Protektadong OFW Act

Offee of the Scoretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 AUG -7 P6:08 First Regular Session RECEIVED BY: SENATE Senate Bill No. 1146 Introduced by Senator JOEL VILLANUEVA AN ACT PROVIDING FREE INSURANCE FOR COVERED APPLICANTS OF OVERSEAS EMPLOYMENT CERTIFICATES, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES EXPLANATORY NOTE From January to September 2024, the Department of Migrant Workers (DMW) reported the deployment of over 2.05 million Overseas Filipino Workers (OFWs) across the globe. Preliminary data by the DMW indicate that of this number, approximately 1.59 million are land-based workers, while 455,077 were sea-based. This reflects a 10.37% increase compared to the same period in 2023, highlighting that there are growing employment opportunities and a continued demand for Filipino workers abroad. However, it is a grim reality that many of our countrymen proceed to leave the country as undocumented workers or without valid visas or legal work permits. This makes them highly vulnerable to abuse, exploitation, and human trafficking. In 2016 alone, the Department of Justice (DO)) identified 1600 illegal recruitment cases, not even accounting for cases that were unreported and those that were dismissed before reaching the courts.' The former Philippine Overseas Employment Administration (POEA) noted that out of 725 illegal recruitment cases that were brought to the attention of DOJ, only 16 successfully resulted in convictions by the court—a dismal conviction rate that highlights serious gaps in enforcement and protection for our workers.? Despite the government's effort to steadily deploy OFWs through legal channels, some of our countrymen continue to find ways to circumvent the procedures of legally 1 Recruitment Advisor. Common Problems in the Recruitment Process in the Philippines. Available at https://www.recruitmentadvisor.org/law/ph/kr/58/18496/58 (Accessed on 9 July 2025). 2 Ibid.

seeking employment abroad. In 2022, the Bureau of Immigration (BI) uncovered a scheme in which OFWs would bring their families overseas under the guise of a vacation, when in reality, their true intent was to remain in the country they were traveling to and seek employment without proper documentation. 3 Under Republic Act No. 8042, as amended by Republic Act No. 10022, and its implementing rules and regulations, an Overseas Employment Certificate (OEC) issued by the POEA exempts OFWs from the payment of travel tax and airport terminal fees and serves as proof that an OFW is covered by government protection. * However, the OEC is often perceived as an added bureaucratic burden, with some OFWs finding the process of securing it cumbersome and, at times, a deterrent to pursuing legal overseas employment. As a result, there are instances when OFWs fail or neglect to renew their membership with the OWWA after their initial deployment, while others move to another country through third-country recruitment without registering with Philippine authorities. In view of the foregoing, this measure proposes to establish a mechanism that incentivizes OFWs to comply with the proper procedure of securing an OEC. This will not only promote adherence to legal processes but strengthen the government's ability to monitor OFWs and safeguard them against human trafficking, exploitation, and other abuses. More importantly, this bill seeks to give free insurance coverage to qualified OFWs who apply for an OEC. This ensures that utmost protection is afforded to every Filipino who chooses to work abroad for a better future for themselves and their loved ones. Thus, the immediate passage of this bill is earnestly sought. 3 Manila Bulletin. BI uncovers new ploy by undocumented OFWs to go abroad. Published on 24 March 2022. https://mb.com.ph/2022/3/24/bi-uncovers-new-ploy-by-undocumented-ofws-to-go-abroad (Accessed on 9 July 2025). https://dmw.gov.ph/archives/mandates/files/omnibus%20irr ra10022.pdf (Accessed on 9 July 2025). votes: mbus year eat to memen the got tard and

Offier of the Secracy TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 AUG -7 P6:08 First Regular Session ) RECEIVED 3Y: SENATE Senate Bill No. 1146 Introduced by Senator JOEL VILLANUEVA AN ACT PROVIDING FREE INSURANCE FOR COVERED APPLICANTS OF OVERSEAS EMPLOYMENT CERTIFICATES, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the "Protektadong

OFW Act."

SEC. 2. Declaration of Policy. - The State shall afford full protection to

labor, local and overseas, organized, and unorganized. Towards this end, the State shall provide adequate and timely social, legal, and economic services to Overseas Filipino Workers (OFWs). Pursuant to this, the State shall ensure that all OFWs are properly monitored and accounted for with due regard for their protection and welfare and that they are incentivized to make themselves known to Philippine authorities abroad.

SEC. 3. Coverage. - The benefits under this Act shall apply to applicants of

an overseas employment certificates (OEC): Provided, That the applicant-migrant worker is abroad: Provided, further, That they have no prior record with the Department of Migrant Workers (DMW), or if they have a prior record, is working in a vulnerable sector, as may be determined by the DMW.

SEC. 4. Benefits. - Covered migrant workers, upon securing an OEC from

2 the DMW, the Philippine Embassy, or consular offices abroad, shall be given a free 3 one-year insurance with the same or similar coverage as required under Republic 4 Act No. 8042, as amended, otherwise known as the "Migrant Workers and 5 Overseas Filipinos Act of 1995," and Section 6(n) of Republic Act No. 11641, 6 otherwise known as the "Department of Migrant Workers Act."

SEC. 5. Appropriations. - The payment for the premium of the insurance

8 provided under this Act shall be funded partly by the budget of the DMW earmarked for the Agarang Kalinga at Saklolo Para sa mga OFW na 10 Nangangailangan (AKSYON) Fund, budget of the Department of Foreign of Affairs (DFA) earmarked for Assistance to Nationals, and partly by the appropriations in the General Appropriations Act (GAA), as included in the budget of the DMW. For the first year of the implementation of this Act, an initial amount of Thirty Million Pesos (P30,000,000) is hereby appropriated. Thereafter, such amount necessary for its continued implementation shall be included in the annual GAA.

SEC. 6. Implementing Rules and Regulations. - Within sixty (60) days

from the effectivity of this Act, the DMW, DFA, and Overseas Workers Welfare Administration (OWWA) shall, in consultation with relevant government agencies and stakeholders, promulgate the implementing rules and regulations (IRR) to carry out the provisions of this Act. Failure of the relevant government agencies to promulgate the IRR within the specified period shall subject the heads of these government agencies to administrative penalties under applicable civil service laws. Should the IRR contain provisions that are contrary to this Act, the heads of the government agencies responsible for such provision, when done in bad faith or with gross negligence, shall be held administratively liable.

SEC. 7. Separability Clause. - If any portion or provision of this Act is

declared unconstitutional, the remainder hereof or any provisions not affected thereby shall remain in force and effect.

SEC. 8. Repealing Clause. - Any law, presidential decree or issuance,

executive order, letter of instruction, rule, or regulation inconsistent with the provisions of this Act is hereby repealed or modified accordingly.

:: • '

SEC. 9. Effectivity. - This Act shall take effect fifteen (15) days after its

complete publication in the Official Gazette or in a newspaper of general circulation. Approved,