Republic Act No 8552 and 8042

8/3/2019 Republic Act No 8552 and 8042

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Republic Act No. 8552 February 25, 1998

AN ACT ESTABLISHING THE RULES AND POLICIES ON THE DOMESTIC ADOPTIONOF FILIPINO CHILDREN AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congressassembled: :

ARTICLE IGENERAL PROVISIONS

Section 1. Short Title . This Act shall be known as the " Domestic Adoption Act of 1998 ."

Section 2. Declaration of Policies . (a) It is hereby declared the policy of the State toensure that every child remains under the care and custody of his/her parent(s) and beprovided with love, care, understanding and security towards the full and harmoniousdevelopment of his/her personality. Only when such efforts prove insufficient and noappropriate placement or adoption within the child's extended family is available shalladoption by an unrelated person be considered.

(b) In all matters relating to the care, custody and adoption of a child, his/her interest shallbe the paramount consideration in accordance with the tenets set forth in the UnitedNations (UN) Convention on the Rights of the Child; UN Declaration on Social and LegalPrinciples Relating to the Protection and Welfare of Children with Special Reference toFoster Placement and Adoption, Nationally and Internationally; and the Hague Conventionon the Protection of Children and Cooperation in Respect of Intercountry Adoption. Towardthis end, the State shall provide alternative protection and assistance through foster care or

adoption for every child who is neglected, orphaned, or abandoned.

(c) It shall also be a State policy to:

(i) Safeguard the biological parent(s) from making hurried decisions to relinquishhis/her parental authority over his/her child;

(ii) Prevent the child from unnecessary separation from his/her biological parent(s);

(iii) Protect adoptive parent(s) from attempts to disturb his/her parental authority andcustody over his/her adopted child.

Any voluntary or involuntary termination of parental authority shall beadministratively or judicially declared so as to establish the status of the child as"legally available for adoption" and his/her custody transferred to the Department ofSocial Welfare and Development or to any duly licensed and accredited child-placingor child-caring agency, which entity shall be authorized to take steps for thepermanent placement of the child;


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(iv) Conduct public information and educational campaigns to promote a positiveenvironment for adoption;

(v) Ensure that sufficient capacity exists within government and private sectoragencies to handle adoption inquiries, process domestic adoption applications, andoffer adoption-related services including, but not limited to, parent preparation andpost-adoption education and counseling; and

(vi) Encourage domestic adoption so as to preserve the child's identity and culture inhis/her native land, and only when this is not available shall intercountry adoption beconsidered as a last resort.

Section 3. Defini tion of Terms . For purposes of this Act, the following terms shall bedefined as:

(a) "Child" is a person below eighteen (18) years of age.

(b) "A child legally available for adoption" refers to a child who has been voluntarilyor involuntarily committed to the Department or to a duly licensed and accreditedchild-placing or child-caring agency, freed of the parental authority of his/herbiological parent(s) or guardian or adopter(s) in case of rescission of adoption.

(c) "Voluntarily committed child" is one whose parent(s) knowingly and willinglyrelinquishes parental authority to the Department.

(d) "Involuntarily committed child" is one whose parent(s), known or unknown, hasbeen permanently and judicially deprived of parental authority due to abandonment;substantial, continuous, or repeated neglect; abuse; or incompetence to discharge

parental responsibilities.

(e) "Abandoned child" refers to one who has no proper parental care or guardianshipor whose parent(s) has deserted him/her for a period of at least six (6) continuousmonths and has been judicially declared as such.

(f) "Supervised trial custody" is a period of time within which a social workeroversees the adjustment and emotional readiness of both adopter(s) and adoptee instabilizing their filial relationship.

(g) "Department" refers to the Department of Social Welfare and Development.

(h) "Child-placing agency" is a duly licensed and accredited agency by theDepartment to provide comprehensive child welfare services including, but notlimited to, receiving applications for adoption, evaluating the prospective adoptiveparents, and preparing the adoption home study.

(i) "Child-caring agency" is a duly licensed and accredited agency by the Departmentthat provides twenty four (24)-hour residential care services for abandoned,orphaned, neglected, or voluntarily committed children.


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(j) "Simulation of birth" is the tampering of the civil registry making it appear in thebirth records that a certain child was born to a person who is not his/her biologicalmother, causing such child to lose his/her true identity and status.

ARTICLE II PRE-ADOPTION SERVICES

Section 4. Counseling S ervice . The Department shall provide the services of licensedsocial workers to the following:

(a) Biological Parent(s) Counseling shall be provided to the parent(s) before andafter the birth of his/her child. No binding commitment to an adoption plan shall bepermitted before the birth of his/her child. A period of six (6) months shall be allowedfor the biological parent(s) to reconsider any decision to relinquish his/her child foradoption before the decision becomes irrevocable. Counseling and rehabilitationservices shall also be offered to the biological parent(s) after he/she has relinquishedhis/her child for adoption.

Steps shall be taken by the Department to ensure that no hurried decisions aremade and all alternatives for the child's future and the implications of eachalternative have been provided.

(b) Prospective Adoptive Parent(s) Counseling sessions, adoption fora andseminars, among others, shall be provided to prospective adoptive parent(s) toresolve possible adoption issues and to prepare him/her for effective parenting.

(c) Prospective Adoptee Counseling sessions shall be provided to ensure thathe/she understands the nature and effects of adoption and is able to express his/her

views on adoption in accordance with his/her age and level of maturity.

Section 5. Location of Unknown Parent(s) . It shall be the duty of the Department or thechild-placing or child-caring agency which has custody of the child to exert all efforts tolocate his/her unknown biological parent(s). If such efforts fail, the child shall be registeredas a foundling and subsequently be the subject of legal proceedings where he/she shall bedeclared abandoned.

Section 6. Support Services . The Department shall develop a pre-adoption programwhich shall include, among others, the above mentioned services.

