International Convention on the Protection of the Rights of All Migrant Workers and Members and Agriculture Organization of the
of the United Nations, the United Nations Educational, Scientific
of Their Families
Adopted by General Assembly resolution 45/158 of 18 December 1990
Preamble
The States Parties to the present Convention,
Taking into account the principles embodied in the basic instruments of the United Nations
concerning human rights, in particular the Universal Declaration of Human Rights, the
International Covenant on Economic, Social and Cultural Rights, the International Covenant
on Civil and Political Rights, the International Convention on the Elimination of All Forms of
Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against
Women and the Convention on the Rights of the Child,
Taking into account also the principles and standards set forth in the relevant instruments
elaborated within the framework of the International Labour Organisation, especially the
Convention concerning Migration for Employment (No. 97), the Convention concerning
Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment
of Migrant Workers (No.143), the Recommendation concerning Migration for Employment (No.
86), the Recommendation concerning Migrant Workers (No.151), the Convention concerning
Forced or Compulsory Labour (No. 29) and the Convention concerning Abolition of Forced
Labour (No. 105), Reaffirming the importance of the principles contained in the Convention
against Discrimination in Education of the United Nations Educational, Scientific and Cultural
Organization,
Recalling the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, the Declaration of the Fourth United Nations Congress on the Prevention of
Crime and the Treatment of Offenders, the Code of Conduct for Law Enforcement Officials,
and the Slavery Conventions,
Recalling that one of the objectives of the International Labour Organisation, as stated in its
Constitution, is the protection of the interests of workers when employed in countries other
than their own, and bearing in mind the expertise and experience of that organization in
matters related to migrant workers and members of their families,
Recognizing the importance of the work done in connection with migrant workers and
members of their families in various organs of the United Nations, in particular in the
Commission on Human Rights and the Commission for Social Development, and in the Food
and Cultural Organization and the World Health Organization, as well as in other international
organizations,
Recognizing also the progress made by certain States on a regional or bilateral basis towards
the protection of the rights of migrant workers and members of their families, as well as the
importance and usefulness of bilateral and multilateral agreements in this field,
Realizing the importance and extent of the migration phenomenon, which involves millions of
people and affects a large number of States in the international community,
Aware of the impact of the flows of migrant workers on States and people concerned, and
desiring to establish norms which may contribute to the harmonization of the attitudes of
States through the acceptance of basic principles concerning the treatment of migrant workers
and members of their families,
Considering the situation of vulnerability in which migrant workers and members of their
families frequently-find themselves owing, among other things, to their absence from their
State of origin and to the difficulties they may encounter arising from their presence in the
State of employment,
Convinced that the rights of migrant workers and members of their families have not been
sufficiently recognized everywhere and therefore require appropriate international protection,
Taking into account the fact that migration is often the cause of serious problems for the
members of the families of migrant workers as well as for the workers themselves, in
particular because of the scattering of the family,
Bearing in mind that the human problems involved in migration are even more serious in the
case of irregular migration and convinced therefore that appropriate action should be
encouraged in order to prevent and eliminate clandestine movements and trafficking in
migrant workers, while at the same time assuring the protection of their fundamental human
rights,
Considering that workers who are non-documented or in an irregular situation are frequently
employed under less favourable conditions of work than other workers and that certain
employers find this an inducement to seek such labour in order to reap the benefits of unfair
competition,
Considering also that recourse to the employment of migrant workers who are in an irregular
situation will be discouraged if the fundamental human rights of all migrant workers are more
widely recognized and, moreover, that granting certain additional rights to migrant workers
and members of their families in a regular situation will encourage all migrants and employers
to respect and comply with the laws and procedures established by the States concerned,
Convinced, therefore, of the need to bring about the international protection of the rights of all
migrant workers and members of their families, reaffirming and establishing basic norms in a
comprehensive convention which could be applied universally,
Have agreed as follows:
PART I: Scope and Definitions
Article 1
1. The present Convention is applicable, except as otherwise provided hereafter, to all migrant
workers and members of their families without distinction of any kind such as sex, race,
colour, language, religion or conviction, political or other opinion, national, ethnic or social
origin, nationality, age, economic position, property, marital status, birth or other status.
2. The present Convention shall apply during the entire migration process of migrant workers
and members of their families, which comprises preparation for migration, departure, transit
and the entire period of stay and remunerated activity in the State of employment as well as
return to the State of origin or the State of habitual residence.
Article 2
For the purposes of the present Convention:
1. The term "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 national.
2.
(a) The term "frontier worker" refers to a migrant worker who retains his or her habitual
residence in a neighbouring State to which he or she normally returns every day or at least
once a week;
(b) The term "seasonal worker" refers to a migrant worker whose work by its character is
dependent on seasonal conditions and is performed only during part of the year;
(c) The term "seafarer", which includes a fisherman, refers to a migrant worker employed on
board a vessel registered in a State of which he or she is not a national;
(d) The term "worker on an offshore installation" refers to a migrant worker employed on an
offshore installation that is under the jurisdiction of a State of which he or she is not a national;
(e) The term "itinerant worker'' refers to a migrant worker who, having his or her habitual
residence in one State, has to travel to another State or States for short periods, owing to the
nature of his or her occupation;
(f) The term "project-tied worker" refers to a migrant worker admitted to a State of employment
for a defined period to work solely on a specific project being carried out in that State by his or
her employer;
(g) The term "specified-employment worker" refers to a migrant worker:
(i) Who has been sent by his or her employer for a restricted and defined period of time to a
State of employment to undertake a specific assignment or duty; or
(ii) Who engages for a restricted and defined period of time in work that requires professional,
commercial, technical or other highly specialized skill; or
(iii) Who, upon the request of his or her employer in the State of employment, engages for a
restricted and defined period of time in work whose nature is transitory or brief; and who is
required to depart from the State of employment either at the expiration of his or her
authorized period of stay, or earlier if he or she no longer undertakes that specific assignment
or duty or engages in that work;
(h) The term "self-employed worker" refers to a migrant worker who is engaged in a
remunerated activity otherwise than under acontract of employment and who earns his or her
living through this activity normally working alone or together with members of his or her
family, and to any other migrant worker recognized as self-employed by applicable legislation
of the State of employment or bilateral or multilateral agreements.
Article 3
The present Convention shall not apply to:
(a) Persons sent or employed by international organizations and agencies or persons sent or
employed by a State outside its territory to perform official functions, whose admission and
status are regulated by general international law or by specific international agreements or
conventions;
(b) Persons sent or employed by a State or on its behalf outside its territory who participate in
development programmes and other co-operation programmes, whose admission and status
are regulated by agreement with the State of employment and who, in accordance with that
agreement, are not considered migrant workers;
(c) Persons taking up residence in a State different from their State of origin as investors;
(d) Refugees and stateless persons, unless such application is provided for in the relevant
national legislation of, or international instruments in force for, the State Party concerned;
(e) Students and trainees;
(f) Seafarers and workers on an offshore installation who have not been admitted to take up
residence and engage in a remunerated activity in the State of employment.
Article 4
For the purposes of the present Convention the term ''members of the family" refers to
persons married to migrant workers or having with them a relationship that, according to
applicable law, produces effects equivalent to marriage, as well as their dependent children
and other dependent persons who are recognized as members of the family by applicable
legislation or applicable bilateral or multilateral agreements between the States concerned.
Article 5
For the purposes of the present Convention, migrant workers and members of their families:
(a) Are considered as documented or in a regular situation if they are authorized to enter, to
stay and to engage in a remunerated activity in the State of employment pursuant to the law of
that State and to international agreements to which that State is a party;
(b) Are considered as non-documented or in an irregular situation if they do not comply with
the conditions provided for in subparagraph (a) of the present article.
Article 6
For the purposes of the present Convention:
(a) The term "State of origin" means the State of which the person concerned is a national;
(b) The term "State of employment" means a State where the migrant worker is to be
engaged, is engaged or has been engaged in a remunerated activity, as the case may be;
(c) The term "State of transit,' means any State through which the person concerned passes
on any journey to the State of employment or from the State of employment to the State of
origin or the State of habitual residence.
PART II: Non-discrimination with Respect to Rights
Article 7
States Parties undertake, in accordance with the international instruments concerning human
rights, to respect and to ensure to all migrant workers and members of their families within
their territory or subject to their jurisdiction the rights provided for in the present Convention
without distinction of any kind such as to sex, race, colour, language, religion or conviction,
political or other opinion, national, ethnic or social origin, nationality, age, economic position,
property, marital status, birth or other status.
PART III: Human Rights of All Migrant Workers and Members of their Families
Article 8
1. Migrant workers and members of their families shall be free to leave any State, including
their State of origin. This right shall not be subject to any restrictions except those that are
provided by law, are necessary to protect national security, public order (ordre public), public
health or morals or the rights and freedoms of others and are consistent with the other rights
recognized in the present part of the Convention.
2. Migrant workers and members of their families shall have the right at any time to enter and
remain in their State of origin.
Article 9
The right to life of migrant workers and members of their families shall be protected by law.
Article 10
No migrant worker or member of his or her family shall be subjected to torture or to cruel,
inhuman or degrading treatment or punishment.
Article 11
1. No migrant worker or member of his or her family shall be held in slavery or servitude.
2. No migrant worker or member of his or her family shall be required to perform forced or
compulsory labour.
3. Paragraph 2 of the present article shall not be held to preclude, in States where
imprisonment with hard labour may be imposed as a punishment for a crime, the performance
of hard labour in pursuance of a sentence to such punishment by a competent court.
4. For the purpose of the present article the term "forced or compulsory labour" shall not
include:
(a) Any work or service not referred to in paragraph 3 of the present article normally required
of a person who is under detention in consequence of a lawful order of a court or of a person
during conditional release from such detention;
(b) Any service exacted in cases of emergency or calamity threatening the life or well-being of
the community;
(c) Any work or service that forms part of normal civil obligations so far as it is imposed also
on citizens of the State concerned.
Article 12
1. Migrant workers and members of their families shall have the right to freedom of thought,
conscience and religion. This right shall include freedom to have or to adopt a religion or belief
of their choice and freedom either individually or in community with others and in public or
private to manifest their religion or belief in worship, observance, practice and teaching.
2. Migrant workers and members of their families shall not be subject to coercion that would
impair their freedom to have or to adopt a religion or belief of their choice.
3. Freedom to manifest one's religion or belief may be subject only to such limitations as are
prescribed by law and are necessary to protect public safety, order, health or morals or the
fundamental rights and freedoms of others.
4. States Parties to the present Convention undertake to have respect for the liberty of
parents, at least one of whom is a migrant worker, and, when applicable, legal guardians to
ensure the religious and moral education of their children in conformity with their own
convictions.
Article 13
1. Migrant workers and members of their families shall have the right to hold opinions without
interference.
2. Migrant workers and members of their families shall have the right to freedom of
expression; this right shall include freedom to seek, receive and impart information and ideas
of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art or
through any other media of their choice.
3. The exercise of the right provided for in paragraph 2 of the present article carries with it
special duties and responsibilities. It may therefore be subject to certain restrictions, but these
shall only be such as are provided by law and are necessary:
(a) For respect of the rights or reputation of others;
(b) For the protection of the national security of the States concerned or of public order (ordre
public) or of public health or morals;
(c) For the purpose of preventing any propaganda for war;
(d) For the purpose of preventing any advocacy of national, racial or religious hatred that
constitutes incitement to discrimination, hostility or violence.
Article 14
No migrant worker or member of his or her family shall be subjected to arbitrary or unlawful
interference with his or her privacy, family, , correspondence or other communications, or to
unlawful attacks on his or her honour and reputation. Each migrant worker and member of his
or her family shall have the right to the protection of the law against such interference or
attacks.
Article 15
No migrant worker or member of his or her family shall be arbitrarily deprived of property,
whether owned individually or in association with others. Where, under the legislation in force
in the State of employment, the assets of a migrant worker or a member of his or her family
are expropriated in whole or in part, the person concerned shall have the right to fair and
adequate compensation.
Article 16
1. Migrant workers and members of their families shall have the right to liberty and security of
person.
2. Migrant workers and members of their families shall be entitled to effective protection by the
State against violence, physical injury, threats and intimidation, whether by public officials or
by private individuals, groups or institutions.
3. Any verification by law enforcement officials of the identity of migrant workers or members
of their families shall be carried out in accordance with procedure established by law.
4. Migrant workers and members of their families shall not be subjected individually or
collectively to arbitrary arrest or detention; they shall not be deprived of their liberty except on
such grounds and in accordance with such procedures as are established by law.
5. Migrant workers and members of their families who are arrested shall be informed at the
time of arrest as far as possible in a language they understand of the reasons for their arrest
and they shall be promptly informed in a language they understand of any charges against
them.
6. Migrant workers and members of their families who are arrested or detained on a criminal
charge shall be brought promptly before a judge or other officer authorized by law to exercise
judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be
the general rule that while awaiting trial they shall be detained in custody, but release may be
subject to guarantees to appear for trial, at any other stage of the judicial proceedings and,
should the occasion arise, for the execution of the judgement.
7. When a migrant worker or a member of his or her family is arrested or committed to prison
or custody pending trial or is detained in any other manner:
(a) The consular or diplomatic authorities of his or her State of origin or of a State representing
the interests of that State shall, if he or she so requests, be informed without delay of his or
her arrest or detention and of the reasons therefor;
(b) The person concerned shall have the right to communicate with the said authorities. Any
communication by the person concerned to the said authorities shall be forwarded without
delay, and he or she shall also have the right to receive communications sent by the said
authorities without delay;
(c) The person concerned shall be informed without delay of this right and of rights deriving
from relevant treaties, if any, applicable between the States concerned, to correspond and to
meet with representatives of the said authorities and to make arrangements with them for his
or her legal representation.
8. Migrant workers and members of their families who are deprived of their liberty by arrest or
detention shall be entitled to take proceedings before a court, in order that that court may
decide without delay on the lawfulness of their detention and order their release if the
detention is not lawful. When they attend such proceedings, they shall have the assistance, if
necessary without cost to them, of an interpreter, if they cannot understand or speak the
language used.
9. Migrant workers and members of their families who have been victims of unlawful arrest or
detention shall have an enforceable right to compensation.
Article 17
1. Migrant workers and members of their families who are deprived of their liberty shall be
treated with humanity and with respect for the inherent dignity of the human person and for
their cultural identity.
2. Accused migrant workers and members of their families shall, save in exceptional
circumstances, be separated from convicted persons and shall be subject to separate
treatment appropriate to their status as unconvicted persons. Accused juvenile persons shall
be separated from adults and brought as speedily as possible for adjudication.
3. Any migrant worker or member of his or her family who is detained in a State of transit or in
a State of employment for violation of provisions relating to migration shall be held, in so far as
practicable, separately from convicted persons or persons detained pending trial.
4. During any period of imprisonment in pursuance of a sentence imposed by a court of law,
the essential aim of the treatment of a migrant worker or a member of his or her family shall
be his or her reformation and social rehabilitation. Juvenile offenders shall be separated from
adults and be accorded treatment appropriate to their age and legal status.
5. During detention or imprisonment, migrant workers and members of their families shall
enjoy the same rights as nationals to visits by members of their families.
6. Whenever a migrant worker is deprived of his or her liberty, the competent authorities of the
State concerned shall pay attention to the problems that may be posed for members of his or
her family, in particular for spouses and minor children.
7. Migrant workers and members of their families who are subjected to any form of detention
or imprisonment in accordance with the law in force in the State of employment or in the State
of transit shall enjoy the same rights as nationals of those States who are in the same
situation.
8. If a migrant worker or a member of his or her family is detained for the purpose of verifying
any infraction of provisions related to migration, he or she shall not bear any costs arising
therefrom.
Article 18
1. Migrant workers and members of their families shall have the right to equality with nationals
of the State concerned before the courts and tribunals. In the determination of any criminal
charge against them or of their rights and obligations in a suit of law, they shall be entitled to a
fair and public hearing by a competent, independent and impartial tribunal established by law.
2. Migrant workers and members of their families who are charged with a criminal offence
shall have the right to be presumed innocent until proven guilty according to law.
3. In the determination of any criminal charge against them, migrant workers and members of
their families shall be entitled to the following minimum guarantees:
(a) To be informed promptly and in detail in a language they understand of the nature and
cause of the charge against them;
(b) To have adequate time and facilities for the preparation of their defence and to
communicate with counsel of their own choosing;
(c) To be tried without undue delay;
(d) To be tried in their presence and to defend themselves in person or through legal
assistance of their own choosing; to be informed, if they do not have legal assistance, of this
right; and to have legal assistance assigned to them, in any case where the interests of justice
so require and without payment by them in any such case if they do not have sufficient means
to pay;
(e) To examine or have examined the witnesses against them and to obtain the attendance
and examination of witnesses on their behalf under the same conditions as witnesses against
them;
(f) To have the free assistance of an interpreter if they cannot understand or speak the
language used in court;
(g) Not to be compelled to testify against themselves or to confess guilt.
