RIGHTS OF MIGRANT WORKERS them in a spirit of trust and mutual respect.
The significant contribution of
1. Int’l Convention on the Protection of the Rights of all Migrant Workers and
members of their Family
2. RA 8042
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
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 read
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
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Under Atty. Paul Chavez | 1
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,
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Under Atty. Paul Chavez | 2
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
HOOMAN Rights by: Tisay
Under Atty. Paul Chavez | 3
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
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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:
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"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
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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.
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Under Atty. Paul Chavez | 7
"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
HOOMAN Rights by: Tisay
Under Atty. Paul Chavez | 8
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:
HOOMAN Rights by: Tisay
Under Atty. Paul Chavez | 9
"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
HOOMAN Rights by: Tisay
Under Atty. Paul Chavez | 10
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
HOOMAN Rights by: Tisay
Under Atty. Paul Chavez | 11
providers, based upon the report of the NLRC and the POEA on their respective
interactions and experiences with the insurance companies, and they shall
have the authority to ban or blacklist such insurance companies which are
known to be evasive or not responsive to the legitimate claims of migrant
workers. The Department of Labor and Employment shall include such
assessment in its year-end report to Congress.
"For purposes of this section, the Department of Labor and Employment, IC,
NLRC and the POEA, in consultation with the recruitment/manning agencies
and legitimate non-government organizations advocating the rights and
welfare of overseas Filipino workers, shall formulate the necessary
implementing rules and regulations.
"The foregoing provisions on compulsory insurance coverage shall be subject
to automatic review through the Congressional Oversight Committee
immediately after three (3) years from the effectivity of this Act in order to
determine its efficacy in favor of the covered overseas Filipino workers and
the compliance by recruitment/manning agencies and insurance companies,
without prejudice to an earlier review if necessary and warranted for the
purpose of modifying, amending and/or repealing these subject provisions.
Section 24. A new Section 37-B of Republic Act No. 8042, as amended, is hereby added
to read as follows:
"Sec. 37-B. Congressional Oversight Committee. - There is hereby created a
Joint Congressional Oversight Committee composed of five (5) Senators and
five (5) Representatives to be appointed by the Senate President and the
Speaker of the House of Representatives, respectively. The Oversight
Committee shall be co-chaired by the chairpersons of the Senate Committee
on Labor and Employment and the House of Representatives Committee on
Overseas Workers Affairs. The Oversight Committee shall have the following
duties and functions:
"(a) To set the guidelines and overall framework to monitor and ensure the
proper implementation of Republic Act No. 8042, as amended, as well as all
programs, projects and activities related to overseas employment;
"(b) To ensure transparency and require the submission of reports from
concerned government agencies on the conduct of programs, projects and
policies relating to the implementation of Republic Act No. 8042, as amended;
"(c) To approve the budget for the programs of the Oversight Committee and
all disbursements therefrom, including compensation of all personnel;
"(d) To submit periodic reports to the President of the Philippines and
Congress on the implementation of the provisions of Republic Act No. 8042, as
amended;
"(e) To determine weaknesses in the law and recommend the necessary
remedial legislation or executive measures; and
"(f) To perform such other duties, functions and responsibilities as may be
necessary to attain its objectives.
"The Oversight Committee shall adopt its internal rules of procedure, conduct
hearings and receive testimonies, reports, and technical advice, invite or
summon by subpoena ad testificandum any public official or private citizen to
testify before it, or require any person by subpoena duces tecum documents or
other materials as it may require consistent with the provisions of Republic
Act No. 8042, as amended.
"The Oversight Committee shall organize its staff and technical panel, and
appoint such personnel, whether on secondment from the Senate and the
House of Representatives or on temporary, contractual, or on consultancy, and
determine their compensation subject to applicable civil service laws, rules
and regulations with a view to ensuring a competent and efficient secretariat.
"The members of the Oversight Committee shall not receive additional
compensation, allowances or emoluments for services rendered thereto
except traveling, extraordinary and other necessary expenses to attain its
goals and objectives.
"The Oversight Committee shall exist for a period of ten (10) years from the
effectivity of this Act and may be extended by a joint concurrent resolution."
Section 25. Implementing Rules and Regulations. - The departments and agencies
charged with carrying out the provisions of this Act, except as otherwise provided
herein, in consultation with the Senate Committee on Labor and Employment and the
House of Representatives Committee on Overseas Workers Affairs, shall, within sixty
(60) days after the effectivity of this Act, formulate the necessary rules and regulations
for its effective implementation.
Section 26. Funding. - The departments, agencies, instrumentalities, bureaus, offices
and government-owned 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 Act. The
Congressional Oversight Committee on Overseas Workers Affairs shall have the sum of
Twenty-five million pesos (P25,000,000.00), half of which shall be charged against the
current appropriations of the Senate while the other half shall be charged against the
current appropriations of the House of Representatives, to carry out its powers and
functions for its initial operations and for fiscal years wherein the General
Appropriations Act is reenacted and no provision for its continued operation is included
in such Act. Thereafter, such amount necessary for its continued operations shall be
included in the annual General Appropriations Act.
HOOMAN Rights by: Tisay
Under Atty. Paul Chavez | 12
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 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.
Pursuant to the authority vested by law on the Secretary of Foreign Affairs and the
Secretary of Labor and Employment, and in the light of Republic Act No. 10022, An Act
Amending Republic Act No. 8042, Otherwise Known as the Migrant Workers and
Overseas Filipinos Act of 195, as amended, Further Improving the Standard of
Protection and Promotion of the Welfare of Migrant Workers, Their Families and
Overseas Filipinos in Distress, and For Other Purpose, the following Implementing Rules
and Regulations are hereby promulgated:

Section 29. Effectivity. - This Act shall take effect fifteen (15) days after its publication RULE I
in at least two (2) newspapers of general circulation. GENERAL PROVISIONS

Approved, Section 1. Declaration of Policies.

(a) In the pursuit of an independent foreign policy and while considering national
sovereignty, territorial integrity, national interest and the right to self-determination
(Sgd.) PROSPERO C. NOGRALES (Sgd.) JUAN PONCE ENRILE
paramount in its relations with other states, the State shall, at all times, uphold the
Speaker of the House of President of the Senate
dignity of its citizens whether in the country or overseas, in general, and Filipino
Representatives
migrant workers, in particular, continuously monitor international conventions,
adopt/be signatory to and ratify those that guarantee protection to our migrant
This Act which is a consolidation of Senate Bill No. 3286 and House Bill No. 5649 was workers, and endeavor to enter into bilateral agreements with countries hosting
finally passed by the Senate and the House of Representatives on January 18, 2010 and overseas Filipino workers.
December 18, 2009, respectively.
(b) The State shall afford full protection to labor, local and overseas, organized and
unorganized, and promote full employment and equality of employment opportunities
(Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES for all. Towards this end, the State shall provide adequate and timely social, economic
Secretary General Secretary of Senate and legal services to Filipino migrant workers.
House of Represenatives
(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
Approved: March 8, 2010 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,
(Sgd.) GLORIA MACAPAGAL-ARROYO
shall continuously create local employment opportunities and promote the equitable
President of the Philippines
distribution of wealth and the benefits of development.

(d) The State affirms the fundamental equality before the law of women and men and
The Lawphil Project - Arellano Law Foundation
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.
OMNIBUS RULES AND REGULATIONS IMPLEMENTING THE MIGRANT WORKERS
AND OVERSEAS FILIPINOS ACT OF 1995, AS AMENDED BY REPUBLIC ACT NO.
(e) Free access to the courts and quasi-judicial bodies and adequate legal assistance
10022
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,

