Changes to Migrant Workers law welcomed

A recruitment official lauded Wednesday the passage of an amended version of the Migrant Worker and Overseas
Filipino Act of 1995 making repro orders an illegal recruitment act.

The two Houses of Congress adopted last Monday the bicameral conference committee report amending Republic
Act 8042, otherwise known as the Migrant Workers Act of 1995, to further improve the standard of protection,
promotion of welfare and assistance to overseas Filipino workers (OFWs).

One of the salient provisions is making reprocessing of job orders for OFWs an illegal act.

The amended version should now instill fear among recruiters, legal or illegal, Emmanuel Geslani said in an
interview.

The scheme, commonly termed as contract substitution, has victimized many OFWs who sign contracts here in the
Philippines but execute and enter into employment contracts upon reaching their destination, he said.

According to the bicameral report, illegal recruitment to include reprocessing workers through a job order
pertains to non-existent work, work different from the actual overseas work or work with a different employer
whether registered or not with the Philippine Overseas Employment Administration (POEA).

The amended version provides a penalty of imprisonment of from 12 to 20 years and a fine of at least P1 million to
P2 million.

Geslani said the imposition of longer prison terms and heavier fines for persons who will commit illegal
recruitment acts like repro orders were intended to address the mounting problem of recruitment and
deployment of OFWs.

In 2008, he said the scheme was the reason for the deployment of some 100, 000 domestic helpers to Lebanon,
Dubai, Jordan and Syria.

He claimed that licensed and non-licensed holders used the repro orders in processing household service
workers under different categories like janitress, cleaners, chambermaids, washers, and other service workers.

Many of those service workers were trafficked to Lebanon and Jordan to work as domestic helpers while the rest
were deployed as house maids in Dubai and Kuwait, the migration expert said.

Moreover, the bill also provides for accountability on the members of the governing board of the Philippine
Overseas Employment Administration (POEA) in the deployment of migrant workers.

Government officials found responsible for the issuance of permits and allowing deployment of OFWs to countries
that do not guarantee or comply with international labor standards shall suffer the penalty of dismissal from
service or be disqualified from holding appointive public office for five years.

Earlier, Senate President Pro Tempore Jinggoy Estrada, concurrent chairman of the Senate Committee on Labor,
Employment and Human Resources Development and of the joint Congressional Oversight Committee on Labor
and Employment, said the consolidated version of Senate Bill 3286 and House Bill 5649 features a combination of
preventive measures to address problem in the recruitment and deployment of OFWs and better rescue and
assistance mechanisms.

(Updated) Amended Migrant Workers Act to intensify protection of OFWs

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The Department of Foreign Affairs (DFA) said today that Republic Act (RA) 10022, or the Amended Migrant
Workers' Act is aimed to intensify protection for overseas Filipino workers (OFWs) as they will be deployed in
countries where the rights and welfare of migrant workers are protected.

Under this new law, the DFA, through the Philippine Embassies will make a survey of the countries under their
jurisdiction if the rights of migrant workers are protected in those countries. The criteria for this survey include
the following: (1) if the receiving country has existing labor and social laws protecting the rights of migrant
workers; (2) if the receiving country is a signatory to and/or ratified of multilateral conventions, declarations or
resolutions relating to the protection of migrant workers; (3) if the country has concluded a bilateral agreement or
arrangement on the protection of the rights of overseas Filipino workers and; (4) the receiving country is taking
positive and concrete measures to implement the first three criteria.

The certification will also indicate what types of workers, whether professional, semi-skilled, unskilled, or
household service workers (HSWs) are protected in the receiving countries.

These certifications issued by the Philippine ambassadors outlining the receiving country's fulfillment of the four
criteria will be submitted to the Philippine Overseas Employment Agency (POEA). Taken in consideration with
other information and other available data, the POEA Governing Board is then to decide if the receiving country
can assure protection for OFWs.

Under the Implementing Rules and Regulations of RA 10022, Philippine Embassies are to submit the certification
for countries where the Philippines maintains an embassy not later than November 11, while those without
embassies on December 11.

Currently, the DFA has received certifications from 10 countries, namely: Cambodia, Timor-Leste, Kuwait, Laos,
Myanmar, Ireland, Saipan, Norway, Syria and Vietnam. This will then be given to the POEA Governing Board.

The POEA Governing Board will then have to make a decision if Filipino workers should be deployed in the
country, and what type of workers can be deployed in a given country.

The DFA believes that the certification of countries will allow prospective OFWs to make informed decisions
whether they want to work in a given country. It will also allow them to take advantage of working in a country
where their rights are more protected.

ENDhttp://dfa.gov.ph/main/index.php/newsroom/dfa-releases/1935-amended-migrant-workers-act-to-
intensify-protection-of-ofws%29

Flor Contemplacion

Flor Contemplacion (b. 1953 - d. 17 March 1995, Singapore) was a Filipino domestic worker convicted of murdering
another Filipino domestic worker, 34-year-old Della Maga, and Nicholas Huang, the four-year-old son of Maga's
employer. The murders took place in May 1991 and she was found guilty and sentenced to death in January 1993.
She was executed by hanging on 17 March 1995. Although Contemplacion never denied her guilt, her case sparked
intense anti-Singapore feelings in the Philippines which severely hurt bilateral diplomatic relations and caused
investments and tourism between the two countries to decline sharply.