4. In the case of juvenile persons, the procedure shall be such as will take account of their age
and the desirability of promoting their rehabilitation.
5. Migrant workers and members of their families convicted of a crime shall have the right to
their conviction and sentence being reviewed by a higher tribunal according to law.
6. When a migrant worker or a member of his or her family has, by a final decision, been
convicted of a criminal offence and when subsequently his or her conviction has been
reversed or he or she has been pardoned on the ground that a new or newly discovered fact
shows conclusively that there has been a miscarriage of justice, the person who has suffered
punishment as a result of such conviction shall be compensated according to law, unless it is
proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to
that person.
7. No migrant worker or member of his or her family shall be liable to be tried or punished
again for an offence for which he or she has already been finally convicted or acquitted in
accordance with the law and penal procedure of the State concerned.
Article 19
1. No migrant worker or member of his or her family shall be held guilty of any criminal offence
on account of any act or omission that did not constitute a criminal offence under national or
international law at the time when the criminal offence was committed, nor shall a heavier
penalty be imposed than the one that was applicable at the time when it was committed. If,
subsequent to the commission of the offence, provision is made by law for the imposition of a
lighter penalty, he or she shall benefit thereby.
2. Humanitarian considerations related to the status of a migrant worker, in particular with
respect to his or her right of residence or work, should be taken into account in imposing a
sentence for a criminal offence committed by a migrant worker or a member of his or her
family.
Article 20
1. No migrant worker or member of his or her family shall be imprisoned merely on the ground
of failure to fulfil a contractual obligation.
2. No migrant worker or member of his or her family shall be deprived of his or her
authorization of residence or work permit or expelled merely on the ground of failure to fulfil an
obligation arising out of a work contract unless fulfilment of that obligation constitutes a
condition for such authorization or permit.
Article 21
It shall be unlawful for anyone, other than a public official duly authorized by law, to confiscate,
destroy or attempt to destroy identity documents, documents authorizing entry to or stay,
residence or establishment in the national territory or work permits. No authorized confiscation
of such documents shall take place without delivery of a detailed receipt. In no case shall it be
permitted to destroy the passport or equivalent document of a migrant worker or a member of
his or her family.
Article 22
1. Migrant workers and members of their families shall not be subject to measures of
collective expulsion. Each case of expulsion shall be examined and decided individually.
2. Migrant workers and members of their families may be expelled from the territory of a State
Party only in pursuance of a decision taken by the competent authority in accordance with law.
3. The decision shall be communicated to them in a language they understand. Upon their
request where not otherwise mandatory, the decision shall be communicated to them in
writing and, save in exceptional circumstances on account of national security, the reasons for
the decision likewise stated. The persons concerned shall be informed of these rights before
or at the latest at the time the decision is rendered.
4. Except where a final decision is pronounced by a judicial authority, the person concerned
shall have the right to submit the reason he or she should not be expelled and to have his or
her case reviewed by the competent authority, unless compelling reasons of national security
require otherwise. Pending such review, the person concerned shall have the right to seek a
stay of the decision of expulsion.
5. If a decision of expulsion that has already been executed is subsequently annulled, the
person concerned shall have the right to seek compensation according to law and the earlier
decision shall not be used to prevent him or her from re-entering the State concerned.
6. In case of expulsion, the person concerned shall have a reasonable opportunity before or
after departure to settle any claims for wages and other entitlements due to him or her and
any pending liabilities.
7. Without prejudice to the execution of a decision of expulsion, a migrant worker or a member
of his or her family who is subject to such a decision may seek entry into a State other than
his or her State of origin.
8. In case of expulsion of a migrant worker or a member of his or her family the costs of
expulsion shall not be borne by him or her. The person concerned may be required to pay his
or her own travel costs.
9. Expulsion from the State of employment shall not in itself prejudice any rights of a migrant
worker or a member of his or her family acquired in accordance with the law of that State,
including the right to receive wages and other entitlements due to him or her.
Article 23
Migrant workers and members of their families shall have the right to have recourse to the
protection and assistance of the consular or diplomatic authorities of their State of origin or of
a State representing the interests of that State whenever the rights recognized in the present
Convention are impaired. In particular, in case of expulsion, the person concerned shall be
informed of this right without delay and the authorities of the expelling State shall facilitate the
exercise of such right.
Article 24
Every migrant worker and every member of his or her family shall have the right to recognition
everywhere as a person before the law.
Article 25
1. Migrant workers shall enjoy treatment not less favourable than that which applies to
nationals of the State of employment in respect of remuneration and:
(a) Other conditions of work, that is to say, overtime, hours of work, weekly rest, holidays with
pay, safety, health, termination of the employment relationship and any other conditions of
work which, according to national law and practice, are covered by these terms;
(b) Other terms of employment, that is to say, minimum age of employment, restriction on
work and any other matters which, according to national law and practice, are considered a
term of employment.
2. It shall not be lawful to derogate in private contracts of employment from the principle of
equality of treatment referred to in paragraph 1 of the present article.
3. States Parties shall take all appropriate measures to ensure that migrant workers are not
deprived of any rights derived from this principle by reason of any irregularity in their stay or
employment. In particular, employers shall not be relieved of any legal or contractual
obligations, nor shall their obligations be limited in any manner by reason of such irregularity.
Article 26
1. States Parties recognize the right of migrant workers and members of their families:
(a) To take part in meetings and activities of trade unions and of any other associations
established in accordance with law, with a view to protecting their economic, social, cultural
and other interests, subject only to the rules of the organization concerned;
(b) To join freely any trade union and any such association as aforesaid, subject only to the
rules of the organization concerned;
(c) To seek the aid and assistance of any trade union and of any such association as
aforesaid.
2. No restrictions may be placed on the exercise of these rights other than those that are
prescribed by law and which are necessary in a democratic society in the interests of national
security, public order (ordre public) or the protection of the rights and freedoms of others.
Article 27
1. With respect to social security, migrant workers and members of their families shall enjoy in
the State of employment the same treatment granted to nationals in so far as they fulfil the
requirements provided for by the applicable legislation of that State and the applicable
bilateral and multilateral treaties. The competent authorities of the State of origin and the State
of employment can at any time establish the necessary arrangements to determine the
modalities of application of this norm.
2. Where the applicable legislation does not allow migrant workers and members of their
families a benefit, the States concerned shall examine the possibility of reimbursing interested
persons the amount of contributions made by them with respect to that benefit on the basis of
the treatment granted to nationals who are in similar circumstances.
Article 28
Migrant workers and members of their families shall have the right to receive any medical care
that is urgently required for the preservation of their life or the avoidance of irreparable harm
to their health on the basis of equality of treatment with nationals of the State concerned. Such
emergency medical care shall not be refused them by reason of any irregularity with regard to
stay or employment.
Article 29
Each child of a migrant worker shall have the right to a name, to registration of birth and to a
nationality.
Article 30
Each child of a migrant worker shall have the basic right of access to education on the basis
of equality of treatment with nationals of the State concerned. Access to public pre-school
educational institutions or schools shall not be refused or limited by reason of the irregular
situation with respect to stay or employment of either parent or by reason of the irregularity of
the child's stay in the State of employment.
Article 31
1. States Parties shall ensure respect for the cultural identity of migrant workers and members
of their families and shall not prevent them from maintaining their cultural links with their State
of origin. 2. States Parties may take appropriate measures to assist and encourage efforts in
this respect.
Article 32
Upon the termination of their stay in the State of employment, migrant workers and members
of their families shall have the right to transfer their earnings and savings and, in accordance
with the applicable legislation of the States concerned, their personal effects and belongings.
Article 33
1. Migrant workers and members of their families shall have the right to be informed by the
State of origin, the State of employment or the State of transit as the case may be concerning:
(a) Their rights arising out of the present Convention;
(b) The conditions of their admission, their rights and obligations under the law and practice of
the State concerned and such other matters as will enable them to comply with administrative
or other formalities in that State. 2. States Parties shall take all measures they deem
appropriate to disseminate the said information or to ensure that it is provided by employers,
trade unions or other appropriate bodies or institutions. As appropriate, they shall co-operate
with other States concerned.
3. Such adequate information shall be provided upon request to migrant workers and
members of their families, free of charge, and, as far as possible, in a language they are able
to understand.
Article 34
Nothing in the present part of the Convention shall have the effect of relieving migrant workers
and the members of their families from either the obligation to comply with the laws and
regulations of any State of transit and the State of employment or the obligation to respect the
cultural identity of the inhabitants of such States.
Article 35
Nothing in the present part of the Convention shall be interpreted as implying the
regularization of the situation of migrant workers or members of their families who are non-
documented or in an irregular situation or any right to such regularization of their situation, nor
shall it prejudice the measures intended to ensure sound and equitable-conditions for
international migration as provided in part VI of the present Convention.
PART IV: Other Rights of Migrant Workers and Members of their Families who are
Documented or ina Regular Situation
Article 36
Migrant workers and members of their families who are documented or in a regular situation in
the State of employment shall enjoy the rights set forth in the present part of the Convention in
addition to those set forth in part III.
Article 37
Before their departure, or at the latest at the time of their admission to the State of
employment, migrant workers and members of their families shall have the right to be fully
informed by the State of origin or the State of employment, as appropriate, of all conditions
applicable to their admission and particularly those concerning their stay and the remunerated
activities in which they may engage as well as of the requirements they must satisfy in the
State of employment and the authority to which they must address themselves for any
modification of those conditions.
Article 38
1. States of employment shall make every effort to authorize migrant workers and members of
the families to be temporarily absent without effect upon their authorization to stay or to work,
as the case may be. In doing so, States of employment shall take into account the special
needs and obligations of migrant workers and members of their families, in particular in their
States of origin.
2. Migrant workers and members of their families shall have the right to be fully informed of
the terms on which such temporary absences are authorized.
Article 39
1. Migrant workers and members of their families shall have the right to liberty of movement in
the territory of the State of employment and freedom to choose their residence there.
2. The rights mentioned in paragraph 1 of the present article shall not be subject to any
restrictions except those that are provided by law, are necessary to protect national security,
public order (ordre public), public health or morals, or the rights and freedoms of others and
are consistent with the other rights recognized in the present Convention.
Article 40
1. Migrant workers and members of their families shall have the right to form associations and
trade unions in the State of employment for the promotion and protection of their economic,
social, cultural and other interests.
2. No restrictions may be placed on the exercise of this right other than those that are
prescribed by law and are necessary in a democratic society in the interests of national
security, public order (ordre public) or the protection of the rights and freedoms of others.
Article 41
1. Migrant workers and members of their families shall have the right to participate in public
affairs of their State of origin and to vote and to be elected at elections of that State, in
accordance with its legislation.
2. The States concerned shall, as appropriate and in accordance with their legislation,
facilitate the exercise of these rights.
Article 42
1. States Parties shall consider the establishment of procedures or institutions through which
account may be taken, both in States of origin and in States of employment, of special needs,
aspirations and obligations of migrant workers and members of their families and shall
envisage, as appropriate, the possibility for migrant workers and members of their families to
have their freely chosen representatives in those institutions.
2. States of employment shall facilitate, in accordance with their national legislation, the
consultation or participation of migrant workers and members of their families in decisions
concerning the life and administration of local communities.
3. Migrant workers may enjoy political rights in the State of employment if that State, in the
exercise of its sovereignty, grants them such rights.
Article 43
1. Migrant workers shall enjoy equality of treatment with nationals of the State of employment
in relation to:
(a) Access to educational institutions and services subject to the admission requirements and
other regulations of the institutions and services concerned;
(b) Access to vocational guidance and placement services;
(c) Access to vocational training and retraining facilities and institutions;
(d) Access to housing, including social housing schemes, and protection against exploitation
in respect of rents;
(e) Access to social and health services, provided that the requirements for participation in the
respective schemes are met;
(f) Access to co-operatives and self-managed enterprises, which shall not imply a change of
their migration status and shall be subject to the rules and regulations of the bodies
concerned;
(g) Access to and participation in cultural life.
2. States Parties shall promote conditions to ensure effective equality of treatment to enable
migrant workers to enjoy the rights mentioned in paragraph 1 of the present article whenever
the terms of their stay, as authorized by the State of employment, meet the appropriate
requirements.
3. States of employment shall not prevent an employer of migrant workers from establishing
housing or social or cultural facilities for them. Subject to article 70 of the present Convention,
a State of employment may make the establishment of such facilities subject to the
requirements generally applied in that State concerning their installation.
Article 44
1. States Parties, recognizing that the family is the natural and fundamental group unit of
society and is entitled to protection by society and the State, shall take appropriate measures
to ensure the protection of the unity of the families of migrant workers.
2. States Parties shall take measures that they deem appropriate and that fall within their
competence to facilitate the reunification of migrant workers with their spouses or persons
who have with the migrant worker a relationship that, according to applicable law, produces
effects equivalent to marriage, as well as with their minor dependent unmarried children.
3. States of employment, on humanitarian grounds, shall favourably consider granting equal
treatment, as set forth in paragraph 2 of the present article, to other family members of
migrant workers.
Article 45
1. Members of the families of migrant workers shall, in the State of employment, enjoy equality
of treatment with nationals of that State in relation to:
(a) Access to educational institutions and services, subject to the admission requirements and
other regulations of the institutions and services concerned;
(b) Access to vocational guidance and training institutions and services, provided that
requirements for participation are met;
(c) Access to social and health services, provided that requirements for participation in the
respective schemes are met;
(d) Access to and participation in cultural life.
2. States of employment shall pursue a policy, where appropriate in collaboration with the
States of origin, aimed at facilitating the integration of children of migrant workers in the local
school system, particularly in respect of teaching them the local language.
3. States of employment shall endeavour to facilitate for the children of migrant workers the
teaching of their mother tongue and culture and, in this regard, States of origin shall
collaborate whenever appropriate.
4. States of employment may provide special schemes of education in the mother tongue of
children of migrant workers, if necessary in collaboration with the States of origin.
Article 46
Migrant workers and members of their families shall, subject to the applicable legislation of the
States concerned, as well as relevant international agreements and the obligations of the
States concerned arising out of their participation in customs unions, enjoy exemption from
import and export duties and taxes in respect of their personal and household effects as well
as the equipment necessary to engage in the remunerated activity for which they were
admitted to the State of employment:
(a) Upon departure from the State of origin or State of habitual residence;
(b) Upon initial admission to the State of employment;
(c) Upon final departure from the State of employment;
(d) Upon final return to the State of origin or State of habitual residence.
Article 47
1. Migrant workers shall have the right to transfer their earnings and savings, in particular
those funds necessary for the support of their families, from the State of employment to their
State of origin or any other State. Such transfers shall be made in conformity with procedures
established by applicable legislation of the State concerned and in conformity with applicable
international agreements.
2. States concerned shall take appropriate measures to facilitate such transfers.
Article 48
1. Without prejudice to applicable double taxation agreements, migrant workers and members
of their families shall, in the matter of earnings in the State of employment:
(a) Not be liable to taxes, duties or charges of any description higher or more onerous than
those imposed on nationals in similar circumstances;
(b) Be entitled to deductions or exemptions from taxes of any description and to any tax
allowances applicable to nationals in similar circumstances, including tax allowances for
dependent members of their families. 2. States Parties shall endeavour to adopt appropriate
measures to avoid double taxation of the earnings and savings of migrant workers and
members of their families.
Article 49
1. Where separate authorizations to reside and to engage in employment are required by
national legislation, the States of employment shall issue to migrant workers authorization of
residence for at least the same period of time as their authorization to engage in remunerated
activity.
2. Migrant workers who in the State of employment are allowed freely to choose their
remunerated activity shall neither be regarded as in an irregular situation nor shall they lose
their authorization of residence by the mere fact of the termination of their remunerated
activity prior to the expiration of their work permits or similar authorizations.
3. In order to allow migrant workers referred to in paragraph 2 of the present article sufficient
time to find alternative remunerated activities, the authorization of residence shall not be
withdrawn at least for a period corresponding to that during which they may be entitled to
unemployment benefits.
Article 50
1. In the case of death of a migrant worker or dissolution of marriage, the State of employment
shall favourably consider granting family members of that migrant worker residing in that State
on the basis of family reunion an authorization to stay; the State of employment shall take into
account the length of time they have already resided in that State.
2. Members of the family to whom such authorization is not granted shall be allowed before
departure a reasonable period of time in order to enable them to settle their affairs in the State
of employment.
3. The provisions of paragraphs I and 2 of the present article may not be interpreted as
adversely affecting any right to stay and work otherwise granted to such family members by
the legislation of the State of employment or by bilateral and multilateral treaties applicable to
that State.
Article 51
Migrant workers who in the State of employment are not permitted freely to choose their
remunerated activity shall neither be regarded as in an irregular situation nor shall they lose
their authorization of residence by the mere fact of the termination of their remunerated
activity prior to the expiration of their work permit, except where the authorization of residence
is expressly dependent upon the specific remunerated activity for which they were admitted.
