Overseas Filipino Workers in Distress Act

Sellate Ollino si sane saecretary TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) First Regular Session CEC 17 P6:11 SENATE RECEIVED BY: S. No. 1637 Introduced by Senator MARK A. VILLAR AN ACT PROVIDING FOR AN ASSISTANCE FUND FOR OVERSEAS FILIPINO WORKERS AND APPROPRIATING FUNDS THEREFOR EXPLANATORY NOTE The 1987 Philippine Constitution, Article XIII, Section 3, provides that: 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. Moreover, under Article II, Section 18, to wit: The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare. Meanwhile, the Implementing Rules and Regulations of Republic Act No. 10022 defined "Overseas Filipino in Distress" as an Overseas Filipino who has a medical, psychosocial assistance problem requiring treatment, hospitalization, counselling, legal representation or any other kind of intervention with the authorities in the country where he or she is found. According to Philippine Statistics Authority (PSA) the number of Overseas Filipino Workers (OFWs) working abroad from April to September 2023 was estimated at 2.16 million while Overseas Contract Workers (OCWs) comprised 98.1 percent or equivalent to 2.12 Million of the total OFWs during the same period. Other OFWs who worked abroad without working visas or work permits, or use other types of non-immigrant visas such as tourist, visitor, student, medical, accounts for the remaining 1.9 percent.

Recent global events dramatically increase the numbers of OFWs who are seeking assistance for repatriation from the Department of Migrant Workers (DMW) and the Overseas Workers Welfare Administration (OWWA). These agencies also report that they receive thousands of repatriation requests annually for various reasons which include but are not limited to contract violations, physical, psychological, and verbal violence they receive from employers. Overseas Filipino Workers in distress have been rapidly increasing over the years, positing a very alarming situation for our modern-day heroes and their families. While there are various programs offered by OWWA, DMW, and similar agencies that offer financial assistance to OFws in distress, no similar fund is institutionalized. As such, this bill seeks to establish a Special Assistance Fund to be utilized for various purposes such as repatriation, medical expenses in the form of vouchers for six months from arrival in the country, migration fees for overstaying Filipinos, and basic necessities of OFWs caught in emergencies or are detained. Recognizing the imminent need for full protection and assistance for OFWs, this bill seeks to protect all OFWs without distinction, covering both documented and undocumented Filipino workers. Therefore, urgent approval of this bill is earnestly sought. MARK A. VILLAR

Senate Olio of tie Secretarp TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session 25* DEC 17 P6:11 SENATE S. No. 1637 RECEIVED BY: Introduced by Senator MARK A. VILLAR AN ACT PROVIDING FOR AN ASSISTANCE FUND FOR OVERSEAS FILIPINO WORKERS, AND APPROPRIATING FUNDS THEREFOR 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 "Overseas Filipino

2 Workers in Distress Act."

Sec. 2. Declaration of Policy. - Consistent with the State's policy of according

4 full protection to labor, whether local or overseas. It shall be the State's duty to provide 5 a layer of protection to the Overseas Filipino Workers (OFWs) who are forced to seek 6 employment abroad in order to provide for their respective families. The State has the 7 duty to provide protection to the OFWs without distinction, covering both documented 8 8 and undocumented Filipino workers. Further, Section 29, Article VI of the 1987 Philippine Constitution provides that 10 no money shall be paid by the Treasury except in pursuance of an appropriation made 11 by law,

Sec. 3. Creation of Fund. - A Special Assistance Fund, in the form of an

automatic appropriation, for Overseas Filipino Workers in Distress, in the amount of Five hundred million pesos (P500,000,000.00) is hereby created. The fund shall be utilized for the following purposes: a) Repatriation; b) Medical expenses, hospitalization, and purchase of medicine in the form of 18 vouchers for six (6) months from arrival; c) Migration fees for overstaying Filipinos;

d) Basic necessities of OFWs caught in emergencies or are detained. Provided, that at least thirty (30%) of the total fund shall be allotted to provide 3 monetary support, in the form of a lump sum payment not in excess of Fifty thousand pesos (Php 50,000.00) for each recipient, to be given to overseas workers who have been the victims of abuse from their employers, or those who have been repatriated 6 from host countries due to natural or man-made calamities. .

Sec. 4. Transparency. - In the utilization of the Fund, the principles of

8 accountability and transparency must be fully observed. As such, every Filipino citizen has a right to, and shall, on request, be given access to any information pertinent to 10 this law, when such information is under the control or in the possession of any 11 government agency involved in the implementation of this law. Government agencies 12 involved in the implementation of this law shall maintain appropriate records of their 13 actions under this law, particularly with regard to the disbursements of funds and the identity of recipients.

Sec. 5. Implementing Agencies and Rules. - The Overseas Workers Welfare

Administration (OWWA) is hereby tasked to implement this Act, and shall coordinate 17 with and be supported by the Department of Labor and Employment, and the Department of Foreign Affairs. The abovementioned agencies, in consultation with the 19 Department of Budget and Management and representatives of the private sector, and recognized overseas labor organizations, shall issue the necessary implementing rules 21 and regulations to implement the provisions of this Act within ninety (90) days after 22 its effectivity.

Sec. 6. Appropriations - The amount necessary for the effective

implementation of the provisions of this Act shall be taken from the current year's appropriation of the DMW. Thereafter, such sums as may be needed for the continued implementation of this Act shall be included in the annual General Appropriations Act.

Sec. 7. Separability Clause. - If any provision of this Act is declared

unconstitutional, the same shall not affect the validity and effectivity of the other provisions hereof.

Sec. 8. Repealing Clause. -All laws, executive orders, presidential decrees, 2

presidential proclamations, rules and regulations or parts thereof inconsistent with the 3 provisions of this Act are hereby repealed or modified accordingly.

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Sec. 9. Effectivity Clause. - This Act shall take effect fifteen (15) days from 5

2 its publication in the Official Gazette or at least two (2) national newspapers of general 3 6 circulation. Approved,