HOOMAN Rights by: Tisay

Under Atty. Paul Chavez | 13
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.
HOOMAN Rights by: Tisay
Under Atty. Paul Chavez | 14
(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
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(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.
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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
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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).
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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.
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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;
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(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:
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Under Atty. Paul Chavez | 21
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.
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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;
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Under Atty. Paul Chavez | 23
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
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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
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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:
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(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.
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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
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thirty (30) days from the date the POEA is officially informed of the mandatory
repatriation as provided for in the Act.
Section 7. Other Cases of Repatriation.
In all cases where the principal or agency of the worker cannot be identified, cannot be
located or had ceased operations, and the worker is in need and without means, the
OWWA personnel at the jobsite, in coordination with the DFA, shall cause the
repatriation in appropriate cases. All costs attendant to repatriation borne by the
OWWA may be charged to the Emergency Repatriation Fund provided in the Act,
without prejudice to the OWWA requiring the agency/employer/insurer or the worker
to reimburse the cost of repatriation.
Section 8. Emergency Repatriation Fund.
When repatriation becomes immediate and necessary, the OWWA shall advance the
needed costs from the Emergency Repatriation Fund without prejudice to
reimbursement by the deploying agency and/or principal, or the worker in appropriate
cases. Simultaneously, the POEA shall ask the concerned agency to work towards
reimbursement of costs advanced by the OWWA. In cases where the cost of repatriation
shall exceed One Hundred Million (P100,000,000.00) Pesos, the OWWA shall make
representation with the Office of the President for immediate funding in excess of said
amount.
Section 9. Prohibition on Bonds and Deposits.
In no case shall a private recruitment/manning agency require any bond or cash deposit
from the worker to guarantee performance under the contract or his/her repatriation.
RULE XIV
SHARED GOVERNMENT INFORMATION SYSTEM FOR MIGRATION
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:
a) Department of Foreign Affairs:
b) Department of Labor and Employment and concerned attached agencies;
c) Department of Justice;
d) Department of the Interior and Local Government;
e) Department of Health and concerned attached agencies;
f) Department of Social Welfare and Development;
g) Department of Tourism;
h) Insurance Commission;
i) Commission on Filipinos Overseas;
j) Bureau of Immigration;
k) National Bureau of Investigation;
l) National Telecommunications Commission;
m) Commission on Information and Communications Technology;
n) National Computer Center;
o) National Statistical and Coordination Board;
p) National Statistics Office;
q) Home Development Mutual Fund; and
r) Other government agencies concerned with overseas employment.
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.
Section 4. Declassification and Sharing of Existing Information. The Inter-Agency
Committee shall convene to identify existing databases, which shall be declassified and
shared among member agencies. These shared databases shall initially include, but not
be limited to, the following information:
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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;
b) Inventory of pending legal cases involving Filipino migrant workers and other
Filipino migrant workers and other Filipino nationals, including those serving prison
terms;
c) Master list 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 desegregated cases involving male and
female migrant workers, including minors; and
i) List of overseas posts, which may render assistance to overseas Filipinos in general,
and migrant 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:
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Under Atty. Paul Chavez | 30
(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
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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
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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;
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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
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Under Atty. Paul Chavez | 34
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;
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(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.
3. Definition of Recruitment and Placement
Art. 13, Labor Code
“Recruitment and placement” refers to any act of canvassing, enlisting, contracting,
transporting, utilizing, hiring or procuring workers, and includes referrals, contract
services, promising or advertising for employment, locally or abroad, whether for
profit or not: Provided, That any person or entity which, in any manner, offers or
promises for a fee, employment to two or more persons shall be deemed engaged
in recruitment and placement.
4. What is Illegal Recruitment
Any recruitment activities, including the prohibited practices enumerated under
Article 34 of this Code, to be undertaken by non-licensees or non-holders of
authority, shall be deemed illegal and punishable under Article 39 of this Code. The
Department of Labor and Employment or any law enforcement officer may initiate
complaints under this Article.
Illegal recruitment when committed by a syndicate or in large scale shall be
considered an offense involving economic sabotage and shall be penalized in
accordance with Article 39 hereof.
Illegal recruitment is deemed committed by a syndicate if carried out by a group of
three (3) or more persons conspiring and/or confederating with one another in
carrying out any unlawful or illegal transaction, enterprise or scheme defined
under the first paragraph hereof. Illegal recruitment is deemed committed in large
scale if committed against three (3) or more persons individually or as a group.
The Secretary of Labor and Employment or his duly authorized representatives
shall have the power to cause the arrest and detention of such non-licensee or non-
holder of authority if after investigation it is determined that his activities
constitute a danger to national security and public order or will lead to further
exploitation of job-seekers. The Secretary shall order the search of the office or
premises and seizure of documents, paraphernalia, properties and other
implements used in illegal recruitment activities and the closure of companies,
establishments and entities found to be engaged in the recruitment of workers for
overseas employment, without having been licensed or authorized to do so.
5. Acts constituting Illegal Recruitment under RA 10022 vis a vis RA 8042 and
Art 34 of Labor Code
1. RA 10022
(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
HOOMAN Rights by: Tisay
Under Atty. Paul Chavez | 36
 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;
(g) 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;
(h) 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;
(i) 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;
(j) 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;
(k) Failure to actually deploy a contracted worker without valid reason
as determined by the Department of Labor and Employment;
(l) 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
(m) 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:
(a) 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;
(b) 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;
(c) 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;
(d) 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;
(e) 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;
(f) For a suspended recruitment/manning agency to engage in any kind
of recruitment activity including the processing of pending workers'
applications; and
(g) 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.
2. RA 8042
(a) To charge or accept directly or indirectly any amount greater than the
specified in the schedule of allowable fees prescribed by the Secretary of
Labor and Employment, or to make a worker pay any amount greater
than that actually received by him as a loan or advance;
HOOMAN Rights by: Tisay
Under Atty. Paul Chavez | 37
(b) To furnish or publish any false notice or information or document in
relation to recruitment or employment;
(c) To give any false notice, testimony, information or document or commit
any act of misrepresentation for the purpose of securing a license or
authority under the Labor Code;
(d) To induce or attempt to induce a worker already employed to quit his
employment in order to offer him another unless the transfer is designed
to liberate a worker from oppressive terms and conditions of
employment;
(e) To influence or attempt to influence any persons or entity not to employ
any worker who has not applied for employment through his agency;
(f) To engage in the recruitment of placement of workers in jobs harmful to
public health or morality or to dignity of the Republic of the Philippines;
(g) To obstruct or attempt to obstruct inspection by the Secretary of Labor
and Employment or by his duly authorized representative;
(h) To fail to submit reports on the status of employment, placement
vacancies, remittances of foreign exchange earnings, separations from
jobs, departures and such other matters or information as may be
required by the Secretary of Labor and Employment;
(i) To substitute or alter to the prejudice of the worker, employment
contracts approved and verified by the Department of Labor and
Employment from the time of actual signing thereof by the parties up to
and including the period of the expiration of the same without the
approval of the Department of Labor and Employment;
(j) For an officer or agent of a recruitment or placement agency to become
an officer or member of the Board of any corporation engaged in travel
agency or to be engaged directly on indirectly in the management of a
travel agency;
(k) To withhold or deny travel documents from applicant workers before
departure for monetary or financial considerations other than those
authorized under the Labor Code and its implementing rules and
regulations;
(l) Failure to actually deploy without valid reasons as determined by the
Department of Labor and Employment; and
(m) Failure to reimburse expenses incurred by the workers in connection
with his documentation and processing for purposes of deployment, in
cases where the deployment does not actually take place without the
worker's fault. Illegal recruitment when committed by a syndicate or in
large scale shall be considered as offense involving economic sabotage.
Illegal recruitment is deemed committed by a syndicate carried out by a group
of three (3) or more persons conspiring or confederating with one another. It
is deemed committed in large scale if committed against three (3) or more
persons individually or as a group.
The persons criminally liable for the above offenses are the principals,
accomplices and accessories. In case of juridical persons, the officers having
control, management or direction of their business shall be liable.
3. Art. 34, Labor Code
ART. 34. Prohibited practices. - It shall be unlawful for any individual, entity,
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, or to make a worker pay any amount greater than
that actually received by him as a loan or advance;
(b) To furnish or publish any false notice or information or document in
relation to recruitment or employment;
(c) To give any false notice, testimony, information or document or
commit any act of misrepresentation for the purpose of securing a
license or authority under this Code.
(d) To induce or attempt to induce a worker already employed to quit
his employment in order to offer him to another unless the transfer
is designed to liberate the worker from oppressive terms and
conditions of employment;
(e) To influence or to attempt to influence any person or entity not to
employ any worker who has not applied for employment through his
agency;
(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; chanroblesvirtuallawlibrary
(g) To obstruct or attempt to obstruct inspection by the Secretary
of Labor or by his duly authorized representatives;
(h) To fail to file 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.
(i) To substitute or alter employment contracts approved and verified
by the Department of Labor from the time of actual signing thereof
by the parties up to and including the periods of expiration of the
same without the approval of the Secretary ofLabor;
(j) 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; and
(k) To withhold or deny travel documents from applicant workers
before departure for monetary or financial considerations other than
those authorized under this Code and its implementing rules and
regulations.
Cases:
Romero vs. People
This is to resolve the Petition for Review on Certiorari1 dated March 25, 2006 of
petitioner Delia D. Romero assailing the Decision2 dated July 18, 2005 and
HOOMAN Rights by: Tisay
Under Atty. Paul Chavez | 38
Resolution3 dated February 13, 2006 of the Court of Appeals (CA), affirming the
Decision4 dated February 24, 2004 of the Regional Trial Court (RTC), Branch 44,
Dagupan City, finding petitioner guilty beyond reasonable doubt of the crime of
Illegal Recruitment as defined in paragraph (a) of Article 38 of Presidential
Decree (P.D.) No. 2018.
The records contain the following antecedent facts:
Private respondent Romulo Padlan (Romulo) was a former classmate of
petitioner in college. Sometime in September 2000 Romulo went to petitioner's
stall (wedding gown rentals) at W. A. Jones St., Calasiao, Pangasinan to inquire
about securing a job in Israel. Convinced by petitioner's words of
encouragement and inspired by the potential salary of US$700.00 to
US$1,200.00 a month, Romulo asked petitioner the amount of money required
in order for him to be able to go to Israel. Petitioner informed him that as soon
as he could give her US$3,600.00, his papers would be immediately processed.
To raise the amount, Romulo secured a loan from a bank and borrowed some
more from his friends. When he was able to raise the amount, Romulo went back
to petitioner and handed her the money. Petitioner contacted Jonney Erez
Mokra who instructed Romulo to attend a briefing at his (Jonney's) house in
Dau, Mabalacat, Pampanga. Romulo was able to leave for Israel on October 26,
2000 and was able to secure a job with a monthly salary of US$650.00.
Unfortunately, after two and a half months, he was caught by Israel's
immigration police and detained for 25 days. He was subsequently deported
because he did not possess a working visa. On his return, Romulo demanded
from petitioner the return of his money, but the latter refused and failed to do
so.
On the other hand, private respondent Arturo Siapno is petitioner's nephew.
Sometime in August 2000, he went to petitioner's stall. He was convinced by the
petitioner that if he could give her US$3,600.00 for the processing of his papers,
he could leave the country within 1 to 2 weeks for a job placement in Israel.
Arturo contacted a relative in the U.S. to ask the latter to cover the expenses for
the former's overseas job placement. The relative sent the US$3,000.00 to
Teresita D. Visperas, petitioner's sister in Israel. Petitioner processed Arturo's
papers and contacted Jonney Erez Mokra. Jonney instructed Arturo to attend a
briefing in Dau, Mabalacat, Pampanga. Afterwards, Arturo left for Israel
sometime in September 2000. He was able to work and receive US$800.00
salary per month. After three months of stay in Israel, he was caught by the
immigration officials, incarcerated for ten days and was eventually deported.
After arriving in the country, Arturo immediately sought the petitioner.
Petitioner promised him that she would send him back to Israel, which did not
happen.
Arturo, after learning that Romulo suffered the same fate, checked with the
Department of Labor and Employment (DOLE) Dagupan District Office whether
petitioner, Teresita D. Visperas and Jonney Erez Mokra had any license or
authority to recruit employees for overseas employment. Finding that petitioner
and the others were not authorized to recruit for overseas employment, Arturo
and Romulo filed a complaint against petitioner, Teresita and Jonney before the
National Bureau of Investigation (NBI).
Consequently, an Information dated June 18, 2001 was filed against petitioner
and Jonney Erez Mokra for the crime of Illegal Recruitment which reads as
follows:
That sometime in the month of August and September 2000 in the Municipality
of Calasiao, Province of Pangasinan, Philippines, and within the jurisdiction of
this Honorable Court, the above-named accused, not being licensee or holder of
authority, conspiring, confederating and mutually helping one another, did then
and there, wilfully, unlawfully and feloniously undertake and perform
recruitment activity by recruiting ARTURO SIAPNO and ROMULO PADLAN to a
supposed job abroad particularly in Israel, for a fee, without first securing the
necessary license and permit to do the same.