ARTICLE III ELIGIBILITY

Section 7. Who May A dopt . The following may adopt:

(a) Any Filipino citizen of legal age, in possession of full civil capacity and legalrights, of good moral character, has not been convicted of any crime involving moralturpitude, emotionally and psychologically capable of caring for children, at leastsixteen (16) years older than the adoptee, and who is in a position to support and


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care for his/her children in keeping with the means of the family. The requirement ofsixteen (16) year difference between the age of the adopter and adoptee may bewaived when the adopter is the biological parent of the adoptee, or is the spouse ofthe adoptee's parent;

(b) Any alien possessing the same qualifications as above stated for Filipinonationals: Provided , That his/her country has diplomatic relations with the Republicof the Philippines, that he/she has been living in the Philippines for at least three (3)continuous years prior to the filing of the application for adoption and maintains suchresidence until the adoption decree is entered, that he/she has been certified byhis/her diplomatic or consular office or any appropriate government agency thathe/she has the legal capacity to adopt in his/her country, and that his/hergovernment allows the adoptee to enter his/her country as his/her adoptedson/daughter: Provided, Further, That the requirements on residency andcertification of the alien's qualification to adopt in his/her country may be waived forthe following:

(i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th)degree of consanguinity or affinity; or

(ii) one who seeks to adopt the legitimate son/daughter of his/her Filipinospouse; or

(iii) one who is married to a Filipino citizen and seeks to adopt jointly withhis/her spouse a relative within the fourth (4th) degree of consanguinity oraffinity of the Filipino spouse; or

(c) The guardian with respect to the ward after the termination of the guardianship

and clearance of his/her financial accountabilities.Husband and wife shall jointly adopt, except in the following cases:

(i) if one spouse seeks to adopt the legitimate son/daughter of the other; or

(ii) if one spouse seeks to adopt his/her own illegitimate son/daughter: Provided,However, that the other spouse has signified his/her consent thereto; or

(iii) if the spouses are legally separated from each other.

In case husband and wife jointly adopt, or one spouse adopts the illegitimate son/daughterof the other, joint parental authority shall be exercised by the spouses.

Section 8. Who May B e Adopted . The following may be adopted:

(a) Any person below eighteen (18) years of age who has been administratively or judicially declared available for adoption;

(b) The legitimate son/daughter of one spouse by the other spouse;


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(c) An illegitimate son/daughter by a qualified adopter to improve his/her status tothat of legitimacy;

(d) A person of legal age if, prior to the adoption, said person has been consistentlyconsidered and treated by the adopter(s) as his/her own child since minority;

(e) A child whose adoption has been previously rescinded; or

(f) A child whose biological or adoptive parent(s) has died: Provided, That noproceedings shall be initiated within six (6) months from the time of death of saidparent(s).

Section 9. Whose Consent is Neces sary to the Adoption . After being properlycounseled and informed of his/her right to give or withhold his/her approval of the adoption,the written consent of the following to the adoption is hereby required:

(a) The adoptee, if ten (10) years of age or over;

(b) The biological parent(s) of the child, if known, or the legal guardian, or the propergovernment instrumentality which has legal custody of the child;

(c) The legitimate and adopted sons/daughters, ten (10) years of age or over, of theadopter(s) and adoptee, if any;

(d) The illegitimate sons/daughters, ten (10) years of age or over, of the adopter ifliving with said adopter and the latter's spouse, if any; and

(e) The spouse, if any, of the person adopting or to be adopted.

ARTICLE IV PROCEDURE

Section 10. Hurried Decis ions . In all proceedings for adoption, the court shall requireproof that the biological parent(s) has been properly counseled to prevent him/her frommaking hurried decisions caused by strain or anxiety to give up the child, and to sustain thatall measures to strengthen the family have been exhausted and that any prolonged stay ofthe child in his/her own home will be inimical to his/her welfare and interest.

Section 11. Case Study . No petition for adoption shall be set for hearing unless alicensed social worker of the Department, the social service office of the local governmentunit, or any child-placing or child-caring agency has made a case study of the adoptee,his/her biological parent(s), as well as the adopter(s), and has submitted the report andrecommendations on the matter to the court hearing such petition.

At the time of preparation of the adoptee's case study, the concerned social worker shallconfirm with the Civil Registry the real identity and registered name of the adoptee. If thebirth of the adoptee was not registered with the Civil Registry, it shall be the responsibility ofthe concerned social worker to ensure that the adoptee is registered.


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The case study on the adoptee shall establish that he/she is legally available for adoptionand that the documents to support this fact are valid and authentic. Further, the case studyof the adopter(s) shall ascertain his/her genuine intentions and that the adoption is in thebest interest of the child.

The Department shall intervene on behalf of the adoptee if it finds, after the conduct of thecase studies, that the petition should be denied. The case studies and other relevantdocuments and records pertaining to the adoptee and the adoption shall be preserved bythe Department.

Section 12. Supervised Trial Cus tody . No petition for adoption shall be finally granteduntil the adopter(s) has been given by the court a supervised trial custody period for at leastsix (6) months within which the parties are expected to adjust psychologically andemotionally to each other and establish a bonding relationship. During said period,temporary parental authority shall be vested in the adopter(s).

The court may motu proprio or upon motion of any party reduce the trial period if it finds thesame to be in the best interest of the adoptee, stating the reasons for the reduction of theperiod. However, for alien adopter(s), he/she must complete the six (6)-month trial custodyexcept for those enumerated in Sec. 7 (b) (i) (ii) (iii).

If the child is below seven (7) years of age and is placed with the prospective adopter(s)through a pre-adoption placement authority issued by the Department, the prospectiveadopter(s) shall enjoy all the benefits to which biological parent(s) is entitled from the datethe adoptee is placed with the prospective adopter(s).

Section 13. Decree of Adoption . If, after the publication of the order of hearing has beencomplied with, and no opposition has been interposed to the petition, and after

consideration of the case studies, the qualifications of the adopter(s), trial custody reportand the evidence submitted, the court is convinced that the petitioners are qualified toadopt, and that the adoption would redound to the best interest of the adoptee, a decree ofadoption shall be entered which shall be effective as of the date the original petition wasfiled. This provision shall also apply in case the petitioner(s) dies before the issuance of thedecree of adoption to protect the interest of the adoptee. The decree shall state the nameby which the child is to be known.

Section 14. Civil Regis try R ecord . An amended certificate of birth shall be issued by theCivil Registry, as required by the Rules of Court, attesting to the fact that the adoptee is thechild of the adopter(s) by being registered with his/her surname. The original certificate ofbirth shall be stamped "cancelled" with the annotation of the issuance of an amended birthcertificate in its place and shall be sealed in the civil registry records. The new birthcertificate to be issued to the adoptee shall not bear any notation that it is an amendedissue.

Section 15. Confidential Nature of Proceeding s and Records . All hearings in adoptioncases shall be confidential and shall not be open to the public. All records, books, andpapers relating to the adoption cases in the files of the court, the Department, or any other
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agency or institution participating in the adoption proceedings shall be kept strictlyconfidential.