DESCRIPTION OF THE CASE

Nicholas's parents discovered the bodies of Maga and Nicholas in their flat at Gangsa Road on 4 May 1991 when
they returned home from work that afternoon. As no one had appeared to greet them, they began searching the
house and found their 22-month-old daughter crying in Maga's room. Then, they found their son lying on the floor

2
of the bathroom in the kitchen with his head in a pail of water, and Maga lying next to him with an elastic cord
around her neck. The boy had drowned and Maga had been strangled.

Suspecting that the culprit could be Maga's friend, the police decided to question Contemplacion as her name and
address were written in the dead woman's diary. After interrogating Contemplacion and checking her alibi, which
turned out to be false, the police arrested her on 5 May 1991. Two days later, she was charged for the two murders.

In her statements to the police and subsequent court testimony, Contemplacion admitted to the double murder and
gave a detailed account of what happened. She also claimed that she had felt ill before the killings and that she was
not in control of herself when she was hurting the victims.

According to Contemplacion, Maga, who was scheduled to return to the Philippines on 5 May 1991, had agreed to
help her deliver a parcel to her parents there. So, on the morning of 4 May, she went to Maga's flat to hand her the
parcel. When Maga was in the kitchen doing some work, Contemplacion used an elastic cord to strangle her from
behind. After Maga collapsed, she dragged the body to the attached bathroom, where she saw Nicholas playing
with water in a pail. She stood behind him, held him by his upper arms and pushed his head into the pail. She let go
when the boy became motionless. She then took some items that Maga was planning to take back to the Philippines
and left the flat.

From Trial to Execution

Contemplacion's trial in the High Court commenced on 26 January 1993. On the third day, she claimed that her
statements to the police had been obtained under duress, but the judge dismissed the allegation. The next day, she
chose to remain silent when her defence was called as the hearing drew to a close. The judge then found her guilty
as charged and sentenced her to death. She subsequently filed two appeals but failed to have the sentence reduced.
Her execution was set for 17 March 1995.

In January 1995, then president of the Philippines, Fidel Ramos, wrote to Singapore's then president Ong Teng
Cheong requesting clemency on humanitarian grounds. Ong turned down the request in February, explaining that
there were no justifying circumstances. Contemplacion's own petition for presidential clemency, also submitted in
January 1995, was rejected at the same time.

Ramos wrote to Ong again six days before the scheduled execution, this time asking for a stay of execution in the
light of new evidence provided by another Filipino domestic worker Emilia Frenilla, who worked for the brother of
Nicholas's father. Frenilla claimed she had overheard a conversation between her employer and Nicholas's father
that led her to believe that the latter had strangled Maga after discovering his son had drowned. Ong turned down
Ramos's appeal as the allegations were found to be baseless.

On 17 March, just after 4 am, the police received an affidavit by Contemplacion's former fellow inmate Virginia
Custodio Parumog, who claimed Contemplacion had told her that Nicholas's father had killed Maga in anger upon
seeing his dead son. Parumog's statement was found to be false and Contemplacion was hanged as scheduled later
that morning. The next day, her body was returned home and more than 5,000 supporters gathered around her
house in San Pablo to see her coffin. Her funeral on 26 March attracted about 40,000 people. In May 1995, a movie
about her, titled The Flor Contemplacion Story, was released in the Philippines.

DIPLOMATIC FALLOUT

Contemplacion's execution sparked intense public outrage in the Philippines against the Singapore government.
Demonstrations were staged outside the Singapore embassy and Singapore flags were burned. The embassy
reported receiving threats against Singaporeans and Singapore properties in the country and there were calls to
boycott Singapore products there. The Philippine public, who considered Contemplacion a heroine, also directed
their anger against their own government, which was criticized for not doing enough to protect the country's
3
millions of overseas contract workers. Fearing for their safety, several Singaporeans working in the Philippines left
the country and many who were there on holiday or business cut short their visit.

All this occurred in the run-up to the Philippine national elections on 8 May 1995, putting severe pressure on the
Ramos administration and leading the Philippine government to certain actions that in turn soured diplomatic
relations with Singapore. A few days after the execution, the Philippines recalled its Singapore ambassador and
downgraded its diplomatic representation here to charge d'affaires. Singapore responded by recalling its
Philippine ambassador as well. Then prime minister Goh Chok Tong's April visit to Manila and joint naval exercises
planned for July were also postponed.