CONTRARY to Art. 38 (a) of P.D. 442, as amended by P.D. 2018.
Upon arraignment on August 20, 2001, petitioner, with the assistance of her
counsel pleaded not guilty, whereas accused Jonney Erez Mokra was and is still
at-large. Thereafter, trial on the merits ensued.
To establish the facts earlier mentioned, the prosecution presented the
testimonies of Romulo Padlan and Arturo Siapno. Petitioner, on the other hand,
offered her own testimony, as well as Satchi Co Pontace’s to prove that
petitioner did not recruit the private respondents. According to petitioner,
private respondents went to her to inquire about the working status of her sister
in Israel. She told them that her sister was doing well. When private respondents
asked her how her sister was able to go to Israel, petitioner told them that she
does not know and that she will have to ask her sister about that matter.
Petitioner then called her sister and told her that the private respondents
wanted to ask for her help in going to Israel. It was petitioner's sister and the
private respondents who communicated with each other, and the petitioner had
no knowledge as to the content of the former's conversations and agreements.
The RTC found petitioner guilty as charged. The dispositive portion of its
decision reads as follows:
WHEREFORE, the Court finds accused Delia Romero guilty beyond reasonable
doubt of the crime of Illegal Recruitment as defined in paragraph (a) of Article
38 of Presidential Decree No. 442, as amended by Presidential Decree No. 2018,
and pursuant to law hereby sentences accused Delia Romero to suffer the
penalty of Eight (8) Years and a fine of ₱100,000.00 plus costs.
HOOMAN Rights by: Tisay
Under Atty. Paul Chavez | 39
Accused Delia Romero is directed to return the amount of $3,600.00 or its
equivalent to complainant Romulo Padlan and the amount of $3,600.00 or its
equivalent to Arturo Siapno.
The case as against Jonney Mokra aka Erez, is hereby ordered archived subject
to reinstatement upon his arrest.
SO ORDERED.
On appeal, the CA affirmed in toto the decision of the RTC, the fallo of which
states:
WHEREFORE, premises considered, the appealed Decision is AFFIRMED in toto.
SO ORDERED.
Hence, the present petition after petitioner's motion for reconsideration was
denied by the CA. Petitioner enumerates the following assignment of errors:
First Assignment of Error
The Court of Appeals erred in affirming the conviction of the accused
of the offense charged (Illegal Recruitment) for said finding is contrary
to law and evidence in record.
Second Assignment of Error
The Court of Appeals erred in affirming the conviction of the accused
in interpreting the gesture of good faith of the petitioner as referral in
the guise of illegal recruitment.
Third Assignment of Error
The Court of Appeals erred in affirming the conviction of the accused
based merely on a certification from the DOLE-Dagupan District Office
without said certification being properly identified and testified
thereto.
Fourth Assignment of Error
The Court of Appeals erred in affirming the conviction of accused
based on speculations and probabilities and not on the evidence on
record.
Fifth Assignment of Error
The Court of Appeals erred in not acquitting the accused on the ground
of reasonable doubt.
Illegal recruitment is defined in Article 38 of the Labor Code, as amended, as
follows:
ART. 38. Illegal Recruitment. - (a) Any recruitment activities, including the
prohibited practices enumerated under Article 34 of this Code, to be undertaken
by non-licensees or non-holders of authority, shall be deemed illegal and
punishable under Article 39 of this Code. The [Department] of Labor and
Employment or any law enforcement officer may initiate complaints under this
Article.
(b) Illegal recruitment when committed by a syndicate or in large scale shall be
considered an offense involving economic sabotage and shall be penalized in
accordance with Article 39 hereof.
Illegal recruitment is deemed committed by a syndicate if carried out by a group
of three (3) or more persons conspiring and/or confederating with one another
in carrying out any unlawful or illegal transaction, enterprise or scheme defined
under the first paragraph hereof. Illegal recruitment is deemed committed in
large scale if committed against three (3) or more persons individually or as a
group.
Article 13 (b) of the same Code defines, "recruitment and placement" as: "any
act of canvassing, enlisting, contracting, transporting, utilizing, hiring or
procuring workers, and includes referrals, contract services, promising or
advertising for employment, locally or abroad, whether for profit or not:
Provided, that any person or entity which, in any manner, offers or promises for
a fee, employment to two or more persons shall be deemed engaged in
recruitment and placement."
The crime of illegal recruitment is committed when two elements concur,
namely: (1) the offender has no valid license or authority required by law to
enable one to lawfully engage in recruitment and placement of workers; and (2)
he undertakes either any activity within the meaning of "recruitment and
placement" defined under Article 13 (b), or any prohibited practices
enumerated under Article 34 of the Labor Code.5
In disputing the absence of the first element, petitioner offers her opinion that
the CA erred in affirming the trial court's reliance on a mere certification from
the DOLE Dagupan District Office that she does not have the necessary licence
to recruit workers for abroad. She claims that the prosecution committed a
procedural lapse in not procuring a certification from the agency primarily
involved, the Philippine Overseas Employment Administration (POEA). The said
argument, however, is flawed.
Under the first element, a non-licensee or non-holder of authority is any person,
corporation or entity which has not been issued a valid license or authority to
engage in recruitment and placement by the Secretary of Labor, or whose
license or authority has been suspended, revoked or cancelled by the POEA or
the Secretary.6 Clearly, the creation of the POEA did not divest the Secretary of
Labor of his/her jurisdiction over recruitment and placement of activities. The
governing rule is still Article 357 of the Labor Code. This is further discussed in
this Court's ruling in Trans Action Overseas Corp. v. Secretary of Labor,8 wherein
it was ruled that:
In the case of Eastern Assurance and Surety Corp. v. Secretary of Labor, we held
that:
HOOMAN Rights by: Tisay
Under Atty. Paul Chavez | 40
The penalties of suspension and cancellation of license or authority are
prescribed for violations of the above-quoted provisions, among others. And the
Secretary of Labor has the power under Section 35 of the law to apply these
sanctions, as well as the authority, conferred by Section 36, not only to "restrict
and regulate the recruitment and placement activities of all agencies," but also
to "promulgate rules and regulations to carry out the objectives and implement
the provisions" governing said activities. Pursuant to this rule-making power
thus granted, the Secretary of Labor gave the POEA, on its own initiative or upon
a filing of a complaint or report or upon request for investigation by any
aggrieved person, "xxx (authority to) conduct the necessary proceedings for the
suspension or cancellation of the license or authority of any agency or entity"
for certain enumerated offenses including -
1) the imposition or acceptance, directly or indirectly, of any amount
of money, goods or services, or any fee or bond in excess of what is
prescribed by the Administration, and
2) any other violation of pertinent provisions of the Labor Code and
other relevant laws, rules and regulations.
The Administrator was also given the power to "order the dismissal of the case
or the suspension of the license or authority of the respondent agency or
contractor or recommend to the Minister the cancellation thereof."
This power conferred upon the Secretary of Labor and Employment was echoed
in People v. Diaz, viz.:
A non-licensee or non-holder of authority means any person, corporation or
entity which has not been issued a valid license or authority to engage in
recruitment and placement by the Secretary of Labor, or whose license or
authority has been suspended, revoked or cancelled by the POEA or the
Secretary.9
Thus, the trial court did not err in considering the certification from the DOLE-
Dagupan District Office stating that petitioner has not been issued any license
by the POEA nor is a holder of an authority to engage in recruitment and
placement activities. The Office of the Solicitor General (OSG), in its
Comment10 dated October 9, 2006, also gives a valid observation as to the
admissibility of the certification as evidence for the prosecution, thus:
x x x Notably, there is nothing on record to show that petitioner objected to the
admissibility of the certification for the purpose for which it was offered. Thus,
petitioner's argument that the certification was inadmissible because it was not
properly identified by the issuing officer should be rejected. It is well-settled
that "[e]very objections to the admissibility of evidence shall be made at the time
such evidence is offered or as soon thereafter as the ground for objection shall
have become apparent, otherwise the objection shall be considered waived."
Accordingly, the certification has been accepted as admissible by the trial court
and properly considered as evidence for the party who submitted it.11
Anent the second element, petitioner insists that the CA was wrong in affirming
the factual findings of the trial court. According to her, the accommodation
extended by the petitioner to the private respondents is far from the referral as
contemplated in Article 13 (b) of the Labor Code.
It is a settled rule that factual findings of the trial courts, including their
assessment of the witnesses' credibility, are entitled to great weight and respect
by the Supreme Court, particularly when the CA affirmed such findings.12 After
all, the trial court is in the best position to determine the value and weight of the
testimonies of witnesses.13
Nevertheless, the testimonies of the private respondents clearly establish the
fact that petitioner's conduct falls within the term recruitment as defined by law.
As testified by Romulo Padlan, petitioner convinced him and Arturo Siapno to
give her US$3,600.00 for the processing of their papers, thus:
Q: In September 2000, did you see the accused?
A: There was, sir.
Q: Where did you see each other?
A: At her stall, sir.
xxxx
Q: What was your purpose in going to her stall?
A: My purpose is to inquire about my application to Israel, sir.
Q: What happened when you inquired from her about your
application in going to Israel?
A: I inquired from her and she responded with me with sweet words,
sir.
Q: What did you ask her when you first met her in her stall [in]
September 2000?
A: I asked her about the possible placement and the condition about
the job in Israel.
Q: And what was her response?
A: Her response was positive and very encouraging, sir.
Q: What was the very good and very encouraging response of the
accused?
A: Regarding the salary amounting to $700.00 to $1,000.00 dollars a
month, sir.
Q: When you were informed that the salary is quite good in Israel,
what did you do, if any?
A: I planned to produce money so that I can apply for Israel, sir.
Q: And what transpired next after that?
A: She told me that, "If you can produce $3,600.00 dollars then I will
begin to process your papers.
Q: After telling you that, what did you do, if any?
HOOMAN Rights by: Tisay
Under Atty. Paul Chavez | 41
 A: So I planned to have a loan [from] Rural Bank of Central
Pangasinan and borrow some money [from] my other friends, sir.
xxxx
Q: After producing that money, what did you do?
xxxx
A: I [went] to her stall [in] September 26 around 10:00 P.M. and
handed the money to Mrs. Delia Romero, sir.
xxxx
Q: How much money did you give to the accused [in] September
2000?
A: [In] September 2000, I gave her $1,500.00 US dollars, sir.14
Arturo Siapno also testified as to how petitioner convinced him to
apply for a job in Israel and offered her services for a fee, thus:
Q: [I]n August 2000, where were you?
A: I was residing in Puelay-Carangalaan. Dagupan City.
Q: On the same month, did you have any transaction with the
accused?
A: Yes sir[.] I met the accused at the appliance store which is located
at Puelay and she offered me a job in Israel.
Q: [When] she offered you a job in Israel, what did you do?
A: I went to their stall which is located [in] Calasiao, and in the same
place I also met several applicants.
Q: When did you go to the stall of the accused?
A: The following day, sir.
xxxx
Q: And what did you do at the stall of the accused in Calasiao,
Pangasinan?
A: When I went to the stall of the accused, since I saw other
applicants, I was convinced to apply and I called up my aunt and
asked for help.
Q: Since you were at the stall of the accused in Calasiao, what
transpired next?
A: When I talked to her, she told me if I have a money of ₱3,600.00 I
could easily depart within one (1) week or two (2) weeks.15
From the above testimonies, it is apparent that petitioner was able to convince
the private respondents to apply for work in Israel after parting with their
money in exchange for the services she would render. The said act of the
petitioner, without a doubt, falls within the meaning of recruitment and
placement as defined in Article 13 (b) of the Labor Code.
As to petitioner's contention that the testimony of Arturo Siapno that the latter
paid a certain amount of money to the former must not be given any credence
due to the absence of any receipt or any other documentary evidence proving
such, the same is without any merit. In People v. Alvarez,16 this Court ruled that
in illegal recruitment cases, the failure to present receipts for money that was
paid in connection with the recruitment process will not affect the strength of
the evidence presented by the prosecution as long as the payment can be proved
through clear and convincing testimonies of credible witnesses. It was discussed
that:
In illegal recruitment, mere failure of the complainant to present written
receipts for money paid for acts constituting recruitment activities is not fatal to
the prosecution, provided the payment can be proved by clear and convincing
testimonies of credible witnesses.
xxxx
x x x The Court has already ruled that the absence of receipts in a case for illegal
recruitment is not fatal, as long as the prosecution is able to establish through
credible testimonial evidence that accused-appellant has engaged in illegal
recruitment. Such case is made, not by the issuance or the signing of receipts for
placement fees, but by engagement in recruitment activities without the
necessary license or authority.
In People v. Pabalan, the Court held that the absence of receipts for some of the
amounts delivered to the accused did not mean that the appellant did not accept
or receive such payments. Neither in the Statute of Frauds nor in the rules of
evidence is the presentation of receipts required in order to prove the existence
of a recruitment agreement and the procurement of fees in illegal recruitment
cases. Such proof may come from the testimonies of witnesses.17
With regard to the penalty imposed by the RTC and affirmed by the CA, this
Court finds it to be inappropriate. The trial court imposed the penalty of eight
(8) years imprisonment and a fine of ₱100,000.00 plus cost and ordered
petitioner to return the amount of US$3,600.00 or its equivalent to Romulo
Padlan and the amount of US$3,600.00 or its equivalent to Arturo Siapno. Under
Article 39 (c) of the Labor Code, which prescribes the penalty for illegal
recruitment, any person who is neither a licensee nor a holder of authority
under the law and found violating any provision thereof or its implementing
rules and regulations shall, upon conviction thereof, suffer the penalty of
imprisonment of not less than four (4) years but not more than eight (8) years
or a fine of not less than ₱20,000.00 nor more than ₱100,000.00 or both such
imprisonment and fine, at the discretion of the court. Clearly, the trial court, by
imposing a straight penalty, disregarded the application of the Indeterminate
Sentence Law.18 In Argoncillo v. Court of Appeals,19 this Court ruled that the
application of the Indeterminate Sentence Law is mandatory to both the Revised
Penal Code and the special laws, and in the same ruling, this Court summarized
the application and non-application of the Indeterminate Sentence Law, to wit:
x x x It is basic law that x x x the application of the Indeterminate Sentence Law
is mandatory where imprisonment exceeds one (1) year, except only in the
following cases:
a. Offenses punished by death or life imprisonment.
HOOMAN Rights by: Tisay
Under Atty. Paul Chavez | 42
 b. Those convicted of treason (Art. 114) conspiracy or proposal to
commit treason (Art. 115).
c. Those convicted of misprision of treason (Art. 116), rebellion (Art.
134), sedition (Art. 139) or espionage (Art. 117).
d. Those convicted of piracy (Art. 122).
e. Habitual delinquents (Art. 62, par. 5).
Recidivists are entitled to an Indeterminate sentence. (People v.
Jaramilla, L-28547, February 22, 1974) Offender is not disqualified to
avail of the benefits of the law even if the crime is committed while he
is on parole. (People v. Calreon, CA 78 O. G. 6701, November 19, 1982).
f. Those who escaped from confinement or those who evaded sentence.
g. Those granted conditional pardon and who violated the terms of the
same. (People v. Corral, 74 Phil. 359).
h. Those whose maximum period of imprisonment does not exceed
one (1) year.
People vs Saulo
Where the penalty actually imposed does not exceed one (1) year, the
accused cannot avail himself of the benefits of the law, the application
of which is based upon the penalty actually imposed in accordance
with law and not upon that which may be imposed in the discretion of
the court. (People v. Hidalgo, [CA] G.R. No. 00452-CR, January 22,
1962).
i. Those who are already serving final judgment upon the approval of
the Indeterminate Sentence Law.
The need for specifying the minimum and maximum periods of the
indeterminate sentence is to prevent the unnecessary and excessive deprivation
of liberty and to enhance the economic usefulness of the accused, since he may