If the court finds that the disclosure of the information to a third person is necessary forpurposes connected with or arising out of the adoption and will be for the best interest of theadoptee, the court may merit the necessary information to be released, restricting thepurposes for which it may be used.

ARTICLE V EFFECTS OF ADOPTION

Section 16. Parental Authority . Except in cases where the biological parent is thespouse of the adopter, all legal ties between the biological parent(s) and the adoptee shallbe severed and the same shall then be vested on the adopter(s).

Section 17. Legitimacy. The adoptee shall be considered the legitimate son/daughter ofthe adopter(s) for all intents and purposes and as such is entitled to all the rights andobligations provided by law to legitimate sons/daughters born to them without discriminationof any kind. To this end, the adoptee is entitled to love, guidance, and support in keepingwith the means of the family.

Section 18. Succes s ion . In legal and intestate succession, the adopter(s) and theadoptee shall have reciprocal rights of succession without distinction from legitimatefiliation. However, if the adoptee and his/her biological parent(s) had left a will, the law ontestamentary succession shall govern.

ARTICLE VI RESCISSION OF ADOPTION

Section 19. Grounds for Rescis s ion of Adoption . Upon petition of the adoptee, withthe assistance of the Department if a minor or if over eighteen (18) years of age but isincapacitated, as guardian/counsel, the adoption may be rescinded on any of the followinggrounds committed by the adopter(s): (a) repeated physical and verbal maltreatment by theadopter(s) despite having undergone counseling; (b) attempt on the life of the adoptee; (c)sexual assault or violence; or (d) abandonment and failure to comply with parentalobligations.

Adoption, being in the best interest of the child, shall not be subject to rescission by theadopter(s). However, the adopter(s) may disinherit the adoptee for causes provided in

Article 919 of the Civil Code.

Section 20. Effects of Rescis s ion . If the petition is granted, the parental authority of theadoptee's biological parent(s), if known, or the legal custody of the Department shall berestored if the adoptee is still a minor or incapacitated. The reciprocal rights and obligationsof the adopter(s) and the adoptee to each other shall be extinguished.

The court shall order the Civil Registrar to cancel the amended certificate of birth of theadoptee and restore his/her original birth certificate.
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Succession rights shall revert to its status prior to adoption, but only as of the date of judgment of judicial rescission. Vested rights acquired prior to judicial rescission shall berespected.

All the foregoing effects of rescission of adoption shall be without prejudice to the penaltiesimposable under the Penal Code if the criminal acts are properly proven.

ARTICLE VII VIOLATIONS AND PENALTIES

Section 21. Violations and Penalties . (a) The penalty of imprisonment ranging from six(6) years and one (1) day to twelve (12) years and/or a fine not less than Fifty thousandpesos (P50,000.00), but not more than Two hundred thousand pesos (P200,000.00) at thediscretion of the court shall be imposed on any person who shall commit any of thefollowing acts:

(i) obtaining consent for an adoption through coercion, undue influence, fraud,improper material inducement, or other similar acts;

(ii) non-compliance with the procedures and safeguards provided by the law foradoption; or

(iii) subjecting or exposing the child to be adopted to danger, abuse, or exploitation.

(b) Any person who shall cause the fictitious registration of the birth of a child under thename(s) of a person(s) who is not his/her biological parent(s) shall be guilty of simulation ofbirth, and shall be punished by prision mayor in its medium period and a fine not exceedingFifty thousand pesos (P50,000.00).

Any physician or nurse or hospital personnel who, in violation of his/her oath of office, shallcooperate in the execution of the abovementioned crime shall suffer the penalties hereinprescribed and also the penalty of permanent disqualification.

Any person who shall violate established regulations relating to the confidentiality andintegrity of records, documents, and communications of adoption applications, cases, andprocesses shall suffer the penalty of imprisonment ranging from one (1) year and one (1)day to two (2) years, and/or a fine of not less than Five thousand pesos (P5,000.00) but notmore than Ten thousand pesos (P10,000.00), at the discretion of the court.

A penalty lower by two (2) degrees than that prescribed for the consummated offense underthis Article shall be imposed upon the principals of the attempt to commit any of the actsherein enumerated. Acts punishable under this Article, when committed by a syndicate orwhere it involves two (2) or more children shall be considered as an offense constitutingchild trafficking and shall merit the penalty of reclusion perpetua .

Acts punishable under this Article are deemed committed by a syndicate if carried out by agroup of three (3) or more persons conspiring and/or confederating with one another incarrying out any of the unlawful acts defined under this Article. Penalties as are herein


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provided, shall be in addition to any other penalties which may be imposed for the sameacts punishable under other laws, ordinances, executive orders, and proclamations.

When the offender is an alien, he/she shall be deported immediately after service ofsentence and perpetually excluded from entry to the country.

Any government official, employee or functionary who shall be found guilty of violating anyof the provisions of this Act, or who shall conspire with private individuals shall, in additionto the above-prescribed penalties, be penalized in accordance with existing civil servicelaws, rules and regulations: Provided , That upon the filing of a case, either administrative orcriminal, said government official, employee, or functionary concerned shall automaticallysuffer suspension until the resolution of the case.

Section 22. R ectification of Simulated Births . A person who has, prior to the effectivityof this Act, simulated the birth of a child shall not be punished for such act: Provided , Thatthe simulation of birth was made for the best interest of the child and that he/she has beenconsistently considered and treated by that person as his/her own son/daughter: Provided,

further, That the application for correction of the birth registration and petition for adoptionshall be filed within five (5) years from the effectivity of this Act and completedthereafter: Provided, finally, That such person complies with the procedure as specified in

Article IV of this Act and other requirements as determined by the Department.

ARTICLE VIII FINAL PROVISIONS

Section 23. Adoption R esource and R eferral Office . There shall be established an Adoption Resources and Referral Office under the Department with the following functions:(a) monitor the existence, number, and flow of children legally available for adoption and

prospective adopter(s) so as to facilitate their matching; (b) maintain a nationwideinformation and educational campaign on domestic adoption; (c) keep records of adoptionproceedings; (d) generate resources to help child-caring and child-placing agencies andfoster homes maintain viability; and (e) do policy research in collaboration with theIntercountry Adoption Board and other concerned agencies. The office shall be manned byadoption experts from the public and private sectors.

Section 24. Implementing R ules and Regulations . Within six (6) months from thepromulgation of this Act, the Department, with the Council for the Welfare of Children, theOffice of Civil Registry General, the Department of Justice, Office of the Solicitor General,and two (2) private individuals representing child-placing and child-caring agencies shallformulate the necessary guidelines to make the provisions of this Act operative.