Such migrant workers shall have the right to seek alternative employment, participation in
public work schemes and retraining during the remaining period of their authorization to work,
subject to such conditions and limitations as are specified in the authorization to work.
Article 52
1. Migrant workers in the State of employment shall have the right freely to choose their
remunerated activity, subject to the following restrictions or conditions.
2. For any migrant worker a State of employment may:
(a) Restrict access to limited categories of employment, functions, services or activities where
this is necessary in the interests of this State and provided for by national legislation;
(b) Restrict free choice of remunerated activity in accordance with its legislation concerning
recognition of occupational qualifications acquired outside its territory. However, States Parties
concerned shall endeavour to provide for recognition of such qualifications.
3. For migrant workers whose permission to work is limited in time, a State of employment
may also:
(a) Make the right freely to choose their remunerated activities subject to the condition that the
migrant worker has resided lawfully in its territory for the purpose of remunerated activity for a
period of time prescribed in its national legislation that should not exceed two years;
(b) Limit access by a migrant worker to remunerated activities in pursuance of a policy of
granting priority to its nationals or to persons who are assimilated to them for these purposes
by virtue of legislation or bilateral or multilateral agreements. Any such limitation shall cease to
apply to a migrant worker who has resided lawfully in its territory for the purpose of
remunerated activity for a period of time prescribed in its national legislation that should not
exceed five years.
4. States of employment shall prescribe the conditions under which a migrant worker who has
been admitted to take up employment may be authorized to engage in work on his or her own
account. Account shall be taken of the period during which the worker has already been
lawfully in the State of employment.
Article 53
1. Members of a migrant worker's family who have themselves an authorization of residence
or admission that is without limit of time or is automatically renewable shall be permitted freely
to choose their remunerated activity under the same conditions as are applicable to the said
migrant worker in accordance with article 52 of the present Convention.
2. With respect to members of a migrant worker's family who are not permitted freely to
choose their remunerated activity, States Parties shall consider favourably granting them
priority in obtaining permission to engage in a remunerated activity over other workers who
seek admission to the State of employment, subject to applicable bilateral and multilateral
agreements.
Article 54
1. Without prejudice to the terms of their authorization of residence or their permission to work
and the rights provided for in articles 25 and 27 of the present Convention, migrant workers
shall enjoy equality of treatment with nationals of the State of employment in respect of:
(a) Protection against dismissal;
(b) Unemployment benefits;
(c) Access to public work schemes intended to combat unemployment;
(d) Access to alternative employment in the event of loss of work or termination of other
remunerated activity, subject to article 52 of the present Convention.
2. If a migrant worker claims that the terms of his or her work contract have been violated by
his or her employer, he or she shall have the right to address his or her case to the competent
authorities of the State of employment, on terms provided for in article 18, paragraph 1, of the
present Convention.
Article 55
Migrant workers who have been granted permission to engage in a remunerated activity,
subject to the conditions attached to such permission, shall be entitled to equality of treatment
with nationals of the State of employment in the exercise of that remunerated activity.
Article 56
1. Migrant workers and members of their families referred to in the present part of the
Convention may not be expelled from a State of employment, except for reasons defined in
the national legislation of that State, and subject to the safeguards established in part III.
2. Expulsion shall not be resorted to for the purpose of depriving a migrant worker or a
member of his or her family of the rights arising out of the authorization of residence and the
work permit.
3. In considering whether to expel a migrant worker or a member of his or her family, account
should be taken of humanitarian considerations and of the length of time that the person
concerned has already resided in the State of employment.
PART V: Provisions Applicable to Particular Categories of Migrant Workers and
Members of their Families
Article 57
The particular categories of migrant workers and members of their families specified in the
present part of the Convention who are documented or in a regular situation shall enjoy the
rights set forth in part m and, except as modified below, the rights set forth in part IV.
Article 58
1. Frontier workers, as defined in article 2, paragraph 2 (a), of the present Convention, shall
be entitled to the rights provided for in part IV that can be applied to them by reason of their
presence and work in the territory of the State of employment, taking into account that they do
not have their habitual residence in that State.
2. States of employment shall consider favourably granting frontier workers the right freely to
choose their remunerated activity after a specified period of time. The granting of that right
shall not affect their status as frontier workers.
Article 59
1. Seasonal workers, as defined in article 2, paragraph 2 (b), of the present Convention, shall
be entitled to the rights provided for in part IV that can be applied to them by reason of their
presence and work in the territory of the State of employment and that are compatible with
their status in that State as seasonal workers, taking into account the fact that they are
present in that State for only part of the year.
2. The State of employment shall, subject to paragraph 1 of the present article, consider
granting seasonal workers who have been employed in its territory for a significant period of
time the possibility of taking up other remunerated activities and giving them priority over other
workers who seek admission to that State, subject to applicable bilateral and multilateral
agreements.
Article 60
Itinerant workers, as defined in article 2, paragraph 2 (A), of the present Convention, shall be
entitled to the rights provided for in part IV that can be granted to them by reason of their
presence and work in the territory of the State of employment and that are compatible with
their status as itinerant workers in that State.
Article 61
1. Project-tied workers, as defined in article 2, paragraph 2 (of the present Convention, and
members of their families shall be entitled to the rights provided for in part IV except the
provisions of article 43, paragraphs I (b) and (c), article 43, paragraph I (d), as it pertains to
social housing schemes, article 45, paragraph I (b), and articles 52 to 55.
2. If a project-tied worker claims that the terms of his or her work contract have been violated
by his or her employer, he or she shall have the right to address his or her case to the
competent authorities of the State which has jurisdiction over that employer, on terms
provided for in article 18, paragraph 1, of the present Convention.
3. Subject to bilateral or multilateral agreements in force for them, the States Parties
concerned shall endeavour to enable project-tied workers to remain adequately protected by
the social security systems of their States of origin or habitual residence during their
engagement in the project. States Parties concerned shall take appropriate measures with the
aim of avoiding any denial of rights or duplication of payments in this respect.
4. Without prejudice to the provisions of article 47 of the present Convention and to relevant
bilateral or multilateral agreements, States Parties concerned shall permit payment of the
earnings of project-tied workers in their State of origin or habitual residence.
Article 62
1. Specified-employment workers as defined in article 2, paragraph 2 (g), of the present
Convention, shall be entitled to the rights provided for in part IV, except the provisions of
article 43, paragraphs I (b) and (c), article 43, paragraph I (d), as it pertains to social housing
schemes, article 52, and article 54, paragraph 1 (d).
2. Members of the families of specified-employment workers shall be entitled to the rights
relating to family members of migrant workers provided for in part IV of the present
Convention, except the provisions of article 53.
Article 63
1. Self-employed workers, as defined in article 2, paragraph 2 (h), of the pre sent Convention ,
shall be entitled to the rights provided for in part IV with the exception of those rights which are
exclusively applicable to workers having a contract of employment.
2. Without prejudice to articles 52 and 79 of the present Convention, the termination of the
economic activity of the self-employed workers shall not in itself imply the withdrawal of the
authorization for them or for the members of their families to stay or to engage in a
remunerated activity in the State of employment except where the authorization of residence
is expressly dependent upon the specific remunerated activity for which they were admitted.
PART VI: Promotion of sound, equitable, humane and lawful conditions in connection
with international migration of workers and members of their families
Article 64
1. Without prejudice to article 79 of the present Convention, the States Parties concerned
shall as appropriate consult and co-operate with a view to promoting sound, equitable and
humane conditions in connection with international migration of workers and members of their
families.
2. In this respect, due regard shall be paid not only to labour needs and resources, but also to
the social, economic, cultural and other needs of migrant workers and members of their
families involved, as well as to the consequences of such migration for the communities
concerned.
Article 65
1. States Parties shall maintain appropriate services to deal with questions concerning
international migration of workers and members of their families. Their functions shall include,
inter alia :
(a) The formulation and implementation of policies regarding such migration;
(b) An exchange of information. consultation and co-operation with the competent authorities
of other States Parties involved in such migration;
(c) The provision of appropriate information, particularly to employers, workers and their
organizations on policies, laws and regulations relating to migration and employment, on
agreements concluded with other States concerning migration and on other relevant matters;
(d) The provision of information and appropriate assistance to migrant workers and members
of their families regarding requisite authorizations and formalities and arrangements for
departure, travel, arrival, stay, remunerated activities, exit and return, as well as on conditions
of work and life in the State of employment and on customs, currency, tax and other relevant
laws and regulations.
2. States Parties shall facilitate as appropriate the provision of adequate consular and other
services that are necessary to meet the social, cultural and other needs of migrant workers
and members of their families.
Article 66
1. Subject to paragraph 2 of the present article, the right to undertake operations with a view
to the recruitment of workers for employment in another State shall be restricted to:
( a ) Public services or bodies of the State in which such operations take place;
( b ) Public services or bodies of the State of employment on the basis of agreement between
the States concerned;
( c ) A body established by virtue of a bilateral or multilateral agreement.
2. Subject to any authorization, approval and supervision by the public authorities of the
States Parties concerned as may be established pursuant to the legislation and practice of
those States, agencies, prospective employers or persons acting on their behalf may also be
permitted to undertake the said operations.
Article 67
1. States Parties concerned shall co-operate as appropriate in the adoption of measures
regarding the orderly return of migrant workers and members of their families to the State of
origin when they decide to return or their authorization of residence or employment expires or
when they are in the State of employment in an irregular situation.
2. Concerning migrant workers and members of their families in a regular situation, States
Parties concerned shall co-operate as appropriate, on terms agreed upon by those States,
with a view to promoting adequate economic conditions for their resettlement and to
facilitating their durable social and cultural reintegration in the State of origin.
Article 68
1. States Parties, including States of transit, shall collaborate with a view to preventing and
eliminating illegal or clandestine movements and employment of migrant workers in an
irregular situation. The measures to be taken to this end within the jurisdiction of each State
concerned shall include:
(a) Appropriate measures against the dissemination of misleading information relating to
emigration and immigration;
(b) Measures to detect and eradicate illegal or clandestine movements of migrant workers and
members of their families and to impose effective sanctions on persons, groups or entities
which organize, operate or assist in organizing or operating such movements;
(c) Measures to impose effective sanctions on persons, groups or entities which use violence,
threats or intimidation against migrant workers or members of their families in an irregular
situation.
2. States of employment shall take all adequate and effective measures to eliminate
employment in their territory of migrant workers in an irregular situation, including, whenever
appropriate, sanctions on employers of such workers. The rights of migrant workers vis-à-vis
their employer arising from employment shall not be impaired by these measures.
Article 69
1. States Parties shall, when there are migrant workers and members of their families within
their territory in an irregular situation, take appropriate measures to ensure that such a
situation does not persist.
2. Whenever States Parties concerned consider the possibility of regularizing the situation of
such persons in accordance with applicable national legislation and bilateral or multilateral
agreements, appropriate account shall be taken of the circumstances of their entry, the
duration of their stay in the States of employment and other relevant considerations, in
particular those relating to their family situation.
Article 70
States Parties shall take measures not less favourable than those applied to nationals to
ensure that working and living conditions of migrant workers and members of their families in
a regular situation are in keeping with the standards of fitness, safety, health and principles of
human dignity.
Article 71
1. States Parties shall facilitate, whenever necessary, the repatriation to the State of origin of
the bodies of deceased migrant workers or members of their families.
2. As regards compensation matters relating to the death of a migrant worker or a member of
his or her family, States Parties shall, as appropriate, provide assistance to the persons
concerned with a view to the prompt settlement of such matters. Settlement of these matters
shall be carried out on the basis of applicable national law in accordance with the provisions of
the present Convention and any relevant bilateral or multilateral agreements.
PART VII: Application of the Convention
Article 72
1.
(a) For the purpose of reviewing the application of the present Convention, there shall be
established a Committee on the Protection of the Rights of All Migrant Workers and Members
of Their Families (hereinafter referred to as "the Committee");
(b) The Committee shall consist, at the time of entry into force of the present Convention, of
ten and, after the entry into force of the Convention for the forty-first State Party, of fourteen
experts of high moral standing, impartiality and recognized competence in the field covered by
the Convention.
2.
(a) Members of the Committee shall be elected by secret ballot by the States Parties from a
list of persons nominated by the States Parties, due consideration being given to equitable
geographical distribution, including both States of origin and States of employment, and to the
representation of the principal legal systems. Each State Party may nominate one person from
among its own nationals;
(b) Members shall be elected and shall serve in their personal capacity.
3. The initial election shall be held no later than six months after the date of the entry into
force of the present Convention and subsequent elections every second year. At least four
months before the date of each election, the Secretary-General of the United Nations shall
address a letter to all States Parties inviting them to submit their nominations within two
months. The Secretary-General shall prepare a list in alphabetical order of all persons thus
nominated, indicating the States Parties that have nominated them, and shall submit it to the
States Parties not later than one month before the date of the corresponding election, together
with the curricula vitae of the persons thus nominated.
4. Elections of members of the Committee shall be held at a meeting of States Parties
convened by the Secretary-General at United Nations Headquarters. At that meeting, for
which two thirds of the States Parties shall constitute a quorum, the persons elected to the
Committee shall be those nominees who obtain the largest number of votes and an absolute
majority of the votes of the States Parties present and voting.
5.
(a) The members of the Committee shall serve for a term of four years. However, the terms of
five of the members elected in the first election shall expire at the end of two years;
immediately after the first election, the names of these five members shall be chosen by lot by
the Chairman of the meeting of States Parties;
(b) The election of the four additional members of the Committee shall be held in accordance
with the provisions of paragraphs 2, 3 and 4 of the present article, following the entry into
force of the Convention for the forty-first State Party. The term of two of the additional
members elected on this occasion shall expire at the end of two years; the names of these
members shall be chosen by lot by the Chairman of the meeting of States Parties;
(c) The members of the Committee shall be eligible for re-election if renominated.
6. If a member of the Committee dies or resigns or declares that for any other cause he or she
can no longer perform the duties of the Committee, the State Party that nominated the expert
shall appoint another expert from among its own nationals for the remaining part of the term.
The new appointment is subject to the approval of the Committee.
7. The Secretary-General of the United Nations shall provide the necessary staff and facilities
for the effective performance of the functions of the Committee.
8. The members of the Committee shall receive emoluments from United Nations resources
on such terms and conditions as the General Assembly may decide.
9. The members of the Committee shall be entitled to the facilities, privileges and immunities
of experts on mission for the United Nations as laid down in the relevant sections of the
Convention on the Privileges and Immunities of the United Nations.
Article 73
1. States Parties undertake to submit to the Secretary-General of the United Nations for
consideration by the Committee a report on the legislative, judicial, administrative and other
measures they have taken to give effect to the provisions of the present Convention:
(a) Within one year after the entry into force of the Convention for the State Party concerned;
(b) Thereafter every five years and whenever the Committee so requests.
2. Reports prepared under the present article shall also indicate factors and difficulties, if any,
affecting the implementation of the Convention and shall include information on the
characteristics of migration flows in which the State Party concerned is involved.
3. The Committee shall decide any further guidelines applicable to the content of the reports.
4. States Parties shall make their reports widely available to the public in their own countries.
Article 74
1. The Committee shall examine the reports submitted by each State Party and shall transmit
such comments as it may consider appropriate to the State Party concerned. This State Party
may submit to the Committee observations on any comment made by the Committee in
accordance with the present article. The Committee may request supplementary information
from States Parties when considering these reports.
2. The Secretary-General of the United Nations shall, in due time before the opening of each
regular session of the Committee, transmit to the Director-General of the International Labour
Office copies of the reports submitted by States Parties concerned and information relevant to
the consideration of these reports, in order to enable the Office to assist the Committee with
the expertise the Office may provide regarding those matters dealt with by the present
Convention that fall within the sphere of competence of the International Labour Organisation.
The Committee shall consider in its deliberations such comments and materials as the Office
may provide.
3. The Secretary-General of the United Nations may also, after consultation with the
Committee, transmit to other specialized agencies as well as to intergovernmental
organizations, copies of such parts of these reports as may fall within their competence.
4. The Committee may invite the specialized agencies and organs of the United Nations, as
well as intergovernmental organizations and other concerned bodies to submit, for
consideration by the Committee, written information on such matters dealt with in the present
Convention as fall within the scope of their activities.
5. The International Labour Office shall be invited by the Committee to appoint representatives
to participate, in a consultative capacity, in the meetings of the Committee.
6. The Committee may invite representatives of other specialized agencies and organs of the
United Nations, as well as of intergovernmental organizations, to be present and to be heard
in its meetings whenever matters falling within their field of competence are considered.
7. The Committee shall present an annual report to the General Assembly of the United
Nations on the implementation of the present Convention, containing its own considerations
and recommendations, based, in particular, on the examination of the reports and any
observations presented by States Parties.
8. The Secretary-General of the United Nations shall transmit the annual reports of the
Committee to the States Parties to the present Convention, the Economic and Social Council,
the Commission on Human Rights of the United Nations, the Director-General of the
International Labour Office and other relevant organizations.