be exempted from serving the entire sentence, depending upon his behavior and
his physical, mental, and moral record. The requirement of imposing an
indeterminate sentence in all criminal offenses whether punishable by the
Revised Penal Code or by special laws, with definite minimum and maximum
terms, as the Court deems proper within the legal range of the penalty specified
by the law must, therefore, be deemed mandatory.201âwphi1
The Indeterminate Sentence Law provides that if, as in this case, the offense is
punished by a law other than the Revised Penal Code, the court shall sentence
the accused to an indeterminate sentence, the maximum term of which shall not
exceed the maximum fixed by said law and the minimum shall not be less than
the minimum term prescribed by the same. The imposable penalty is
imprisonment of not less than four (4) years but not more than eight (8) years;
hence, the proper penalty imposed should be within the range of four (4) years
to eight (8) years. Thus, applying the Indeterminate Sentence Law, the Court can
impose the minimum and maximum terms of the penalty of imprisonment
within the range of four (4) years to eight (8) years.
WHEREFORE, the Petition for Review on Certiorari dated March 25, 2006 of
petitioner Delia D. Romero is hereby DENIED. Consequently, the Decision dated
July 18, 2005 and Resolution dated February 13, 2006 of the Court of Appeals,
affirming the Decision dated February 24, 2004 of the Regional Trial Court,
finding petitioner guilty beyond reasonable doubt of the crime of Illegal
Recruitment as defined in paragraph (a) of Article 38 of Presidential Decree
(P.D.) No. 2018, are hereby AFFIRMED with the MODIFICATION that the
penalty imposed should be imprisonment of four (4) years, as minimum, to
seven (7) years, as maximum, and a fine of ₱100,000.00 plus cost and for
petitioner to return the amount of $3,600.00 or its equivalent to Romulo Padlan
and the amount of $3,600.00 or its equivalent to Arturo Siapno.
SO ORDERED.
FACTS:
Accused-appellant, together with Amelia de la Cruz and Clodualdo de la
Cruz, were charged with violation of Article 38 (b) of the Labor Code[1] illegal
recruitment in large scale and the accused were also charged with three counts
of estafa.
During a meeting sometime in April or May, 1990, ROMULO
SAULO told BENNY MALIGAYA that she would be able to leave for Taiwan as a
factory worker once she gave him the fees for the processing of her documents.
Sometime in May, 1990, Maligaya also met with AMELIA DE LA
CRUZ and CLODUALDO DE LA CRUZ at their house in Baesa, Quezon City and
they assured her that they were authorized by the Philippine Overseas
Employment Administration (POEA) to recruit workers for Taiwan. Maligaya
paid accused-appellant and Amelia de la Cruz the amount of P35,000.00, which
is evidenced by a receipt signed by accused-appellant and Amelia de la Cruz.
Seeing that he had reneged on his promise to send her to Taiwan, Maligaya filed
a complaint against accused-appellant with the POEA.
Meanwhile, ANGELES JAVIER was told by Ligaya, accused-appellants
wife, to apply for work abroad through accused-appellant. At a meeting in
accused-appellants Quezon City residence, Javier was told by accused-appellant
that he could get her a job in Taiwan as a factory worker and that she should
give him P35,000.00 for purposes of preparing Javier’s passport. Javier gave an
initial amount of P20,000.00 to accused-appellant, but she did not ask for a
receipt as she trusted him. As the overseas employment never materialized,
Javier was prompted to bring the matter before the POEA.
On April 19, 1990, LEODIGARIO MAULLON, upon the invitation of his
neighbor Araceli Sanchez, went to accused-appellants house in order to discuss
his prospects for gaining employment abroad. As in the case of Maligaya and
Javier, accused-appellant assured Maullon that he could secure him a job as a
factory worker in Taiwan if he pays him for the processing of his papers. Maullon
pay to accused-appellants wife, who issued a receipt. Thereafter, Maullon paid
an additional amount in the presence of accused-appellant and Amelia de la
Cruz, which payment is also evidenced by a receipt. Finally, Maullon pay to a
certain Loreta Tumalig, a friend of accused-appellant, as shown by a receipt.
HOOMAN Rights by: Tisay
Under Atty. Paul Chavez | 43
 Again, accused-appellant failed to deliver on the promised employment.
Maullon thus filed a complaint with the POEA.
ISSUE:
Whether or not ROMULO SAULO is guilty of the act of Illegal
Recruitment and estafa.
HELD:
Yes. The Court finds that the trial court was justified in holding that
accused-appellant was engaged in unlawful recruitment and placement
activities. The prosecution clearly established that accused-appellant promised
the three complainants - Benny Maligaya, Angeles Javier and Leodigario Maullon
employment in Taiwan as factory workers and that he asked them for money in
order to process their papers and procure their passports. It is not disputed that
accused-appellant is not authorized nor licensedby the Department of Labor and
Employment to engage in recruitment and placement activities. The absence of
the necessary license or authority renders all of accused-appellants recruitment
activities criminal.
It is also well established in jurisprudence that a person may be charged
and convicted for both illegal recruitment and estafa. The reason for this is that
illegal recruitment is a malum prohibitum, whereas estafa is malum in se,
meaning that the criminal intent of the accused is not necessary for conviction
in the former, but is required in the latter.
WHEREFORE, Decision of the Trial Court is AFFIRMED subject
to MODIFICATIONS.
People vs Gallo
FACTS: Originally, accused-appellant Gallo and accused Fides Pacardo
(“Pacardo”) and Pilar Manta (“Manta”), together with Mardeolyn Martir
(“Mardeolyn”) and nine (9) others [including herein accused-appellant, were
charged with syndicated illegal recruitment and eighteen (18) counts of estafa
committed against eighteen complainants.
NOTE: Basta ang nanyari, the trial proceeded while some of the accused were at
large. Some cases were provisionally dismissed due to non-appearance. Pacardo
and Manta were acquitted. While herein accused-appellant (GALLO) was
convicted for syndicated illegal recruitment. Hence, this appeal by Gallo alone.
In Criminal Case No. 02-206293, the information charges the accused-appellant,
together with the others, as follows:
The undersigned accuses xxx of a violation of Section 6(a), (l) and (m) of
Republic Act 8042, otherwise known as the Migrant Workers and Overseas
Filipino Workers Act of 1995, committed by a syndicate and in large scale,
When arraigned GALLO pleaded not guilty; pre-trial was terminated and trial
ensued, thereafter.
VERSION OF THE PROSECUTION: Dela Caza was introduced by Eleanor
Panuncio to accused-appellant Gallo, Pacardo, Manta, Mardeolyn, Lulu
Mendanes, Yeo Sin Ung and another Korean national at the office of MPM
International Recruitment and Promotion Agency (“MPM Agency”) located in
Malate, Manila; Other accused were introduced as board members, officers and
employees of MPM.
Accused-appellant Gallo then introduced himself as a relative of Mardeolyn and
informed Dela Caza that the agency was able to send many workers abroad.
Together with Pacardo and Manta, he also told Dela Caza about the placement
fee of One Hundred Fifty Thousand Pesos (PhP 150,000) with a down payment
of Forty-Five Thousand Pesos (PhP 45,000) and the balance to be paid through
salary deduction; Dela Caza, together with the other applicants, were briefed.
With accused-appellant’s assurance that many workers have been sent abroad,
as well as the presence of the two (2) Korean nationals and upon being shown
the visas procured for the deployed workers, Dela Caza was convinced to part
with his money. Thus, on May 29, 2001, he paid Forty-Five Thousand Pesos (PhP
45,000) to MPM Agency through accused-appellant Gallo.
Two (2) weeks after paying MPM Agency, Dela Caza went back to the agency’s
office in Malate, Manila only to discover that the office had moved to a new
location at Batangas Street, Brgy. San Isidro, Makati. He proceeded to the new
address and found out that the agency was renamed to New Filipino Manpower
Development & Services, Inc. (“New Filipino”).
Dela Caza decided to withdraw his application and recover the amount he paid;
Gallo even denied any knowledge about the money. After two (2) more months
of waiting in vain to be deployed, Dela Caza and the other applicants decided to
take action.
VERSION OF THE DEFENSE: For his defense, accused-appellant denied having
any part in the recruitment of Dela Caza. In fact, he testified that he also applied
with MPM Agency for deployment to Korea as a factory worker; in order to
facilitate the processing of his papers, he agreed to perform some tasks for the
agency, such as taking photographs of the visa and passport of applicants,
running errands and performing such other tasks assigned to him, without
salary except for some allowance. He said that he only saw Dela Caza one or
twice at the agency’s office when he applied for work abroad. Lastly, that he was
also promised deployment abroad but it never materialized.
DEVELOPMENT OF THE CASE: RTC rendered its Decision convicting the
accused of syndicated illegal recruitment and estafa; CA affirmed; accused-
appellant filed a timely appeal before this Court.
ISSUE: WON accused-appellant is guilty of illegal recruitment committed by a
syndicate and estafa.
HELD: YES
The appeal has no merit.
Accused-appellant avers that he cannot be held criminally liable for illegal
recruitment because he was neither an officer nor an employee of the
recruitment agency. He alleges that the trial court erred in adopting the
asseveration of the private complainant that he was indeed an employee
because such was not duly supported by competent evidence.
We disagree.
To commit syndicated illegal recruitment, three elements must be
established: (1) the offender undertakes either any activity within the meaning
of “recruitment and placement” defined under Article 13(b), or any of the
HOOMAN Rights by: Tisay
Under Atty. Paul Chavez | 44
prohibited practices enumerated under Art. 34 of the Labor Code; (2) he has no
valid license or authority required by law to enable one to lawfully engage in
recruitment and placement of workers;8 and (3) the illegal recruitment is
committed by a group of three (3) or more persons conspiring or confederating
with one another.9 When illegal recruitment is committed by a syndicate or in
large scale, i.e., if it is committed against three (3) or more persons individually
or as a group, it is considered an offense involving economic sabotage.
After a thorough review of the records, we believe that the prosecution was able
to establish the elements of the offense sufficiently. The evidence readily
reveals that MPM Agency was never licensed by the POEA to recruit
workers for overseas employment.
Even with a license, however, illegal recruitment could still be committed
under Section 6 of Republic Act No. 8042 (“R.A. 8042”), otherwise known
as the Migrants and Overseas Filipinos Act of 1995 (See Notes).
In the instant case, accused-appellant committed the acts enumerated in
Sec. 6 of R.A. 8042. Testimonial evidence presented by the prosecution clearly
shows that, in consideration of a promise of foreign employment, accused-
appellant received the amount of Php 45,000.00 from Dela Caza. When accused-
appellant made misrepresentations concerning the agency’s purported power
and authority to recruit for overseas employment, and in the process, collected
money in the guise of placement fees, the former clearly committed acts
constitutive of illegal recruitment.
Essentially, Dela Caza appeared very firm and consistent in positively
identifying accused-appellant as one of those who induced him and the other
applicants to part with their money. His testimony showed that accused-
appellant made false misrepresentations and promises in assuring them that
after they paid the placement fee, jobs in Korea as factory workers were waiting
for them and that they would be deployed soon.
On the contrary, his active participation in the illegal recruitment is
unmistakable. The fact that he was the one who issued and signed the
official receipt belies his profession of innocence.
This Court likewise finds the existence of a conspiracy between the accused-
appellant and the other persons in the agency who are currently at large,
resulting in the commission of the crime of syndicated illegal recruitment.
Verily, the active involvement of each in the recruitment scam was directed at
one single purpose – to divest complainants with their money on the pretext of
guaranteed employment abroad.
Estafa
The prosecution likewise established that accused-appellant is guilty of the
crime of estafa as defined under Article 315 paragraph 2(a) of the Revised Penal
Code (See notes)
The elements of estafa in general are: (1) that the accused defrauded another
(a) by abuse of confidence, or (b) by means of deceit; and (2) that damage or
prejudice capable of pecuniary estimation is caused to the offended party or
third person.
All these elements are present in the instant case: the accused-appellant,
together with the other accused at large, deceived the complainants into
believing that the agency had the power and capability to send them abroad for
employment; that there were available jobs for them in Korea as factory
workers; that by reason or on the strength of such assurance, the complainants
parted with their money in payment of the placement fees; that after receiving
the money, accused-appellant and his co-accused went into hiding by changing
their office locations without informing complainants; and that complainants
were never deployed abroad. As all these representations of the accused-
appellant proved false, paragraph 2(a), Article 315 of the Revised Penal Code is
thus applicable.1avvphi1
Defense of Denial Cannot Prevail over Positive Identification
APPEAL Denied.
________________
NOTES:
 Contents of the Information
That in or about and during the period comprised between November 2000 and
December, 2001, inclusive, in the City of Manila, Philippines, the said accused
conspiring and confederating together and helping with one another,
representing themselves to have the capacity to contract, enlist and transport
Filipino workers for employment abroad, did then and there willfully and
unlawfully, for a fee, recruit and promise employment/job placement abroad to
xxxx in Korea as factory workers and charge or accept directly or indirectly from
said xxxx as placement fees in connection with their overseas employment,
which amounts are in excess of or greater than those specified in the schedule
of allowable fees prescribed by the POEA Board Resolution No. 02, Series 1998,
and without valid reasons and without the fault of the said complainants failed
to actually deploy them and failed to reimburse the expenses incurred by the
said complainants in connection with their documentation and processing for
purposes of their deployment.
 Sec. 6 of RA 8042
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 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
act, 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
HOOMAN Rights by: Tisay
Under Atty. Paul Chavez | 45
 and Employment, or to make a worker pay any amount greater than that RIGHTS OF HOUSEHOLD HELPERS
actually received by him as a loan or advance;
xxxx 1. RA 10361
(l) Failure to actually deploy without valid reason as determined by the
Department of Labor and Employment; and AN ACT INSTITUTING POLICIES FOR THE PROTECTION AND WELFARE OF
(m) Failure to reimburse expenses incurred by the worker in connection with DOMESTIC WORKERS
his documentation and processing for purposes of deployment and processing
for purposes of deployment, in cases where the deployment does not actually
ARTICLE I
take place without the worker’s fault. Illegal recruitment when committed by a
GENERAL PROVISIONS
syndicate or in large scale shall be considered an offense involving economic
sabotage.
 nature of conspiracy in the context of illegal recruitment: Section 1. Short Title. – This Act shall be known as the "Domestic Workers Act" or
Conspiracy to defraud aspiring overseas contract workers was evident from the "Batas Kasambahay".
acts of the malefactors whose conduct before, during and after the commission
of the crime clearly indicated that they were one in purpose and united in its Section 2. Declaration of Policies. – It is hereby declared that:
execution. Direct proof of previous agreement to commit a crime is not
necessary as it may be deduced from the mode and manner in which the offense (a) The State strongly affirms labor as a primary social force and is committed to
was perpetrated or inferred from the acts of the accused pointing to a joint respect, promote, protect and realize the fundamental principles and rights at work
purpose and design, concerted action and community of interest. As such, all the including, but not limited to, abolition of child labor, elimination of all forms of
accused, including accused-appellant, are equally guilty of the crime of illegal forced labor, discrimination in employment and occupation, and trafficking in
recruitment since in a conspiracy the act of one is the act of all. persons, especially women and children;
 ART. 315, RPC
Art. 315. Swindling (estafa). – Any person who shall defraud another by any
(b) The State adheres to internationally accepted working conditions for workers
means mentioned hereinbelow…
in general, and establishes labor standards for domestic workers in particular,
xxxx
towards decent employment and income, enhanced coverage of social protection,
2. By means of any of the following false pretenses or fraudulent acts
respect for human rights and strengthened social dialogue;
executed prior to or simultaneously with the commission of the fraud:
(a) By using fictitious name, or falsely pretending to possess power, influence,
qualifications, property, credit, agency, business or imaginary transactions; or (c) The State recognizes the need to protect the rights of domestic workers against
by means of other similar deceits. abuse, harassment, violence, economic exploitation and performance of work that
is hazardous to their physical and mental health; and