Ramos even threatened to sever diplomatic ties with Singapore if the special commission he had created on 20
March 1995 found Contemplacion to be a victim of injustice. The commission's report, submitted on 6 April, added
fuel to the fire with its conclusion that Contemplacion might have been innocent and that the case should be re-
opened. The Singapore government rejected the findings but agreed to re-examine Maga's remains. Two autopsies
later, a joint one in April by experts from both sides and a second one in July by an independent panel, the
Philippine government finally accepted the original findings of Singapore's pathologists and thus began the process
of reconciliation between the two countries.

AN ACT TO AMEND REPUBLIC ACT 8042 ENTITLED, AN ACT TO INSTITUTE THE POLICIES OF THE OVERSEAS
EMPLOYMENT AND ESTABLISH A HIGHER STANDARD OF PROTECTION AND PROMOTION OF THE WELFARE OF
MIGRANT WORKER, THEIR FAMILIES AND OVERSEAS FILIPINOS IN DISTRESS AND FOR OTHER PURPOSES

REPUBLIC OF THE PHILIPPINES

HOUSE OF REPRESENTATIVES

Quezon City

ELEVENTH CONGRESS

First Regular Session

HOUSE BILL NO. ___363___

4
 INTRODUCED BY HONORABLE DANTE V. LIBAN

EXPLANATORY NOTE

We recognized the good intention of the government and the authors of the consolidated bills, namely,
House Bill Nos. 14314 and Senate Bill Nos. 2077 which became R.A. 8042, that is, to manage the overseas labor
program consistent with the overall national employment policies and at the same time establish sufficient safety
nets to safeguard the welfare of our OCWs. We believe, however, that to enable us to fully achieve the above
objectives, there is a need to amend some provisions of the law.

Specifically, we wish to highlight the following points:

1. The unskilled workers are not allowed to be deployed overseas, which, in effect would prevent us from
helping the sector of our society which needs help. It would likewise deny them the opportunity to receive free
training abroad while at the same time earning, which training and transfer of technology would otherwise cost
hundreds of millions to the government.

2. While we recognized the NGOs as partner of government in this program, we failed to recognize the
private business sector which is mainly responsible for creating gainful employment for our new heroes, without
them there will be no heroes. To categorize them together with the illegal recruiters is adding insult to injury
which is most unfair. With the above points in mind, we propose for the approval of this amendatory bil

5
 ELEVENTH CONGRESS

First Regular Session

HOUSE BILL NO. ___363___

AN ACT TO AMEND REPUBLIC ACT 8042 ENTITLED, AN ACT TO INSTITUTE THE POLICIES OF THE OVERSEAS
EMPLOYMENT AND ESTABLISH A HIGHER STANDARD OF PROTECTION AND PROMOTION OF THE WELFARE OF
MIGRANT WORKER, 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 Congress assembled:

SECTION 1. Section 2 (g) and (h) is hereby amended to read as follows:

(g) The state recognizes that the ultimate protection to all migrant is the possession of skills. Pursuant
to this and as soon as practicable, the government shall deploy and/or allow deployment only of [skilled]
EMPOWERED AND JOB ORIENTED Filipino workers.

(h) Non-government organization, duly recognized as legitimate AND THE PRIVATE BUSINESS SECTOR
INVOLVED are partners of the state in the protection of Filipino migrant workers and in the promotion of their
welfare. The state shall cooperate with them in a spirit of trust and mutual respect.

SECTION 2. Section 6 on Illegal Recruitment is hereby amended to read as follows:

Section 6. Definition The purpose of this Act, illegal recruitment shall mean any act of canvassing,
enlisting, contracting, transporting, utilizing, hiring or procuring workers and included referring, contract services,
promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-licensee or
non-holder of authority contemplated under Article 13 (f) of Presidential Decree No. 422, as amended, otherwise
known as the Labor Code of the Philippines; Provided, That any such non-licensee or non-holder of authority who,
in any manner, offers or promises for a fee, employment abroad to two or more persons shall be deemed so
engaged. [It shall likewise include] The following acts [whether] WHEN committed by [any person, whether a non-
licensee or non-holder of authority] a license or holder of authority SHALL CONSTITUTE GRAVE VIOLATIONS OF
THE RULES AND REGULATIONS OF DEPARTMENT OF LABOR AND EMPLOYMENT AND/OR PHILIPPINE
OVERSEAS EMPLOYMENT ADMINISTRATION SUBJECT TO ITS SANCTIONS, UNDER OFFENSES AND
CORRESPONDING PENALTIES.

a. To charge or accept directly or indirectly any amount greater than that specified in the schedule of
allowable fees prescribed by the Secretary of Labor and Employment, or to make a worker pay any amount greater
that that actually received by him as a loan advance.

b. To furnish or publish any false notice or information of document in relation to recruitment or

employment;

c. To give any false notice, testimony, information or document or commit any act misrepresentation
for the purpose of securing a license or authority under this Act;

