating the same to mislead the investigator
or to the court.

NOW, THEREFORE, I, FERDINAND, E. MARCOS, President of the Philippines, by virtue of the powers vested If any of the acts mentioned herein is penalized by any other law with a higher penalty, the higher penalty shall
in me by law do hereby decree and order the following: be imposed.

Section 1. The penalty of prision correccional in its maximum period, or a fine ranging from 1,000 to 6,000
pesos, or both, shall be imposed upon any person who knowingly or willfully obstructs, impedes, frustrates or
delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any
of the following acts:
Section 2. If any of the foregoing acts is committed by a public official or employee, he shall in addition to the
penalties provided thereunder, suffer perpetual disqualification from holding public office.
Section 3. This Decree shall take effect immediately.

(a) preventing witnesses from testifying in any criminal proceeding or from reporting the commission of
any offense or the identity of any offender/s by means of bribery, misrepresentation, deceit, intimidation, Done in the City of Manila, this 16th day of January, in the year of Our Lord, nineteen hundred and eighty-one.
force or threats;

(b) altering, destroying, suppressing or concealing any paper, record, document, or object, with intent to
impair its verity, authenticity, legibility, availability, or admissibility as evidence in any investigation of or
official proceedings in, criminal cases, or to be used in the investigation of, or official proceedings in,
criminal cases;

(c) harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable
ground to believe or suspect, has committed any offense under existing penal laws in order to prevent
his arrest prosecution and conviction;

(d) publicly using a fictitious name for the purpose of concealing a crime, evading prosecution or the
execution of a judgment, or concealing his true name and other personal circumstances for the same
purpose or purposes;

(e) delaying the prosecution of criminal cases by obstructing the service of process or court orders or
disturbing proceedings in the fiscal's offices, in Tanodbayan, or in the courts;

(f) making, presenting or using any record, document, paper or object with knowledge of its falsity and
with intent to affect the course or outcome of the investigation of, or official proceedings in, criminal
cases;
Republic Act No. 7080 July 12, 1991
AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Definition of Terms - As used in this Act, the term -
a) Public Officer means any person holding any public office in the Government of the Republic of the Philippines
by virtue of an appointment, election or contract.
b) Government includes the National Government, and any of its subdivisions, agencies or instrumentalities,
including government-owned or -controlled corporations and their subsidiaries.
c) Person includes any natural or juridical person, unless the context indicates otherwise.
d) Ill-gotten wealth means any asset, property, business enterprise or material possession of any person within
the purview of Section Two (2) hereof, acquired by him directly or indirectly through dummies, nominees, agents,
subordinates and/or business associates by any combination or series of the following means or similar
schemes:
1) Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury;
2) By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of
pecuniary benefit from any person and/or entity in connection with any government contract or project or by
reason of the office or position of the public officer concerned;
3) By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any
of its subdivisions, agencies or instrumentalities or government-owned or -controlled corporations and their
subsidiaries;
4) By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of
interest or participation including promise of future employment in any business enterprise or undertaking;
5) By establishing agricultural, industrial or commercial monopolies or other combinations and/or implementation
of decrees and orders intended to benefit particular persons or special interests; or
The court shall declare any and all ill-gotten wealth and their interests and other incomes and assets including
the properties and shares of stock derived from the deposit or investment thereof forfeited in favor of the State.
Section 3. Competent Court - Until otherwise provided by law, all prosecutions under this Act shall be within the
original jurisdiction of the Sandiganbayan.
Section 4. Rule of Evidence - For purposes of establishing the crime of plunder, it shall not be necessary to
prove each and every criminal act done by the accused in furtherance of the scheme or conspiracy to amass,
accumulate or acquire ill-gotten wealth, it being sufficient to establish beyond reasonable doubt a pattern of overt
or criminal acts indicative of the overall unlawful scheme or conspiracy.
Section 5. Suspension and Loss of Benefits - Any public officer against whom any criminal prosecution under
a valid information under this Act in whatever stage of execution and mode of participation, is pending in court,
shall be suspended from office. Should he be convicted by final judgment, he shall lose all retirement or gratuity
benefits under any law, but if he is acquitted, he shall be entitled to reinstatement and to the salaries and other
benefits which he failed to receive during suspension, unless in the meantime, administrative proceedings have
been filed against him.
Section 6. Prescription of Crimes - The crime punishable under this Act shall prescribe in twenty (20) years.
However, the right of the State to recover properties unlawfully acquired by public officers from them or from their
nominees or transferees shall not be barred by prescription, laches, or estoppel.
Section 7. Separability of Provisions - If any provisions of this Act or the application thereof to any person or
circumstance is held invalid, the remaining provisions of this Act and the application of such provisions to other
persons or circumstances shall not be affected thereby.
Section 8. Scope - This Act shall not apply to or affect pending prosecutions or proceedings, or those which
may be instituted under Executive Order No. 1, issued and promulgated on February 28, 1986.
Section 9. Effectivity - This Act shall take effect after fifteen (15) days from its publication in the Official Gazette
and in a newspaper of general circulation.
Approved: July 12, 1991

6) By taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich
himself or themselves at the expense and to the damage and prejudice of the Filipino people and the Republic of
the Philippines.