Salazar vs Achacoso (d) The State, in protecting domestic workers and recognizing their special needs
to ensure safe and healthful working conditions, promotes gender-sensitive
measures in the formulation and implementation of policies and programs
PROTECTION OF THE RIGHTS OF PUBLIC AND PRIVATE SECTOR LABORERS affecting the local domestic work.

1. Human Rights Problems of Govt. Workers Section 3. Coverage. – This Act applies to all domestic workers employed and
2. Human Rights Problems of Private Sector Workers working within the country.

Section 4. Definition of Terms. – As used in this Act, the term:

(a) Debt bondage refers to the rendering of service by the domestic worker as
security or payment for a debt where the length and nature of service is not clearly
defined or when the value of the service is not reasonably applied in the payment
of the debt.

HOOMAN Rights by: Tisay

Under Atty. Paul Chavez | 46
(b) Deployment expenses refers to expenses that are directly used for the transfer
of the domestic worker from place of origin to the place of work covering the cost
of transportation. Advances or loans by the domestic worker are not included in
the definition of deployment expenses.
(c) Domestic work refers to work performed in or for a household or households.
(d) Domestic worker or "Kasambahay" refers to any person engaged in domestic
work within an employment relationship such as, but not limited to, the following:
general househelp, nursemaid or "yaya", cook, gardener, or laundry person, but
shall exclude any person who performs domestic work only occasionally or
sporadically and not on an occupational basis.
The term shall not include children who are under foster family arrangement, and
are provided access to education and given an allowance incidental to education,
i.e. "baon", transportation, school projects and school activities.
(e) Employer refers to any person who engages and controls the services of a
domestic worker and is party to the employment contract.
(f) Household refers to the immediate members of the family or the occupants of
the house that are directly provided services by the domestic worker.
(g) Private Employment Agency (PEA) refers to any individual, legitimate
partnership, corporation or entity licensed to engage in the recruitment and
placement of domestic workers for local employment.
(h) Working children, as used under this Act, refers to domestic workers who are
fifteen (15) years old and above but below eighteen (18) years old.
ARTICLE II
RIGHTS AND PRIVILEGES
Section 5. Standard of Treatment. – The employer or any member of the household
shall not subject a domestic worker or "kasambahay" to any kind of abuse nor
inflict any form of physical violence or harassment or any act tending to degrade
the dignity of a domestic worker.
Section 6. Board, Lodging and Medical Attendance. – The employer shall provide
for the basic necessities of the domestic worker to include at least three (3)
adequate meals a day and humane sleeping arrangements that ensure safety.
The employer shall provide appropriate rest and assistance to the domestic worker
in case of illnesses and injuries sustained during service without loss of benefits.
At no instance shall the employer withdraw or hold in abeyance the provision of
these basic necessities as punishment or disciplinary action to the domestic
worker.
Section 7. Guarantee of Privacy. – Respect for the privacy of the domestic worker
shall be guaranteed at all times and shall extend to all forms of communication and
personal effects. This guarantee equally recognizes that the domestic worker is
obliged to render satisfactory service at all times.
Section 8. Access to Outside Communication. – The employer shall grant the
domestic worker access to outside communication during free time: Provided, That
in case of emergency, access to communication shall be granted even during work
time. Should the domestic worker make use of the employer’s telephone or other
communication facilities, the costs shall be borne by the domestic worker, unless
such charges are waived by the employer.
Section 9. Right to Education and Training. – The employer shall afford the
domestic worker the opportunity to finish basic education and may allow access to
alternative learning systems and, as far as practicable, higher education or
technical and vocational training. The employer shall adjust the work schedule of
the domestic worker to allow such access to education or training without
hampering the services required by the employer.
Section 10. Prohibition Against Privileged Information. – All communication and
information pertaining to the employer or members of the household shall be
treated as privileged and confidential, and shall not be publicly disclosed by the
domestic worker during and after employment. Such privileged information shall
be inadmissible in evidence except when the suit involves the employer or any
member of the household in a crime against persons, property, personal liberty and
security, and chastity.
ARTICLE III
PRE-EMPLOYMENT
Section 11. Employment Contract. – An employment contract shall be executed by
and between the domestic worker and the employer before the commencement of
the service in a language or dialect understood by both the domestic worker and
the employer. The domestic worker shall be provided a copy of the duly signed
employment contract which must include the following:
(a) Duties and responsibilities of the domestic worker;
(b) Period of employment;
(c) Compensation;
HOOMAN Rights by: Tisay
Under Atty. Paul Chavez | 47
(d) Authorized deductions;
(e) Hours of work and proportionate additional payment;
(f) Rest days and allowable leaves;
(g) Board, lodging and medical attention;
(h) Agreements on deployment expenses, if any;
(i) Loan agreement;
(j) Termination of employment; and
(k) Any other lawful condition agreed upon by both parties.
The Department of Labor and Employment (DOLE) shall develop a model
employment contract for domestic workers which shall, at all times, be made
available free of charge to domestic workers, employers, representative
organizations and the general public. The DOLE shall widely disseminate
information to domestic workers and employers on the use of such model
employment contract.
In cases where the employment of the domestic worker is facilitated through a
private employment agency, the PEA shall keep a copy of all employment contracts
of domestic workers and shall be made available for verification and inspection by
the DOLE.
Section 12. Pre-Employment Requirement. – Prior to the execution of the
employment contract, the employer may require the following from the domestic
worker:
(a) Medical certificate or a health certificate issued by a local government health
officer;
(b) Barangay and police clearance;
(c) National Bureau of Investigation (NBI) clearance; and
(d) Duly authenticated birth certificate or if not available, any other document
showing the age of the domestic worker such as voter’s identification card,
baptismal record or passport.
However, Section 12(a), (b), (c) and (d) shall be standard requirements when the
employment of the domestic worker is facilitated through the PEA.
The cost of the foregoing shall be borne by the prospective employer or agency, as
the case may be.
Section 13. Recruitment and Finder’s Fees. – Regardless of whether the domestic
worker was hired through a private employment agency or a third party, no share
in the recruitment or finder’s fees shall be charged against the domestic worker by
the said private employment agency or third party.
Section 14. Deposits for Loss or Damage. – It shall be unlawful for the employer or
any other person to require a domestic worker to make deposits from which
deductions shall be made for the reimbursement of loss or damage to tools,
materials, furniture and equipment in the household.
Section 15. Prohibition on Debt Bondage. – It shall be unlawful for the employer or
any person acting on behalf of the employer to place the domestic worker under
debt bondage.
Section 16. Employment Age of Domestic Workers. – It shall be unlawful to employ
any person below fifteen (15) years of age as a domestic worker. Employment of
working children, as defined under this Act, shall be subject to the provisionsof
Section 10(A), paragraph 2 of Section 12-A, paragraph 4 of Section 12-D, and
Section 13 of Republic Act No. 7610, as amended, otherwise known as the "Special
Protection of Children Against Child Abuse, Exploitation and Discrimination Act".
Working children shall be entitled to minimum wage, and all benefits provided
under this Act.
Any employer who has been sentenced by a court of law of any offense against a
working child under this Act shall be meted out with a penalty one degree higher
and shall be prohibited from hiring a working child.
Section 17. Employer’s Reportorial Duties. – The employers shall register all
domestic workers under their employment in the Registry of Domestic Workers in
the barangay where the employer’s residence is located. The Department of the
Interior and Local Government (DILG) shall, in coordination with the DOLE,
formulate a registration system for this purpose.
Section 18. Skills Training, Assessment and Certification. – To ensure productivity
and assure quality services, the DOLE, through the Technical Education and Skills
Development Authority (TESDA), shall facilitate access of domestic workers to
efficient training, assessment and certification based on a duly promulgated
training regulation.
HOOMAN Rights by: Tisay
Under Atty. Paul Chavez | 48
 ARTICLE IV
EMPLOYMENT – TERMS AND CONDITIONS
Section 19. Health and Safety. – The employer shall safeguard the health and safety
of the domestic worker in accordance with laws, rules and regulations, with due
consideration of the peculiar nature of domestic work.
Section 20. Daily Rest Period. – The domestic worker shall be entitled to an
aggregate daily rest period of eight (8) hours per day.
Section 21. Weekly Rest Period. – The domestic worker shall be entitled to at least
twenty-four (24) consecutive hours of rest in a week. The employer and the
domestic worker shall agree in writing on the schedule of the weekly rest day of
the domestic worker: Provided, That the employer shall respect the preference of
the domestic worker as to the weekly rest day when such preference is based on
religious grounds. Nothing in this provision shall deprive the domestic worker and
the employer from agreeing to the following:
(a) Offsetting a day of absence with a particular rest day;
(b) Waiving a particular rest day in return for an equivalent daily rate of pay;
(c) Accumulating rest days not exceeding five (5) days; or
(d) Other similar arrangements.
Section 22. Assignment to Nonhousehold Work. – No domestic worker shall be
assigned to work in a commercial, industrial or agricultural enterprise at a wage
rate lower than that provided for agricultural or nonagricultural workers. In such
cases, the domestic worker shall be paid the applicable minimum wage.
Section 23. Extent of Duty. – The domestic worker and the employer may mutually
agree for the former to temporarily perform a task that is outside the latter’s
household for the benefit of another household. However, any liability that will be
incurred by the domestic worker on account of such arrangement shall be borne
by the original employer. In addition, such work performed outside the household
shall entitle the domestic worker to an additional payment of not less than the
existing minimum wage rate of a domestic worker. It shall be unlawful for the
original employer to charge any amount from the said household where the service
of the domestic worker was temporarily performed.
Section 24. Minimum Wage. – The minimum wage of domestic workers shall not
be less than the following:
(a) Two thousand five hundred pesos (P2,500.00) a month for those employed in
the National Capital Region (NCR);
(b) Two thousand pesos (P2,000.00) a month for those employed in chartered
cities and first class municipalities; and
(c) One thousand five hundred pesos (P1,500.00) a month for those employed
mother municipalities.
After one (1) year from the effectivity of this Act, and periodically thereafter, the
Regional Tripartite and Productivity Wage Boards (RTPWBs) shall review, and if
proper, determine and adjust the minimum wage rates of domestic workers.
Section 25. Payment of Wages. – Payment of wages shall be made on time directly
to the domestic worker to whom they are due in cash at least once a month. The
employer, unless allowed by the domestic worker through a written consent, shall
make no deductions from the wages other than that which is mandated by law. No
employer shall pay the wages of a domestic worker by means of promissory notes,
vouchers, coupons, tokens, tickets, chits, or any object other than the cash wage as
provided for under this Act.
The domestic worker is entitled to a thirteenth month pay as provided for by law.
Section 26. Pay Slip. – The employer shall at all times provide the domestic worker
with a copy of the pay slip containing the amount paid in cash every pay day, and
indicating all deductions made, if any. The copies of the pay slip shall be kept by the
employer for a period of three (3) years.
Section 27. Prohibition on Interference in the Disposal of Wages. – It shall be
unlawful for the employer to interfere with the freedom of any domestic worker to
dispose of the latter’s wages. The employer shall not force, compel or oblige the
domestic worker to purchase merchandise, commodities or other properties from
the employer or from any other person, or otherwise make use of any store or
services of such employer or any other person.
Section 28. Prohibition Against Withholding of Wages. – It shall be unlawful for an
employer, directly or indirectly, to withhold the wages of the domestic worker. If
the domestic worker leaves without any justifiable reason, any unpaid salary for a
period not exceeding fifteen (15) days shall be forfeited. Likewise, the employer
shall not induce the domestic worker to give up any part of the wages by force,
stealth, intimidation, threat or by any other means whatsoever.
Section 29. Leave Benefits. – A domestic worker who has rendered at least one (1)
year of service shall be entitled to an annual service incentive leave of five (5) days
with pay: Provided, That any unused portion of said annual leave shall not be
cumulative or carried over to the succeeding years. Unused leaves shall not be
convertible to cash.
HOOMAN Rights by: Tisay
Under Atty. Paul Chavez | 49
Section 30. Social and Other Benefits. – A domestic worker who has rendered at
least one (1) month of service shall be covered by the Social Security System (SSS),
the Philippine Health Insurance Corporation (PhilHealth), and the Home
Development Mutual Fund or Pag-IBIG, and shall be entitled to all the benefits in
accordance with the pertinent provisions provided by law.
Premium payments or contributions shall be shouldered by the employer.
However, if the domestic worker is receiving a wage of Five thousand pesos
(P5,000.00) and above per month, the domestic worker shall pay the proportionate
share in the premium payments or contributions, as provided by law.
The domestic worker shall be entitled to all other benefits under existing laws.
Section 31. Rescue and Rehabilitation of Abused Domestic Workers. – Any abused or
exploited domestic worker shall be immediately rescued by a municipal or city
social welfare officer or a social welfare officer from the Department of Social
Welfare and Development (DSWD) in coordination with the concerned barangay