Section 25. Appropr iations . Such sum as may be necessary for the implementation ofthe provisions of this Act shall be included in the General Appropriations Act of the yearfollowing its enactment into law and thereafter.

Section 26. R epealing Clause . Any law, presidential decree or issuance, executiveorder, letter of instruction, administrative order, rule, or regulation contrary to, or


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inconsistent with the provisions of this Act is hereby repealed, modified, or amendedaccordingly.

Section 27. S eparability Claus e . If any provision of this Act is held invalid orunconstitutional, the other provisions not affected thereby shall remain valid and subsisting.

Section 28. Effectivity Clause . This Act shall take effect fifteen (15) days following itscomplete publication in any newspaper of general circulation or in the Official Gazette.

Approved: February 25, 1998

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REPUBLIC ACT NO. 8042 Migrant Workers and Overseas Filipinos Act of 1995

An act to institute the policies of overseas employment and establish a higher standard of protection and promotion of the welfare of migrant workers, their families and overseas Filipinos

in distress, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Philippines in Congressassembled:

SEC. 1. SHORT TITLE. - This act shall be known and cited as the "Migrant Workers andOverseas Filipinos Act of 1995."

SEC. 2. DECLARATION OF POLICIES--

(a) In the pursuit of an independent foreign policy and while considering national sovereignty,

territorial integrity, national interest and the right to self-determination paramount in its relationswith other states, the State shall, at all times, uphold the dignity of its citizens whether in countryor overseas, in general, and Filipino migrant workers, in particular.

(b) The State shall afford full protection to labor, local and overseas, organized and unorganized,and promote full employment and equality of employment opportunities for all. Towards thisend, the State shall provide adequate and timely social, economic and legal services to Filipinomigrant workers.

(c) While recognizing the significant contribution of Filipino migrant workers to the nationaleconomy through their foreign exchange remittances, the State does not promote overseas

employment as a means to sustain economic growth and achieve national development. Theexistence of the overseas employment program rests solely on the assurance that the dignity andfundamental human rights and freedoms of the Filipino citizens shall not, at any time, becompromised or violated. The State, therefore, shall continuously create local employmentopportunities and promote the equitable distribution of wealth and the benefits of development.

(d) The State affirms the fundamental equality before the law of women and men and thesignificant role of women in nation-building. Recognizing the contribution of overseas migrantwomen workers and their particular vulnerabilities, the State shall apply gender sensitive criteriain the formulation and implementation of policies and programs affecting migrant workers andthe composition of bodies tasked for the welfare of migrant workers.

(e) Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not bedenied to any persons by reason of poverty. In this regard, it is imperative that an effectivemechanism be instituted to ensure that the rights and interest of distressed overseas Filipinos, ingeneral, and Filipino migrant workers, in particular, documented or undocumented, areadequately protected and safeguarded.


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(f) The right of Filipino migrant workers and all overseas Filipinos to participate in thedemocratic decision-making processes of the State and to be represented in institutions relevantto overseas employment is recognized and guaranteed.

(g) The State recognizes that the ultimate protection to all migrant workers is the possession of

skills. Pursuant to this and as soon as practicable, the government shall deploy and/or allow thedeployment only to skilled Filipino workers.

(h) Non-governmental organizations, duly recognized as legitimate, are partners of the State inthe protection of Filipino migrant workers and in the promotion of their welfare, the State shallcooperate with them in a spirit of trust and mutual respect.

(I) Government fees and other administrative costs of recruitment, introduction, placement andassistance to migrant workers shall be rendered free without prejudice to the provision of Section36 hereof.

Nonetheless, the deployment of Filipino overseas workers, whether land-based or sea-based bylocal service contractors and manning agencies employing them shall be encouraged.Appropriate incentives may be extended to them.

SEC. 3. DEFINITIONS. - For purposes of this Act:

(a) "Migrant worker" refers to a person who is to be engaged, is engaged or has been engaged ina renumerated activity in a state of which he or she is not a legal resident to be usedinterchangeably with overseas Filipino worker.

(b) "Gender-sensitivity" shall mean cognizance of the inequalities and inequities prevalent in

society between women and men and a commitment to address issues with concern for therespective interests of the sexes.

(c) "Overseas Filipinos" refers to dependents of migrant workers and other Filipino nationalsabroad who are in distress as mentioned in Sections 24 and 26 of this Act.

I. DEPLOYMENT

SEC. 4. Deployment of Migrant Workers - The State shall deploy overseas Filipino workers onlyin countries where the rights of Filipino migrant workers are protected. The governmentrecognizes any of the following as guarantee on the part of the receiving country for the

protection and the rights of overseas Filipino workers:(a) It has existing labor and social laws protecting the rights of migrant workers;

(b) It is a signatory to multilateral conventions, declaration or resolutions relating to the protection of migrant workers;


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(c) It has concluded a bilateral agreement or arrangement with the government protecting therights of overseas Filipino workers; and

(d) It is taking positive, concrete measures to protect the rights of migrant workers.

SEC. 5. TERMINATION OR BAN ON DEPLOYMENT - Notwithstanding the provisions ofSection 4 hereof, the government, in pursuit of the national interest or when public welfare sorequires, may, at any time, terminate or impose a ban on the deployment of migrant workers.

II. ILLEGAL RECRUITMENT

Sec. 6. DEFINITIONS. - For purposes of this Act, illegal recruitment shall mean any act ofcanvassing, enlisting, contracting, transporting, utilizing, hiring, procuring workers and includesreferring, contact services, promising or advertising for employment abroad, whether for profitor not, when undertaken by a non-license or non-holder of authority contemplated under Article13(f) of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the

Philippines. Provided, that such non-license or non-holder, who, in any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. Itshall likewise include the following acts, whether committed by any persons, whether a non-licensee, non-holder, licensee or holder of authority.