See Section 2 As amended by Section 12 of RA No.7659

Section 2. Definition of the Crime of Plunder; Penalties - Any public officer who, by himself or in connivance
with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other
persons, amasses, accumulates or acquires ill-gotten wealth through a combination or series of overt or criminal
acts as described in Section 1(d) hereof, in the aggregate amount or total value of at least Seventy-five million
pesos (P75,000,000.00), shall be guilty of the crime of plunder and shall be punished by life imprisonment with
perpetual absolute disqualification from holding any public office. Any person who participated with said public
officer in the commission of plunder shall likewise be punished. In the imposition of penalties, the degree of
participation and the attendance of mitigating and extenuating circumstances shall be considered by the court.
REPUBLIC ACT No. 3019
ANTI-GRAFT AND CORRUPT PRACTICES ACT
Section 1. Statement of policy. It is the policy of the Philippine Government, in line with the principle that a public
office is a public trust, to repress certain acts of public officers and private persons alike which constitute graft or
corrupt practices or which may lead thereto.
Section 2. Definition of terms. As used in this Act, that term
(a) "Government" includes the national government, the local governments, the government-owned and
government-controlled corporations, and all other instrumentalities or agencies of the Republic of the
Philippines and their branches.
(b) "Public officer" includes elective and appointive officials and employees, permanent or temporary,
whether in the classified or unclassified or exempt service receiving compensation, even nominal, from
the government as defined in the preceding subparagraph.
(c) "Receiving any gift" includes the act of accepting directly or indirectly a gift from a person other than
a member of the public officer's immediate family, in behalf of himself or of any member of his family or
relative within the fourth civil degree, either by consanguinity or affinity, even on the occasion of a family
celebration or national festivity like Christmas, if the value of the gift is under the circumstances
manifestly excessive.
(d) "Person" includes natural and juridical persons, unless the context indicates otherwise.
Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers already
penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby
declared to be unlawful:
(a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of
rules and regulations duly promulgated by competent authority or an offense in connection with the
official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such
violation or offense.
(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for
himself or for any other person, in connection with any contract or transaction between the Government
and any other part, wherein the public officer in his official capacity has to intervene under the law.
(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit,
for himself or for another, from any person for whom the public officer, in any manner or capacity, has
secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the
help given or to be given, without prejudice to Section thirteen of this Act.
(d) Accepting or having any member of his family accept employment in a private enterprise which has
pending official business with him during the pendency thereof or within one year after its termination.
(e) Causing any undue injury to any party, including the Government, or giving any private party any
unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial
functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision
shall apply to officers and employees of offices or government corporations charged with the grant of
licenses or permits or other concessions.
(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a
reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly,
from any person interested in the matter some pecuniary or material benefit or advantage, or for the
purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any
other interested party.
(g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the public officer profited or will profit thereby.
(h) Director or indirectly having financing or pecuniary interest in any business, contract or transaction in
connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by
the Constitution or by any law from having any interest.
(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any
transaction or act requiring the approval of a board, panel or group of which he is a member, and which
exercises discretion in such approval, even if he votes against the same or does not participate in the
action of the board, committee, panel or group.
Interest for personal gain shall be presumed against those public officers responsible for the approval of
manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which
they belong.
(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not
qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere
representative or dummy of one who is not so qualified or entitled.
(k) Divulging valuable information of a confidential character, acquired by his office or by him on
account of his official position to unauthorized persons, or releasing such information in advance of its
authorized release date.
The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and (c); or
offering or giving to the public officer the employment mentioned in subparagraph (d); or urging the divulging or
untimely release of the confidential information referred to in subparagraph (k) of this section shall, together with
the offending public officer, be punished under Section nine of this Act and shall be permanently or temporarily
disqualified in the discretion of the Court, from transacting business in any form with the Government.
Section 4. Prohibition on private individuals. (a) It shall be unlawful for any person having family or close
personal relation with any public official to capitalize or exploit or take advantage of such family or close personal
relation by directly or indirectly requesting or receiving any present, gift or material or pecuniary advantage from
any other person having some business, transaction, application, request or contract with the government, in
which such public official has to intervene. Family relation shall include the spouse or relatives by consanguinity
or affinity in the third civil degree. The word "close personal relation" shall include close personal friendship,
social and fraternal connections, and professional employment all giving rise to intimacy which assures free
access to such public officer.
 (b) It shall be unlawful for any person knowingly to induce or cause any public official to commit any of
the offenses defined in Section 3 hereof.
Section 5. Prohibition on certain relatives. It shall be unlawful for the spouse or for any relative, by consanguinity
or affinity, within the third civil degree, of the President of the Philippines, the Vice-President of the Philippines,
the President of the Senate, or the Speaker of the House of Representatives, to intervene, directly or indirectly,
in any business, transaction, contract or application with the Government: Provided, That this section shall not
apply to any person who, prior to the assumption of office of any of the above officials to whom he is related, has
been already dealing with the Government along the same line of business, nor to any transaction, contract or
application already existing or pending at the time of such assumption of public office, nor to any application filed
by him the approval of which is not discretionary on the part of the official or officials concerned but depends
upon compliance with requisites provided by law, or rules or regulations issued pursuant to law, nor to any act
lawfully performed in an official capacity or in the exercise of a profession.
Section 6. Prohibition on Members of Congress. It shall be unlawful hereafter for any Member of the Congress
during the term for which he has been elected, to acquire or receive any personal pecuniary interest in any
specific business enterprise which will be directly and particularly favored or benefited by any law or resolution
authored by him previously approved or adopted by the Congress during the same term.
The provision of this section shall apply to any other public officer who recommended the initiation in Congress of
the enactment or adoption of any law or resolution, and acquires or receives any such interest during his
incumbency.
It shall likewise be unlawful for such member of Congress or other public officer, who, having such interest prior
to the approval of such law or resolution authored or recommended by him, continues for thirty days after such
approval to retain such interest.
Section 7. Statement of assets and liabilities. Every public officer, within thirty days after the approval of this Act
or after assuming office, and within the month of January of every other year thereafter, as well as upon the
expiration of his term of office, or upon his resignation or separation from office, shall prepare and file with the
office of the corresponding Department Head, or in the case of a Head of Department or chief of an independent
office, with the Office of the President, or in the case of members of the Congress and the officials and
employees thereof, with the Office of the Secretary of the corresponding House, a true detailed and sworn
statement of assets and liabilities, including a statement of the amounts and sources of his income, the amounts
of his personal and family expenses and the amount of income taxes paid for the next preceding calendar year:
Provided, That public officers assuming office less than two months before the end of the calendar year, may file
their statements in the following months of January.
Section 8. Dismissal due to unexplained wealth. If in accordance with the provisions of Republic Act Numbered
One thousand three hundred seventy-nine, a public official has been found to have acquired during his
incumbency, whether in his name or in the name of other persons, an amount of property and/or money
manifestly out of proportion to his salary and to his other lawful income, that fact shall be a ground for dismissal
or removal. Properties in the name of the spouse and unmarried children of such public official may be taken into
consideration, when their acquisition through legitimate means cannot be satisfactorily shown. Bank deposits
