the sta" TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 JUL -2 P5:30 First Regular Session SENATE Senate Bill No. Introduced by Senator JOEL VILLANUEVA 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 The Philippine Constitution guarantees protection to all Filipino workers, whether foreign or domestic. In line with this, Congress enacted Republic Act No. 11641, or the Department of Migrant Workers Act (DMW Act), which mandates the creation of the Department of Migrant Workers to provide a holistic approach and more efficient and effective services to the 2.16 million overseas Filipino workers around the globe as of 2023. Among others, the DMW Act also provides for the creation of the AKSYON (Agarang Kalinga at Saklolo Para sa mga OFWs na Nangangailangan) Fund as a source of additional funds for the provision of legal, medical, financial and other forms of assistance to OFWs in distress. The AKSYON Fund complements the Legal Assistance Fund created under
Section 25 of Republic Act No. 8042, as amended by Republic Act No. 10022, or the
Migrant Workers and Overseas Filipinos Act of 1995, to be used exclusively for the provision of legal services to migrant workers and overseas Filipinos in distress. As of 2024, there are 2,457 active legal cases involving Filipinos overseas, being handled by only 24 legal retainers spread across the Middle East, Asia and the Pacific, and Europe? In 2022 alone, there were 3,863 pending cases and alarmingly, zero 1 Philippine Statistics Authority (PSA). 2023 Overseas Filipino Workers (Final Results). Published In 2024. Avallable at https://psa.gov.ph/statistics/survey/labor-and-employment/survey-overseas-filipinos (Accessed on Senate of the Philippines. TSN - Senate Budget Hearing for the Department of Migrant Workers for FY 2025 (24 September 2024).
recorded acquittals. These figures underscore the urgent need for stronger, more responsive legal support for overseas Filipinos. The bulk of our workers, estimated at 50%, are deployed in the Middle East, particularly in Saudi Arabia, the United Arab Emirates, Qatar, Kuwait, Oman, and Bahrain. Correspondingly, the highest concentration of legal cases is found in Kuwait, Dubai, the UAE, Hong Kong, and Malaysia.« The clear mismatch between the volume of cases and available legal resources highlights the necessity of expanding access to the Legal Assistance Fund and ensuring that legal help is available from the earliest stage of proceedings. Given the number of abuse cases involving our OFWs, having a more expansive system for the provision of legal assistance is important. However, the use the Legal Assistance Fund is currently limited. For example, current regulations on the use of the Fund provides that the Fund may be used on appeal, or until the finality of a decision and other services related thereto or, as warranted, for the settlement of civil liability and for negotiations in the settlement of civil damages. This means that the use of the Fund is only optional and subject to the decision of the Department of Foreign Affairs, which inevitably causes delay in the provision of immediate assistance to OFWs in distress. Thus, this bill seeks to clarify that the Fund shall be immediately, and at all times, available to all migrant workers and Overseas Filipinos in distress from the time of commencement of the complaint, action or similar proceeding, until promulgation and execution of judgment, and at all levels of appeal. To curtail further delay in the use of the Fund, this bill also clarifies that, if practicable, the Secretary of Foreign Affairs, may 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. The immediate passage of this bill is earnestly sought. Ibid. Op. cit., PSA DFA Department Order No. 07-2019
TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES JUL -2 P5:30 First Regular Session ) RICH SENATE Senate Bill No. Introduced by Senator JOEL VILLANUEVA 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. Section 26 of Republic Act No. 8042, otherwise known as the
2 "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 (DFA), in consultation with the Department of Migrant Workers (DMW), Overseas Workers Welfare Administration (OWWA), and other relevant agencies and stakeholders, shall promulgate the implementing rules and regulations for the effective implementation 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 workers and overseas Filipinos in distress in accordance with this Act. If practicable, the implementing rules and regulations may also authorize the Secretary of Foreign 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.
SEC. 3. Repealing Clause. - All laws, orders, issuances, rules and regulations
2 or part thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.
SEC. 4. Effectivity Clause. - This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in a newspaper of general circulation. Approved,