(a) To charge or accept directly or indirectly any amount greater than the specified in theschedule of allowable fees prescribed by the Secretary of Labor and Employment, or to make aworker 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 recruitmentor employment;

(c) To give any false notice, testimony, information or document or commit any act ofmisrepresentation 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 tooffer him another unless the transfer is designed to liberate a worker from oppressive terms andconditions of employment;

(e) To influence or attempt to influence any persons or entity not to employ any worker who hasnot applied for employment through his agency;

(f) To engage in the recruitment of placement of workers in jobs harmful to public health ormorality 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;


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(h) To fail to submit reports on the status of employment, placement vacancies, remittances offoreign exchange earnings, separations from jobs, departures and such other matters orinformation 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 bythe parties up to and including the period of the expiration of the same without the approval ofthe Department of Labor and Employment;

(j) For an officer or agent of a recruitment or placement agency to become an officer or memberof the Board of any corporation engaged in travel agency or to be engaged directly on indirectlyin the management of a travel agency;

(k) To withhold or deny travel documents from applicant workers before departure for monetaryor financial considerations other than those authorized under the Labor Code and itsimplementing rules and regulations;

(l) Failure to actually deploy without valid reasons as determined by the Department of Laborand Employment; and

(m) Failure to reimburse expenses incurred by the workers in connection with his documentationand 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 largescale shall be considered as offense involving economic sabotage.

Illegal recruitment is deemed committed by a syndicate carried out by a group of three (3) ormore 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 andaccessories. In case of juridical persons, the officers having control, management or direction oftheir business shall be liable.

SEC. 7. PENALTIES -

(a) Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of notless than six (6) years and one (1) day but not more than twelve (12) years and a fine not lessthan two hundred thousand pesos (P200,000.00) nor more than five hundred thousand pesos

(P500,000.00).(b) The penalty of life imprisonment and a fine of not less than five hundred thousand pesos

(P500,000.00) nor more than one million pesos (P1,000,000.00) shall be imposed if illegalrecruitment constitutes economic sabotage as defined herein.

Provided, however, that the maximum penalty shall be imposed if the person illegally recruitedis less than eighteen (18) years of age or committed by a non-licensee or non-holder of authority.


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SEC. 8. PROHIBITION ON OFFICIALS AND EMPLOYEES. - Ot shall be unlawful for anyofficial or employee of the Department of Labor and Employment, the Philippine OverseasEmployment Administration, or the Overseas Workers Welfare Administration, or theDepartment of Foreign Affairs, or other government agencies involved in the implementation ofthis Act, or their relatives within the fourth civil degree of consanguinity or affinity, to engage,

directly or indirectly, in the business of recruiting migrant workers as defined in this Act. The penalties shall be imposed upon them.

SEC. 9. VENUE. - A criminal action arising from illegal recruitment as defined herein shall befiled with the Regional Trial Court of the province or city where the offense was committed orwhere the offended party actually resides at the same time of the commission of the offense:Provided, That the court where the criminal action is first filed shall acquire jurisdiction to theexclusion of other courts. Provided, however, That the aforestated provisions shall also apply tothose criminal actions that have already been filed in court at the time of the effectivity of thisAct.

SEC. 10. MONEY CLAIMS. - Botwithstanding any provision of law to the contrary, the LaborArbiters of the National Labor Relations Commission (NLRC) shall have the priginal andexclusive jurisdiction to hear and decide, within ninety (90) calendar days after filing of thecomplaint, the claims arising out of an employer-employee relationship or by virtue of any lawor contract involving Filipino workers for overseas deployment including claims for actual,moral, exemplary and other forms of damages.

The liability of the principal/employer and the recruitment/placement agency for anyand all claims under this section shall be joint and several. This provisions shall be incorporatedin 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 therecruitment/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 corporationor partnership for the aforesaid claims and damages.

Such liabilities shall continue during the entire period or duration of the employmentcontract and shall not be affected by any substitution, amendment or modification made locallyor in a foreign country of the said contract.

Any compromise/amicable settlement or voluntary agreement on money claimsinclusive of damages under this section shall be paid within four (4) months from the approval ofthe settlement by the appropriate authority.

In case of termination of overseas employment without just, valid or authorized causeas defined by law or contract, the workers shall be entitled to the full reimbursement of his

placement fee with interest of twelve percent (12%) per annum, plus his salaries for theunexpired portion of his employment contract or for three (3) months for every year of theunexpired term, whichever is less.


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Non-compliance with the mandatory periods for resolutions of cases provided underthis section shall subject the responsible officials to any or all of the following penalties:

(a) The salary of any such official who fails to render his decision or resolutions withinthe prescribed period shall be, or caused to be, withheld until the said official complies

therewith;

(b) Suspension for not more than ninety (90) days; or

(c) Dismissal from the service with disqualifications to hold any appointive publicoffice for five (5) years.

Provided, however, that the penalties herein provided shall be without prejudice to anyliability which any such official may have incurred under other existing laws or rules andregulations as a consequence of violating the provisions of this paragraph.

SEC. 11. MANADATORY PERIODS FOR RESOLUTION OF ILLEGALRECRUITMENT CASES. - The preliminary investigations of cases under this Act shall beterminated within a period of thirty (30) calendar days from the date of their filing. Where the

preliminary investigation is conducted by a prosecution officer and a prima facie case isestablished, the corresponding information shall be filed in court within twenty-four (24) hoursfrom the termination of the investigation. If the preliminary investigation is conducted by a judgeand a prima facie case is found to exist, prosecution officer within forty-eight (48) hours fromthe date of receipt of the records of the case.

SEC. 12. PRESCRIPTIVE PERIODS. - Illegal recruitment cases under this Act shall prescribe in five (5) years: Provided, however, That illegal recruitment cases involving economic

sabotage as defined herein shall prescribe in twenty (20) years.SEC. 13. FREE LEGAL ASSISTANCE, PREFERENTIAL ENTITLEMENT UNDER

THE WITNESS PROTECTION PROGRAM. - A mechanism for free legal assistance forvictims of illegal recruitment shall be established within the Department of Labor andEmployment including its regional offices. Such mechanism must include coordination andcooperation with the Department of Justice, the Integrated Bar of the Philippines, and other non-governmental organizations and volunteer groups.

The provisions of Republic Act No. 6981 to the contrary, notwithstanding, any personwho is a victim of illegal recruitment shall be entitled to the Witness Protection Program

provided thereunder.III. SERVICES

SEC. 14. TRAVEL ADVISORY/INFORMATION DISSEMINATION. - To giveutmost priority to the establishment of programs and services to prevent illegal recruitment,fraud, and exploitation or abuse of Filipino migrant workers, all embassies and consular offices,through the Philippine Overseas Employment Administration (POEA), shall issue travel


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advisories or disseminate information on labor and employment conditions, migration realitiesand other facts; and adherence of particular countries to international standards on human andworkers' rights which will adequately prepare individuals into making informed and intelligentdecisions about overseas employment. Such advisory or information shall be published in anewspaper of general circulation at least three (3) times in every quarter.