Article 75
1. The Committee shall adopt its own rules of procedure.
2. The Committee shall elect its officers for a term of two years.
3. The Committee shall normally meet annually.
4. The meetings of the Committee shall normally be held at United Nations Headquarters.
Article 76
1. A State Party to the present Convention may at any time declare under this article that it
recognizes the competence of the Committee to receive and consider communications to the
effect that a State Party claims that another State Party is not fulfilling its obligations under the
present Convention. Communications under this article may be received and considered only
if submitted by a State Party that has made a declaration recognizing in regard to itself the
competence of the Committee. No communication shall be received by the Committee if it
concerns a State Party which has not made such a declaration. Communications received
under this article shall be dealt with in accordance with the following procedure:
(a) If a State Party to the present Convention considers that another State Party is not fulfilling
its obligations under the present Convention, it may, by written communication, bring the
matter to the attention of that State Party. The State Party may also inform the Committee of
the matter. Within three months after the receipt of the communication the receiving State
shall afford the State that sent the communication an explanation, or any other statement in
writing clarifying the matter which should include, to the extent possible and pertinent,
reference to domestic procedures and remedies taken, pending or available in the matter;
(b) If the matter is not adjusted to the satisfaction of both States Parties concerned within six
months after the receipt by the receiving State of the initial communication, either State shall
have the right to refer the matter to the Committee, by notice given to the Committee and to
the other State;
(c) The Committee shall deal with a matter referred to it only after it has ascertained that all
available domestic remedies have been invoked and exhausted in the matter, in conformity
with the generally recognized principles of international law. This shall not be the rule where,
in the view of the Committee, the application of the remedies is unreasonably prolonged;
(d) Subject to the provisions of subparagraph ( c ) of the present paragraph, the Committee
shall make available its good offices to the States Parties concerned with a view to a friendly
solution of the matter on the basis of the respect for the obligations set forth in the present
Convention;
(e) The Committee shall hold closed meetings when examining communications under the
present article;
(f) In any matter referred to it in accordance with subparagraph ( b ) of the present paragraph,
the Committee may call upon the States Parties concerned, referred to in subparagraph ( b ),
to supply any relevant information;
(g) The States Parties concerned, referred to in subparagraph ( b ) of the present paragraph,
shall have the right to be represented when the matter is being considered by the Committee
and to make submissions orally and/or in writing;
(h) The Committee shall, within twelve months after the date of receipt of notice under
subparagraph (b) of the present paragraph, submit a report, as follows:
(i) If a solution within the terms of subparagraph (d) of the present paragraph is reached, the
Committee shall confine its report to a brief statement of the facts and of the solution reached;
(ii) If a solution within the terms of subparagraph (d) is not reached, the Committee shall, in its
report, set forth the relevant facts concerning the issue between the States Parties concerned.
The written submissions and record of the oral submissions made by the States Parties
concerned shall be attached to the report. The Committee may also communicate only to the
States Parties concerned any views that it may consider relevant to the issue between them.
In every matter, the report shall be communicated to the States Parties concerned.
2. The provisions of the present article shall come into force when ten States Parties to the
present Convention have made a declaration under paragraph 1 of the present article. Such
declarations shall be deposited by the States Parties with the Secretary-General of the United
Nations, who shall transmit copies thereof to the other States Parties. A declaration may be
withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not
prejudice the consideration of any matter that is the subject of a communication already
transmitted under the present article; no further communication by any State Party shall be
received under the present article after the notification of withdrawal of the declaration has
been received by the Secretary-General, unless the State Party concerned has made a new
declaration.
Article 77
1. A State Party to the present Convention may at any time declare under the present article
that it recognizes the competence of the Committee to receive and consider communications
from or on behalf of individuals subject to its jurisdiction who claim that their individual rights
as established by the present Convention have been violated by that State Party. No
communication shall be received by the Committee if it concerns a State Party that has not
made such a declaration.
2. The Committee shall consider inadmissible any communication under the present article
which is anonymous or which it considers to be an abuse of the right of submission of such
communications or to be incompatible with the provisions of the present Convention.
3. The Committee shall not consider any communication from an individual under the present
article unless it has ascertained that:
(a) The same matter has not been, and is not being, examined under another procedure of
international investigation or settlement;
(b) The individual has exhausted all available domestic remedies; this shall not be the rule
where, in the view of the Committee, the application of the remedies is unreasonably
prolonged or is unlikely to bring effective relief to that individual.
4. Subject to the provisions of paragraph 2 of the present article, the Committee shall bring
any communications submitted to it under this article to the attention of the State Party to the
present Convention that has made a declaration under paragraph 1 and is alleged to be
violating any provisions of the Convention. Within six months, the receiving State shall submit
to the Committee written explanations or statements clarifying the matter and the remedy, if
any, that may have been taken by that State.
5. The Committee shall consider communications received under the present article in the
light of all information made available to it by or on behalf of the individual and by the State
Party concerned.
6. The Committee shall hold closed meetings when examining communications under the
present article.
7. The Committee shall forward its views to the State Party concerned and to the individual.
8. The provisions of the present article shall come into force when ten States Parties to the
present Convention have made declarations under paragraph 1 of the present article. Such
declarations shall be deposited by the States Parties with the Secretary-General of the United
Nations, who shall transmit copies thereof to the other States Parties. A declaration may be
withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not
prejudice the consideration of any matter that is the subject of a communication already
transmitted under the present article; no further communication by or on behalf of an individual
shall be received under the present article after the notification of withdrawal of the declaration
has been received by the Secretary-General, unless the State Party has made a new
declaration.
Article 78
The provisions of article 76 of the present Convention shall be applied without prejudice to any
procedures for settling disputes or complaints in the field covered by the present Convention
laid down in the constituent instruments of, or in conventions adopted by, the United Nations
and the specialized agencies and shall not prevent the States Parties from having recourse to
any procedures for settling a dispute in accordance with international agreements in force
between them.
PART VIII: General provisions
Article 79
Nothing in the present Convention shall affect the right of each State Party to establish the
criteria governing admission of migrant workers and members of their families. Concerning
other matters related to their legal situation and treatment as migrant workers and members of
their families, States Parties shall be subject to the limitations set forth in the present
Convention.
Article 80
Nothing in the present Convention shall be interpreted as impairing the provisions of the
Charter of the United Nations and of the constitutions of the specialized agencies which define
the respective responsibilities of the various organs of the United Nations and of the
specialized agencies in regard to the matters dealt with in the present Convention.
Article 81
1. Nothing in the present Convention shall affect more favourable rights or freedoms granted
to migrant workers and members of their families by virtue of:
(a) The law or practice of a State Party; or
(b) Any bilateral or multilateral treaty in force for the State Party concerned.
2. Nothing in the present Convention may be interpreted as implying for any State, group or
person any right to engage in any activity or perform any act that would impair any of the
rights and freedoms as set forth in the present Convention.
Article 82
The rights of migrant workers and members of their families provided for in the present
Convention may not be renounced. It shall not be permissible to exert any form of pressure
upon migrant workers and members of their families with a view to their relinquishing or
foregoing any of the said rights. It shall not be possible to derogate by contract from rights
recognized in the present Convention. States Parties shall take appropriate measures to
ensure that these principles are respected.
Article 83
Each State Party to the present Convention undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated
shall have an effective remedy, notwithstanding that the violation has been committed by
persons acting in an official capacity;
(b) To ensure that any persons seeking such a remedy shall have his or her claim reviewed
and decided by competent judicial, administrative or legislative authorities, or by any other
competent authority provided for by the legal system of the State, and to develop the
possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
Article 84
Each State Party undertakes to adopt the legislative and other measures that are necessary
to implement the provisions of the present Convention.
PART IX: Final provisions
Article 85
The Secretary-General of the United Nations is designated as the depositary of the present
Convention.
Article 86
1. The present Convention shall be open for signature by all States. It is subject to ratification.
2. The present Convention shall be open to accession by any State.
3. Instruments of ratification or accession shall be deposited with the Secretary-General of the
United Nations.
Article 87
1. The present Convention shall enter into force on the first day of the month following a
period of three months after the date of the deposit of the twentieth instrument of ratification or
accession.
2. For each State ratifying or acceding to the present Convention after its entry into force, the
Convention shall enter into force on the first day of the month following a period of three
months after the date of the deposit of its own instrument of ratification or accession.
Article 88
A State ratifying or acceding to the present Convention may not exclude the application of any
Part of it, or, without prejudice to article 3, exclude any particular category of migrant workers
from its application.
Article 89
1. Any State Party may denounce the present Convention, not earlier than five years after the
Convention has entered into force for the State concerned, by means of a notification in
writing addressed to the Secretary-General of the United Nations.
2. Such denunciation shall become effective on the first day of the month following the
expiration of a period of twelve months after the date of the receipt of the notification by the
Secretary-General of the United Nations.
3. Such a denunciation shall not have the effect of releasing the State Party from its
obligations under the present Convention in regard to any act or omission which occurs prior
to the date at which the denunciation becomes effective, nor shall denunciation prejudice in
any way the continued consideration of any matter which is already under consideration by
the Committee prior to the date at which the denunciation becomes effective.
4. Following the date at which the denunciation of a State Party becomes effective, the
Committee shall not commence consideration of any new matter regarding that State.
Article 90
1. After five years from the entry into force of the Convention a request for the revision of the
Convention may be made at any time by any State Party by means of a notification in writing
addressed to the Secretary-General of the United Nations. The Secretary-General shall
thereupon communicate any proposed amendments to the States Parties with a request that
they notify him whether they favour a conference of States Parties for the purpose of
considering and voting upon the proposals. In the event that within four months from the date
of such communication at least one third of the States Parties favours such a conference, the
Secretary-General shall convene the conference under the auspices of the United Nations.
Any amendment adopted by a majority of the States Parties present and voting shall be
submitted to the General Assembly for approval.
2. Amendments shall come into force when they have been approved by the General
Assembly of the United Nations and accepted by a two-thirds majority of the States Parties in
accordance with their respective constitutional processes.
3. When amendments come into force, they shall be binding on those States Parties that have
accepted them, other States Parties still being bound by the provisions of the present
Convention and any earlier amendment that they have accepted.
Article 91
1. The Secretary-General of the United Nations shall receive and circulate to all States the
text of reservations made by States at the time of signature, ratification or accession.
2. A reservation incompatible with the object and purpose of the present Convention shall not
be permitted.
3. Reservations may be withdrawn at any time by notification to this effect addressed to the
Secretary-General of the United Nations, who shall then inform all States thereof. Such
notification shall take effect on the date on which it is received.
Article 92
1. Any dispute between two or more States Parties concerning the interpretation or application
of the present Convention that is not settled by negotiation shall, at the request of one of
them, be submitted to arbitration. If within six months from the date of the request for
arbitration the Parties are unable to agree on the organization of the arbitration, any one of
those Parties may refer the dispute to the International Court of Justice by request in
conformity with the Statute of the Court.
2. Each State Party may at the time of signature or ratification of the present Convention or
accession thereto declare that it does not consider itself bound by paragraph 1 of the present
article. The other States Parties shall not be bound by that paragraph with respect to any
State Party that has made such a declaration.
3. Any State Party that has made a declaration in accordance with paragraph 2 of the present
article may at any time withdraw that declaration by notification to the Secretary-General of
the United Nations.
Article 93

1. The present Convention, of which the Arabic, Chinese, English, French, Russian and
Spanish texts are equally authentic, shall be deposited with the Secretary-General of the
United Nations.

2. The Secretary-General of the United Nations shall transmit certified copies of the present
Convention to all States.

In witness whereof the undersigned plenipotentiaries, being duly authorized thereto by their
respective Governments, have signed the present Convention.

REPUBLIC ACT NO. 8042
Migrant Workers and Overseas Filipinos Act of 1995
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.
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
SEC. 1. SHORT TITLE. - This act shall be known and cited as the "Migrant Workers and
Overseas Filipinos Act of 1995."
SEC. 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 and 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 citizens 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 persons 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 to 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
Section 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.
SEC. 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 renumerated activity in a state of which he or she is not a legal resident to be
used interchangeably with overseas Filipino worker.
(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 Sections 24 and 26 of this Act.
I. DEPLOYMENT
SEC. 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 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, declaration 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.
SEC. 5. TERMINATION OR BAN ON DEPLOYMENT - Notwithstanding the provisions of
Section 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
Sec. 6. DEFINITIONS. - For purposes of this Act, illegal recruitment shall mean any act of
canvassing, enlisting, contracting, transporting, utilizing, hiring, procuring workers and
includes referring, contact services, promising or advertising for employment abroad, whether
for profit or not, when undertaken by a non-license 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 such non-license 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 persons,
whether a non-licensee, non-holder, licensee or holder of authority.
(a) To charge or accept directly or indirectly any amount greater than the 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 persons or entity not to employ any worker who
has not applied for employment through his agency;
(f) To engage in the recruitment of placement of workers in jobs harmful to public health or
morality or to 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, remittances of
foreign exchange earnings, separations 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 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
on 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 reasons as determined by the Department of Labor
and Employment; and
(m) Failure to reimburse expenses incurred by the workers 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 as offense involving economic sabotage.
Illegal recruitment is deemed committed by a syndicate 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.
SEC. 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 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.
SEC. 8. PROHIBITION ON OFFICIALS AND EMPLOYEES. - Ot shall be unlawful for any
official or employee of the Department of Labor and Employment, the Philippine Overseas
Employment Administration, or the Overseas Workers Welfare Administration, 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 shall be imposed upon them.
SEC. 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 same 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.
SEC. 10. MONEY CLAIMS. - Botwithstanding any provision of law to the contrary, the Labor
Arbiters of the National Labor Relations Commission (NLRC) shall have the priginal and
exclusive jurisdiction to hear and decide, within ninety (90) calendar days after 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 section shall be joint and several. This provisions 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 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 section 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 workers shall be entitled to the full reimbursement of
his placement fee with interest of 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.
Non-compliance with the mandatory periods for resolutions of cases provided under
this section 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 resolutions
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 disqualifications 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.
SEC. 11. MANADATORY 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 facie case 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 a prima facie case is found to exist, prosecution officer within forty-eight (48) hours
from the date of receipt of the records of the case.
 SEC. 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.
SEC. 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
SEC. 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, 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.
SEC. 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 local
agency. However, in cases where the termination of employment is 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 ith
appropriate international agencies, shall undertake the repatriation of workers in cases of war,
epidemic, disasters 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 purposes, 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), inclusive of outstanding balances.
SEC. 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 availavle of such discovery and
other relevant information.
SEC. 17. ESTABLISHMENT OF RE-PLACEMENT AND MONITORING CENTER. -
A replacement 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 return who had
been employed as domestic helpers and entertainers.
SEC. 18. FUNCTIONS OF THE RE-PLACEMENT AND MONITORING CENTER. -
The center shall provide the following service:
(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 the promotion,
development, re-placement and the full utilization of their potentials;
 (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.
SEC. 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 establish a Migrant Workers and
Other Overseas Filipinos Resource Center with the following services:
(a) Counseling 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 for social integration;
(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 register 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 programs and activities to assist particular needs of women
migrant workers;
(g) Orientation program for returning workers 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, Sundays and holidays, and shall be staffed by Foreign Service
personnel, service attaches or officers who represent other 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.
SEC. 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 Filipino 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 exchanges 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 limited to, the following information:
(a) Masterlists of departing/arriving Filipinos;
(b) Inventory of pending legal cases involving Filipino migrant workers and other
Filipino nationals, including those serving prison terms;
(c) Masterlists 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 the 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.
SEC. 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.
SEC. 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
SEC. 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 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 Sections 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 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 functions, 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.
V. THE LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS
SEC. 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 provisions 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 migrant workers;
 (d) To administer the legal assistance fund for migrant workers established under
Section 25 hereof and to authorize disbursements there from in accordance with the purposes
for which the fund was set up; and
(e) To keep and maintain the information system as provided in Section 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.
SEC. 25. LEGAL ASSISTANCE FUND - There is hereby established a legal
assistance fund for migrant workers, herein after referred to as 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 Decree
Nos. 1694 and 1809.
Any balances of existing fund 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, to be turned over to, and form part of, the Fund created under this Act.
SEC. 26. USES OF THE LEGAL ASSISTANCE FUND. - The Legal Assistance
Fund created under the preceeding section shall be used exclusively to provide legal services
to migrant workers and overseas Filipinos in distress in accordance witht 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 Assistance 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
SEC. 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 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.
SEC. 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
SEC. 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 emergency circumstances which may affect
the welfare of migrant workers.
SEC. 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.
VII. PROFESSIONAL AND OTHER HIGHLY-SKILLED FILIPINOS ABROAD
SEC. 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
SEC. 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.
SEC. 33. REPORT TO CONGRESS. - In order to inform the Philippine Congress on
the implementation of the policy enunciated in Section 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 countries hosting Filipino migrant workers.