6
 d. To endure or attempt to induce a worker already employed to quit his employment in order to offer
him another unless the transfer is designed to liberate a worker from oppressive terms and conditions of
employment;

e. To influence or attempt to influence any person or entity not to employ any worker who has not
applied for employment through his agency;

f. To engage in the recruitment or placement of workers in jobs harmful to public health or morality
or to the 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;

h. To fail to submit reports on the status of employment, placement vacancies, remittance of foreign
exchange earnings, separation from jobs, departures and such other matters of information as maybe required by
the Secretary of Labor and Employment.

i. To substitute or alter employment contracts approved and verified by the Department of Labor and
Employment from time to time of actual signing thereof by the parties up to and including the period of the
expiration of the same without the approval of the Department of Labor and Employment;

j. For an officer or agent of a recruitment or placement agency to become officer or member of the
Board of any corporation engaged in travel agency to be engaged directly or indirectly in the management of a
travel agency;

k. To withhold or deny travel documents from applicant workers before departure for monetary or
financial considerations other than those authorized under this Act and its implementing rules and regulations;

l. Failure to actually deploy without valid reason as determined by the department of Labor and
Employment;

m. Failure to reimburse expenses incurred by the worker in connection with his documentation and
processing for purposes of deployment, in cases where deployment does not actually take place.

Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) persons
conspiring of 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 and accessories. In case
of juridical person, the officers having control, management or direction of their business shall be liable.

SECTION 3. The last paragraph of Section 7 of the law on Penalties shall be amended to read as follows:

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

SECTION 4. The second paragraph of Section 10 of the law on money claims is hereby amended to read as
follows:

7
 The liability of the principal/employer and the LICENSED recruitment/placement agency for any and all
claims under this Section shall be joint and several. This provision shall be incorporated in the contract for
overseas employment and shall be a condition precedent for its approval. The [Performance] SURETY AND CASH
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 the recruitment/placement agency is a juridical being,
the corporate officer and directors and partners as the case maybe, shall themselves be jointly and solidarily be
liable with the corporation or partnership for the aforesaid claims and damages SUBJECT TO THE PROVISIONS OF
THE CORPORATION CODE OF THE PHILIPPINES.

SECTION 5. Effectivity. This Act shall take effect after fifteen (15) days from its publication in the Official
Gazette or in at least two (2) national newspaper of general circulation, whichever comes earlier.

REPUBLIC ACT NO. 8042

June 7, 1995

Migrant Workers and Overseas Filipinos Act of 1995

8
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.

Section 1.Short Title. - This Act shall be known and cited as the "Migrant Workers and Overseas Filipinos Act
of 1995".

Section. 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 relations with other states,
the State shall, at all times, uphold the dignity of its citizens whether in country or 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 this end, the State shall provide
adequate and timely social, economic and legal services to Filipino migrant workers.
(c) While recognizing the significant contribution of Filipino migrant workers to the national economy through
their foreign exchange remittances, the State does not promote overseas employment as a means to sustain
economic growth an achieve national development. The existence of the overseas employment program
rests solely on the assurance that the dignity and fundamental human rights and freedoms of the Filipino
citizen shall not, at any time, be compromised or violated. The State, therefore, shall continuously create
local employment opportunities 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 the significant role of
women in nation-building. Recognizing the contribution of overseas migrant women workers and their
particular vulnerabilities, the State shall apply gender sensitive criteria in the formulation and
implementation of policies and programs affecting migrant workers and the 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 be denied to any
person by reason of poverty. In this regard, it is imperative that an effective mechanism be instituted to
ensure that the rights and interest of distressed overseas Filipinos, in general, and Filipino migrant
workers, in particular, documented or undocumented, are adequately protected and safeguarded.
(f) The right of Filipino migrant workers and all overseas Filipinos to participate in the democratic decision-
making processes of the State and to be represented in institutions relevant to 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 the deployment only of skilled
Filipino workers.
(h) Non-governmental organizations, duly recognized as legitimate, are partners of the State in the protection
of Filipino migrant workers and in the promotion of their welfare. The State shall cooperate with them in a
spirit of trust and mutual respect.
(i) Government fees and other administrative costs of recruitment, introduction, placement and assistance to
migrant workers shall be rendered free without prejudice to the provision of Sec. 36 hereof.

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

Section 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 in a remunerated
activity in a state of which he or she is not a legal resident; to be used interchangeably with overseas
Filipino worker.

9
(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 the respective interests of the sexes.
(c) Overseas Filipinos refers to dependents of migrant workers and other Filipino nationals abroad who are in
distress as mentioned in Sec.s 24 and 26 of this Act.

I. DEPLOYMENT

Section 4.Deployment of Migrant Workers. - The State shall deploy overseas Filipino workers only in
countries where the rights of Filipino migrant workers are protected. The government recognizes any of the
following as a 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, declarations or resolutions relating to the protection of migrant
workers;
(c) It has concluded a bilateral agreement or arrangement with the government protecting the rights of
overseas Filipino workers; and
(d) It is taking positive, concrete measures to protect the rights of migrant workers.

Section 5. Termination or Ban on Deployment. - Notwithstanding the provisions of Sec. 4 hereof, the
government, in pursuit of the national interest or when public welfare so requires, may, at any time, terminate
or impose a ban on the deployment of migrant workers.