SEC. 15. REPATRIATION OF WORKERS; EMERGENCY REPATRIATIONFUND. - The repatriation of the worker and the transport of his personal belongings shall be the

primary responsibility of the agency which recruited or deployed the worker overseas. All costsattendant to repatriation shall be borne by or charged to the agency concerned and/or its

principal. Likewise, the repatriation of remains and transport of the personal belongings of adeceased worker and all costs attendant thereto shall be borne by the principal and/or localagency. However, in cases where the termination of employment is due solely to the fault of theworker, the principal/employer or agency shall not in any manner be responsible for therepatriation of the former and/or his belongings.

The Overseas Workers Welfare Administration (OWWA), in coordination ithappropriate international agencies, shall undertake the repatriation of workers in cases of war,epidemic, disasters or calamities, natural or man-made, and other similar events without

prejudice to reimbursement by the responsible principal or agency. However, in cases where the principal or recruitment agency cannot be identified, all costs attendant to repatriation shall be borne by the OWWA.

For this purposes, there is hereby created and established an emergency repatriationfund under the administration control and supervision of the OWWA, initially to consist of onehundred million pesos (P100,000,000.00), inclusive of outstanding balances.

SEC. 16. MANDATORY REPATRIATION OF UNDERAGE MIGRANTWORKERS. - Upon discovery or being informed of the presence of migrant workers whoseactual ages fall below the minimum age requirement for overseas deployment, the responsibleofficers in the foreign service shall without delay repatriate said workers and advise theDepartment of Foreign Affairs through the fastest means of communication availavle of suchdiscovery and other relevant information.

SEC. 17. ESTABLISHMENT OF RE-PLACEMENT AND MONITORING CENTER.- A replacement and monitoring center is hereby created in the Department of Labor andEmployment for returning Filipino migrant workers which shall provide a mechanism for theirreintegration 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 WelfareAdministration, and the Philippine Overseas Employment Administration shall, within ninety(90) days from the effectivity of this Act, formulate a program that would motivate migrantworkers to plan for productive options such as entry into highly technical jobs or undertakings,livelihood and entrepreneurial development, better wage employment, and investment ofsavings.


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For this purpose, the Technical Education and Skills Development Authority(TESDA), the Technology Livelihood Resource Center (TLRC), and other government agenciesinvolved in training and livelihood development shall give priority to return who had beenemployed as domestic helpers and entertainers.

SEC. 18. FUNCTIONS OF THE RE-PLACEMENT AND MONITORING CENTER.- The center shall provide the following service:

(a) Develop livelihood programs and projects for returning Filipino migrant workers incoordination with the private sector;

(b) Coordinate with appropriate private and government agencies the promotion,development, re-placement and the full utilization of their potentials;

(c) Institute in cooperation with other government agencies concerned, a computer- based information system on skilled Filipino migrant workers which shall be accessible to all

local recruitment agencies and employers, both public and private;

(d) Provide a periodic study and assessment of job opportunities for returning Filipinomigrant workers.

SEC. 19. ESTABLISHMENT OF A MIGRANT WORKERS AND OTHEROVERSEAS FILIPINOS RESOURCE CENTER. - Within the premises and under theadministrative jurisdiction of the Philippine Embassy in countries where there are largeconcentrations of Filipino migrant workers, there shall be establish a Migrant Workers and OtherOverseas Filipinos Resource Center with the following services:

(a) Counseling and legal services;

(b) Welfare assistance including the procurement of medical and hospitalizationservices;

(c) Information, advisory and programs to promote social integration such as post-arrival orientation, settlement and community networking services for social integration;

(d) Institute a scheme of registration of undocumented workers to bring them withinthe purview of this Act. For this purpose, the Center is enjoined to compel existingundocumented workers to register with it within six (6) months from the effectivity of this Act,

under pain of having his/her passport cancelled;(e) Human resource development, such as training and skills upgrading;

(f) Gender sensitive programs and activities to assist particular needs of womenmigrant workers;

(g) Orientation program for returning workers and other migrants; and


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(h) Monitoring of daily situations, circumstances and activities affecting migrantworkers and other overseas Filipinos.

The establishment and operations of the Center shall be a joint undertaking of thevarious government agencies. The Center shall be open for twenty-four (24) hours daily,

including Saturdays, Sundays and holidays, and shall be staffed by Foreign Service personnel,service attaches or officers who represent other organizations from the host countries. Incountries categorized as highly problematic by the Department of Foreign Affairs and theDepartment of Labor and Employment and where there is a concentration of Filipino migrantworkers, the government must provide a lawyer and a social worker for the Center. The LaborAttache shall coordinate the operation of the Center and shall keep the Chief of Missioninformed and updated on all matters affecting it.

The Center shall have a counterpart 24-hour information and assistance center at theDepartment of Foreign Affairs to ensure a continuous network and coordinative mechanism atthe home office.

SEC. 20. ESTABLISHMENT OF A SHARED GOVERNMENT INFORMATIONSYSTEM FOR MIGRATION. - An inter-agency committee composed of the Department ofForeign Affairs and its attached agency, the Commission on Filipino Overseas, the Departmentof Labor and Employment, the Philippine Overseas Employment Administration, The OverseasWorkers Welfare Administration, The Department of Tourism, the Department of Justice, theBureau of Immigration, the National Bureau of Investigation, and the National Statistics Officeshall be established to implement a shared government information system for migration. Theinter-agency committee shall initially make available to itself the information contained inexisting data bases/files. The second phase shall involve linkaging of computer facilities in orderto allow free-flow data exchanges and sharing among concerned agencies.

The inter-agency committee shall convene to identify existing data bases which shall be declassified and shared among member agencies. These shared data bases shall initiallyinclude, but not limited to, the following information:

(a) Masterlists of departing/arriving Filipinos;

(b) Inventory of pending legal cases involving Filipino migrant workers and otherFilipino 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 andcriminal codes in receiving countries particularly those with the large numbers of Filipinos;


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(g) List of labor and other human rights instruments where receiving countries aresignatories;

(h) A tracking system of past and present gender disaggregated cases involving maleand female migrant workers; and

(I) Listing of overseas posts which may render assistance to overseas Filipinos, ingeneral, and migrant workers, in particular.

SEC. 21. MIGRANT WORKERS LOAN GUARANTEE FUND. - In order to further prevent unscrupulous illegal recruiters from taking advantage of workers seeking employmentabroad, the OWWA, in coordination with government financial institutions, shall institutefinancing schemes that will expand the grant of pre-departure loan and family assistance loan.For this purpose, a Migrant Workers Loan Guarantee Fund is hereby created and the revolvingamount of one hundred million pesos (P100,000,000.00) from the OWWA is set aside as aguarantee fund in favor of participating government financial institutions.