The report shall not be limited to the following information:
(a) Masterlist of Filipino migrant workers, and inventory of pending 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) Initiative/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.
Any officer of the government who fails to report as stated in the preceeding section
shall be subjected to administrative penalty.
SEC. 34. REPRESENTATION IN CONGRESS. - Pursuant to Section 3(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.
SEC. 35. EXEMPTION FROM TRAVEL TAX AND AIRPORT FEE. - All laws to the
country 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.
SEC. 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 established.
SEC. 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 intent 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 unexpected 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.
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 section, the DOLE and the DOST shall formulate
the necessary rules and regulations.
SEC. 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.
SEC. 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.
SEC. 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.
 SEC. 41. REPEATING 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.

SEC. 42. SEPARABILITY CLAUSE. - If, for any reason, any section or provision of
this Act is held unconstitutional or invalid, the other sections or provisions hereof shall not be
affected thereby.

SEC. 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.

REPUBLIC ACT No. 10022
AN ACT AMENDING REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS THE
MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995, AS AMENDED,
FURTHER IMPROVING THE STANDARD OF PROTECTION AND PROMOTION OF
THE WELFARE OF MIGRANT WORKERS, 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. Paragraphs (a), (e), (g) and (h) of Section 2 of Republic Act. No. 8042, as
amended, otherwise known as the "Migrant Workers and Overseas Filipinos Act of 1995," is
hereby amended to read as follows:
"(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,
continuously monitor international conventions, adopt/be signatory to and ratify those that
guarantee protection to our migrant workers, and endeavor to enter into bilateral agreements
with countries hosting overseas Filipino 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, whether regular/documented
or irregular/undocumented, are adequately protected and safeguarded."
"(g) The State recognizes that the most effective tool for empowerment is the possession of
skills by migrant workers. The government shall provide them free and accessible skills
development and enhancement programs. Pursuant to this and as soon as practicable, the
government shall deploy and/or allow the deployment only of skilled Filipino workers."
"(h) The State recognizes non-governmental organizations, trade unions, workers
associations, stakeholders and their similar entities 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. The significant
contribution of recruitment and manning agencies shall from part this partnership."
Section 2. Section 3, paragraph (a) of Republic Act No. 8042, as amended, is hereby
amended to read as follows:
"(a) "Overseas Filipino 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 citizen or on
board a vessel navigating the foreign seas other than a government ship used for miliatry or
non-commercial purposes or on an installation located offshore or on the high seas; to be
used interchangeably with migrant worker."
Section 3. Section 4 of Republic Act No. 8042, as amended, is hereby amended to rerad as
follows:
"SEC. 4. Deployment of Migrant Workers. - The State shall allow the deployment of 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 of the rights of overseas Filipino workers:
"(a) It has existing labor and social laws protecting the rights of workers, including migrant
workers;
"(b) It is a signatory to and/or a ratifier of multilateral conventions, declarations or resolutions
relating to the protection of workers, including migrant workers; and
"(c) It has concluded a bilateral agreement or arrangement with the government on the
protection of the rights of overseas Filipino Workers:
Provided, That the receiving country is taking positive, concrete measures to protect the rights
of migrant workers in furtherance of any of the guarantees under subparagraphs (a), (b) and
(c) hereof.
"In the absence of a clear showing that any of the aforementioned guarantees exists in the
country of destination of the migrant workers, no permit for deployment shall be issued by the
Philippine Overseas Employment Administration (POEA).
"The members of the POEA Governing Board who actually voted in favor of an order allowing
the deployment of migrant workers without any of the aforementioned guarantees shall suffer
the penalties of removal or dismissal from service with disqualification to hold any appointive
public office for five (5) years, Further, the government official or employee responsible for the
issuance of the permit or for allowing the deployment of migrant workers in violation of this
section and in direct contravention of an order by the POEA Governing Board prohibiting
deployment shall be meted the same penalties in this section.
"For this purpose, the Department of Foreign Affairs, through its foreign posts, shall issue a
certification to the POEA, specifying therein the pertinent provisions of the receiving country's
labor/social law, or the convention/declaration/resolution, or the bilateral
agreement/arrangement which protect the rights of migrant workers.
"The State shall also allow the deployment of overseas Filipino workers to vessels navigating
the foreign seas or to installations located offshore or on high seas whose owners/employers
are compliant with international laws and standards that protect the rights of migrant workers.
"The State shall likewise allow the deployment of overseas Filipino workers to companies and
contractors with international operations: Provided, That they are compliant with standards,
conditions and requirements, as embodied in the employment contracts prescribed by the
POEA and in accordance with internationally-accepted standards."
Section 4. Section 5 of Republic Act No. 8042, as amended, is hereby amended to read as
follows:
"SEC. 5. Termination or Ban on Deployment. - Notwithstanding the provisions of Section 4
hereof, in pursuit of the national interest or when public welfare so requires, the POEA
Governing Board, after consultation with the Department of Foreign Affairs, may, at any time,
terminate or impose a ban on the deployment of migrant workers."
Section 5. Section 6 of Republic Act No. 8042, as amended, is hereby amended to read as
follows:
"SEC. 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 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 or acknowledge 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, or
for the purpose of documenting hired workers with the POEA, which include the act of
reprocessing workers through a job order that pertains to nonexistent work, work different
from the actual overseas work, or work with a different employer whether registered or not
with the POEA;
"(d) To include 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 or who has formed, joined or supported,
or has contacted or is supported by any union or workers' organization;
"(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;
"(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 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 travel agency;
"(k) To withhold or deny travel documents from applicant workers before departure for
monetary or financial considerations, or for any other reasons, other than those authorized
under the Labor Code and its implementing rules and regulations;
"(l) Failure to actually deploy a contracted worker 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 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; and
"(n) To allow a non-Filipino citizen to head or manage a licensed recruitment/manning agency.
"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.
"In addition to the acts enumerated above, it shall also be unlawful for any person or entity to
commit the following prohibited acts:
"(1) Grant a loan to an overseas Filipino worker with interest exceeding eight percent (8%) per
annum, which will be used for payment of legal and allowable placement fees and make the
migrant worker issue, either personally or through a guarantor or accommodation party,
postdated checks in relation to the said loan;
"(2) Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is
required to avail of a loan only from specifically designated institutions, entities or persons;
"(3) Refuse to condone or renegotiate a loan incurred by an overseas Filipino worker after the
latter's employment contract has been prematurely terminated through no fault of his or her
own;
"(4) Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is
required to undergo health examinations only from specifically designated medical clinics,
institutions, entities or persons, except in the case of a seafarer whose medical examination
cost is shouldered by the principal/shipowner;
"(5) Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is
required to undergo training, seminar, instruction or schooling of any kind only from
specifically designated institutions, entities or persons, except fpr recommendatory trainings
mandated by principals/shipowners where the latter shoulder the cost of such trainings;
"(6) For a suspended recruitment/manning agency to engage in any kind of recruitment
activity including the processing of pending workers' applications; and
"(7) For a recruitment/manning agency or a foreign principal/employer to pass on the
overseas Filipino worker or deduct from his or her salary the payment of the cost of insurance
fees, premium or other insurance related charges, as provided under the compulsory worker's
insurance coverage.
"The persons criminally liable for the above offenses are the principals, accomplices and
accessories. In case of juridical persons, the officers having ownership, control, management
or direction of their business who are responsible for the commission of the offense and the
responsible employees/agents thereof shall be liable.
"In the filing of cases for illegal recruitment or any of the prohibited acts under this section, the
Secretary of Labor and Employment, the POEA Administrator or their duly authorized
representatives, or any aggrieved person may initiate the corresponding criminal action with
the appropriate office. For this purpose, the affidavits and testimonies of operatives or
personnel from the Department of Labor and Employment, POEA and other law enforcement
agencies who witnessed the acts constituting the offense shall be sufficient to prosecute the
accused.
"In the prosecution of offenses punishable under this section, the public prosecutors of the
Department of Justice shall collaborate with the anti-illegal recruitment branch of the POEA
and, in certain cases, allow the POEA lawyers to take the lead in the prosecution. The POEA
lawyers who act as prosecutors in such cases shall be entitled to receive additional
allowances as may be determined by the POEA Administrator.
"The filing of an offense punishable under this Act shall be without prejudice to the filing of
cases punishable under other existing laws, rules or regulations." 1avvphi1
Section 6. Section 7 of Republic Act No. 8042, as amended, is hereby amended to read as
follows:
"SEC. 7. Penalties. -
"(a) Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of
not less than twelve (12) years and one (1) day but not more than twenty (20) years and a fine
of not less than One million pesos (P1,000,000.00) nor more than Two million pesos
(P2,000,000.00).
"(b) The penalty of life imprisonment and a fine of not less than Two million pesos
(P2,000,000.00) nor more than Five million pesos (P5,000,000.00) shall be imposed if illegal
recruitment constitutes economic sabotage as defined therein.
"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.
"(c) Any person found guilty of any of the prohibited acts 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 Five hundred thousand pesos (P500,000.00) nor more than
One million pesos (P1,000,000.00).
"If the offender is an alien, he or she shall, in addition to the penalties herein prescribed, be
deported without further proceedings.
"In every case, conviction shall cause and carry the automatic revocation of the license or
registration of the recruitment/manning agency, lending institutions, training school or medical
clinic."
Section 7. Section 10 of Republic Act No. 8042, as amended, is hereby amended to read as
follows:
"SEC. 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 damage. Consistent with this mandate, the NLRC shall
endeavor to update and keep abreast with the developments in the global services industry.
"The liability of the principal/employer and the 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 bond to de 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 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 section shall be paid within thirty (30) days from 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, or any unauthorized deductions from the migrant worker's salary,
the worker shall be entitled to the full reimbursement 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 contract or for three (3) months for every year of the unexpired
term, whichever is less.
"In case of a final and executory judgement against a foreign employer/principal, it shall be
automatically disqualified, without further proceedings, from participating in the Philippine
Overseas Employment Program and from recruiting and hiring Filipino workers until and
unless it fully satisfies the judgement award.
"Noncompliance with the mandatory periods for resolutions of case provided under this
section 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 incured under other existing laws or rules and
regulations as a consequence of violating the provisions of this paragraph."
Section 8. The first paragraph of Section 13 of Republic Act No. 8042, as amended is hereby
amended to read as follows:
"SEC. 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 in the anti-illegal recruitment branch of the POEA including its regional offices.
Such mechanism shall include coordination and cooperation with the Department of Justice,
the Integrated Bar of the Philippines, and other non-governmental organizations and volunteer
groups."
Section 9. Section 16 of Republic Act No. 8042, as amended, is hereby amended to read as
follows:
"SEC. 16. Mandatory Repatriation of Underage Migrant Workers. - Upon discovery or being
informed of the presence of migrant workers whose 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.
The license of a recruitment/manning agency which recruited or deployed an underage
migrant worker shall be automatically revoked and shall be imposed a fine of not less than
Five hundred thousand pesos (Php 500,000.00) but not more than One million pesos (Php
1,000,000.00). All fees pertinent to the processing of papers or documents in the recruitment
or deployment shall be refunded in full by the responsible recruitment/manning agency,
without need of notice, to the underage migrant worker or to his parents or guardian. The
refund shall be independent of and in addition to the indemnification for the damages
sustained by the underage migrant worker. The refund shall be paid within thirty (30) days
from the date of the mandatory repatriation as provided for in this Act."
Section 10. Section 17 of Republic Act No. 8042, as amended, is hereby amended to read as
follows:
"SEC. 17. Establishment of National Reintegration Center for Overseas Filipino Workers. -A
national reintegration center for overseas Filipino workers (NRCO) 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
(OWWA), and the Philippine Overseas Employment Administration (POEA) 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 11. Section 18 of Republic Act No. 8042, as amended is hereby amended to read as
follows:
"SEC. 18. Functions of the National Reintegration Center for Overseas Filipino Workers. -The
Center shall provide the following services:
"(a) Develop and support programs and projects for livelihood, entrepreneurship, savings,
investments 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 stakeholders, service providers and 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 government agencies concerned, a computer-based
information system on returning Filipino migrant workers shall be accessible to all local
recruitment agencies and employers, both public and private;
"(d) Proved a periodic study and assessment of job opportunities for returning Filipino migrant
workers;
"(e) Develop and implement other appropriate programs to promote the welfare of returning
Filipino migrant workers;
"(f) Maintain an internet-based communication system for on-line registration and interaction
with clients, and maintain and upgrade computer-based service capabilities of the NRCO;
"(g) Develop capacity-building programs for returning overseas Filipino workers and their
families, implementers, service providers, and stakeholders; and
"(h) Conduct research for policy recommendations and program development."
Section 12. The second paragraph of Section 19 of Republic Act No. 8042, as amended, is
hereby amended to read as follows:
"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, Sundays 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 Sharia or human rights lawyer, a
psychologist and a social worker for the Center. In addition to these personnel, the
government must also hire within the receiving country, in such number as may be needed by
the post, public relation officers or case officers who are conversant, orally and in writing, with
the local language, laws, customs and practices. 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."
Section 13. Section 20 of Republic Act No. 8042, as amended, is hereby amended to read as
follows:
"SEC. 20. Establishment of a Shared Government Information System for Migration. - An
interagency committee composed of the Department of Foreign Affairs and its attached
agency, the Commission on Filipinos Overseas, the Department of Labor and Employment
and its attached concerned agencies, the Department of Tourism, the Department of Justice
the Bureau of Immigration, the National Bureau of Investigation, the Department of the Interior
and Local Government, the National Telecommunications Commission, the Commission on
Information and Communications Technology, the National Computer Center, the National
Statistical and Coordination Board, the National Statistics Office and other government
agencies concerned with overseas employment shall be established to implement a shared
government information system for migration. The interagency committee shall initially make
available to itself the information contained in existing data bases/files. The second phase
shall involve linkaging of computer facilities on order to allow free-flow data exchanges and
sharing among concerned agencies.
"The inter-agency committee shall be co-chaired by the Department of Foreign Affairs and the
Department of Labor and Employment. The National Computer Center shall provide the
necessary technical assistance and shall set the appropriate information and communications
technology standards to facilitate the sharing of information among the member agencies.
"The inter-agency committee shall meet regularly to ensure the immediate and full
implementation of this section and shall explore the possibility setting up a central storage
facility for the data on migration. The progress of the implementation of this section shall be
include in the report to Congress of the Department of Foreign Affairs and the Department of
Labor and Employment under Section 33.
"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 Filipino 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;
"(c) Masterlists 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, including minors; and
"(i) Listing of overseas posts which may render assistance to overseas Filipinos, in general,
and migrant workers, in particular."
Section 14. Subparagraph (b.1) of paragraph (b) of Section 23 of Republic Act No. 8042, as
amended, is hereby amended to read as follows:
"(b.1) Philippine Overseas Employment Administration. - 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. It shall be responsible for the regulation and management
of overseas employment from the pre-employment stage, securing the best possible
employment terms and conditions for overseas Filipino workers, and taking into consideration
the needs of vulnerable sectors and the peculiarities of sea-based and land-based workers. In
appropriate cases, the Administration shall allow the lifting of suspension of erring
recruitment/manning agencies upon the payment of fine of Fifty thousand pesos (P50,000.00)
for every month of suspension.
"in addition to its powers and functions, the Administration shall inform migrant workers not
only of their rights as workers but also of their rights as human beings, instruct and guide the
workers how to assert their rights and provide the available mechanism to redress violation of
their rights. It shall also be responsible for the implementation, in partnership with other law-
enforcement agencies, of an intensified program against illegal recruitment activities. For this
purpose, the POEA shall provide comprehensive Pre-Employment Orientation Seminars
(PEOS) that will discuss topics such as prevention of illegal recruitment and gender-sensitivity.
"The Administration shall not engage in the recruitment and placement of overseas workers
except on a government-to-government arrangement only.
"In the recruitment and placement of workers to service the requirements for trained and
competent Filipino workers of foreign governments and their instrumentalitys, and such other
employers as public interests may require, the Administration shall deploy only to countries
where the Philippine has conclude bilateral labor agreements or arrangements: Provided, That
such countries shall guarantee to protect the rights of Filipino migrant workers; and Provided,
further, That such countries shall observe and/or comply with the international laws and
standards for migrant workers."
Section 15. Sub-paragraph (b.2) of Paragraph (b) of Section 23 of Republic Act No. 8042, as
amended, is hereby amended to read as follows:
"(b.2) Overseas Workers Welfare Administration. - The Welfare officer of 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 compliance or problems brought to his attention. The OWWA shall likewise
formulate and implement welfare programs for overseas Filipino workers and their families
while they are abroad and upon their return. It shall ensure the awareness by the overseas
Filipino workers and their families of these programs and other related governmental
programs.
"In the repatriation of workers to be undertaken by OWWA, the latter shall be authorized to
pay repatriation-related expenses, such as fines or penalties, subject to such guidelines as the
OWWA Board of Trustees may prescribe."