officials. The DSWD and the DILG shall develop a standard operating procedure for
the rescue and rehabilitation of abused domestic workers, and in coordination with
the DOLE, for possible subsequent job placement.
ARTICLE V
POST EMPLOYMENT
Section 32. Termination of Service. – Neither the domestic worker nor the
employer may terminate the contract before the expiration of the term except for
grounds provided for in Sections 33 and 34 of this Act. If the domestic worker is
unjustly dismissed, the domestic worker shall be paid the compensation already
earned plus the equivalent of fifteen (15) days work by way of indemnity. If the
domestic worker leaves without justifiable reason, any unpaid salary due not
exceeding the equivalent fifteen (15) days work shall be forfeited. In addition, the
employer may recover from the domestic worker costs incurred related to the
deployment expenses, if any: Provided, That the service has been terminated within
six (6) months from the domestic worker’s employment.
If the duration of the domestic service is not determined either in stipulation or by
the nature of the service, the employer or the domestic worker may give notice to
end the working relationship five (5) days before the intended termination of the
service.
The domestic worker and the employer may mutually agree upon written notice to
pre-terminate the contract of employment to end the employment relationship.
Section 33. Termination Initiated by the Domestic Worker. – The domestic worker
may terminate the employment relationship at any time before the expiration of
the contract for any of the following causes:
(a) Verbal or emotional abuse of the domestic worker by the employer or any
member of the household;
(b) Inhuman treatment including physical abuse of the domestic worker by the
employer or any member of the household;
(c) Commission of a crime or offense against the domestic worker by the employer
or any member of the household;
(d) Violation by the employer of the terms and conditions of the employment
contract and other standards set forth under this law;
(e) Any disease prejudicial to the health of the domestic worker, the employer, or
member/s of the household; and
(f) Other causes analogous to the foregoing.
Section 34. Termination Initiated by the Employer. – An employer may terminate
the services of the domestic worker at any time before the expiration of the
contract, for any of the following causes:
(a) Misconduct or willful disobedience by the domestic worker of the lawful order
of the employer in connection with the former’s work;
(b) Gross or habitual neglect or inefficiency by the domestic worker in the
performance of duties;
(c) Fraud or willful breach of the trust reposed by the employer on the domestic
worker;
(d) Commission of a crime or offense by the domestic worker against the person of
the employer or any immediate member of the employer’s family;
(e) Violation by the domestic worker of the terms and conditions of the
employment contract and other standards set forth under this law;
(f) Any disease prejudicial to the health of the domestic worker, the employer, or
member/s of the household; and
(g) Other causes analogous to the foregoing.
Section 35. Employment Certification. – Upon the severance of the employment
relationship, the employer shall issue the domestic worker within five (5) days
from request a certificate of employment indicating the nature, duration of the
service and work performance.
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Under Atty. Paul Chavez | 50
 ARTICLE VI
PRIVATE EMPLOYMENT AGENCIES
Section 36. Regulation of Private Employment Agencies (PEAs). – The DOLE shall,
through a system of licensing and regulation, ensure the protection of domestic
workers hired through the PEAs.
The PEA shall be jointly and severally liable with the employer for all the wages,
wage-related benefits, and other benefits due a domestic worker.
The provision of Presidential Decree No. 442, as amended, otherwise known as the
"Labor Code of the Philippines", on qualifications of the PEAs with regard to
nationality, networth, owners and officers, office space and other requirements, as
well as nontransferability of license and commission of prohibited practices, shall
apply.
In addition, PEAs shall have the following responsibilities:
(a) Ensure that domestic workers are not charged or levied any recruitment or
placement fees;
(b) Ensure that the employment agreement between the domestic worker and the
employer stipulates the terms and conditions of employment and all the benefits
prescribed by this Act;
(c) Provide a pre-employment orientation briefing to the domestic worker and the
employer about their rights and responsibilities in accordance with this Act;
(d) Keep copies of employment contracts and agreements pertaining to recruited
domestic workers which shall be made available during inspections or whenever
required by the DOLE or local government officials;
(e) Assist domestic workers with respect to complaints or grievances against their
employers; and
(f) Cooperate with government agencies in rescue operations involving abused or
exploited domestic workers.
ARTICLE VII
SETTLEMENT OF DISPUTES
Section 37. Mechanism for Settlement of Disputes. – All labor-related disputes shall
be elevated to the DOLE Regional Office having jurisdiction over the workplace
without prejudice to the filing of a civil or criminal action in appropriate cases. The
DOLE Regional Office shall exhaust all conciliation and mediation efforts before a
decision shall be rendered.
Ordinary crimes or offenses committed under the Revised Penal Code and other
special penal laws by either party shall be filed with the regular courts.
ARTICLE VIII
SPECIAL PROVISIONS
Section 38. Information Program. – The DOLE shall, in coordination with the DILG,
the SSS, the PhilHealth and Pag-IBIG develop and implement a continuous
information dissemination program on the provisions of this Act, both at the
national and local level, immediately after the enactment of this law.
Section 39. "Araw Ng Mga Kasambahay". – The date upon which the President shall
approve this "Domestic Workers Act" shall be designated as the "Araw ng mga
Kasambahay".
ARTICLE IX
PENAL AND MISCELLANEOUS PROVISIONS
Section 40. Penalty. – Any violation of the provisions of this Act declared unlawful
shall be punishable with a fine of not less than Ten thousand pesos (P10,000.00)
but not more than Forty thousand pesos (P40,000.00) without prejudice to the
filing of appropriate civil or criminal action by the aggrieved party.
Section 41. Transitory Provision; Non-Diminution of Benefits. – All existing
arrangements between a domestic worker and the employer shall be adjusted to
conform to the minimum standards set by this Act within a period of sixty (60) days
after the effectivity of this Act: Provided, That adjustments pertaining to wages
shall take effect immediately after the determination and issuance of the
appropriate wage order by the RTWPBs: Provided, further, That nothing in this Act
shall be construed to cause the diminution or substitution of any benefits and
privileges currently enjoyed by the domestic worker hired directly or through an
agency.
Section 42. Implementing Rules and Regulations. – Within ninety (90) days from
the effectivity of this Act, the Secretary of Labor and Employment, the Secretary of
Social Welfare and Development, the Secretary of the Interior and Local
Government, and the Director General of the Philippine National Police, in
coordination with other concerned government agencies and accredited
nongovernment organizations (NGOs) assisting domestic workers, shall
promulgate the necessary rules and regulations for the effective implementation of
this Act.
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Under Atty. Paul Chavez | 51
 ARTICLE X
FINAL PROVISIONS
Section 43. Separability Clause. – If any provision or part of this Act is declared
invalid or unconstitutional, the remaining parts or provisions not affected shall
remain in full force and effect.
Section 44. Repealing Clause. – All articles or provisions of Chapter III
(Employment of Househelpers) of Presidential Decree No. 442, as amended and
renumbered by Republic Act No. 10151 are hereby expressly repealed. 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 45. Effectivity Clause. – This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in at least two (2) national
newspapers of general circulation.
RIGHTS OF PHYSICALLY AND MENTALLY DISABLED PERSONS
1. Definition of Disabled Person
A disability is any condition of the body or mind (impairment) that makes it more
difficult for the person with the condition to do certain activities (activity limitation)
and interact with the world around them (participation restrictions).
2. Convention on the Rights of Persons with Disabilities and Optional Protocol
Article 1
1. A State Party to the present Protocol ("State Party") recognizes the competence of the
Committee on the Rights of Persons with Disabilities ("the Committee") to receive and
consider communications from or on behalf of individuals or groups of individuals
subject to its jurisdiction who claim to be victims of a violation by that State Party of the
provisions of the Convention.
2. No communication shall be received by the Committee if it concerns a State Party to
the Convention that is not a party to the present Protocol.
Article 2
The Committee shall consider a communication inadmissible when:
(a) The communication is anonymous;
(b) The communication constitutes an abuse of the right of submission of such
communications or is incompatible with the provisions of the Convention;
(c) The same matter has already been examined by the Committee or has been or is
being examined under another procedure of international investigation or settlement;
(d) All available domestic remedies have not been exhausted. This shall not be the rule
where the application of the remedies is unreasonably prolonged or unlikely to bring
effective relief;
(e) It is manifestly ill-founded or not sufficiently substantiated; or when
(f) The facts that are the subject of the communication occurred prior to the entry into
force of the present Protocol for the State Party concerned unless those facts continued
after that date.
Article 3
Subject to the provisions of article 2 of the present Protocol, the Committee shall bring
any communications submitted to it confidentially to the attention of the State Party.
Within six months, the receiving State shall submit to the Committee written
explanations or statements clarifying the matter and the remedy, if any, that may have
been taken by that State.
Article 4
1. At any time after the receipt of a communication and before a determination on the
merits has been reached, the Committee may transmit to the State Party concerned for
its urgent consideration a request that the State Party take such interim measures as
may be necessary to avoid possible irreparable damage to the victim or victims of the
alleged violation.
2. Where the Committee exercises its discretion under paragraph 1 of this article, this
does not imply a determination on admissibility or on the merits of the communication.
Article 5
The Committee shall hold closed meetings when examining communications under the
present Protocol. After examining a communication, the Committee shall forward its
suggestions and recommendations, if any, to the State Party concerned and to the
petitioner.
Article 6
1. If the Committee receives reliable information indicating grave or systematic
violations by a State Party of rights set forth in the Convention, the Committee shall
invite that State Party to cooperate in the examination of the information and to this end
submit observations with regard to the information concerned.
2. Taking into account any observations that may have been submitted by the State
Party concerned as well as any other reliable information available to it, the Committee
may designate one or more of its members to conduct an inquiry and to report urgently
to the Committee. Where warranted and with the consent of the State Party, the inquiry
may include a visit to its territory.
3. After examining the findings of such an inquiry, the Committee shall transmit these
findings to the State Party concerned together with any comments and
recommendations.
4. The State Party concerned shall, within six months of receiving the findings,
comments and recommendations transmitted by the Committee, submit its
observations to the Committee.
5. Such an inquiry shall be conducted confidentially and the cooperation of the State
Party shall be sought at all stages of the proceedings.
Article 7
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Under Atty. Paul Chavez | 52
1. The Committee may invite the State Party concerned to include in its report under
article 35 of the Convention details of any measures taken in response to an inquiry
conducted under article 6 of the present Protocol.
2. The Committee may, if necessary, after the end of the period of six months referred
to in article 6.4, invite the State Party concerned to inform it of the measures taken in
response to such an inquiry.
Article 8
Each State Party may, at the time of signature or ratification of the present Protocol or
accession thereto, declare that it does not recognize the competence of the Committee
provided for in articles 6 and 7.
Article 9
The Secretary-General of the United Nations shall be the depositary of the present
Protocol.
Article 10
The present Protocol shall be open for signature by signatory States and regional
integration organizations of the Convention at United Nations Headquarters in New
York as of 30 March 2007.
Article 11
The present Protocol shall be subject to ratification by signatory States of this Protocol
which have ratified or acceded to the Convention. It shall be subject to formal
confirmation by signatory regional integration organizations of this Protocol which
have formally confirmed or acceded to the Convention. It shall be open for accession by
any State or regional integration organization which has ratified, formally confirmed or
acceded to the Convention and which has not signed the Protocol.
Article 12
1. "Regional integration organization" shall mean an organization constituted by
sovereign States of a given region, to which its member States have transferred
competence in respect of matters governed by the Convention and this Protocol. Such
organizations shall declare, in their instruments of formal confirmation or accession,
the extent of their competence with respect to matters governed by the Convention and
this Protocol. Subsequently, they shall inform the depositary of any substantial
modification in the extent of their competence.
2. References to "States Parties" in the present Protocol shall apply to such
organizations within the limits of their competence.
3. For the purposes of article 13, paragraph 1, and article 15, paragraph 2, any
instrument deposited by a regional integration organization shall not be counted.
4. Regional integration organizations, in matters within their competence, may exercise
their right to vote in the meeting of States Parties, with a number of votes equal to the
number of their member States that are Parties to this Protocol. Such an organization
shall not exercise its right to vote if any of its member States exercises its right, and vice
versa.
Article 13
1. Subject to the entry into force of the Convention, the present Protocol shall enter into
force on the thirtieth day after the deposit of the tenth instrument of ratification or
accession.
2. For each State or regional integration organization ratifying, formally confirming or
