Expanding the Use of the Legal Assistance Fund (Amending R.A. No. 8042)

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) '25 JUL -9 75:20 First Regular Session SENATE S. No.. Introduced by Senator JV Ejercito AN ACT EXPANDING THE USE OF THE LEGAL ASSISTANCE FUND, AMENDING FOR THE PURPOSE SECTION 26 OF REPUBLIC ACT NO. 8042, AS AMENDED, OTHERWISE KNOWN AS THE "MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995" EXPLANATORY NOTE Republic Act No. 8042, known as the "Migrant Workers and Overseas Filipinos Act of 1995," institutionalizes policies of overseas employment and ensures the protection of our migrant workers. It guarantees that our Overseas Filipino Workers (OFW), our "modern day heroes," meet their rights to a quality standard of life and career. Considered the "largest global diaspora of migrant labor," the Philippines recorded about 2.16 million OFWs from April to September 2023, marking a 9.8% increase from the 1.96 million data in 2022.2 These growing numbers represent the parents, titos and titas, couples, and families - each with their own stories of sacrifice to provide and build a better life for themselves and their loved ones. 1 San Juan, E. (2009). Overseas Filipino Workers: The Making of an Asian-Pacific Diaspora. The Global South, 3(2), 99-129. https://doi.org/10.2979/gso.2009.3.2.99 2 Philippine Statistics Authority (2024)

The feelings of homesickness and discrimination are among the most common challenges experienced by OFWs,3 among other struggles in their work environment, finances, and physical and mental health. There are also additional challenges for those who strive for permanent residency and citizenship, as they are subject to the foreign country's compliance and requirements. This proposed bill intends to aid Filipino migrant workers facing legal actions by ensuring that the legal assistant fund accommodates the entire proceedings from the moment the case is initiated until the termination, promulgation, and execution of judgment. The measure also expedites access to these funds by granting jurisdiction to the head of mission of the Philippine Embassy in charge. It also expands the coverage of the fund and authorizes foreign services to use the fund in hiring paralegals who are cultivated with the means and policies of the foreign country. OFws put food on the table from thousands of miles afar, send children to school, and provide everyday needs — a hope for many Filipino families. The rightful allocation and accessibility of the legal assistance fund for distressed Filipinos shall support our migrant workers in attaining fair and just trials and proceedings. Furthermore, the immediate passage of this proposed measure is earnestly sought. →00= JV EJERCITO 3 Atos, L. N. P., Cruz, E. M., Hong, S., Kim, S., & Soliven, M. J. (2022). Life challenges and goals of Overseas Filipino Workers. Animo Repository. https://animorepository.d/su.edu.ph/cgi/viewcontent.cgi?article=1069&context=conf_shsrescon

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session JUL -9 75:20 SENATE S. No. 334 Introduced by Senator JV Ejercito AN ACT EXPANDING THE USE OF THE LEGAL ASSISTANCE FUND, AMENDING FOR THE PURPOSE SECTION 26 OF REPUBLIC ACT NO. 8042, AS AMENDED, OTHERWISE KNOWN AS THE "MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995" Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - Section 26 of Republic Act No. 8042, otherwise known

as the "Migrant Workers and Overseas Filipinos Act of 1995", as amended by Republic Act No. 10022, 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 exclusively 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) hereof. 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] HEAD OF MISSION OF THE PHILIPPINE EMBASSY CONCERNED to represent migrant workers AND OVERSEAS FILIPINOS facing charges or in filing cases against erring or abusive employers AND OTHER OFFENDERS abroad, IN

OBTAINING bail bonds to secure the temporary release OF MIGRANT WORKERS AND OVERSEAS FILIPINOS IN DISTRESS, AND OTHER KINDS OF BONDS REQUIRED BY THE FOREIGN COURT, AGENCY OR TRIBUNAL WHERE THE CASE IS PENDING, and other litigation expenses. "THE LEGAL ASSISTANCE FUND SHALL, AT ALL TIMES, BE IMMEDIATELY AVAILABLE TO ALL MIGRANT WORKERS AND OVERSEAS FILIPINOS IN DISTRESS WHO INITIATE OR WHO IS IMPLEADED IN ANY TYPE OF CASE INITIATED IN THE FOREIGN POST, FROM THE TIME OF THE COMMENCEMENT OF THE COMPLAINT, ACTION OR SIMILAR PROCEEDING, AND IN ALL STAGES OF THE PROCEEDING UNTIL PROMULGATION AND EXECUTION OF JUDGMENT AND AT ALL LEVELS OF APPEAL. "[Provided, That] At the end of every year, the Department of Foreign Affairs shall include in its report to Congress, as provided for under Section 33 of this Act, the status of the Legal Assistance Fund, including the expenditures from the said fund duly audited by the Commission on Audit (COA): Provided, [further,] That the hiring of foreign legal counsels, when circumstances warrant urgent action, shall be exempt from the coverage of Republic Act No. 9184 or the Government Procurement Act."

Sec. 2. Implementing Rules and Regulations. - Within sixty (60) days from the

approval of this Act, the Department of Foreign Affairs, in consultation with the Department of Labor and Employment, Overseas Workers Welfare Administration, Philippine Overseas Employment Administration, Commission on Filipino Overseas, and other relevant government agencies and stakeholders, shall promulgate the implementing rules and regulations for the effective implementation of the provisions of this Act, including, but not limited to, the specific uses of the fund, and to ensure that the Legal Assistance Fund is immediately and at all times available to all migrant

1 workers and overseas Filipinos in distress in accordance with this Act. If practicable, 2 the implementing rules and regulations may also authorize the Secretary of Foreign 3 Affairs to delegate the authority to approve an expenditure chargeable to the Fund to the head of Post, subject to existing rules and regulations of the Commission on Audit 5 (COA).

Sec. 6. Repealing Clause - All laws, orders, issuances, rules and regulations or

part thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

Sec. 7. Effectivity. - This Act shall take effect fifteen (15) days after its

10 publication in the Official Gazette or in at least two (2) newspapers of general circulation. Approved,