shall be taken into consideration in the enforcement of this section, notwithstanding any provision of law to the
contrary.
Section 9. Penalties for violations. (a) Any public officer or private person committing any of the unlawful acts or
omissions enumerated in Sections 3, 4, 5 and 6 of this Act shall be punished with imprisonment for not less than
one year nor more than ten years, perpetual disqualification from public office, and confiscation or forfeiture in
favor of the Government of any prohibited interest and unexplained wealth manifestly out of proportion to his
salary and other lawful income.
Any complaining party at whose complaint the criminal prosecution was initiated shall, in case of conviction of the
accused, be entitled to recover in the criminal action with priority over the forfeiture in favor of the Government,
the amount of money or the thing he may have given to the accused, or the value of such thing.
(b) Any public officer violation any of the provisions of Section 7 of this Act shall be punished by a fine of
not less than one hundred pesos nor more than one thousand pesos, or by imprisonment not exceeding
one year, or by both such fine and imprisonment, at the discretion of the Court.
The violation of said section proven in a proper administrative proceeding shall be sufficient cause for removal or
dismissal of a public officer, even if no criminal prosecution is instituted against him.
Section 10. Competent court. Until otherwise provided by law, all prosecutions under this Act shall be within the
original jurisdiction of the proper Court of First Instance.
Section 11. Prescription of offenses. All offenses punishable under this Act shall prescribe in ten years.
Section 12. Termination of office. No public officer shall be allowed to resign or retire pending an investigation,
criminal or administrative, or pending a prosecution against him, for any offense under this Act or under the
provisions of the Revised Penal Code on bribery.
Section 13. Suspension and loss of benefits. Any public officer against whom any criminal prosecution under a
valid information under this Act or under the provisions of the Revised Penal Code on bribery is pending in court,
shall be suspended from office. Should he be convicted by final judgment, he shall lose all retirement or gratuity
benefits under any law, but if he is acquitted, he shall be entitled to reinstatement and to the salaries and benefits
which he failed to receive during suspension, unless in the meantime administrative proceedings have been filed
against him.
Section 14. Exception. Unsolicited gifts or presents of small or insignificant value offered or given as a mere
ordinary token of gratitude or friendship according to local customs or usage, shall be excepted from the
provisions of this Act.
Nothing in this Act shall be interpreted to prejudice or prohibit the practice of any profession, lawful trade or
occupation by any private person or by any public officer who under the law may legitimately practice his
profession, trade or occupation, during his incumbency, except where the practice of such profession, trade or
occupation involves conspiracy with any other person or public official to commit any of the violations penalized
in this Act.
Section 15. Separability clause. If any provision of this Act or the application of such provision to any person or
circumstances is declared invalid, the remainder of the Act or the application of such provision to other persons
or circumstances shall not be affected by such declaration.
Section 16. Effectivity. This Act shall take effect on its approval, but for the purpose of determining unexplained
wealth, all property acquired by a public officer since he assumed office shall be taken into consideration.
Approved: August 17, 1960
PRESIDENTIAL DECREE No. 1612
ANTI-FENCING LAW OF 1979
WHEREAS, reports from law enforcement agencies reveal that there is rampant robbery and thievery of
government and private properties;
WHEREAS, such robbery and thievery have become profitable on the part of the lawless elements because of
the existence of ready buyers, commonly known as fence, of stolen properties;lawphil.net
WHEREAS, under existing law, a fence can be prosecuted only as an accessory after the fact and punished
lightly;
WHEREAS, is imperative to impose heavy penalties on persons who profit by the effects of the crimes of robbery
and theft.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines by virtue of the powers vested in
me by the Constitution, do hereby order and decree as part of the law of the land the following:
Section 1. Title. This decree shall be known as the Anti-Fencing Law.
Section 2. Definition of Terms. The following terms shall mean as follows:
(a) "Fencing" is the act of any person who, with intent to gain for himself or for another, shall buy,
receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other
manner deal in any article, item, object or anything of value which he knows, or should be known to him,
to have been derived from the proceeds of the crime of robbery or theft.
(b) "Fence" includes any person, firm, association corporation or partnership or other organization
who/which commits the act of fencing.
Section 3. Penalties. Any person guilty of fencing shall be punished as hereunder indicated:
(a) The penalty of prision mayor, if the value of the property involved is more than 12,000 pesos but not
exceeding 22,000 pesos; if the value of such property exceeds the latter sum, the penalty provided in
this paragraph shall be imposed in its maximum period, adding one year for each additional 10,000
pesos; but the total penalty which may be imposed shall not exceed twenty years. In such cases, the
penalty shall be termed reclusion temporal and the accessory penalty pertaining thereto provided in the
Revised Penal Code shall also be imposed.
(b) The penalty of prision correccional in its medium and maximum periods, if the value of the property
robbed or stolen is more than 6,000 pesos but not exceeding 12,000 pesos.
(c) The penalty of prision correccional in its minimum and medium periods, if the value of the property
involved is more than 200 pesos but not exceeding 6,000 pesos.
(d) The penalty of arresto mayor in its medium period to prision correccional in its minimum period, if the
value of the property involved is over 50 pesos but not exceeding 200 pesos.
(e) The penalty of arresto mayor in its medium period if such value is over five (5) pesos but not
exceeding 50 pesos.
(f) The penalty of arresto mayor in its minimum period if such value does not exceed 5 pesos.
Section 4. Liability of Officials of Juridical Persons. If the fence is a partnership, firm, corporation or association,
the president or the manager or any officer thereof who knows or should have known the commission of the
offense shall be liable.
Section 5. Presumption of Fencing. Mere possession of any good, article, item, object, or anything of value
which has been the subject of robbery or thievery shall be prima facie evidence of fencing.
Section 6. Clearance/Permit to Sell/Used Second Hand Articles. For purposes of this Act, all stores,
establishments or entities dealing in the buy and sell of any good, article item, object of anything of value
obtained from an unlicensed dealer or supplier thereof, shall before offering the same for sale to the public,
secure the necessary clearance or permit from the station commander of the Integrated National Police in the
town or city where such store, establishment or entity is located. The Chief of Constabulary/Director General,
Integrated National Police shall promulgate such rules and regulations to carry out the provisions of this section.
Any person who fails to secure the clearance or permit required by this section or who violates any of the
provisions of the rules and regulations promulgated thereunder shall upon conviction be punished as a
fence. lawphi1.net
Section 7. Repealing Clause. All laws or parts thereof, which are inconsistent with the provisions of this Decree
are hereby repealed or modified accordingly.
Section 8. Effectivity. This Decree shall take effect upon approval.
Done in the City of Manila, this 2nd day of March, in the year of Our Lord, nineteen hundred and seventy-nine.
RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS OF SECTION 6 OF PRESIDENTIAL
DECREE NO. 1612, KNOWN AS THE ANTI-FENCING LAW.
Pursuant to Section 6 of Presidential Decree No. 1612, known as the Anti-Fencing Law, the following rules and
regulations are hereby promulgated to govern the issuance of clearances/permits to sell used secondhand
articles obtained from an unlicensed dealer or supplier thereof:
I. Definition of Terms
1. "Used secondhand article" shall refer to any goods, article, item, object or anything of value obtained
from an unlicensed dealer or supplier, regardless of whether the same has actually or in fact been used.
 2. "Unlicensed dealer/supplier" shall refer to any persons, partnership, firm, corporation, association or
any other entity or establishment not licensed by the government to engage in the business of dealing in
or of supplying the articles defined in the preceding paragraph.
3. "Store", "establishment" or "entity" shall be construed to include any individual dealing in the buying
and selling used secondhand articles, as defined in paragraph hereof.
4. "Buy and Sell" refer to the transaction whereby one purchases used secondhand articles for the
purpose of resale to third persons.
5. "Station Commander" shall refer to the Station Commander of the Integrated National Police within
the territorial limits of the town or city district where the store, establishment or entity dealing in the
buying and selling of used secondhand articles is located.
II. Duty to Procure Clearance or Permit
1. No person shall sell or offer to sell to the public any used secondhand article as defined herein
without first securing a clearance or permit for the purpose from the proper Station Commander of the
Integrated National Police.
2. If the person seeking the clearance or permit is a partnership, firm, corporation, or association or
group of individuals, the clearance or permit shall be obtained by or in the name of the president,
manager or other responsible officer-in-charge thereof.
3. If a store, firm, corporation, partnership, association or other establishment or entity has a branch or
subsidiary and the used secondhand article is acquired by such branch or subsidiary for sale to the
public, the said branch or subsidiary shall secure the required clearance or permit.