acceding to the Protocol after the deposit of the tenth such instrument, the Protocol shall
enter into force on the thirtieth day after the deposit of its own such instrument.
Article 14
1. Reservations incompatible with the object and purpose of the present Protocol shall
not be permitted.
2. Reservations may be withdrawn at any time.
Article 15
1. Any State Party may propose an amendment to the present Protocol and submit it to
the Secretary-General of the United Nations. The Secretary-General shall communicate
any proposed amendments to States Parties, with a request to be notified whether they
favour a meeting of States Parties for the purpose of considering and deciding upon the
proposals. In the event that, within four months from the date of such communication,
at least one third of the States Parties favour such a meeting, the Secretary-General shall
convene the meeting under the auspices of the United Nations. Any amendment adopted
by a majority of two thirds of the States Parties present and voting shall be submitted
by the Secretary-General to the General Assembly for approval and thereafter to all
States Parties for acceptance.
2. An amendment adopted and approved in accordance with paragraph 1 of this article
shall enter into force on the thirtieth day after the number of instruments of acceptance
deposited reaches two thirds of the number of States Parties at the date of adoption of
the amendment. Thereafter, the amendment shall enter into force for any State Party on
the thirtieth day following the deposit of its own instrument of acceptance. An
amendment shall be binding only on those States Parties which have accepted it.
Article 16
A State Party may denounce the present Protocol by written notification to the
Secretary-General of the United Nations. The denunciation shall become effective one
year after the date of receipt of the notification by the Secretary-General.
Article 17
The text of the present Protocol shall be made available in accessible formats.
Article 18
The Arabic, Chinese, English, French, Russian and Spanish texts of the present Protocol
shall be equally authentic.
In witness thereof the undersigned plenipotentiaries, being duly authorized thereto by
their respective Governments, have signed the present Protocol.
3. RA 7277 as amended by RA 9442 and RA 10070
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4. Rule 101, Rules of Court
Proceedings for Hospitalization of Insane Persons
Section 1. Venue, Petition for commitment. — A petition for the commitment of a
person to a hospital or other place for the insane may be filed with the Court of First
Instance of the province where the person alleged to be insane is found. The
petition shall be filed by the Director of Health in all cases where, in his opinion,
such commitment is for the public welfare, or for the welfare of said person who,
in his judgment, is insane and such person or the one having charge of him is
opposed to his being taken to a hospital or other place for the insane.
Section 2. Order for hearing. — If the petition filed is sufficient in form and
substance, the court, by an order reciting the purpose of the petition, shall fix a date
for the hearing thereof, and copy of such order shall be served on the person alleged
to be insane, and to the one having charge him, or on such of his relatives residing
in the province or city as the judge may deem proper. The court shall furthermore
order the sheriff to produce the alleged insane person, if possible, on the date of the
hearing.
Section 3. Hearing and judgment. — Upon satisfactory proof, in open court on the
date fixed in the order, that the commitment applied for is for the public welfare or
for the welfare of the insane person, and that his relatives are unable for any reason
to take proper custody and care of him, the court shall order his commitment to
such hospital or other place for the insane as may be recommended by the Director
of Health. The court shall make proper provisions for the custody of property or
money belonging to the insane until a guardian be properly appointed.
Section 4. Discharge of insane. — When, in the opinion of the Director of Health,
the person ordered to be committed to a hospital or other place for the insane is
temporarily or permanently cured, or may be released without danger he may file
the proper petition with the Court of First Instance which ordered the commitment.
Section 5. Assistance of fiscal in the proceeding. — It shall be the duty of the
provincial fiscal or in the City of Manila the fiscal of the city, to prepare the petition
for the Director of Health and represent him in court in all proceedings arising
under the provisions of this rule.
Cases:
Chinah Eno vs Concepcion
DOCTRINE: A judge has no unilateral power to release an insane person he
committed to an institution
FACTS:
- On November 15, 1927, one Chan Sam (alias Chin Ah Woo), was
charged with the murder of Chin Ah Kim.
- CFI decision: the accused is acquitted. However, he is required to be
committed for treatment in San Lazaro Hospital, in accordance with
article 8 of the Penal Code, with the admonition that the accused be not
permitted to leave the said institution without first obtaining the
permission of the court.
- In compliance with this order, Chan Sam was confined for
approximately two years in San Lazaro Hospital. During this period,
efforts to obtain his release were made by his wife and father-in-law
to have him proceed to Hongkong.
- The wife and children of the victim opposed, and contended that Chan
Sam was still insane, and that he had made threats that if he ever
obtained his liberty he would kill the wife and the children of the
deceased and probably other members of his own family who were
living in Hongkong.
- Doctors Domingo and De los Angeles examined the mental condition
of Chan Sam. After a report had been submitted, counsel for the
oppositors challenged the jurisdiction of the court.
- However, the respondent judge Concepcion sustained the court's right
to make an order in the premises and allowed Chan Sam to leave the
San Lazaro Hospital to be taken to Hongkong.
- Judge Concepcion used Article 8 of the Penal Code as basis in issuing
his order of release. It provides that among those exempt from
criminal liability are:
1. An imbecile or lunatic, unless the latter has acted during
the lucid interval.
When the imbecile or lunatic has committed an act which the
law defines as a grave felony, the court shall order his
confinement in one of the asylums established for persons
thus afflicted, which he shall not be permitted to leave
without first obtaining the permission of the same court.
- Petitioners argue that Section 1048 of the Administrative Code has
superseded or supplemented article 8 of the Penal Code, provides as
to the discharge of a patient from custody from a hospital for the
insane. It reads:
When in the opinion of the Director of Health any patient in
any Government hospital or other place for the insane is
temporarily or permanently cured, or may be released
without danger, he may discharge such patient, and shall
notify the Judge of the Court of First Instance who ordered
the commitment, in case the patient is confined by order of
the court.
ISSUE: Whether or not a judge has authority to unilaterally discharge an insane
person he has committed in a hospital or asylum.
RULING/RATIO: NO. Judge Concepcion erred
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- An examination of article 8, paragraph 1, of the Penal Code discloses
that the permission of the court who orders the confinement of one
accused of a grave felony in an insane asylum is a prerequisite for
obtaining release from the institution. The respondent judge has based
his action in this case on this provision of the law. On the other hand,
section 1048 of the Administrative Code grants to the Director of
Health authority to say when a patient may be discharged from an
insane asylum.
- Implied repeal of provisions of law is frowned upon. It is likewise a
canon of statutory construction that when two portions of the law can
be construed so that both can stand together, this should be done.
- In this respect, the court believes that the authority of the courts can
be sustained in cases where the courts take action, while the authority
of the Director of Health can be sustained in other cases not falling
within the jurisdiction of the courts. This latter construction is
reinforced by that portion of section 1048 of the Administrative Code
which requires the Director of Health to notify the Judge of First
Instance who ordered the commitment, in case the patient is confined
by order of the court.
- The following represents our deductions and conclusions. Article 8 of
the Penal Code has not been impliedly repealed by section 1048 of the
Administrative Code.
- Article 8 of the Penal Code and section 1048 of the Administrative Code
can be construed so that both can stand together. Considering article 8
of the Penal Code as in force and construing this article and section
1048 of the Administrative Code, we think that the Attorney-General
was right in expressing the opinion that the Director of Health was
without power to release, without proper judicial authority, any
person confined by order of the court in an asylum pursuant to the
provisions of article 8 of the Penal Code.
- We think also that the converse proposition is equally tenable, and is
that any person confined by order of the court in an asylum in
accordance with article 8 of the Penal Code cannot be discharged from
custody in an insane asylum until the views of the Director of Health
have been ascertained as to whether or not the person is temporarily
or permanently cured or may be released without danger.
- In other words, the powers of the courts and the Director of Health are
complementary each with the other. As a practical observation, it may
further be said that it is well to adopt all reasonable precautions to
ascertain if a person confined in an asylum as insane should be
permitted to leave the asylum, and this can best be accomplished
through the joint efforts of the courts and the Director of Health in
proper cases.
- Judge Concepcion acted patiently and cautiously in the matters which
came before him, yet he exceeded his authority when he issued his
orders of December 26, 1929, and March 17, 1930, without first having
before him the opinion of the Director of Health.
Rico Vda. De Inchausti vs Soler
In re guardianship of the incompetent Jose R. de Inchausti, MARIA
CONSUELO RICO VDA. DE INCHAUSTI, petitioner-appellant, vs. MANUEL
SOLER, opponent-appellee.
STREET, J.:
FACTS: On January 18, 1915, an order was entered in the Court of First Instance
of the city of Manila, upon the application of Maria Consuelo Rico, viuda de
Inchausti, appointing her guardian of the person and property of her son Jose R.
de Inchausti, on the ground that the latter had become demented and incapable
of properly caring for himself and estate. Soon after this step had been taken,
the ward was, upon the advice of physicians, sent to Barcelona, Spain, where he
has continued to reside.
On August 30, 1915, Manuel Soler, a resident of the city of Manila, in the
character of friend to the incapacitated person, filed a petition in the
guardianship proceedings, asking the court to rehabilitate him and bring the
guardianship to an end. This motion was opposed by the mother of the
incapacitate, in her character as guardian, on the grounds:
(1) that the ward had not been given sufficient notice of the hearing and ;
(2) that it had not been satisfactorily shown that he is now capable of taking care
of himself and property.
Upon hearing the petition the trial judge overruled both of these objections and
adjudged the ward, Jose R. de Inchausti, to be of sound mind. A further order
was made requiring the guardian to render her account within the period of
thirty days from the date upon which the order should become final. From this
decision the guardian appealed.
Section 562 of the Code of Civil Procedure, which deals with the subject of the
judicial restoration of incompetents to capacity, declares that, upon receiving
the petition , the court shall appoint a day for the hearing and cause notice of the
same to be given to the ward. In the present case the clerk, by order of the court,
sent a cablegram to the United States Consult at Barcelona, requesting him to
notify Jose R. de Inchausti that the petition for his restoration to capacity would
be heard in the Court of First Instance of Manila on October 19, 1918. In reply to
this, a cablegram was received from Barcelona on October 14, 1918, signed by
the Consul General of the United States in that city, advising that Inchausti had
been duly notified according to instructions. The trial judge held that notice to
the ward had been given as required by law, and he proceeded, on the appointed
day, to dispose of the petition upon its merits in accordance with the proof then
submitted.
ISSUE: W/N the order of the court was proper
HELD: YES. The notification of the ward required in section 562 of the Code
of Civil Procedure is not intended as a personal service of process in the
sense necessary to give the court jurisdiction over the ward. It is, therefore,
of no moment that the person to be notified was living in a foreign country and
thus beyond the territorial jurisdiction of the Manila court. Nor is the manner in
HOOMAN Rights by: Tisay
Under Atty. Paul Chavez | 55
 which the court procured service of the notice of any importance. It is sufficient
that the notice was given. The court in which the guardianship was pending
already had jurisdiction of the cause and the parties; and notification to the ward
— where the petition to rehabilitate him is presented by a friend — is required
merely as an assurance that the individual chiefly concerned shall have
cognizance of what is being done. It at least gives him an opportunity to advise
the court in case action taken by the mover of the petition was officious or
unauthorized. That the messages were sent and received by cable, as above
stated, affords sufficient evidence, in the absence of anything to the contrary,
that notification was duly effected, as reported in the return of the Consul
General.
Upon the question of the propriety of the order declaring the ward to be of sound
mind and requiring the guardian to submit her accounts, we are of the opinion
that the proof fully sustains the action taken by the court. In this connection it
appears that the violent access of dementia which manifested itself prior to the
original appointment of the guardian passed off after Inchausti was taken away
from Manila in 1915 and the same extreme manifestations of derangement have
not reappeared. Furthermore, the evidence shows that at the time the petition
for his rehabilitation was heard, the ward was in normal mental state and had
been in this condition for a period sufficiently long to justify the belief that he is
permanently restored. Under these circumstances it would be highly improper
to prolong the guardianship.
The opposition to the termination of the guardianship seems to be based chiefly
on the fear, entertained by his mother, that Inchausti, if placed in control of the
large property to which he is heir, will prove to be a spendthrift. Even though
this fear should be well-founded, it affords no reason for maintaining a
guardianship which had its origin in his mental incapacity. Of course if he is, or
should hereafter prove to be, a spendthrift, proper proceedings can be instituted
to protect him from wasteful proclivities. But present mental capacity being
proved, he is entitled to be discharged from tutelage.