SEC. 22. RIGHTS AND ENFORCEMENT MECHANISM UNDERINTERNATIONAL AND REGIONAL HUMAN RIGHTS SYSTEMS. - The Department ofForeign Affairs is mandated to undertake the necessary initiative such as promotions, acceptanceor adherence of countries receiving Filipino workers to multilateral convention, declaration orresolutions pertaining to the protection of migrant workers' rights. The Department of ForeignAffairs is also mandated to make an assessment of rights and avenues of redress underinternational and regional human rights systems that are available to Filipino migrant workerswho are victims of abuse and violation and, as far as practicable and through the Legal Assistantfor Migrant Workers Affairs created under this Act, pursue the same on behalf of the victim if itis legally impossible to file individual complaints. If a complaints machinery is available under

international or regional systems, the Department of Foreign Affairs shall fully apprise theFilipino migrant workers of the existence and effectiveness of such legal options.

IV. GOVERNMENT AGENCIES

SEC. 23. ROLE OF GOVERNMENT AGENCIES. - The following governmentagencies shall perform the following to promote the welfare and protect the rights of migrantworkers and, as far as applicable, all overseas Filipinos:

(a) Department of Foreign Affairs. - The Department, through its home office orforeign posts, shall take priority action its home office or foreign posts, shall take priority actionor make representation with the foreign authority concerned to protect the rights of migrantworkers and other overseas Filipinos and extend immediate assistance including the repatriationof distressed or beleaguered migrant workers and other overseas Filipinos;

(b) Department of Labor and Employment - The Department of Labor andEmployment shall see to it that labor and social welfare laws in the foreign countries are fairlyapplied to migrant workers and whenever applicable, to other overseas Filipinos including thegrant of legal assistance and the referral to proper medical centers or hospitals:


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(b.1) Philippine Overseas Employment Administration - Subject to deregulation and phase out as provided under Sections 29 and 30 herein, the Administration shall regulate privatesector participation in the recruitment and overseas placement of workers by setting up alicensing and registration system. It shall also formulate and implement, in coordination withappropriate entities concerned, when necessary employment of Filipino workers taking into

consideration their welfare and the domestic manpower requirements.

(b.2) Overseas Workers Welfare Administration - The Welfare Officer or in hisabsence, the coordinating officer shall provide the Filipino migrant worker and his family all theassistance they may need in the enforcement of contractual obligations by agencies or entitiesand/or by their principals. In the performance of this functions, he shall make representation andmay call on the agencies or entities concerned to conferences or conciliation meetings for the

purpose of settling the complaints or problems brought to his attention.

V. THE LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS

SEC. 24. LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS. - There ishereby created the position of Legal Assistant for Migrant Workers Affairs under the Departmentof Foreign Affairs who shall be primarily responsible for the provision and overall coordinationof all legal assistance services to be provided to Filipino migrant workers as well as overseasFilipinos in distress. He shall have the rank, salary and privileges equal to that of anundersecretary of said Department.

The said Legal Assistant for Migrant Workers Affairs shall be appointed by thePresident and must be of proven competence in the field of law with at least ten (10) years ofexperience as a legal practitioner and must not have been a candidate to an elective office in thelast local or national elections.

Among the functions and responsibilities of the aforesaid Legal Assistant are:

(a) To issue the guidelines, procedures and criteria for the provisions of legalassistance services to Filipino migrant workers;

(b) To establish close linkages with the Department of Labor and Employment, thePOEA, the OWWA and other government agencies concerned, as well as with non-governmentalorganizations assisting migrant workers, to ensure effective coordination and cooperation in the

provision of legal assistance to migrant workers;

(c) To tap the assistance of reputable law firms and the Integrated Bar of thePhilippines and other bar associations to complement the government's efforts to provide legalassistance to migrant workers;

(d) To administer the legal assistance fund for migrant workers established underSection 25 hereof and to authorize disbursements there from in accordance with the purposes forwhich the fund was set up; and


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(e) To keep and maintain the information system as provided in Section 20.

The legal Assistant for Migrant Workers Affairs shall have authority to hire privatelawyers, domestic or foreign, in order to assist him in the effective discharge of the abovefunctions.

SEC. 25. LEGAL ASSISTANCE FUND - There is hereby established a legalassistance fund for migrant workers, herein after referred to as Legal Assistance fund, in theamount of One hundred million pesos (P100,000,000.00) to be constituted from the followingsources:

Fifty million pesos (P50,000,000.00) from the Contingency Fund of the President;

Thirty million pesos (P30,000,000.00) from the Presidential Social Fund; and

Twenty million pesos (P20,000,000.00) from the Welfare Fund for Overseas Workers

established under Letter of Instruction No. 537, as amended by Presidential Decree Nos. 1694and 1809.

Any balances of existing fund which have been set aside by the governmentspecifically as legal assistance or defense fund to help migrant workers shall, upon effectivity ofthis Act, to be turned over to, and form part of, the Fund created under this Act.

SEC. 26. USES OF THE LEGAL ASSISTANCE FUND. - The Legal AssistanceFund created under the preceeding section shall be used exclusively to provide legal services tomigrant workers and overseas Filipinos in distress in accordance witht the guidelines, criteria and

procedures promulgated in accordance with Section 24 (a) hereof. The expenditures to be

charged against the Fund shall include the fees for the foreign lawyers to be hired by the LegalAssistance for Migrant Workers Affairs to represent migrant workers facing charges abroad, bail bonds to secure the temporary release of workers under detention, court fees and charges andother litigation expenses.

VI. COUNTRY - TEAM APPROACH

SEC. 27. PRIORITY CONCERNS OF PHILIPPINE FOREIGN SERVICE POSTS. -The country team approach, as enunciated under Executive Order No. 74, series of 1993, shall bethe mode under which Philippine embassies or their personnel will operate in the protection ofthe Filipino migrant workers as well as in the promotion of their welfare. The protection of the

Filipino migrant workers and the promotion of their welfare, in particular, and the protection ofthe dignity and fundamental rights and freedoms of the Filipino citizen abroad, in general, shall be the highest priority concerns of the Secretary of Foreign Affairs and the Philippine ForeignService Posts.