II. ILLEGAL RECRUITMENT

Section 6.Definition. - For purposes of this Act, illegal recruitment shall mean any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring, or procuring workers and includes referring, contract services,
promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-licensee
or non-holder of authority contemplated under Article 13(f) of Presidential Decree No. 442, as amended,
otherwise known as the Labor Code of the Philippines: Provided, That any such non-licensee 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. It shall likewise include the following acts, whether committed by any person, whether a non-
licensee, non-holder, licensee or holder of authority:

(a) To charge or accept directly or indirectly any amount greater than that specified in the schedule of
allowable fees prescribed by the Secretary of Labor and Employment, or to make a worker 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 recruitment or
employment;
(c) To give any false notice, testimony, information or document or commit any act of misrepresentation 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 to offer him
another unless the transfer is designed to liberate a worker from oppressive terms and conditions of
employment;
(e) To influence or attempt to influence any person or entity not to employ any worker who has not applied for
employment through his agency;
(f) To engage in the recruitment or placement of workers in jobs harmful to public health or morality or to the
dignity of t 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;
(h) To fail to submit reports on the status of employment, placement vacancies, remittance of foreign exchange
earnings, separation from jobs, departures and such other matters or information 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 by the parties up to and
10
 including the period of the expiration of the same without the approval of the Department of Labor and
Employment;
(j) For an officer or agent of a recruitment or placement agency to become an officer or member of the Board
of any corporation engaged in travel agency or to be engaged directly or indirectly in the management of a
travel agency;
(k) To withhold or deny travel documents from applicant workers before departure for monetary or financial
considerations other than those authorized under the Labor Code and its implementing rules and
regulations;
(l) Failure to actually deploy without valid reason as determined by the Department of Labor and Employment
; and
(m)Failure to reimburse expenses incurred by the worker in connection with his documentation and 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 large scale shall be considered an
offense involving economic sabotage.

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

Section 7.Penalties. -

(a) Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of not less than six
(6) years and one (1) day but not more than twelve (12) years and a fine of not less than 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 illegal recruitment constitutes
economic sabotage as defined herein.

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

Section. 8. Prohibition on Officials and Employees. - It shall be unlawful for any official or employee of the
Department of Labor and Employment, the Philippine Overseas Employment Administration (POEA), or the
Overseas Workers Welfare Administration (OWWA), or the Department of Foreign Affairs, or other
government agencies involved in the implementation of this 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 provided in the immediate preceding paragraph shall be imposed upon them.

Section. 9. Venue. - A criminal action arising from illegal recruitment as defined herein shall be filed with the
Regional Trial Court of the province or city where the offense was committed or where the offended party
actually resides at the time of the commission of the offense: Provided, That the court where the criminal
action is first filed shall acquire jurisdiction to the exclusion of other courts: Provided, however, That the
aforestated provisions shall also apply to those criminal actions that have already been filed in court at the time
of the effectivity of this Act.

Section. 10. Money Claims. - Notwithstanding any provision of law to the contrary, the Labor Arbiters of the
National Labor Relations Commission (NLRC) shall have the original and exclusive jurisdiction to hear and
decide, within ninety (90) calendar days after the filing of the complaint, the claims arising out of an employer-
employee relationship or by virtue of any law or 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 any and all claims
under this Sec. shall be joint and several. This provision shall be incorporated in the contract for overseas
employment and shall be a condition precedent for its approval. The performance bond to be filed by the
11
recruitment/placement agency, as provided by law, shall be answerable for all money claims or damages that
may be awarded to the workers. If the recruitment/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
corporation or partnership for the aforesaid claims and damages.

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

Any compromise/amicable settlement or voluntary agreement on money claims inclusive of damages

under this Sec. shall be paid within four (4) months from the approval of the settlement by the appropriate
authority.

In case of termination of overseas employment without just, valid or authorized cause as defined by law
or contract, the worker shall be entitled to the full reimbursement of his placement fee with interest at twelve
percent (12%) per annum, plus his salaries for the unexpired portion of his employment contract or for three
(3) months for every year of the unexpired term, whichever is less.

Noncompliance with the mandatory periods for resolutions of cases provided under this Sec. 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 resolution within the 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 disqualification to hold any appointive public office for five (5) years.

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

Section 11.Mandatory Periods for Resolution of Illegal Recruitment Cases. - The preliminary investigations of
cases under this Act shall be terminated 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 faciecase is
established, the corresponding information shall be filed in court within twenty-four (24) hours from the
termination of the investigation. If the preliminary investigation is conducted by a judge and aprima facie case
is found to exist, the corresponding information shall be filed by the proper prosecution officer within forty-
eight (48) hours from the date of receipt of the records of the case.

Section 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.

Section 13.Free Legal Assistance; Preferential Entitlement Under the Witness Protection Program. - A
mechanism for free legal assistance for victims of illegal recruitment shall be established within the
Department of Labor and Employment including its regional offices. Such mechanism must include
coordination and cooperation 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 person who is a victim of
illegal recruitment shall be entitled to the Witness Protection Program provided thereunder.