Section 16. Under Section 23 of Republic Act No. 8042, as amended, add new paragraphs
(c) and (d) with their corresponding subparagraphs to read as follows:
"(c) Department of Health. - The Department of Health (DOH) shall regulate the activities and
operations of all clinics which conduct medical, physical, optical, dental, psychological and
other similar examinations, hereinafter referred to as health examinations, on Filipino migrant
workers as requirement for their overseas employment. Pursuant to this, the DOH shall
ensure that:
" (c.1) The fees for the health examinations are regulated, regularly monitored and duly
published to ensure that the said fees are reasonable and not exorbitant;
" (c.2) The Filipino migrant worker shall only be required to undergo health examinations when
there is reasonable certainty that he or she will be hired and deployed to the jobsite and only
those health examinations which are absolutely necessary for the type of job applied for or
those specifically required by the foreign employer shall be conducted;
" (c.3) No group or groups of medical clinics shall have a monopoly of exclusively conducting
health examinations on migrant workers for certain receiving countries;
" (c.4) Every Filipino migrant worker shall have the freedom to choose any of the DOH-
accredited or DOH-operated clinics that will conduct his/her health examinations and that his
or her rights as a patient are respected. The decking practice, which requires an overseas
Filipino worker to go first to an office for registration and then farmed out to a medical clinic
located elsewhere, shall not be allowed;
" (c.5) Within a period of three (3) years from the effectivity of this Act, all DOH regional and/or
provincial hospitals shall establish and operate clinics that can be serve the health
examination requirements of Filipino migrant workers to provide them easy access to such
clinics all over the country and lessen their transportation and lodging expenses and
" (c.6) All DOH-accredited medical clinics, including the DOH-operated clinics, conducting
health examinations for Filipino migrant workers shall observe the same standard operating
procedures and shall comply with internationally-accepted standards in their operations to
conform with the requirements of receiving countries or of foreign employers/principals.
"Any Foreign employer who does not honor the results of valid health examinations conducted
by a DOH-accredited or DOH-operated clinic shall be temporarily disqualified from the
participating in the overseas employment program, pursuant to POEA rules and regulations.
"In case an overseas Filipino worker is found to be not medically fit upon his/her immediate
arrival in the country of destination, the medical clinic that conducted the health examination/s
of such overseas Filipino worker shall pay for his or her repatriation back to the Philippines
and the cost of deployment of such worker.
"Any government official or employee who violates any provision of this subsection shall be
removed or dismissed from service with disqualification to hold any appointive public office for
five(5) years. Such penalty is without prejudice to any other liability which he or she may have
incurred under existing laws, rules or regulations.
"(d) Local Government Units. - In the fight against illegal recruitment, the local government
units (LGUs), in partnership with the POEA, other concerned government agencies , and non-
government organizations advocating the rights and welfare of overseas Filipino workers,
shall take a proactive stance by being primarily responsible for the dissemination of
information to their constituents on all aspects of overseas employment. To carry out this task,
the following shall be undertaken by the LGUs:
"(d.1) Provide a venue for the POEA, other concerned government agencies and non-
government organizations to conduct PEOS to their constituents on a regular basis;
"(d.2) Establish overseas Filipino worker help desk or kiosk in their localities with the objective
of providing current information to their constituents on all the processes aspects of overseas
employment. Such desk or kiosk shall, as be linked to the database of all concerned
government agencies, particularly the POEA for its updated lists of overseas job orders and
licensed recruitment agencies in good standing."
Section 17. Subparagraph ( c ) of Section of Republic Act No. 8042, as amended, is hereby
amended to read as follows:
"( c ) To tap the assistance of reputable law firms, the Integrated Bar of the Philippines, other
bar associations and other government legal experts on overseas Filipino worker laws to
complement the government's efforts to provide legal assistance to our migrant workers;"
Section 18. Section 25 of Republic Act No. 8042, as amended, is hereby amended to read as
follows:
"SEC. 25. Legal Assistance Fund. - There is herby 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 (50,000,000.00) from the Contingency Fund of the President;
"Thirty million pesos (30,000,000.00) from the Contingency Fund of the President Social
Fund;
"Twenty million pesos (20,000,000.00) from the Welfare Fund for Overseas Workers
established under Letter of Instructions No. 537 as amended by Presidential Decree Nos.
1694 and 1809; and
"An amount appropriated in the annual General Appropriations Act (GAA) which shall not be
less than Thirty million pesos (30,000,000.00) per year: Provided, that the balance of the
Legal Assistance Fund (LAF) including the amount appropriated for the year shall not be less
than One hundred million pesos (P100,000,000.00) : Provided, further, That the fund shall be
treated as a special fund in the National Treasury and its balance, including the amount
appropriated in the GAA, which shall form part of the Fund, shall not revert to the General
Fund.
" 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 19. Section 26 of Republic Act No. 8042, as amended, 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 exclusively6 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 ) herof. 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 or in filing
cases against erring or abusive employers abroad, bail bonds to secure the temporary
releases and other litigation expenses: 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."
Section 20. Section 32 of Republic Act No. 8042, as amended, is hereby amended to read as
follows:
"SEC. 32. POEA, OWWA and other Boards; 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 selected and nominated openly
by the general membership of the sector being represented.
" The selection and nomination of the additional members from the women, sea-based and
land-based sectors shall be governed by the following guidelines:
"(a) The POEA and the OWWA shall launch a massive information campaign on the selection
of nominees and provide for a system of consultative sessions for the certified leaders or
representatives of the concerned sectors, at least three (3) times, within ninety (90) days
before the boards shall be convened, for purposes of selection. The process shall be open,
democratic and transparent;
"(b) Only non-government organizations that protect and promote the rights and welfare of
overseas Filipino workers, duly registered with the appropriate Philippine government agency
and in good standing as such, and in existence for at least three (3) years prior to the
nomination shall be qualified to nominate a representative for each sector to the Board;
"(c) The nominee must be at least twenty-five (25) years of age, able to read and write, and a
migrant worker at the time of his or her nomination or was a migrant worker with at least three
(3) years experience as such; and
"(d) A final list of all the nominees selected by the OWWA/POEA governing boards, which
shall consist of three(3) names for each sector to be represented, shall be submitted to the
President and published in a newspaper of general circulation;
"Within thirty (30) days from the submission of the list, the President shall select and appoint
from the list, the representatives to the POEA/OWWA governing boards.
"The additional members shall have a term of three (3) years and shall be eligible for
reappointment for another three (3) years. In case of vacancy, the President shall in
accordance with the provisions of this Act, appoint a replacement who shall serve the
unexpired term of his or her predecessor.
"Any executive issuances or orders issued that contravene the provisions of this section shall
have no force and effect.
"All other government agencies and government-owned or controlled corporations which
require at least one (1) representative from the overseas workers sector to their respective
boards shall follow all the applicable provisions of this section."
Section 21. The first and last paragraph of Section 33 of Republic Act No. 8042, as
amended, is hereby amended to read as follows:
"SEC. 33. Report to Congress. - In order to inform the Philippine Congress on the
implementation of the policy enunciated in Section 4 hereof, the Department of Foreign Affairs
and the Department of Labor and Employment shall submit separately to the said body a
semi-annual report of Philippine foreign posts located in countries hosting Filipino migrant
workers. The mid-year report covering the period January to June shall be submitted not later
than October 31 of the same year while the year-end report covering the period July to
December shall be submitted not later than May 31 of the following year. The report shall
include, but shall not limited to, the following information:
"xxx
" Any officer of the government who fails to submit the report as stated in this section shall be
subject to an administrative penalty of dismissal from the service with disqualification to hold
any appointive public office for five (5) years."
Section 22. Section 35 of Republic Act No. 8042, as amended, is hereby amended to read as
follows:
SEC. 35. Exemption from Travel Tax Documentary Stamp and Airport Fee. - All laws to the
contrary notwithstanding, the migrant workers shall be exempt from the payment of travel tax
and airport-fee upon proper showing of proof entitlement by the POEA.
"The remittances of all overseas Filipino workers, upon showing of the same proof of
entitlement by the overseas Filipino worker's beneficiary or recipient, shall be exempt from the
payment of documentary stamp tax.
Section 23. A new Section 37-A. of Replublic Act No. 8042, as amended, is hereby added to
read as follows:
"SEC. 37-A. Compulsory Insurance Coverage for Agency-Hired Workers. - In addition to the
performance bond to be filed by the recruitment/manning agency under Section 10, each
migrant worker deployed by a recruitment/manning agency shall be covered by a compulsory
insurance policy which shall be secured at no cost to the said worker. Such insurance policy
shall be effective for the duration of the migrant worker's employment and shall cover, at the
minimum:
"(a) Accidental death, with at least Fifteen thousand United States dollars (US$10,000.00)
survivor's benefit payable to the migrant worker's beneficiaries;
"(c) Permanent total disablement, with at least Seven thousand five hundred United States
dollars (US$7,500.00) disability benefit payable to the migrant worker. The following
disabilities shall be deemed permanent: total, complete loss of sight of both eyes; loss of
two(2) limbs at or above the ankles or wrists; permanent complete paralysis of two (2) limbs;
brain injury resulting to incurable imbecility or insanity;
"(d) Repatriation cost of the worker when his/her employment is terminated without any valid
cause, including the transport of his or her personal belongings. In case of death, the
insurance provider shall arrange and pay for the repatriation or return of the worker's remains.
The insurance provider shall also render any assistance necessary in the transport including,
but not limited to, locating a local licensed funeral home, mortuary or direct disposition facility
to prepare the body for transport, completing all documentation, obtaining legal clearances,
procuring consular services, providing necessary casket or air transport container, as well as
transporting the remains including retrieval from site of death and delivery to the receiving
funeral home;
"(e) Subsistence allowance benefit, with at least One hundred United States dollars
(US$100.00) Per month for a maximum of six (6) months for a migrant worker who is involved
in a case or litigation for the protection of his/her rights in the receiving country;
"(f) Money claims arising from employer's liability which may be awarded or given to the
worker in a judgment or settlement of his or her case in the NLRC. The insurance coverage
for money claims shall be equivalent to at least three (3) months for every year of the migrant
worker's employment contract;
"In addition to the above coverage, the insurance policy shall also include:
"(g) Compassionate visit. When a migrant worker is hospitalized and has been confined for at
least seven (7) consecutive days, he shall be entitled to a compassionate visit by one (1)
family member or a requested individual. The insurance company shall pay for the
transportation cost of the family member or requested individual to the major airport closest to
the place of hospitalization of the worker. It is, however, the responsibility of the family
member or requested individual to meet all visa and travel document requirements;
"(h) Medical evacuation. When an adequate medical facility is not available proximate to the
migrant worker, as determined by the insurance company's physician and/or a consulting
physician, evacuation under appropriate medical supervision by the mode of transport
necessary shall be undertaken by the insurance provider; and
"(i) Medical repatriation. When medically necessary as determined by the attending physician,
repatriation under medical supervision to the migrant worker's residence shall be undertaken
by the insurance provider at such time that the migrant worker is medically cleared for travel
by commercial carrier. If the period to receive medical clearance to travel exceeds fourteen
(14) days from the date of discharge from the hospital, an alternative appropriate mode of
transportation, such as air ambulance, may be arranged. Medical and non-medical escorts
may be provided when necessary.
"Only reputable private insurance companies duly registered with the Insurance Commission
(IC) , which are in existence and operational for at least Five hundred million pesos
(P500,000,000.00) to be determined by the IC, and with a current year certificate of authority
shall be qualified to provide for the worker's insurance coverage. Insurance companies who
have directors, partners, officers, employees or agents with relatives, within the fourth civil
degree of consanguinity or affinity, who work or have interest in any of the licensed
recruitment/manning agencies or in any of the government agencies involved in the overseas
employment program shall be disqualified from providing this workers' insurance coverage.
"The recruitment/manning agency shall have the right to choose from any of the qualified
insurance providers the company that will insure the migrant worker it will deploy. After
procuring such insurance policy, the recruitment/manning agency shall provide an
authenticated copy thereof to the migrant worker. It shall then submit the certificate of
insurance coverage of the migrant worker to POEA as a requirement for the issuance of an
Overseas Employment Certificate (OEC) to the migrant worker. In the case of seafarers who
are insured under policies issued by foreign insurance companies, the POEA shall accept
certificates or other proofs of cover from recruitment/manning agencies: Provided, That the
minimum coverage under sub-paragraphs (a) to (i) are included therein.
"Any person having a claim upon the policy issued pursuant to subparagraphs (a), (b), (c), (d)
and (e) of this section shall present to the insurance company concerned a written notice of
claim together with pertinent supporting documents. The insurance company shall forthwith
ascertain the truth and extent of the claim and make payment within ten (10) days from the
filing of the notice of claim.
"Any claim arising from accidental death, natural death or disablement under this section shall
be paid by the insurance company without any contest and without the necessity of providing
fault or negligence of any kind on the part of the insured migrant worker: Provided, That the
following documents, duly authenticated by the Philippine foreign posts, shall be sufficient
evidence to substantiate the claim:
"(1) Death Certificate - In case of natural or accidental death;
"(2) Police or Accident Report - In case of accidental death; and
"(3) Medical Certificate - In case of permanent disablement;
"For repatriation under subparagraph (d) hereof, a certification which states the reason/s for
the termination of the migrant worker's employment and the need for his or her repatriation
shall be issued by the Philippine foreign post or the Philippine Overseas Labor Office (POLO)
located in the receiving country.
"For subsistence allowance benefit under subparagraph (e), the concerned labor attaché or, in
his absence, the embassy or consular official shall issue a certification which states the name
of the case, the names of the parties and the nature of the cause of action of the migrant
worker.
"For the payment of money claims under subparagraph (f), the following rules shall govern:
"(1) After a decision has become final and executor or a settlement/compromise agreement
has been reached between the parties at the NLRC, an order shall be released mandating the
respondent recruitment/manning agency to pay the amount adjudged or agreed upon within
thirty (30) days;
"(2) The recruitment/manning agency shall then immediately file a notice of claim with its
insurance provider for the amount of liability insured, attaching therewith a copy of the
decision or compromise agreement;
"(3) Within ten (10) days from the filing of notice of claim, the insurance company shall make
payment to the recruitment/manning agency the amount adjudged or agreed upon, or the
amount of liability insured, whichever is lower. After receiving the insurance payment, the
recruitment/manning agency shall immediately pay the migrant worker's claim in full, taking
into account that in case the amount of insurance coverage is insufficient to satisfy the amount
adjudged or agreed upon, it is liable to pay the balance thereof;
"(4) In case the insurance company fails to make payment within ten (10) days from the filing
of the claim, the recruitment/ manning agency shall pay the amount adjudged or agreed upon
within the remaining days of the thirty (30)-day period, as provided in the first subparagraph
hereof;
"(5) If the worker's claim was not settled within the aforesaid thirty (30)-day period, the
recruitment/manning agency's performance bond or escrow deposit shall be forthwith
garnished to satisfy the migrant worker's claim;
"(6) The provision of compulsory worker's insurance under this section shall not affect the joint
and solidary liability of the foreign employer and the recruitment/manning agency under
Section 10;
"(7) Lawyers for the insurance companies, unless the latter is impleaded, shall be prohibited
to appear before the NLRC in money claims cases under this section.
"Any question or dispute in the enforcement of any insurance policy issued under this section
shall be brought before the IC for mediation or adjudication.
"In case it is shown by substantial evidence before the POEA that the migrant worker who was
deployed by a licensed recruitment/manning agency has paid for the premium or the cost of
the insurance coverage or that the said insurance coverage was used as basis by the
recruitment/manning agency to claim any additional fee from the migrant worker, the said
licensed recruitment/manning agency shall lose its license and all its directors, partners,
proprietors, officers and employees shall be perpetually disqualified from engaging in the
business of recruitment of overseas workers. Such penalty is without prejudice to any other
liability which such persons may have incurred under existing laws, rules or regulations.
"For migrant workers recruited by the POEA on a government-to-government arrangement,
the POEA shall establish a foreign employers guarantee fund which shall be answerable to
the workers' monetary claims arising from breach of contractual obligations. For migrant
workers classified as rehires, name hires or direct hires, they may opt to be covered by this
insurance coverage by requesting their foreign employers to pay for the cost of the insurance
coverage or they may pay for the premium themselves. To protect the rights of these workers,
the POEA shall provide them adequate legal assistance, including conciliation and mediation
services, whether at home or abroad.
"At the end of every year, the Department of Labor and Employment and the IC shall jointly
make an assessment of the performance of all insurance providers, based upon the report of
the NLRC and the POEA on their respective interactions and experiences with the insurance
companies, and they shall have the authority to ban or blacklist such insurance companies
which are known to be evasive or not responsive to the legitimate claims of migrant workers.
The Department of Labor and Employment shall include such assessment in its year-end
report to Congress.
"For purposes of this section, the Department of Labor and Employment, IC, NLRC and the
POEA, in consultation with the recruitment/manning agencies and legitimate non-government
organizations advocating the rights and welfare of overseas Filipino workers, shall formulate
the necessary implementing rules and regulations.