4. Any goods, article, item, or object or anything of value acquired from any source for which no receipt
or equivalent document evidencing the legality of its acquisition could be presented by the present
possessor or holder thereof, or the covering receipt, or equivalent document, of which is fake, falsified
or irregularly obtained, shall be presumed as having been acquired from an unlicensed dealer or
supplier and the possessor or holder thereof must secure the required clearance or permit before the
same can be sold or offered for sale to the public.
III. Procedure for Procurement of Clearances or Permits
1. The Station Commanders concerned shall require the owner of a store or the president, manager or
responsible officer-in-charge of a firm, establishment or other entity located within their respective
jurisdictions and in possession of or having in stock used secondhand articles as defined herein, to
submit an initial affidavit within thirty (30) days from receipt of notice for the purpose thereof and
subsequent affidavits once every fifteen (15) days within five (5) days after the period covered, which
shall contain:
(a) A complete inventory of such articles acquired daily from whatever source and the names
and addresses of the persons from whom such articles were acquired.
(b) A full list of articles to be sold or offered for sale as well as the place where the date when
the sale or offer for sale shall commence.
(c) The place where the articles are presently deposited or kept in stock.
The Station Commander may, at his discretion when the circumstances of each case warrant, require
that the affidavit submitted be accompanied by other documents showing proof of legitimacy of the
acquisition of the articles.
2. A party required to secure a clearance or permit under these rules and regulations shall file an
application therefor with the Station Commander concerned. The application shall state:
(a) The name, address and other pertinent circumstances of the persons, in case of an
individual or, in the case of a firm, corporation, association, partnership or other entity, the
name, address and other pertinent circumstances of the president, manager or officer-in-
charge.
(b) The article to be sold or offered for sale to the public and the name and address of the
unlicensed dealer or supplier from whom such article was acquired.
In support of the application, there shall be attached to it the corresponding receipt or other equivalent
document to show proof of the legitimacy of acquisition of the article.
3. The Station Commander shall examine the documents attached to the application and may require
the presentation of other additional documents, if necessary, to show satisfactory proof of the legitimacy
of acquisition of the article, subject to the following conditions:
(a) If the legitimacy of acquisition of any article from an unlicensed source cannot be
satisfactorily established by the documents presented, the Station Commander shall, upon
approval of the INP Superintendent in the district and at the expense of the party seeking the
clearance/permit, cause the publication of a notice in a newspaper of general circulation for
two (2) successive days enumerating therein the articles acquired from an unlicensed dealer or
supplier, the names and addresses of the persons from whom they were acquired and shall
state that such articles are to be sold or offered for sale to the public at the address of the
store, establishment or other entity seeking the clearance/permit. In places where no
newspapers are in general circulation, the party seeking the clearance or permit shall, instead,
post a notice daily for one week on the bulletin board of the municipal building of the town
where the store, firm, establishment or entity concerned is located or, in the case of an
individual, where the articles in his possession are to be sold or offered for sale.
(b) If after 15 days, upon expiration of the period of publication or of the notice referred to in
the preceding paragraph, no claim is made with respect to any of the articles enumerated in
the notice, the Station Commander shall issue the clearance or permit sought.
(c) If, before expiration of the same period for publication of the notice or its posting, it shall
appear that any of the articles in question is stolen property, the Station Commander shall hold
the article in restraint as evidence in any appropriate case to be filed. Articles held in restraint
shall be kept and disposed of as the circumstances of each case permit, taking into account all
 considerations of right and justice in the case. In any case where any article is held in restraint,
it shall be the duty of the Station Commander concerned to advise/notify the Commission on
Audit of the case and comply with such procedure as may be proper under applicable existing
laws, rules and regulations.
4. The Station Commander concerned shall, within seventy-two (72) hours from receipt of the
application, act thereon by either issuing the clearance/permit requested or denying the same. Denial of
an application shall be in writing and shall state in brief the reason/s therefor.
5. The application, clearance/permit or the denial thereof, including such other documents as may be
pertinent in the implementation of Section 6 of P.D. No. 1612 shall be in the forms prescribed in
Annexes "A", "B", "C", "D", and "E" hereof, which are made integral parts of these rules and regulations.
6. For the issuance of clearances/permit required under Section 6 of P.D. No. 1612, no fee shall be
charged.
IV. Appeals
Any party aggrieved by the action taken by the Station Commander may elevate the decision taken in the case to
the proper INP District Superintendent and, if he is still dissatisfied therewith may take the same on appeal to the
INP Director. The decision of the INP Director may also be appealed to the INP Director-General whose decision
may likewise be appealed to the Minister of National Defense. The decision of the Minister of National Defense
on the case shall be final. The appeal against the decision taken by a Commander lower than the INP Director-
General should be filed to the next higher Commander within ten (10) days from receipt of notice of the decision.
The decision of the INP Director-General should be appealed within fifteen (15) days from receipt of notice of the
decision.
V. Penalties
1. Any person who fails to secure the clearance or permit required by Section 6 of P.D. 1612 or who
violates any of the provisions of these rules and regulations shall upon conviction be punished as a
fence.
2. The INP Director-General shall recommend to the proper authority the cancellation of the business
license of the erring individual, store, establishment or the entity concerned.
3. Articles obtained from unlicensed sources for sale or offered for sale without prior compliance with
the provisions of Section 6 of P.D. No. 1612 and with these rules and regulations shall be held in
restraint until satisfactory evidence or legitimacy of acquisition has been established.
4. Articles for which no satisfactory evidence of legitimacy of acquisition is established and which are
found to be stolen property shall likewise be held under restraint and shall, furthermore, be subject to
confiscation as evidence in the appropriate case to be filed. If, upon termination of the case, the same is
not claimed by their legitimate owners, the article/s shall be forfeited in favor of the government and
made subject to disposition as the circumstances warrant in accordance with applicable existing laws,
rules and regulations. The Commission on Audit shall, in all cases, be notified.
5. Any personnel of the Integrated National Police found violating the provisions of Section 6 of P.D. No.
1612 or any of its implementing rules and regulations or who, in any manner whatsoever, connives with
or through his negligence or inaction makes possible the commission of such violations by any party
required to comply with the law and its implementing rules and regulations, shall be prosecuted
criminally without prejudice to the imposition of administrative penalties.
VI. Visitorial Power
It shall be the duty of the owner of the store or of the president, manager or responsible officer-in-charge of any
firm, establishment or other entity or of an individual having in his premises articles to be sold or offered for sale
to the public to allow the Station Commander or his authorized representative to exercise visitorial powers. For
this purpose, however, the power to conduct visitations shall be exercise only during office or business hours and
upon authority in writing from and by the INP Superintendent in the district and for the sole purpose of
determining whether articles are kept in possession or stock contrary to the intents of Section 6 of P.D. No. 1612
and of these rules and regulations.
VII. Other Duties Imposed Upon Station Commanders and INP District Superintendent and Directors Following
Action on Applications for Clearances or Permits
1. At the end of each month, it shall be the duty of the Station Commander concerned to:
(a) Make and maintain a file in his office of all clearances/permit issued by him.
(b) Submit a full report to the INP District Superintendent on the number of applications for
clearances or permits processed by his office, indicating therein the number of
clearances/permits issued and the number of applications denied. The report shall state the
reasons for denial of an application and the corresponding follow-up actions taken and shall be
accompanied by an inventory of the articles to be sold or offered for sale in his jurisdiction.
2. The INP District Superintendent shall, on the basis of the reports submitted by the Station
Commander, in turn submit quarterly reports to the appropriate INP Director containing a consolidation
of the information stated in the reports of Station Commanders in his jurisdiction.
3. Reports from INP District Superintendent shall serve as basis for a consolidated report to be
submitted semi-annually by INP Directors to the Director-General, Integrated National Police.
4. In all cases, reports emanating from the different levels of the Integrated National Police shall be
accompanied with full and accurate inventories of the articles acquired from unlicensed dealers or
suppliers and proposed to be sold or offered for sale in the jurisdictions covered by the report.
These implementing rules and regulations, having been published in a newspaper of national circulation, shall
take effect on June 15, 1979.
FOR THE CHIEF OF CONSTABULARY DIRECTOR-GENERAL, INP:

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 amended to read as follows:
"SEC. 6. Definition. - For purposes of this Act, illegal recruitment shall mean any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring, or procuring workers and includes referring, contract services,
promising or advertising for employment abroad, whether for profit or not, when undertaken by non-licensee or
non-holder of authority contemplated under Article 13(f) of Presidential Decree No. 442, as amended, otherwise
known as the Labor Code of the Philippines: Provided, That any such non-licensee or non-holder who, in any
manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. It
shall likewise include the following acts, whether committed by any person, whether a non-licensee, non-holder,
licensee or holder of authority:
"(a) To charge or accept directly or indirectly any amount greater than that specified in the
schedule of allowable fees prescribed by the Secretary of Labor and Employment, or to make
a worker pay or acknowledge any amount greater than that actually received by him as a loan
or advance;
"(b) To furnish or publish any false notice or information or document in relation to recruitment
or employment;
"(c) To give any false notice, testimony, information or document or commit any act of
misrepresentation for the purpose of securing a license or authority under the Labor Code, or
for the purpose of documenting hired workers with the POEA, which include the act of
reprocessing workers through a job order that pertains to nonexistent work, work different from
the actual overseas work, or work with a different employer whether registered or not with the
POEA;
"(d) To include or attempt to induce a worker already employed to quit his employment in order
to offer him another unless the transfer is designed to liberate a worker from oppressive terms
and conditions of employment;
"(e) To influence or attempt to influence any person or entity not to employ any worker who has
not applied for employment through his agency or who has formed, joined or supported, or has
contacted or is supported by any union or workers' organization;
"(f) To engage in the recruitment or placement of workers in jobs harmful to public health or
morality or to the dignity of the Republic of the Philippines;
"(h) To fail to submit reports on the status of employment, placement vacancies, remittance of
foreign exchange earnings, separation from jobs, departures and such other matters or
information as may be required by the Secretary of Labor and Employment;
"(i) To substitute or alter to the prejudice of the worker, employment contracts approved and
verified by the Department of Labor and Employment from the time of actual signing thereof by
the parties up to and including the period of the expiration of the same without the approval of
the Department of Labor and Employment;
"(j) For an officer or agent of a recruitment or placement agency to become an officer or
member of the Board of any corporation engaged in travel agency or to be engaged directly or
indirectly in the management of travel agency;
"(k) To withhold or deny travel documents from applicant workers before departure for
monetary or financial considerations, or for any other reasons, other than those authorized
under the Labor Code and its implementing rules and regulations;
"(l) Failure to actually deploy a contracted worker without valid reason as determined by the
Department of Labor and Employment;
"(m) Failure to reimburse expenses incurred by the worker in connection with his
documentation and processing for purposes of deployment, in cases where the deployment
does not actually take place without the worker's fault. Illegal recruitment when committed by a
syndicate or in large scale shall be considered an offense involving economic sabotage; and
"(n) To allow a non-Filipino citizen to head or manage a licensed recruitment/manning agency.
"Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more persons
conspiring or confederating with one another. It is deemed committed in large scale if committed against three
(3) or more persons individually or as a group.
"In addition to the acts enumerated above, it shall also be unlawful for any person or entity to commit the
following prohibited acts:
"(1) Grant a loan to an overseas Filipino worker with interest exceeding eight percent (8%) per
annum, which will be used for payment of legal and allowable placement fees and make the
migrant worker issue, either personally or through a guarantor or accommodation party,
postdated checks in relation to the said loan;
"(2) Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is
required to avail of a loan only from specifically designated institutions, entities or persons;
"(3) Refuse to condone or renegotiate a loan incurred by an overseas Filipino worker after the
latter's employment contract has been prematurely terminated through no fault of his or her
own;
"(4) Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is
required to undergo health examinations only from specifically designated medical clinics,
institutions, entities or persons, except in the case of a seafarer whose medical examination
cost is shouldered by the principal/shipowner;
"(5) Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is
required to undergo training, seminar, instruction or schooling of any kind only from specifically
 designated institutions, entities or persons, except fpr recommendatory trainings mandated by
principals/shipowners where the latter shoulder the cost of such trainings;
"(6) For a suspended recruitment/manning agency to engage in any kind of recruitment activity
including the processing of pending workers' applications; and
"(7) For a recruitment/manning agency or a foreign principal/employer to pass on the overseas
Filipino worker or deduct from his or her salary the payment of the cost of insurance fees,
premium or other insurance related charges, as provided under the compulsory worker's
insurance coverage.
"The persons criminally liable for the above offenses are the principals, accomplices and accessories. In case of
juridical persons, the officers having ownership, control, management or direction of their business who are
responsible for the commission of the offense and the responsible employees/agents thereof shall be liable.
"In the filing of cases for illegal recruitment or any of the prohibited acts under this section, the Secretary of Labor
and Employment, the POEA Administrator or their duly authorized representatives, or any aggrieved person may
initiate the corresponding criminal action with the appropriate office. For this purpose, the affidavits and
testimonies of operatives or personnel from the Department of Labor and Employment, POEA and other law
enforcement agencies who witnessed the acts constituting the offense shall be sufficient to prosecute the
accused.
"In the prosecution of offenses punishable under this section, the public prosecutors of the Department of Justice
shall collaborate with the anti-illegal recruitment branch of the POEA and, in certain cases, allow the POEA
lawyers to take the lead in the prosecution. The POEA lawyers who act as prosecutors in such cases shall be
entitled to receive additional allowances as may be determined by the POEA Administrator.
"The filing of an offense punishable under this Act shall be without prejudice to the filing of cases punishable
under other existing laws, rules or regulations."1avvphi1
Section 6. Section 7 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
"SEC. 7. Penalties. -
"(a) Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of not
less than twelve (12) years and one (1) day but not more than twenty (20) years and a fine of
not less than One million pesos (P1,000,000.00) nor more than Two million pesos
(P2,000,000.00).
"(b) The penalty of life imprisonment and a fine of not less than Two million pesos
(P2,000,000.00) nor more than Five million pesos (P5,000,000.00) shall be imposed if illegal
recruitment constitutes economic sabotage as defined therein.
"Provided, however, That the maximum penalty shall be imposed if the person illegally
recruited is less than eighteen (18) years of age or committed by a non-licensee or non-holder
of authority.
"(c) Any person found guilty of any of the prohibited acts shall suffer the penalty of
imprisonment of not less than six (6) years and one (1) day but not more than twelve (12)
years and a fine of not less than Five hundred thousand pesos (P500,000.00) nor more than
One million pesos (P1,000,000.00).
"If the offender is an alien, he or she shall, in addition to the penalties herein prescribed, be deported without
further proceedings.
"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 Migration. - An interagency committee
composed of the Department of Foreign Affairs and its attached agency, the Commission on Filipinos 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 Telecommunications Commission, the Commission on Information
and 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 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.
"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.
"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.
"The inter-agency committee shall convene to identify existing data bases which shall be declassified and shared
among member agencies. These shared data bases shall initially include, but not be limited to, the following
information:
"(a) Masterlists of Filipino migrant workers/overseas Filipino classified according to
occupation/job category, civil status, by country/state of destination including visa
classification;
"(b) Inventory of pending legal cases involving Filipino migrant workers and other Filipino
nationals, including those serving prison terms;
"(c) Masterlists of departing/arriving Filipinos;
"(d) Statistical profile on Filipino migrant workers/overseas Filipinos/tourists;
"(e) Blacklisted foreigners/undesirable aliens;
"(f) Basic data on legal systems, immigration policies, marriage laws and civil and criminal
codes in receiving countries particularly those with large numbers of Filipinos;
"(g) List of Labor and other human rights instruments where receiving countries are
signatories;
"(h) A tracking system of past and present gender disaggregated cases involving male and
female migrant workers, including minors; and
"(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 created under the preceding section
shall be used exclusively6 to provide legal services to migrant workers and overseas Filipinos in distress in
accordance with the guidelines, 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 workers facing charges or in filing cases against
erring or abusive employers abroad, bail bonds to secure the temporary releases and other litigation
expenses: Provided, That at the end of every year, the Department of Foreign Affairs shall include in its report to
Congress, as provided for under Section 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
Republic Act No. 9184 or the Government Procurement Act."
Section 20. Section 32 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
"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 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 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, at least three (3) times, within ninety (90) days
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 twenty-five (25) years of age, able to read 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
"(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;
"Within thirty (30) days from the submission of the list, the President shall select and appoint from the list, the
representatives to the POEA/OWWA governing boards.
"The additional 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 this Act, appoint a
replacement who shall serve the unexpired term of his or her predecessor.
"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 attaché or, in his absence, the
embassy or consular official shall issue a certification which states the name of the case, the names of the
parties and the nature of the cause of action of the migrant worker.
"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 (Sgd.) PROSPERO C. NOGRALES (Sgd.) JUAN PONCE ENRILE
its objectives. Speaker of the House of Representatives President of the Senate