III. SERVICES

Section 14.Travel Advisory/Information Dissemination. - To give utmost 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 advisories or disseminate information on labor and employment conditions,

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migration realities and other facts; and adherence of particular countries to international standards on human
and workers' rights which will adequately prepare individuals into making informed and intelligent decisions
about overseas employment. Such advisory or information shall be published in a newspaper of general
circulation at least three (3) times in every quarter.

Section 15.Repatriation of Workers; Emergency Repatriation Fund. - 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 costs attendant 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 a deceased worker and all costs attendant thereto shall be borne by the principal and/or the local agency.
However, in cases where the termination of employment in due solely to the fault of the worker, the
principal/employer or agency shall not in any manner be responsible for the repatriation of the former and/or
his belongings.

The Overseas Workers Welfare Administration (OWWA), in coordination with appropriate

international agencies, shall undertake the repatriation of workers in cases of war, epidemic, disaster 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 purpose, there is hereby created and established an emergency repatriation fund under the
administration, control and supervision of the OWWA, initially to consist of One hundred million pesos
(P100,000,000.00), which shall be taken from the existing fund controlled and administered by the OWWA.
Thereafter, such fund shall be provided for in the General Appropriations Act from year to year:Provided, That
the amount appropriated shall in no case be less than One hundred million pesos (P100,000,000.00), inclusive
of outstanding balances.

Section 16.Mandatory Repatriation of Underage Migrant Workers. - Upon discovery or being informed of the
presence of migrant workers whose actual ages fall below the minimum age requirement for overseas
deployment, the responsible officers in the foreign service shall without delay repatriate said workers and
advise the Department of Foreign Affairs through the fastest means of communication available of such
discovery and other relevant information.

Section 17.Establishment of Re-placement and Monitoring Center. - A re- placement and monitoring center is
hereby created in the Department of Labor and Employment for returning Filipino migrant workers which
shall provide a mechanism for their reintegration 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 Welfare Administration, and the
Philippine Overseas Employment Administration shall, within ninety (90) days from the effectivity of this Act,
formulate a program that would motivate migrant workers to plan for productive options such as entry into
highly technical jobs or undertakings, livelihood and entrepreneurial development, better wage employment,
and investment of savings.

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

Section 18.Functions of the Re-placement and Monitoring Center. - The Center shall provide the following
services:

(a) Develop livelihood programs and projects for returning Filipino migrant workers in coordination with the
private sector;
(b) Coordinate with appropriate private and government agencies in the promotion, development, re-
placement and the full utilization of their potentials;
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(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 Filipino migrant workers; and
(e) Develop and implement other appropriate programs to promote the welfare of returning Filipino migrant
workers.

Section 19.Establishment of a Migrant Workers and other Overseas Filipinos Resource Center. - Within the
premises and under the administrative jurisdiction of the Philippine Embassy in countries where there are
large concentrations of Filipino migrant workers, there shall be established a Migrant Workers and Other
Overseas Filipinos Resource Center with the following services:

(a) Counselling and legal services;

(b) Welfare assistance including the procurement of medical and hospitalization services;
(c) Information, advisory and programs to promote social integration such as post-arrival orientation,
settlement and community networking services and activities for social interaction;
(d) Institute a scheme of registration of undocumented workers to bring them within the purview of this Act.
For this purpose, the Center is enjoined to compel existing undocumented workers to registered 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 program and activities to assist particular needs of women migrant workers;
(g) Orientation program for returning worker and other migrants; and
(h) Monitoring of daily situations, circumstances and activities affecting migrant workers and other overseas
Filipinos

The establishment and operations of the Center shall be a joint undertaking of the various government
agencies. The Center shall be open for twenty-four (24) hours daily including Saturdays, Sunday and holidays,
and shall be staffed by Foreign Service personnel, service attaches or officers who represent other Philippine
government agencies abroad and, if available, individual volunteers and bona fide non-government
organizations from the host countries. In countries categorized as highly problematic by the Department of
Foreign Affairs and the Department of Labor and Employment and where there is a concentration of Filipino
migrant workers, the government must provide a lawyer and a social worker for the Center. The Labor Attache
shall coordinate the operation of the Center and shall keep the Chief of Mission informed and updated on all
matters affecting it.