"The foregoing provisions on compulsory insurance coverage shall be subject to automatic
review through the Congressional Oversight Committee immediately after three (3) years from
the effectivity of this Act in order to determine its efficacy in favor of the covered overseas
Filipino workers and the compliance by recruitment/manning agencies and insurance
companies, without prejudice to an earlier review if necessary and warranted for the purpose
of modifying, amending and/or repealing these subject provisions.
Section 24. A new Section 37-B of Republic Act No. 8042, as amended, is hereby added to
read as follows:
"Sec. 37-B. Congressional Oversight Committee. - There is hereby created a Joint
Congressional Oversight Committee composed of five (5) Senators and five (5)
Representatives to be appointed by the Senate President and the Speaker of the House of
Representatives, respectively. The Oversight Committee shall be co-chaired by the
chairpersons of the Senate Committee on Labor and Employment and the House of
Representatives Committee on Overseas Workers Affairs. The Oversight Committee shall
have the following duties and functions:
"(a) To set the guidelines and overall framework to monitor and ensure the proper
implementation of Republic Act No. 8042, as amended, as well as all programs, projects and
activities related to overseas employment;
"(b) To ensure transparency and require the submission of reports from concerned
government agencies on the conduct of programs, projects and policies relating to the
implementation of Republic Act No. 8042, as amended;
"(c) To approve the budget for the programs of the Oversight Committee and all
disbursements therefrom, including compensation of all personnel;
"(d) To submit periodic reports to the President of the Philippines and Congress on the
implementation of the provisions of Republic Act No. 8042, as amended;
"(e) To determine weaknesses in the law and recommend the necessary remedial legislation
or executive measures; and
"(f) To perform such other duties, functions and responsibilities as may be necessary to attain
its objectives.
"The Oversight Committee shall adopt its internal rules of procedure, conduct hearings and Section 28. Repealing Clause. - All laws, decrees, executive orders, issuances, rules and
receive testimonies, reports, and technical advice, invite or summon by subpoena ad regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or
testificandum any public official or private citizen to testify before it, or require any person by modified accordingly.
subpoena duces tecum documents or other materials as it may require consistent with the
provisions of Republic Act No. 8042, as amended. Section 29. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at
least two (2) newspapers of general circulation.
"The Oversight Committee shall organize its staff and technical panel, and appoint such
personnel, whether on secondment from the Senate and the House of Representatives or on Approved,
temporary, contractual, or on consultancy, and determine their compensation subject to
Republic Act No. 7277
applicable civil service laws, rules and regulations with a view to ensuring a competent and
efficient secretariat. AN ACT PROVIDING FOR THE REHABILITATION, SELF-DEVELOPMENT AND SELF-
RELIANCE OF DISABLED PERSON AND THEIR INTEGRATION
"The members of the Oversight Committee shall not receive additional compensation,
allowances or emoluments for services rendered thereto except traveling, extraordinary and INTO THE MAINSTREAM OF SOCIETY AND FOR OTHER PURPOSES.
other necessary expenses to attain its goals and objectives.
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
"The Oversight Committee shall exist for a period of ten (10) years from the effectivity of this assembled:
Act and may be extended by a joint concurrent resolution."
TITLE ONE GENERAL PROVISIONS
Section 25. Implementing Rules and Regulations. - The departments and agencies charged
with carrying out the provisions of this Act, except as otherwise provided herein, in CHAPTER I Basic Principle
consultation with the Senate Committee on Labor and Employment and the House of
Representatives Committee on Overseas Workers Affairs, shall, within sixty (60) days after SECTION 1. Title This Act shall be known and cited as the Magna Carta for Disabled
the effectivity of this Act, formulate the necessary rules and regulations for its effective Persons’.
implementation.
SECTION 2. Declaration of Polity The grant of the rights and privileges for disabled
Section 26. Funding. - The departments, agencies, instrumentalities, bureaus, offices and persons shall be guided by the following principles:
government-owned and controlled corporations charged with carrying out the provisions of
(a). Disabled persons are part of the Philippine society, thus the Senate shall give full support
this Act shall include in their respective programs the implementation of this Act, the funding of
to the improvement of the total well-being of disabled persons and their integration into the
which shall be included in the General Appropriations Act. The Congressional Oversight
mainstream of society.
Committee on Overseas Workers Affairs shall have the sum of Twenty-five million pesos
(P25,000,000.00), half of which shall be charged against the current appropriations of the Toward this end, the State shall adopt policies ensuring the rehabilitation, self-development
Senate while the other half shall be charged against the current appropriations of the House of and self-reliance of disabled persons.
Representatives, to carry out its powers and functions for its initial operations and for fiscal
years wherein the General Appropriations Act is reenacted and no provision for its continued It shall develop their skills and potentials to enable them to compete favorably for available
operation is included in such Act. Thereafter, such amount necessary for its continued opportunities.
operations shall be included in the annual General Appropriations Act.
(b). Disabled persons have the same rights as other people to take their proper place in
Section 27. Separability Clause. - If, for any reason, may portion of this Act is declared society. They should be able to live freely and as independently as possible. This must be the
unconstitutional or invalid, the same shall not affect the validity of the other provisions not concern of everyone the family, community and all government and non-government
affected thereby. organizations. Disabled person’s rights must never be perceived as welfare services by the
Government.
(c). The rehabilitation of the disabled persons shall be the concern of the Government in order
to foster their capability to attain a more meaningful, productive and satisfying life. To reach
out to a greater number of disabled persons, the rehabilitation services and benefits
shall be expanded beyond the traditional urban-based centers to community based programs,
that will ensure full participation of different sectors as supported by national and local
government agencies.
(d). The State also recognizes the role of the private sector in promoting the welfare of
disabled persons and shall encourage partnership in programs that address their needs and
concerns.
(e). To facilitate integration of disabled persons into the mainstream of society, the State shall
advocate for and encourage respect for disabled persons. The State shall exert all efforts to
remove all social, cultural, economic, environmental and attitudinal barriers that
are prejudicial to disabled persons.
SECTION 3. Coverage This Act shall covers all disabled persons and, to the extend herein
provided, departments, offices and agencies of the National Government or non-government
organization involved in the attainment of the objectives of this Act.
SECTION 4. Definition of Terms For purposes of this Act, these terms are defined as
follows:
(a). Disabled Persons are those suffering from restriction of different abilities, as a result of a
mental, physical or sensory impairment, to perform an activity in the manner or within the
range considered normal for a human being;
(b). Impairment is any loss, diminution or aberration of psychological, physiological, or
anatomical structure of function;
(c). Disability shall mean (1) a physical or mental impairment that substantially limits one
or more psychological, physiological or anatomical function of an individual or activities of
such individual; (2) a record of such an impairment; or (3) being regarded as having such an
impairment;
(d). Handicap refers to a disadvantage for a given individual resulting from an impairment
or a disability, that limits or prevents the functions or activity, that is considered normal given
the age and sex of the individual;
(e). Rehabilitation is an integrated approach to physical, social, cultural, spiritual,
educational and vocational measures that create conditions for the individual to attain the
highest possible level of functional ability;
(f). Social Barriers refer to the characteristics of institutions, whether legal, economic,
cultural, recreational or other, any human group, community, or society which limit the fullest
possible participation of disabled persons in the life of the group. Social barriers include
negative attitudes which tends to single out and exclude disabled persons and which distort
roles and interpersonal relationship;
(g). Auxiliary Aids and Services include:
1) qualified interpreters or other effective methods of delivering materials to individuals with
hearing impairments;
2) qualified readers, taped tests, or other effective methods of delivering materials to
individuals with visual impairments;
3) acquisition or modification of equipment or devices; and
4) other similar services and actions or all types of aids and services that facilitate the learning
process of people with mental disability;
(h). Reasonable Accommodation include (1) improvement of existing facilities used by
employees in order to render these readily accessible to and usable by disabled persons; and
(2) modification of work schedules, reassignment to a vacant position, acquisition or
modification of equipment or devices, appropriate adjustments or modifications of
examinations, training materials or company policies, rules and regulations, the provisions of
auxiliary aids and services, and other similar accommodations for disabled persons;
(i). Sheltered Employment refers to the provision of productive work for disabled persons
through workshop providing special facilities, income producing projects or homework
schemes with a view to given them the opportunity to earn a living thus enabling them to
acquire a working capacity required in open industry.
(j). Auxiliary Social Services are the supportive activities in the delivery of social services to
the marginalized sectors of society;
(k). Marginalized Disabled Persons refer to disabled persons who lack access to rehabilitative
services and opportunities to be able to participate fully in socioeconomic activities and who
have no means of livelihood or whose incomes fall below poverty threshold;
(l). Qualified Individual with a Disability shall mean an individual with a disability who, with or
without reasonable accommodations, can perform the essential functions of the employment
position that such individual holds or desires. However, consideration shall be given to the
employer’s judgement as to what functions of a job are essential, and if an employer has
prepared a written description before advertising or interviewing applicants for the job, this
description shall be considered evidence of the essential functions of the job;
(m). Readily Achievable means a goal can be easily attained and carried out without much
difficulty or expense. In determining whether an action is readily achievable, factors to be
considered include
1) the nature and cost of the action;
2) the overall financial resources of the facility or facilities involved in the action; the number of
persons employed at such facility; the effect on expenses and
resources, or the impact otherwise of such action upon the operation of the facility;
3) the overall financial resources of the covered entity with respect to the number of its
employees; the number, type and location of its facilities; and
4) the type of operation or operations of the covered entity, including the composition,
structure and functions of the work force of such entity; the geographic
separateness, administrative or fiscal relationship of the facilities in question to the covered
entity;
(n). Public Transportation means transportation by air, land and sea that provides the public
with general or special service on a regular and continuing basis;
(o). Covered entity means employer, employment agency, labor organization or joint labor-
management committee; and
(p). Commerce shall be taken to mean a s travel, trade, traffic, commerce, transportation, or
communication among the provinces or between any foreign country or any territory or
possession and any province.
TITLE TWO RIGHTS AND PRIVILEGES OF DISABLED PERSONS
CHAPTER I – Employment
SECTION 5. Equal Opportunity for Employment No disabled
persons shall be denied access to opportunities for suitable employment. A qualified disabled
employee shall be subject to the same terms and conditions of employment and the same
compensation, privileges, benefits, fringe benefits, incentives or allowances as a qualified
able-bodied person. Five percent (5%) of all casual, emergency and contractual positions in
the Department of Social Welfare and Development; Health; Education, Culture and Sports;
and other government agencies, offices or corporations engaged in social development shall
be reserved for disabled persons.
SECTION 6. Sheltered Employment If suitable employment for disabled persons cannot
be found through open employment as provided in the immediately preceding Section, the
State shall endeavor to provide it by means of sheltered employment. In the placement of
disabled persons in sheltered employment, it shall accord due regard to the individual
qualities, vocational goals and inclinations to ensure a good working atmosphere and efficient
production.
SECTION 7. Apprenticeship Subject to the provision of the Labor Code as amended,
disabled persons shall be eligible as apprentices or learners; Provided, That their handicap is
not much as to effectively impede the performance of job operations in the particular
occupation for which they are hired; Provided, further, That after the lapse of the period of
apprenticeship if found satisfactory in the job performance, they shall be eligible for
employment.
SECTION 8. Incentives for Employer (a) To encourage the active participation of the
private sector in promoting the welfare of disabled persons and to ensure gainful employment
for qualified disabled persons, adequate incentives shall be provided to private entities which
employ disabled persons.
(b). Private entities that employ disabled persons who meet the required skills or
qualifications, either as regular employee, apprentice or learner, shall be entitled to an
additional deduction, from their gross income, equivalent to twenty-five percent (25%) of the
total amount paid as salaries and wages to disabled persons: Provided, however, That such
entities present proof as certified by the Department of Labor and Employment that disabled
person are under their employ. Provided, further, That the disabled employee is accredited
with the Department of Labor and Employment and the Department of Health as to his
disability, skills and qualifications.
(c). Private entities that improved or modify their physical facilities in order to provide
reasonable accommodation for disabled persons shall also be entitled to an additional
deduction from their net taxable income, equivalent to fifty percent (50%) of the direct costs of
the improvements or modifications. This section, however, does not apply to improvements or
modifications of facilities required under Batas Pambansa Bilang 344.
SECTION 9. Vocational Rehabilitation Consistent with the principle of equal opportunity
for disabled workers and workers in general, the State shall take appropriate vocational
rehabilitation measures that shall serve to develop the skills and potential of disabled persons
and enable them to compete favorably for available productive and remunerative employment
opportunities in the labor market. The State shall also take measures to ensure the provisions
of vocational rehabilitation and livelihood services for disabled persons in the rural areas. In
addition, it shall promote cooperation and coordination between the government and non-
government organization and other private entities engaged in vocational rehabilitation
activities.
The Department of Social Welfare and Development shall design and implement training
programs that will provide disabled persons with vocational skills to enable them to engage in
livelihood activities or obtain gainful employment. The Department of Labor and Employment
shall likewise design and conduct training programs geared towards providing disabled
persons with skills for livelihood.
SECTION 10. Vocational Guidance and Counselling The Department of Social Welfare
and Development shall implement measures providing and evaluating vocational guidance
and counselling to enable disabled persons to secure, retain and advance in employment. It
shall ensure the availability and training counsellors and other suitability qualified staff
responsible for the vocational guidance and counselling of disabled persons.
SECTION 11. Implementing Rules and Regulations The Department of Labor and
Employment shall in coordination with the Department of Social Welfare and Development
(DSWD) and National Council for the Welfare of Disabled Persons (NCWDP), shall
promulgate the rules and regulations necessary to implement the provision under this
Chapter.
CHAPTER 2 – Education
SECTION 12. Access to Quality Education The State shall ensure that disabled persons
are provided with adequate access to quality education and ample opportunities to develop
their skills. It shall take appropriate steps to make such education accessible to all disabled
persons. It shall be unlawful for any learning institutions to deny a disabled person admission
to any course it offers by reason of handicap or disability. The State shall take into
consideration the special requirements of disabled persons in the formulation of education
policies and program. It shall encourage learning institutions to take into account the special
needs of disabled persons with respect to the use of school facilities, class schedules,
physical education requirements and other pertinent consideration. The State shall also
promote the provision by learning institutions, of auxiliary services that will facilitate the
learning process for disabled persons.
SECTION 13. Assistance to Disabled Students The State shall provide financial
assistance to economically marginalized but deserving disabled students pursuing post
secondary or tertiary education. Such assistance may be in the form of scholarship grants,
student loan programs, subsidies, and other incentives to qualified disabled students in both
public and private schools. At least five percent (5%) of the allocation for the Private Education
Student Financial Assistance Program created by virtue of R.A. 6725 shall be set aside for
disabled students pursuing vocational or technical and degree courses.
SECTION 14. Special Education The State shall establish, maintain and support a
complete, adequate and integrated system of special education for the visually impaired,
hearing impaired, mentally retarded persons and other type of exceptional children in all
regions of the country. Towards this end, the Department of Education, Culture and Sports
shall establish special education classes in public schools in cities, or municipalities. It shall
also establish, where viable, Braille and Record Libraries in provinces, cities or municipalities.
The National Government shall allocate funds necessary for the effective implementation of
the special education program nationwide. Local government units may likewise appropriate
counterpart funds to supplement national funds.
SECTION 15. Vocational or Technical and Other Training Programs The State provide
disabled persons with training in civics, vocational efficiency,
sports and physical fitness, and other skills. The Department of Education, Culture and Sports
shall establish in at least one government-owned vocational
and technical school in every province a special vocational and technical training program for
disabled persons. It shall develop and implement sports and
physical fitness program specifically designed for disabled persons taking into consideration
the nature of their handicap. SECTION 16. Non-Formal Education The State shall develop
nonformal education programs intended for the total human development of disabled persons.
It shall provide adequate resources for non-formal education programs and projects that cater
to the special needs of disabled persons.
SECTION 17. State Universities and Colleges If viable and needed, the State Universities
or State Colleges in each region or province shall be responsible for (a) the development of
material appliances and technical aids for disabled persons; (b) the development of training
materials for vocational rehabilitation and special education instructions; and (c) the research
on special problems, particularly of the visually-impaired, hearing-impaired, and
orthopedically-impaired students, mentally retarded, and multi-handicapped and other, and the
elimination of social barriers and discrimination against disabled persons; and (d) inclusion of
the Special Education for Disabled (SPED) course in the curriculum. The National
Government shall provide these state universities and colleges with the necessary special
facilities for visually-impaired, hearingimpaired, speech impaired, and orthopedically-impaired
students. It shall likewise allocate the necessary funds in support of the above.
CHAPTER 3 – Health
SECTION 18. National Health Program The Department of Health, in coordination with
National Council for the Welfare of Disabled Persons, shall institute a national health program
which shall aim to attain the following:
(a). prevention of disability, whether occurring prenatally or post-natally;
(b). recognition and early diagnosis of disability; and
(c). early rehabilitation of the disabled.