SEC. 28. COUNTRY-TEAM APPROACH. - Under the country-team approach, allofficers, representatives and personnel of the Philippine government posted abroad regardless oftheir mother agencies shall, on a per country basis, act as one country-team with a mission under


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the leadership of the ambassador. In this regard, the ambassador may recommend to theSecretary of the Department of Foreign Affairs the recall of officers, representatives and

personnel of the Philippine government posted abroad for acts inimical to the national interestsuch as, but not limited to, failure to provide the necessary services to protect the rights ofoverseas Filipinos.

Upon receipt of the recommendation of the ambassador, the Secretary of theDepartment of Foreign Affairs shall, in the case of officers, representatives and personnel ofother departments, endorse such recommendation to the department secretary concerned forappropriate action. Pending investigation by an appropriate body in the Philippines, the personrecommended for recall may be placed under preventive suspension by the ambassador.

In host countries where there are Philippine consulates, such consulates shall alsoconstitute part of the country-team under the leadership of the ambassador.

In the implementation of the country-team approach, visiting Philippine delegations

shall be provided full support and information.

VII. DEREGULATION AND PHASE-OUT

SEC. 29. COMPREHENSIVE DEREGULATION PLAN ON RECRUITMENTACTIVITIES. - Pursuant to a progressive policy of deregulation whereby the migration ofworkers becomes strictly a matter between the worker and his foreign employer, the DOLEwithin one (1) year from the effectivity of this Act, is hereby mandated to formulate a five-yearcomprehensive deregulation plan on recruitment activities taking into account labor markettrends, economic conditions of the country and emergency circumstances which may affect thewelfare of migrant workers.

SEC. 30. GRADUAL PHASE-OUT OF REGULATORY FUNCTIONS. - Within a period of five (5) years from the effectivity of this Act, the DOLE shall phase out the regulatoryfunctions of the POEA pursuant to the objectives of deregulation.

VII. PROFESSIONAL AND OTHER HIGHLY-SKILLED FILIPINOS ABROAD

SEC. 31. INCENTIVES TO PROFESSIONALS AND OTHER HIGHLY-SKILLEDFILIPINOS ABROAD. - Pursuant to the objective of encouraging professionals and otherhighly-skilled Filipinos abroad especially in the field of science and technology to participate in,and contribute to national development, the government shall provide proper and adequate

incentives and programs so as to secure their services in priority development areas of the publicand private sectors.

IX. MISCELLANEOUS PROVISIONS

SEC. 32. POEA AND OWWA BOARD; ADDITIONAL MEMBERSHIPS. - Notwithstanding any provision of law to the contrary, the respective Boards of the POEA and theOWWA shall, in addition to their present composition, have three (3) members each who shall


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come from the women, sea-based and land-based sectors, respectively, to be appointed by thePresident in the same manner as the other members.

SEC. 33. REPORT TO CONGRESS. - In order to inform the Philippine Congress onthe implementation of the policy enunciated in Section 4 hereof, the Department of Foreign

Affairs and the Department of Labor and Employment shall submit to the said body a semi-annual report of Philippine foreign posts located in countries hosting Filipino migrant workers.The report shall not be limited to the following information:

(a) Masterlist of Filipino migrant workers, and inventory of pending cases involvingthem 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 theirrights;

(d) Initiative/actions taken by the Philippine foreign posts to address the problems ofFilipino 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 thehost country.

Any officer of the government who fails to report as stated in the preceeding sectionshall be subjected to administrative penalty.

SEC. 34. REPRESENTATION IN CONGRESS. - Pursuant to Section 3(2), Article VIof the Constitution and in line with the objective of empowering overseas Filipinos to participatein the policy-making process to address Filipino migrant concerns, two (2) sectoralrepresentatives for migrant workers in the House of Representatives shall be appointed by thePresident from the ranks of migrant workers: Provided, that at least one (1) of the two (2)sectoral representatives shall come from the women migrant workers sector: Provided, further,that all nominees must have at least two (2) years experience as a migrant worker.

SEC. 35. EXEMPTION FROM TRAVEL TAX AND AIRPORT FEE. - All laws tothe country notwithstanding, the migrant worker shall be exempt from the payment of travel tax

and airport fee upon proper showing of proof of entitlement by the POEA.SEC. 36. NON-INCREASE OF FEES; ABOLITION OF REPATRIATION BOND. -

Upon approval of this Act, all fees being charged by any government office on migrant workersshall remain at their present levels and the repatriation bond shall be established.

SEC. 37. THE CONGRESSIONAL MIGRANT WORKERS SCHOLARSHIP FUND.- There is hereby created a Congressional Migrant Workers Scholarship Fund which shall benefit


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deserving migrant workers and/or their immediate descendants below twenty-one (21) years ofage who intent to pursue courses or training primarily in the field of science and technology. Theinitial seed fund of two hundred million pesos (P200,000,000.00) shall be constituted from thefollowing sources:

(a) Fifty million pesos (P50,000,000.00) from the unexpected CountrywideDevelopment Fund for 1995 in equal sharing by all members of Congress; and

(b) The remaining one hundred fifty million pesos (P150,000,000.00) shall be fundedfrom the proceeds of Lotto.

The Congressional Migrant Workers Scholarship Fund as herein created shall beadministered by the DOLE in coordination with the Department of Science and Technology(DOST). To carry out the objectives of this section, the DOLE and the DOST shall formulate thenecessary rules and regulations.

SEC. 38. APPROPRIATION AND OTHER SOURCES OF FUNDING. - The amountnecessary to carry out the provisions of this Act shall be provided for in the GeneralAppropriations Act of the year following its enactment into law and thereafter.

SEC. 39. MIGRANT WORKERS DAY. - The day of signing by the President of thisAct shall be designated as the Migrant Workers Day and shall henceforth be commemorated assuch annually.

SEC. 40. IMPLEMENTING RULES AND REGULATIONS. - The departments andagencies charged with carrying out the provisions of this Act shall, within ninety (90) days afterthe effectivity of this Act, formulate the necessary rules and regulations for its effective

implementation.SEC. 41. REPEATING CLAUSE. - All laws, decrees, executive orders, rules and

regulations, or parts thereof inconsistent with the provisions of this Act are hereby repealed ormodified accordingly.

SEC. 42. SEPARABILITY CLAUSE. - If, for any reason, any section or provision ofthis Act is held unconstitutional or invalid, the other sections or provisions hereof shall not beaffected thereby.

SEC. 43. EFFECTIVITY CLAUSE. - This Act shall take effect after fifteen (15) days

from its publication in the Official Gazette or in at least two (2) national newspapers of generalcirculation whichever comes earlier.

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Documents

Republic Act No 8552 and 8042