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

Section 20.Establishment of a Shared Government Information System for Migration. - An inter-agency

committee composed of the Department of Foreign Affairs and its attached agency, the Commission on
Filipinos Overseas, the Department of Labor and Employment, the Philippine Overseas Employment
Administration, the Overseas Workers Welfare Administration, the Department of Tourism, the Department of
Justice, the Bureau of Immigration, the National Bureau of Investigation, and the National Statistics Office
shall be established to implement a shared government information system for migration. The inter- agency
committee shall initially make available to itself the information contained in existing data bases/files. The
second phase shall involve linkaging of computer facilities in order to allow free flow data changes 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 initially include, but not be limited to, the
following information:

(a) Masterlists of Filipino migrant workers/overseas Filipinos classified according to occupation/job category,
civil status, by country/state of destination including visa classification;
(b) Inventory of pending legal cases involving Filipino migrant workers and other Filipino nationals, including
those serving prison terms;

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(c) Masterlist 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 and criminal codes in receiving
countries particularly those with large numbers of Filipinos;
(g) List of labor and other human rights instruments where receiving countries are signatories;
(h) A tracking system of past and present gender disaggregated cases involving male and female migrant
workers; and
(i) Listing of overseas posts which may render assistance to overseas Filipinos, in general, and migrant
workers, in particular.

Section 21.Migrant Workers Loan Guarantee Fund. - In order to further prevent unscrupulous illegal
recruiters from taking advantage of workers seeking employment abroad, the OWWA, in coordination with
government financial institutions, shall institute financing 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 revolving amount of One hundred million pesos (P100,000,000.00) from the OWWA is set aside as a
guarantee fund in favor of participating government financial institutions.

Section 22.Rights and Enforcement Mechanism Under International and Regional Human Rights Systems.-
The Department of Foreign Affairs is mandated to undertake the necessary initiative such as promotions,
acceptance or adherence of countries receiving Filipino workers to multilateral convention, declaration or
resolutions pertaining to the protection of migrant workers' rights. The Department of Foreign Affairs is also
mandated to make an assessment of rights and avenues of redress under international and regional human
rights systems that are available to Filipino migrant workers who are victims of abuse and violation and, as far
as practicable and through the Legal Assistant for Migrant Workers Affairs created under this Act, pursue the
same on behalf of the victim if it is 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 the
Filipino migrant workers of the existence and effectiveness of such legal options.

IV. GOVERNMENT AGENCIES

Section 23.Role of Government Agencies. - The following government agencies shall perform the following to
promote the welfare and protect the rights of migrant workers and, as far as applicable, all overseas Filipinos:

(a) Department of Foreign Affairs - The Department, through its home office or foreign posts, shall take
priority action or make representation with the foreign authority concerned to protect the rights of migrant
workers and other overseas Filipinos and extend immediate assistance including the repatriation of
distressed or beleaguered migrant workers and other overseas Filipinos;
(b) Department of Labor and Employment - The Department of Labor and Employment shall see to it that
labor and social welfare laws in the foreign countries are fairly applied to migrant workers and whenever
applicable, to other overseas Filipinos including the grant of legal assistance and the referral to proper
medical centers or hospitals:

(b.1) Philippine Overseas Employment Administration - Subject to deregulation and phase-out as provided
under Sec.s 29 and 30 herein, the Administration shall regulate private sector participation in the recruitment
and overseas placement of workers by setting up a licensing and registration system. It shall also formulate and
implement, in coordination with appropriate entities concerned, when necessary, a system for promoting and
monitoring the overseas 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 his absence, the coordinating officer
shall provide the Filipino migrant worker and his family all the assistance they may need in the enforcement of
contractual obligations by agencies or entities and/or by their principals. In the performance of this function,
he shall make representation and may 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.

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V. THE LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS

Section 24.Legal Assistant for Migrant Workers Affairs. - There is hereby created the position of Legal
Assistant for Migrant Workers Affairs under the Department of Foreign Affairs who shall be primarily
responsible for the provision and overall coordination of all legal assistance services to be provided to Filipino
migrant workers as well as overseas Filipinos in distress. He shall have the rank, salary and privileges equal to
that of an undersecretary of said Department.

The said Legal Assistant for Migrant Workers Affairs, shall be appointed by the President and must be
of proven competence in the field of law with at least ten (10) years of experience as a legal practitioner and
must not have been a candidate to an elective office in the last 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 provision of legal assistance services to Filipino
migrant workers;
(b) To establish close linkages with the Department of Labor and Employment, the POEA, the OWWA and
other government agencies concerned, as well as with non-governmental organizations 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 the Philippines and other bar
associations to complement the government's efforts to provide legal assistance to our migrant workers;
(d) To administer the legal assistance fund for migrant workers established under Sec. 25 thereof and to
authorize disbursements therefrom in accordance with the purposes for which the fund was set up; and
(e) To keep and maintain the information system as provided in Sec. 20.

The Legal Assistant for Migrant Workers Affairs shall have authority to hire private lawyers, domestic or
foreign, in order to assist him in the effective discharge of the above functions.

Section 25.Legal Assistance Fund. - There is hereby established a legal assistance fund for migrant workers,
hereinafter referred to as the Legal Assistance Fund, in the amount of One hundred million pesos
(P100,000,000.00) to be constituted from the following sources:

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 Decrees Nos. 1694 and 1809.

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

Section 26.Uses of the Legal Assistance Fund. - The Legal Assistance Fund created under the preceding Sec.
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 Sec. 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 to represent migrant workers facing charges abroad, bail bonds to
secure the temporary release of workers under detention, court fees and charges and other litigation expenses.

