Professional Documents
Culture Documents
RA 8042 RA 10022
(e) Free access to the courts and (e) Free access to the courts and quasi-
quasi-judicial bodies and adequate judicial bodies and adequate legal
legal assistance shall not be denied to assistance shall not be denied to any
any persons by reason of poverty. In person by reason of poverty. In this
this regard, it is imperative that an regard, it is imperative that an effective
effective mechanism be instituted to mechanism be instituted to ensure that
ensure that the rights and interest of the rights and interest of distressed
distressed overseas Filipinos, in overseas Filipinos, in general, and
general, and Filipino migrant workers, Filipino migrant workers, in particular,
in particular, documented or whether regular/documented or
undocumented, are adequately irregular/undocumented, are
protected and safeguarded adequately protected and safeguarded
Section 3 (a) "Migrant worker" refers to a (a) "Overseas Filipino worker" refers to
person who is to be engaged, is a person who is to be engaged, is
engaged or has been engaged in a engaged or has been engaged in a
renumerated activity in a state of remunerated activity in a state of which
which he or she is not a legal resident he or she is not a citizen or on board a
to be used interchangeably with vessel navigating the foreign seas other
overseas Filipino worker. than a government ship used for military
or non-commercial purposes or on an
installation located offshore or on the
high seas; to be used interchangeably
with migrant worker."
(a) It has existing labor and social (a) It has existing labor and social laws
laws protecting the rights of migrant protecting the rights of workers,
workers; including migrant workers;
(b) To furnish or publish any false (b) To furnish or publish any false notice
notice or information or document in or information or document in relation to
relation to recruitment or employment; recruitment or employment;
Such liabilities shall continue during Such liabilities shall continue during the
the entire period or duration of the entire period or duration of the
employment contract and shall not be employment contract and shall not be
affected by any substitution, affected by any substitution,
amendment or modification made amendment or modification made
locally or in a foreign country of the locally or in a foreign country of the said
said contract. contract.
(b) Suspension for not more than (c) Dismissal from the service with
ninety (90) days; or disqualification to hold any appointive
public office for five (5) years.
(c) Dismissal from the service with
disqualifications to hold any Provided, however, That the penalties
appointive public office for five (5) herein provided shall be without
years. prejudice to any liability which any such
official may have incurred under other
Provided, however, that the penalties existing laws or rules and regulations as
herein provided shall be without a consequence of violating the
prejudice to any liability which any provisions of this paragraph."
such official may have incurred under
other existing laws or rules and
regulations as a consequence of
violating the provisions of this
paragraph.
For this purpose, the Technical For this purpose, the Technical
Education and Skills Development Education and Skills Development
Authority (TESDA), the Technology Authority (TESDA), the Technology
Livelihood Resource Center (TLRC), Livelihood Resource Center (TLRC),
and other government agencies and other government agencies
involved in training and livelihood involved in training and livelihood
development shall give priority to development shall give priority to
return who had been employed as returnees who had been employed as
domestic helpers and entertainers. domestic helpers and entertainers.
SEC. 18. FUNCTIONS OF THE RE- "SEC. 18. Functions of the National
Section 18 PLACEMENT AND MONITORING Reintegration Center for Overseas
CENTER. - The center shall provide Filipino Workers. -The Center shall
the following service: provide the following services:
(a) Develop livelihood programs and "(a) Develop and support programs
projects for returning Filipino migrant and projects for livelihood,
workers in coordination with the entrepreneurship, savings, investments
private sector; and financial literacy for returning
Filipino migrant workers and their
families in coordination with relevant
stakeholders, service providers and
international organizations;
(b) Coordinate with appropriate
private and government agencies the
promotion, development, re- (b) Coordinate with appropriate
placement and the full utilization of stakeholders, service providers and
their potentials; relevant international organizations for
the promotion, development and the
full utilization of overseas Filipino
worker returnees and their potentials;
(c) Institute in cooperation with other
(c) Institute, in cooperation with other
government agencies concerned, a
government agencies concerned, a
computer-based information system
computer-based information system on
on skilled Filipino migrant workers
returning Filipino migrant workers shall
which shall be accessible to all local
be accessible to all local recruitment
recruitment agencies and employers,
agencies and employers, both public
both public and private;
and private;
(d) Provide a periodic study and
(d) Proved a periodic study and
assessment of job opportunities for
assessment of job opportunities for
returning Filipino migrant workers.
returning Filipino migrant workers;
(e) Develop and implement other
appropriate programs to promote the
welfare of returning Filipino migrant
workers;
Section 38
Separability SEC. 42. SEPARABILITY CLAUSE. - Section 27. Separability Clause. - If, for
Clause If, for any reason, any section or any reason, may portion of this Act is
provision of this Act is held declared unconstitutional or invalid, the
unconstitutional or invalid, the other same shall not affect the validity of the
sections or provisions hereof shall not other provisions not affected thereby
be affected thereby.
Repealing Clause SEC. 41. REPEALING CLAUSE. - All Section 28. Repealing Clause. - All
laws, decrees, executive orders, rules laws, decrees, executive orders,
and regulations, or parts thereof issuances, rules and regulations or
inconsistent with the provisions of this parts thereof inconsistent with the
Act are hereby repealed or modified provisions of this Act are hereby
accordingly. repealed or modified accordingly.
Effectivity SEC. 43. EFFECTIVITY CLAUSE. - Section 29. Effectivity. - This Act shall
Clause This Act shall take effect after fifteen take effect fifteen (15) days after its
(15) days from its publication in the publication in at least two (2)
Official Gazette or in at least two (2) newspapers of general circulation
national newspapers of general
circulation whichever comes earlier