{\rtf1\ansi\ansicpg1252\cocoartf1038\cocoasubrtf360 {\fonttbl\f0\fswiss\fcharset0 Helvetica;} {\colortbl;\red255\green255\blue255;} \paperw11900\paperh16840\margl1440\margr1440\vieww11900\viewh16840\viewkind1 \pard\tx566\tx1133\tx1700\tx2267\tx2834\tx3401\tx3968\tx4535\tx5102\tx5669\tx623 6\tx6803\ql\qnatural\pardirnatural \f0\fs24 \cf0 ABSTRACT (not counted as page) \ *brief description

\ *NO RECOMMENDATION \ *100-200 words\ -->includes statement of issue \ -->description of resources \ -->method design\ -->major finding \ -->conclusion\ Examining the Constitutionality of RA 10022: The Rights of Overseas Filipino Wo rker in case of Illegal Dismissal Republic Act 10022 An act amending Republic Act 8042 otherwise Known as the mig rant workers and overseas Filipino Act of 1995 Section 10 paragraph 5 provides t hat "In case of termination of overseas employment without just, valid or author ized cause as defined by law or contract, or any unauthorized deductions from th e migrant worker's salary, the worker shall be entitled to the full reimbursemen t if his placement fee and the deductions made with interest at twelve percent ( 12%) per annum, plus his salaries for the unexpired portion of his employment co ntract or for three (3) months for every year of the unexpired term, whichever i s less." Overseas Filipino Worker or Migrant Worker refers to a person who is to be engag ed, is engaged, or has been engaged in a remunerated activity in a state of whic h he or she is not a citizen or on board a vessel navigating the foreign seas ot her than a government ship used for military or non- commercial purposes, or on an installation located offshore or on the high seas. A "person to be engaged in a remunerated activity" refers to an applicant worker who has been promised or assured employment overseas.For the their family OFW as the so called "Bagong Ba yani".Working abroad means severance from families.Parents who choose to work ab road to, the children who grow up without one or both parents. In Olarte v. Nayona, Court held that:"Our overseas workers belong to a disadvant aged class. Most of them come from the poorest sector of our society. Their prof ile shows they live in suffocating slums, trapped in an environment of crimes. H ardly literate and in ill health, their only hope lies in jobs they find with di fficulty in our country. Their unfortunate circumstance makes them easy prey to avaricious employers. They will climb mountains, cross the seas, endure slave tr eatment in foreign lands just to survive. Out of despondence, they will work und er sub-human conditions and accept salaries below the minimum. The least we can do is to protect them with our laws." Hence the alienable rights of the OFW shou ld not be denied nor be ignored. This thesis examines of The Rights of Overseas Filipino Worker in case of Illega l The author will also explore the amended clause from Republic Act 8042 that ha s been ruled by the court unconstitutional in the case of Claudio YAp vs Thenama risShips Management ad Intermare Maritime Agencies,Inc , n relation to the said study.This will support the proponent to further examine the question of constit utionality on The Rights of Overseas Filipino Worker in case of Illegal Dismissa l.The propositions presented are based on existing laws,notwithstanding the fore going are necessarily subject to further studies and practicability