"The Oversight Committee shall adopt its internal rules of procedure, conduct hearings and receive testimonies, This Act which is a consolidation of Senate Bill No. 3286 and House Bill No. 5649 was finally passed by the
reports, and technical advice, invite or summon by subpoena ad testificandum any public official or private citizen
Senate and the House of Representatives on January 18, 2010 and December 18, 2009, respectively.
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 (Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES
secondment from the Senate and the House of Representatives or on temporary, contractual, or on consultancy, Secretary General Secretary of Senate
and determine their compensation subject to applicable civil service laws, rules and regulations with a view to House of Represenatives
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 Approved: March 8, 2010
and objectives.
(Sgd.) GLORIA MACAPAGAL-ARROYO
"The Oversight Committee shall exist for a period of ten (10) years from the effectivity of this Act and may be President of the Philippines
extended by a joint concurrent resolution."

Section 25. Implementing Rules and Regulations. - The departments and agencies charged with carrying out the The Lawphil Project - Arellano Law Foundation
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 this Act, formulate the necessary rules and regulations for its effective
implementation.
OMNIBUS RULES AND REGULATIONS IMPLEMENTING THE MIGRANT WORKERS AND OVERSEAS
Section 26. Funding. - The departments, agencies, instrumentalities, bureaus, offices and government-owned FILIPINOS ACT OF 1995, AS AMENDED BY REPUBLIC ACT NO. 10022
and controlled corporations charged with carrying out the provisions of this Act shall include in their respective
programs the implementation of this Act, the funding of which shall be included in the General Appropriations Pursuant to the authority vested by law on the Secretary of Foreign Affairs and the Secretary of Labor and
Act. The Congressional Oversight Committee on Overseas Workers Affairs shall have the sum of Twenty-five Employment, and in the light of Republic Act No. 10022, An Act Amending Republic Act No. 8042, Otherwise
million pesos (P25,000,000.00), half of which shall be charged against the current appropriations of the Senate Known as the Migrant Workers and Overseas Filipinos Act of 195, as amended, Further Improving the Standard
while the other half shall be charged against the current appropriations of the House of Representatives, to carry of Protection and Promotion of the Welfare of Migrant Workers, Their Families and Overseas Filipinos in
out its powers and functions for its initial operations and for fiscal years wherein the General Appropriations Act Distress, and For Other Purpose, the following Implementing Rules and Regulations are hereby promulgated:
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.
RULE I
GENERAL PROVISIONS
Section 27. Separability Clause. - If, for any reason, may portion of this Act is declared unconstitutional or
invalid, the same shall not affect the validity of the other provisions not affected thereby.
Section 1. Declaration of Policies.