VI. COUNTRY-TEAM APPROACH

Section 27.Priority Concerns of Philippine Foreign Service Posts. - The country-team approach, as enunciated
under Executive Order No. 74, series of 1993, shall be the mode under which Philippine embassies or their
personnel will operate in the protection of the Filipino migrant workers as well as in the promotion of their

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welfare. The protection of the Filipino migrant workers and the promotion of their welfare, in particular, and
the protection of the 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 Foreign Service
Posts.

Section 28.Country-Team Approach. - Under the country-team approach, all officers, representatives and
personnel of the Philippine government posted abroad regardless of their mother agencies shall, on a per
country basis, act as one country-team with a mission under the leadership of the ambassador. In this regard
the ambassador may recommend to the Secretary 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
interest such as, but not limited to, failure to provide the necessary services to protect the rights of overseas
Filipinos.

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

In host countries where there are Philippine consulates, such consulates shall also constitute 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

Section 29.Comprehensive Deregulation Plan on Recruitment Activities. - Pursuant to a progressive policy of

deregulation whereby the migration of workers becomes strictly a matter between the worker and his foreign
employer, the DOLE, within one (1) year from the effectivity of this Act, is hereby mandated to formulate a five-
year comprehensive deregulation plan on recruitment activities taking into account labor market trends,
economic conditions of the country and emerging circumstances which may affect the welfare of migrant
workers.

Section 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 regulatory functions of the POEA pursuant to the objectives of
deregulation.

VIII. PROFESSIONAL AND OTHER HIGHLY-SKILLED FILIPINOS ABROAD

Section 31.Incentives to Professionals and Other Highly-Skilled Filipinos Abroad. - Pursuant to the objective
of encouraging professionals and other highly-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 public and
private sectors.

IX. MISCELLANEOUS PROVISIONS

Section 32.POEA and OWWA Board; Additional Memberships. - Notwithstanding any provision of law to the
contrary, the respective Boards of the POEA and the OWWA shall, in addition to their present composition,
have three (3) members each who shall come from the women, sea-based and land-based sectors respectively,
to be appointed by the President in the same manner as the other members.

Section 33.Report to Congress. - In order to inform the Philippine Congress on the implementation of the
policy enunciated in Sec. 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

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countries hosting Filipino migrant workers. The report shall include, but shall not be limited to, the following
information:

a. Masterlist of Filipino migrant workers, and inventory of pending legal cases involving them 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 their rights;
d. Initiatives/actions taken by the Philippine foreign posts to address the problems of Filipino 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 the host country.
g. Any officer of the government who fails to report as stated in the preceding Sec. shall be subject to
administrative penalty.

Section 34.Representation in Congress. - Pursuant to Sec. 5(2), Article VI of the Constitution and in line with
the objective of empowering overseas Filipinos to participate in the policy making process to address Filipino
migrant concerns, two (2) sectoral representatives for migrant workers in the House of Representatives shall be
appointed by the President 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.

Section 35.Exemption from Travel Tax and Airport Fee. - All laws to the contrary 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.

Section 36.Non-increase of Fees; Abolition of Repatriation Bond. - Upon approval of this Act, all fees being
charged by any government office on migrant workers shall remain at their present levels and the repatriation
bond shall be abolished.

Section 37.The Congressional Migrant Workers Scholarship Fund. - There is hereby created a Congressional
Migrant Workers Scholarship Fund which shall benefit deserving migrant workers and/or their immediate
descendants below twenty-one (21) years of age who intend to pursue courses or training primarily in the field
of science and technology. The initial seed fund of Two hundred million pesos (P200,000,000.00) shall be
constituted from the following sources:

a. Fifty million pesos (P50,000,000.00) from the unexpended Countrywide Development 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 funded from the proceeds of
Lotto draws.

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

Section 38.Appropriation and Other Sources of Funding. - The amount necessary to carry out the provisions
of this Act shall be provided for in the General Appropriations Act of the year following its enactment into law
and thereafter.

Section 39.Migrant Workers Day. - The day of signing by the President of this Act shall be designated as the
Migrant Workers Day and shall henceforth be commemorated as such annually.

Section 40.Implementing Rules and Regulations. - The departments and agencies charged with carrying out
the provisions of this Act shall, within ninety (90) days after the effectivity of this Act, formulate the necessary
rules and regulations for its effective implementation.

Section 41.Repealing Clause. - All laws, decrees, executive orders, rules and regulations, or parts thereof
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
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Section 42.Separability Clause. - If, for any reason, any Sec. or provision of this Act is held unconstitutional or
invalid, the other Sec.s or provisions hereof shall not be affected thereby.

Section 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 general circulation whichever comes earlier.

Approved: June 7, 1995

Reference:

http://www.chanrobles.com/republicactno8042.htm#REPUBLIC%20ACT%20NO.%208042

http://erbl.pids.gov.ph/listbills.phtml?id=30

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