RIGHTS OF ELDERLY
1. Art. 15, Sec. 4, 1987 Constitution

Section 4. The family has the duty to care for its elderly members but the State
may also do so through just programs of social security.

2. UN Principles on Elderly
3. RA 7432
4. RA 7876

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Under Atty. Paul Chavez | 56
 RIGHTS OF PRISONS AND DETAINEES
1. Difference of Detention Prisoner and Convicted Prisoner
Detainees are individuals who are kept in jail even though they have not yet been
convicted of a crime. A majority ofdetainees are individuals who are unable to obt
ain sufficient funds to post bail and therefore cannot be released from jailpending
a trial on the criminal charges.

A convict is "a person found guilty of a crime and sentenced by a court" or "a
person serving a sentence in prison".[1] Convicts are often also known as
"prisoners" or "inmates" or by the slang term "con",[2] while a common label for
former convicts, especially those recently released from prison, is "ex-con" ("ex-
convict"). Persons convicted and sentenced to non-custodial sentences tend not to
be described as "convicts".

2. Situation in PH Jails and Subhuman Conditions of Prisoners

3. Art. 10, ICCPR

1. All persons deprived of their liberty shall be treated with humanity and with respect
for the inherent dignity of the human person.

2.

(a) Accused persons shall, save in exceptional circumstances, be segregated from

convicted persons and shall be subject to separate treatment appropriate to their status
as unconvicted persons;

(b) Accused juvenile persons shall be separated from adults and brought as speedily as
possible for adjudication.

3. The penitentiary system shall comprise treatment of prisoners the essential aim of
which shall be their reformation and social rehabilitation. Juvenile offenders shall be
segregated from adults and be accorded treatment appropriate to their age and legal
status.

4. Art. III, Sec. 19 (2), 1987 Constitution

The employment of physical, psychological, or degrading punishment against any

prisoner or detainee or the use of substandard or inadequate penal facilities under
subhuman conditions shall be dealt with by law.

HOOMAN Rights by: Tisay

Under Atty. Paul Chavez | 57