Section 28. Repealing Clause. - All laws, decrees, executive orders, issuances, rules and regulations or parts
thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
Section 29. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at least two (2)
newspapers of general circulation.
Approved,
(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 vulnerabilities, the State shall apply gender sensitive criteria in the formulation and
implementation of policies and programs affecting migrant workers and the composition of bodies
tasked for the welfare of migrant workers.
(e) Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be
denied to any 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.
(f) The right of Filipino migrant workers and all overseas Filipinos to participate in the democratic
decision-making processes of the State and to be represented in institutions relevant to overseas
employment is recognized and guaranteed.
(g) The State recognizes that the 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 agencies. 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 that non-governmental organizations, trade unions, workers associations,
stakeholders and other 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 form part of this partnership.
RULE II
DEFINITION OF TERMS
Section 1. Definitions.
(a) Act - refers to the "Migrant Workers and Overseas Filipinos Act of 1995," as amended by Republic
Act No. 9422 and Republic Act No. 10022.
(b) Authority - refers to a document issued by the Secretary of Labor and 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
(d) Bona fide Non-Government Organizations (NGOs) - refer to non-government, civil society or faith-
based organizations duly recognized by the Philippine Embassy as active partners of the Philippine
Government in the protection of Filipino migrant workers and the promotion of their welfare.
(e) CICT - Commission on Information and Communications Technology
(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 or branch thereof
of which they are employed; or
2. Exercise the authority to hire or fire employees and lay down and execute management
policies of the recruitment/manning agency or branch thereof.
(s) Joint and several liability - refers to the liability of the principal/employer 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, shall themselves be jointly and
severally liable with the corporation or partnership for the aforesaid claims and damages.
(t) IC - Insurance Commission
(u) Irregular/Undocumented Filipino migrant workers - refer to the following:
(1) Those who acquired their passports through fraud or misrepresentation;
(2) Those who possess expired visas or permits to stay;
(3) Those who have no travel document whatsoever;
(4) Those who have valid but inappropriate visas; or
(5) Those whose employment contracts were not processed by the POEA or subsequently
verified and registered on-site by the POLO, if required by law or regulation.
(v) Labor Code - Presidential Decree No. 442, as amended
(w) License - refers to the document issued by the Secretary of Labor and Employment authorizing a
person, partnership or corporation to operate a private recruitment/manning agency.
(x) LGU - Local Government Unit
(y) Manning 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 seafarers for ships plying
international waters and for related maritime activities.
(z) NBI- National Bureau of Investigation
(aa) NCC- National Computer Center
(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 initiatives, diplomatic negotiations, judicial
decisions, programs, projects, activities and such other acts by the receiving country aimed at protecting the
rights of migrant workers.
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 taking
such positive and concrete measures to protect workers, including migrant workers. The DFA shall issue such
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. Such a certification shall be subject to review by the DFA as often as may be deemed necessary.
The POEA Governing Board shall, in a Resolution, allow only the deployment of OFWs to receiving countries
which have been certified by the DFA as compliant with the above stated guarantees.
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.
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 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
Governing Board prohibiting deployment shall be meted the same penalties in this section.
Section 3. Deployment of OFWs to Ocean-Going Ships.
The State shall also allow the deployment of OFWs to ships navigating the foreign seas or to installations located
offshore or on high seas whose owners/employers are compliant with international laws and standards that
protect the rights of migrant workers.
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 embodied in the employment contracts prescribed
by the POEA and in accordance with internationally-accepted standards.
Section 5. Deployment of Skilled 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 6. Termination or Ban on Deployment.
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 policies and procedures, prepares and
implements intensified programs
And strategies towards the eradication of illegal recruitment activities such as, but not limited to the following:
 (a) Providing legal assistance to victims of illegal recruitment and related cases which are administrative
or criminal in nature, such as but not limited to documentation and counseling.
(b) Prosecution of illegal recruiters, during preliminary investigation and during trial in collaboration with
the DOJ prosecutors;
(c) Special operations such as surveillance and closure of establishment or entities suspected to be
engaged in illegal recruitment; and
(d) Information and education campaign.
Whenever necessary, the POEA shall coordinate with other appropriate entities in the implementation of said
programs.
Section 2. Legal Assistance.
The POEA shall provide free legal service to victims of illegal recruitment and related cases which are
administrative or criminal in nature in the form of legal advice, assistance in the preparation of complaints and
supporting documents, institution of criminal actions.
Section 3. Receiving of Complaints for Illegal Recruitment.
Victims of illegal recruitment and related cases which are administrative or criminal in nature may file with the
POEA a report or complaint in writing and under oath for assistance purposes.
In regions outside the National Capital Region, complaints and reports involving illegal recruitment may be filed
with the appropriate regional office of the POEA or DOLE.
Section 4. Endorsement of Case to the Proper Prosecution Office. The POEA, 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.
During preliminary investigation, the complainant may avail of legal assistance or counseling from the POEA.
Section 5. Institution of Criminal Action. The Secretary of Labor and Employment, the POEA Administrator or the
DOLE Regional Director, or their duly authorized representatives, or any aggrieved person, may initiate the
corresponding criminal action with the appropriate office.
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 the Act shall be used exclusively
to provide legal services for Migrant Workers and Overseas Filipinos in distress in accordance with approved
guidelines, criteria and procedures of the DFA.
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;
(b) Bail bonds to secure the temporary release of workers under detention upon the recommendation of
the lawyer and the foreign service post concerned; and
(c) Court fees, charges and other reasonable litigation expenses when so recommended by their
lawyers.
RULE X
ROLE OF DOLE
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 and whenever applicable, to other overseas Filipinos, including the grant of
legal assistance and the referral to proper medical centers or hospitals.
Section 2. POLO Functions. The DOLE overseas operating arm shall be the POLO, which shall have the
following functions and responsibilities:
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;
c. Verify employment contracts and other employment-related documents;
d. Monitor and report to the Secretary of Labor and Employment on situations and policy developments
in the receiving country that may affect OFWs in particular and Philippine labor policies, in general;
e. Supervise and coordinate the operations of the Migrant Workers and Other Overseas Filipinos
Resource Center; and
f. Such other functions and responsibilities as may be assigned by the Secretary of Labor and
Employment.
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.
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 competent Filipino workers of foreign governments and their instrumentalities, and such other
employers as public interests may require, the Administration shall deploy only to countries where the Philippines
has concluded bilateral agreements or arrangements: Provided that such countries shall guarantee to protect the
rights of Filipino migrant workers; and provided further that such countries shall observe and/or comply with the
international laws and standards for migrant workers.
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 6. Jurisdiction of the POEA. The POEA shall exercise original and exclusive jurisdiction to hear and
decide:
(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.
Pre-employment/recruitment violation cases may be filed with the POEA Adjudication Office or at any
DOLE/POEA regional office of the place where the complainant applied or was recruited, at the option of the
complainant. The office where the complaint was first filed shall take cognizance of the case.
Disciplinary action cases and other special cases shall be filed with the POEA Adjudication Office.
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.
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. The NRCO is hereby created in the
Department of Labor and Employment for returning Filipino migrant workers, which shall provide the mechanism
of their reintegration into Philippine society, serve as a promotion house for their local employment, and tap their
skills and potentials for national development.
The NRCO shall, in coordination with appropriate government and non-government agencies, serve as a One-
Stop Center that shall address the multi-faceted needs of OFW-returnees and their families.
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.
The NRCO shall be attached to the Office of the Administrator of OWWA for supervision and policy guidance.
Section 15. Functions of the NRCO.
The NRCO shall undertake the following:
(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 which shall be accessible to all local recruitment agencies
and employers, both public and private;
(d) Provide a periodic study and assessment of job opportunities for returning Filipino migrant workers;
(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 of returning OFWs 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;
(h) Conduct research for policy recommendations and program development; and
(i) Undertake other programs and activities as may be determined by the Secretary of Labor and
Employment.
Section 16. Formulation of Program. The DOLE, OWWA, TESDA, and POEA 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 of savings.
D. Migrant Workers and Other Overseas Filipinos Resource Center
Section 17. Establishment of Migrant Workers and other Overseas Filipino Resource Center.
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
established within the premises of the Philippine Embassy or the Consulate and be under the administrative
jurisdiction of the Philippine Embassy.1avvphi1
When the Migrant Workers and other Overseas Filipinos Resource Center is established outside the premises of
the Embassy or Consulate, the Department of Foreign Affairs shall exert its best effort to secure appropriate
recognition from the receiving government in accordance with applicable laws and practices.
Section 18. Services. The Migrant Workers and other Overseas Filipinos Resource Center shall provide the
following services:
a. Counseling and legal services;
b. Welfare assistance including the procurement of medical and hospitalization services;
c. Information, advisory programs to promote social integration such as post-arrival orientation,
settlement and community networking services and activities for social interaction;
d. Registration of irregular/undocumented workers to bring them within the purview of the Act;
e. Implementation of DOLE and OWWA Programs;
f. Human resource development, such as training and skills upgrading;
g. Gender-sensitive programs and activities to assist particular needs of migrant workers;
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 Attaché and other service attachés 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 Attaché 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 Attaché shall supervise and coordinate
the operations of the Migrant Workers and other Overseas Filipinos Resource Center and shall keep the Chief of
Mission informed and updated on all matters affecting it at least quarterly through a written report addressed to
the Chief of Mission.
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. n) National Computer Center;

When repatriation becomes immediate and necessary, the OWWA shall advance the needed costs from the o) National Statistical and Coordination Board;
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 p) National Statistics Office;
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. q) Home Development Mutual Fund; and

Section 9. Prohibition on Bonds and Deposits. r) Other government agencies concerned with overseas employment.

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
Section 1. Composition. An Inter-Agency Committee shall be established to implement a shared government
information system for migration. The Inter-Agency Committee shall be composed of the following agencies:
Section 2. Availability, Accessibility and Linkaging of Computer Systems. Initially, the Inter-Agency Committee
shall make available to itself the 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.
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.

a) Department of Foreign Affairs: 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
b) Department of Labor and Employment and concerned attached agencies; databases shall initially include, but not be limited to, the following information:

c) Department of Justice; a) Master lists of Filipino migrant workers/overseas Filipinos classified according to occupation/job
category, civil status, by country/state of destination including visa classification;
d) Department of the Interior and Local Government;
b) Inventory of pending legal cases involving Filipino migrant workers and other Filipino migrant workers
e) Department of Health and concerned attached agencies; and other Filipino nationals, including those serving prison terms;

f) Department of Social Welfare and Development; c) Master list of departing/arriving Filipinos;

g) Department of Tourism; d) Statistical profile on Filipino migrant workers/overseas Filipinos/ tourists;

h) Insurance Commission; e) Blacklisted foreigners/undesirable aliens;

i) Commission on Filipinos Overseas; 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;
j) Bureau of Immigration;
g) List of labor and other human rights instruments where receiving countries are signatories;
k) National Bureau of Investigation;
h) A tracking system of past and present gender desegregated cases involving male and female
migrant workers, including minors; and
l) National Telecommunications Commission;
i) List of overseas posts, which may render assistance to overseas Filipinos in general, and migrant
m) Commission on Information and Communications Technology; workers, in particular.
 j) List of licensed recruiters and recruitment agencies;
k) List of accredited foreign employers;
l) List of recruiters and recruitment agencies with decided/pending criminal/civil/administrative cases,
and their dispositions; and
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 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
functions of the Inter-Agency Committee members, and for purposes envisioned by the Act.
Section 6. Regular Meetings. The Inter-Agency Committee shall meet regularly to ensure the immediate and full
implementation of Section 20 of the Act and shall explore the possibility of setting up a central storage facility for
the data on migration. The progress of the implementation shall be included in the report of the DFA and the
DOLE under Section 33 of the Act.
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.
Section 7. Secretariat.
A secretariat, which shall provide administrative and support services to the Inter-Agency Committee shall be
based in the DFA.
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.
RULE XV
MIGRANT WORKERS LOAN GUARANTEE FUND
Section 1. Definitions.
(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.
(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.
(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 Attaché or, in his absence, the
embassy or consular official shall issue a certification which states the name of the case, the names of the
parties and the nature of the cause of action of the migrant worker.
Section 10. Settlement of Money Claims. For the payment of money claims under sub-paragraph (f) of Section 2
of this Rule, the following rules shall govern:
(1) After a decision has become final and executory or a settlement/compromise agreement has been
reached between the parties at the NLRC, the Labor Arbiter shall, motu proprio or upon motion, and
following the conduct of pre-execution conference, issue a writ of execution mandating the respondent
recruitment/manning agency to pay the amount adjudged or agreed upon within thirty (30) days from
receipt thereof;
(2) The recruitment/manning agency shall then immediately file a notice of claim with its insurance
provider for the amount of liability insured, attaching therewith a copy of the decision or compromise
agreement;
(3) Within ten (10) days from the filing of notice of claim, the insurance company shall make payment to
the recruitment/manning agency the amount adjudged or agreed upon, or the amount of liability insured,
whichever is lower. After receiving the insurance payment, the recruitment/manning agency shall
immediately pay the migrant worker's claim in full, taking into account that in case the amount of
insurance coverage is insufficient to satisfy the amount adjudged or agreed upon, it is liable to pay the
balance thereof;
(4) In case the insurance company fails to make payment within ten (10) days from the filing of the
claim, the recruitment/manning agency shall pay the amount adjudged or agreed upon within the
remaining days of the thirty-day period, as provided in the first sub-paragraph hereof;
(5) If the worker's claim was not settled within the aforesaid thirty-day period, the recruitment/manning
agency's performance bond or escrow deposit shall be forthwith garnished to satisfy the migrant
worker's claim;
(6) The provision of compulsory worker's insurance under this section shall not affect the joint and
several liability of the foreign employer and the recruitment/manning agency under Section 10 of the
Act;
(7) Lawyers for the insurance companies, unless the latter are impleaded, shall be prohibited to appear
before the NLRC in money claims cases under Rule VII.
Section 11. Disputes in the Enforcement of Insurance Claims. Any question or dispute in the enforcement of any
insurance policy issued under this Rule shall be brought before the IC for mediation or adjudication.
Notwithstanding the preceding paragraph, the NLRC shall have the exclusive jurisdiction to enforce against the
recruitment/manning agency its decision, resolution or order, that has become final and executory or a
settlement/compromise agreement reached between the parties.
Section 12. Liability of Recruitment/Manning Agency. In case it is shown by substantial evidence before the
POEA that the migrant worker who was deployed by a licensed recruitment/manning agency has paid for the
premium or the cost of the insurance coverage or that the said insurance coverage was used as basis by the
recruitment/manning agency to claim any additional fee from the migrant worker, the said licensed
recruitment/manning agency shall lose its license and all its directors, partners, proprietors, officers and
employees shall be perpetually disqualified from engaging in the business of recruitment of overseas workers.
Such penalty is without prejudice to any other liability which such persons may have incurred under existing
laws, rules or regulations.
Section 13. Foreign Employers Guarantee Fund. For migrant workers recruited by the POEA on a government-
to-government arrangement, the POEA Foreign Employers Guarantee Fund referred to under Section 5, Rule X
of these Rules shall be answerable for the workers' monetary claims arising from breach of contractual
obligations.
Section 14. Optional Coverage. For migrant workers classified as rehires, name hires or direct hires, they may
opt to be covered by this insurance coverage by requesting their foreign employers to pay for the cost of the
insurance coverage or they may pay for the premium themselves. To protect the rights of these workers, the
DOLE and POEA shall provide them adequate legal assistance, including conciliation and mediation services,
whether at home or abroad.
Section 15. Formulation of Implementing Rules and Regulations. Within thirty (30) days from the effectivity of
these Rules, and pursuant to Section 37-A of the Act, the IC, as the lead agency, shall, together with DOLE,
NLRC, and POEA, in consultation with the recruitment/manning agencies and legitimate non-government
organizations advocating the rights and welfare of OFWs, issue the necessary implementing rules and
regulations, which shall include the following:
1. Qualifications of participating insurers;
2. Accreditation of insurers;
3. Uniform Standard Policy format;
4. Premium rate;
5. Benefits;
6. Underwriting Guidelines;
7. Claims procedure;
8. Dispute settlement;
9. Administrative monitoring and supervision; and
10. Other matters deemed necessary.
Within five (5) days from effectivity of these Rules, the IC shall convene the inter-agency committee to
commence the formulation of the aforesaid necessary rules and regulations.
Section 16. Assessment of Performance of Insurance Providers. At the end of every year, the DOLE and the IC
shall jointly make an assessment of the performance of all insurance providers, based upon the report of NLRC
and POEA on their respective interactions and experiences with the insurance companies, and they shall have
the authority to ban or blacklist such insurance companies which are known to be evasive or not responsive to
the legitimate claims of migrant workers. The DOLE shall include such assessment in its year-end report to
Congress.
Section 17. Automatic Review. The foregoing provisions on mandatory insurance coverage shall be subject to
automatic review through the Congressional Oversight Committee immediately after three (3) years from the
effectivity of the Act in order to determine its efficacy in favor of the covered OFWS and the compliance by
recruitment/manning agencies and insurance companies, without prejudice to an earlier review if necessary and
warranted for the purpose of modifying, amending and/or repealing these subject provisions.
RULE XVII
MISCELLANEOUS PROVISIONS
Section 1. POEA, OWWA, and other Boards. Notwithstanding any provision of law to the contrary, the
respective boards of the POEA and the OWWA shall have three (3) members each who shall come from the
women, sea-based and land-based sectors respectively, to be selected and nominated openly by the general
membership of the sector being represented.
The selection and nomination of the additional members from the women, 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
beneficiary in the availment of the DST exemption.
In case of OFWs whose remittances are sent through the banking system, credited to beneficiaries or recipient's
account in the Philippines and withdrawn through an automatic teller machine (ATM), it shall be the responsibility
of the OFW to show the valid proof of entitlement when making arrangement that for his/her remittance transfers.
A proof of entitlement that is no longer valid shall not entitle an OFW to DST payment exemption.
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.
Section 5. Establishment of the Congressional Migrant Workers Scholarship Fund.
There is hereby created a Congressional Migrant Workers Scholarship Fund which shall benefit deserving
migrant workers and/or their immediate descendants who intend to pursue courses or training primarily in the
field of science and technology, as defined by the DOST.
The fund of One Hundred Fifty Million Pesos (P150,000,000.00) shall be sourced from the proceeds of Lotto
draws.
Section 6. Creation of the Scholarship Fund Committee. There is hereby 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.
Section 7. Functions of the Scholarship Fund Committee.
(a) To set the coverage, criteria and standards of admission to the Scholarship Program;
(b) To determine the amount of availment;
(c) To monitor and evaluate the program;
(d) To identify/accredit training and testing institutions; and
(e) To perform such other functions necessary to attain the purpose of the Fund.
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.
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.