SECTION 19. Rehabilitation Centers The Department of Health shall establish medical
rehabilitation centers in government provincial hospitals, and shall include it annual
appropriation the necessary funds for the operation of such centers. The Department of
Health shall formulate and implement a program to enable marginalized disabled persons to
avail of free rehabilitation services in government hospitals.
SECTION 20. Health Services The State shall protect and promote the right to health of
disabled persons and shall adopt an integrated and comprehensive approach to their health
development which shall make essential health services available to them at affordable cost.
The National Government shall provide an integrated health service for disabled persons
which shall include, but not limited to, the following:
(a). prevention of disability through immunization, nutrition, environmental protection and
preservation, and genetic counselling; and early detection of disability and timely intervention
to arrest disabling condition; and
(b). medical treatment and rehabilitation.
The Department of Health shall field medical personnel specializing in the treatment and
rehabilitation of disabled persons to provincial hospitals and, when
viable, to municipal health centers. It shall also train its field health personnel in the provision
of medical attention to disabled persons. It shall further ensure that its field health units have
the necessary capabilities to fit prosthetic and orthotic appliances on disabled persons.
CHAPTER 4 Auxiliary Social Services
SECTION 21. Auxiliary Social Services The State shall ensure that marginalized persons
are provided with the necessary auxiliary services that will restore their social functioning and
participation in community affairs. Toward this end, the Department of Social Welfare and
Development shall develop and implement programs on auxiliary social services that respond
to the needs of marginalized disabled persons. The components of such a program shall be
as follows:
(a). assistance in the acquisition of prosthetic devices and medical intervention of specialty
services;
(b). provision of specialized training activities designed to improved functional limitations of
disabled persons related to communications skills;
(c). development among disabled persons of a positive self-image through the provision of
counselling, orientation and mobility and strengthening daily living capability;
(d). provision of family care services geared towards developing the capability of families to
respond to the needs of the disabled members of the family;
(e). provision of substitute family care services and the facilities therefore for abandoned,
neglected, abused and unattached disabled persons who need custodial care;
(f). provision of after care and follow-up services for the continued rehabilitation in a
community-based setting of disabled persons who were released from the residential care or
rehabilitation center; and
(g). provision of day care services for disabled children of pre-school age.
CHAPTER 5 – Telecommunications
SECTION 22. Broadcast Media Television stations shall be encouraged to provide a sign
language inset or subtitles in at least one (1) newscast program a day and special program
covering events of national significance.
SECTION 23. Telephone Services All telephone companies shall be encouraged to install
special telephone devices or units for the hearing-impaired and ensure that they are
commercially available to enable them to communicate through the telephone system.
SECTION 24. Free Postal Charges for the Disabled Postal charges shall be free on the
following:
(a). article and literature like books and periodicals, orthopedic and other devices, and
teaching aids for the use of the disabled sent by mail within the Philippines and abroad; and
(b). aids and orthopedic devices for the disabled sent abroad by mail for repair; Provided, That
the aforesaid items are for personal purposes only: Provided further, That the disabled person
is a marginalized disabled as certified
by the Social Welfare and Development Office of the local government unit concerned or the
Department of Social Welfare and Development.
CHAPTER 6 – Accessibility
SECTION 25. Barrier-Free Environment The State shall ensure the attainment of a barrier-
free environment that will enable disabled persons to have access in public and private
buildings and establishments and such other places mentioned in Batas Pambansa Bilang
344, otherwise known as the Accessibility Law’. The national and local government shall
allocate funds for the provision of architectural or structural features for disabled persons in
government buildings and facilities.
SECTION 26. Mobility The State promote the mobility of disabled persons. Disabled
persons shall be allowed to drive motor vehicles, subject to the rules and regulations issued
by the Land Transportation Office pertinent to the nature of their disability and the appropriate
adaptations or modifications made on such vehicles.
SECTION 27. Access to Public Transport Facilities The Department of Social Welfare and
Development shall develop a program to assist marginalized disabled persons gain access in
the use of public transport facilities. Such assistance may be in the form of subsidized
transportation fare. The said department shall also allocate such funds as may be necessary
for the effective implementation of the public transport program for the disabled persons.
The Accessibility Law,’ as amended, shall be made supplementary to this Act.
SECTION 28. Implementing Rules and Regulations The Department of Transportation and
Communications shall formulate the rules and regulations necessary to implement the
provision of this Chapter.
CHAPTER 7 Political and Civil Rights
SECTION 29. System of Voting Disabled persons shall be allowed to be assisted by a
person of his choice in voting in the national or local elections. The person thus chosen shall
prepare ballot for the disabled voter inside the voting booth. The person assisting shall bind
himself in a formal document under oath to fill out the ballot strictly in accordance with the
instructions of the voter and not to reveal the contents of the ballot prepared by him. Violation
of this provision shall constitute an election offense. Polling places should be made accessible
to disabled persons during the national or local elections.
SECTION 30. Right to Assemble Consistent with the provisions of the Constitution, the
State shall recognize the right of disabled persons to participate in processions, rallies,
parades, demonstrations, public meetings, and assemblages or other forms of mass or
concerted action held in public.
SECTION 31. Right to Organize The State recognize the rights of disabled persons to
form organizations or associations that promote their welfare and advance or safeguard their
interests. The National Government, through its agencies, instrumentalities and subdivisions,
shall assist disabled persons in establishing self-help organizations by providing them with
necessary technical and financial assistance. Concerned government agencies and offices
shall establish close linkages with organizations of disabled persons in order to respond
expeditiously to the needs of disabled persons. National line agencies and local government
units shall assist disabled persons in setting up specific projects that will be managed like
business propositions. To ensure the active participation of disabled persons in the social
economic development of the country, their organizations shall be encouraged to participate in
the planning, organization and management of government programs and projects for
disabled persons. Organizations of disabled persons shall participate in the identification and
preparation of programs that shall serve to develop employment opportunities for the disabled
persons.
TITLE THREE PROHIBITION ON DISCRIMINATION AGAINST DISABLED PERSONS
CHAPTER 1 Discrimination on Employment
SECTION 32. Discrimination on Employment No entity, whether public or private, shall
discriminate against a qualified disabled person by reason of disability in regard to job
application procedures, the hiring, promotion, or discharge of employees, employee
compensation, job training, and other terms, conditions, and privileges of employment. The
following constitute acts of discrimination:
(a). Limiting, segregating or classifying a disabled job applicant in such a manner that
adversely affects his work opportunities;
(b). Using qualification standards, employment tests or other selection criteria that screen out
or tend to screen out a disabled person unless such standards, tests or other selection criteria
are shown to be jobrelated for the position on question and are consistent with business
necessity;
(c). Utilizing standards, criteria, or methods of administration that:
1). have the effect of discrimination on the basis of disability; or
2). perpetuate the discrimination of others who are subject to common administrative control;
(d). Providing less compensation, such as salary, wage or other forms of remuneration and
fringe benefits, to a qualified disabled employee, by reason of his disability, than the amount to
which a non-disabled person performing the same work is entitled;
(e). Favoring a non-disabled employee over a qualified disabled employee with respect to
promotion, training opportunities, study and scholarship grants, solely on account of the
latter’s disability;
(f). Re-assigning or transferring a disabled employee to a job or position he cannot perform by
reason of his disability;
(g). Dismissing or terminating the services of a disabled employee by reason of his disability
unless the employer can prove that he impairs the satisfactory performance of the work
involve to the prejudice of the business entities; Provided, however, That the employer first
sought provide reasonable accommodations for disabled persons;
(h). Failing to select or administer in the effective manner employment tests which accurately
reflect the skills, aptitude or other factor of the disabled applicant or employee that such test
purports to measure, rather than the impaired sensory, manual or speaking skills of such
applicant or employee, if any; and
(i). Excluding disabled persons from membership in labor unions or similar organization.
SECTION 33. Employment Entrance Examination Upon an offer of employment, a
disabled applicant may be subjected to medical examination, on the following occasions:
(a). all entering employees are subjected to such an examination regardless of disability;
(b). information obtained during the medical condition or history of the applicant is collected
and maintained on separate forms and in separate medical files and is treated as a
confidential medical record, Provided, however, That:
1). supervisors and managers may be informed regarding necessary restrictions on the work
or duties of the employees and necessary accommodations;
2). first aid and safety personnel my be informed, when appropriate, if the disability might
require emergency treatment;
3). government officials investigating compliance with this Act shall be provided relevant
information on request; and
4). the results of such examination are used only accordance with this Act.
CHPTER 2 Discrimination on Transportation
SECTION 34. Public Transportation It shall be considered discrimination for the franchises
or operators and personnel of sea, land, and air transportation facilities to charge higher fare
or to refuse to convey a passenger, his orthopedic devices, personal effects, and merchandise
by reason of his disability.
CHAPTER 3 Discrimination on the Use of Public
Accommodations and Services
SECTION 35. Public Accommodations and Services For purposes of this Chapter, public
accommodations and services shall include the following:
(a). an inn, hotel, motel, or other place of lodging, except for an establishment located within a
building that contains not more than five (5) rooms for rent or hire and that is actually occupied
by the proprietor of such establishment as the residence of such proprietor;
(b). a restaurant, bar or other establishment serving food or drink;
(c). a motion picture, theater, concert hall, stadium, or other place of exhibition or
entertainment;
(d). an auditorium, convention center, lecture hall, or other place of public gathering;
(e). a bakery, grocery store, hardware store, shopping center, or other sales or rental
establishment;
(f). a bank, barber-shop, beauty-shop, travel service, funeral parlor, gas station, office of a
lawyer, pharmacy, insurance office, professional office of a health care provider, hospital or
other service establishment;
(g). a terminal, depot, or other station used for specified public transportation;
(h). a museum, gallery, library or other place of public display or collection;
(i). a park, zoo, amusement park, or other place of recreation;
(j). a nursery, elementary, secondary, undergraduate, or post-graduate private school, or other
place of education;
(k). a gymnasium, health spa, bowling alley, golf course; or
(l). other place of exercise or recreation.
SECTION 36. Discrimination on the Use of Public Accommodations
(a) No disabled persons shall be discriminated on the basis of disability in the full and equal
enjoyment of the goods, services, facilities, privileges, advantages
or accommodations of any place of public accommodation by any person who owns, leases,
or operates a place of public accommodation. The following constitute acts of discrimination:
1). denying a disabled person, directly through contractual, licensing, or other arrangement,
the opportunity to participate in or benefit from the goods, services, facilities, privileges,
advantages, or accommodations of an entity by reason of his disability;
2). affording a disabled person, on the basis of his disability, directly or through contractual,
licensing, or other arrangement, with the opportunity to participate in or benefit from a good,
service, facility, privilege, advantage, or accommodation that is not equal to that afforded to
other able-bodied persons; and
3). providing disability, directly or through contractual, licensing, or other arrangement, with a
good, service, facility, advantages, privilege, or accommodation that is different or separate
from that provided to other able-bodied persons unless such action is necessary to provide
the disabled person with a good, service, facility, advantage, privilege or accommodation, or
other opportunity that is as effective as that provided to others;
For purpose of this section, the term individuals or class individuals’ refers to the clients or
customers of the covered public accommodation that enters into the contractual, licensing or
other arrangement.
(b). Integrated Settings Goods, services, facilities, advantages, and accommodations shall
be afforded to an individual with a disability in the most integrated setting appropriate to the
needs of the individual.
(c). Opportunity to Participate Not withstanding the existence of separate or different
programs or activities provided in accordance with this section, an individual with a disability
shall not be denied the opportunity to participate in such programs or activities that are not
separate or different.
(d). Association It shall be discriminatory to exclude or otherwise deny equal goods,
services, facilities, advantages, privileges, accommodations or other opportunities to an
individual or entity because of the known disability of an individual with whom the individual or
entity is known to have a relationship or association.
(e). Prohibitions For purposes of this Section, the following shall be considered as
discriminatory.
1). the imposition or application of eligibility criteria that screen out or tend to screen out an
individual with a disability or any class or individuals with disabilities from fully and equally
enjoying and goods, services, facilities, privileges, advantages, accommodations, unless such
criteria can be shown to be necessary for the provision of the goods, services, facilities,
privileges, or accommodations being offered;
2). a failure to make reasonable modifications in policies, practices, or procedures, when such
modification are necessary to afford such goods, services, facilities, privileges, advantages or
accommodations to individuals with disabilities, unless the entity can demonstrate that making
such modification would fundamentally alter the nature of the goods, facilities, services,
privileges, advantages, or accommodations;
3). Failure to take steps as may be necessary to ensure that no individual with disability is
excluded, denied services, segregated or otherwise treated differently than other individuals
because of the absence of auxiliary aids and services, unless the entity can demonstrate that
taking such steps would fundamentally alter the nature of the good, service, facility, privilege
or would result in undue burden;
4). a failure to remove architectural barriers, and communication barriers that are structural in
nature, in existing facilities, where such removal is readily achievable; and
5). where an entity can demonstrate that the removal of a barrier under clause (4) is not
readily achievable, a failure to make such goods, services, facilities, privileges, advantages, or
accommodations available through alternative methods if such methods are readily
achievable.
SECTION 37. Use of Government Recreational or Sports Centers
Free of Charge Recreational or sports centers owned or operated by the Governent shall
be used, free of charge, by marginalized disabled persons during their social, sports or
recreation activities.
SECTION 38. Implementing Rules and Regulations The Department of Public Works and
Highway shall formulate the rules and regulations necessary to implement the provisions of
this Chapter.
TITLE FOUR FINAL PROVISIONS
SECTION 39. Housing Program The National Government shall take into consideration in
its national shelter programs the special housing requirement of disabled persons.
SECTION 40. Role of National Agencies and Local Government Units Local government
units shall promote the establishment of organizations of disabled persons in their respective
territorial jurisdictions. National agencies and local government units may enter into joint 7). additional deduction for labor expense;
ventures with organizations or associations of disabled persons to explore livelihood
opportunities and other undertaking that shall enhance the health, physical fitness and the 8). tax and duty exemption on imported capital equipment;
economic and social well-being of disabled persons.
9). tax credit on domestic capital equipment;
SECTION 41. Support From Non-government Organizations Nongovernment
10). exemption from contractor’s tax;
organizations or private volunteer organizations dedicated to the purpose of promoting and
enhancing the welfare of disabled persons shall, as they, are hereby encouraged, become 11). simplification of customs procedures;
partners of the Government in the implementation of vocational rehabilitation measures and
other related programs and projects. Accordingly, their participation in the implementation of 12). unrestricted use of consigned equipment;
said measures, program and projects is to be extended all possible support by the
Government. The Government shall sponsor a volunteer service program which shall harness 13). employment of foreign nationals;
the involvement of private individual in the provision of assistance to disabled persons.
14). tax credits for taxes and duties on raw materials;
SECTION 42. Tax Incentives (a) Any donation, bequest, subsidy or financial aid which
15). access to bonded manufacturing/trading warehouse system;
may be made to government agencies engaged in the rehabilitation of disabled persons and
organizations of disabled persons shall be exempt form the donor’s tax subject to the 16). exemption from taxes and duties on imported spare parts; and
provisions of Section 94 of the National Internal Revenue Code (NIRC), as amended and shall
be allowed as deduction from the donor’s gross income for purposes of computing the taxable 17). Exemption from wharfage dues and any export tax, duty, impostand free.
income subject to the provisions of Section 29 (h) of the Code.
SECTION 43. Continuity Clause Should any department or agency tasked with the
(b). Donations from foreign countries shall be exempt from taxes and duties on importation enforcement or formulation of rules and regulations and guidelines for implementation of any
subject to the provisions of Section 105 of the Tariff and Customs Code of the Philippines, as provisions of this Act is abolished, merge with another department or agency or modified, such
amended, Section 103 of the NIRC, as amended and other relevant laws and international shall not affect the enforcement or formulation of rules, regulations and guidelines for
agreements. implementation of this Act to the effect that

(c). Local manufacturing of technical aids and appliances used by disabled persons shall be (a). In case of abolition, the department or agency established to replace the abolished
considered as a preferred area of investment subject to the provisions of Executive Order No. department or agency shall take-over the functions under this Act of the abolished department
226 otherwise known as the Omnibus Investments Code of 1987’ and, as such, shall enjoy or agency.
the rights, privileges and incentives as provided in said Code such as, but not limited, to the
following: (b). In case of the department or agency tasked with the enforcement of formulation of rules,
regulations and guidelines for implementation of this Act is merged with another department or
1). repatriation of investments; agency, the former shall continue the functions under this Act of the merged department or
agency.
2). remittance of earnings;
(c). In case of modification, the department or agency modified shall continue the functions
3). remittance of payments on foreign contracts; under this Act of the department or agency that has undergone modification.
4). freedom from expropriations; SECTION 44. Enforcement by the Secretary of Justice
5). freedom from requisition of investment; (a). Denial of Right
6). income tax holiday;
1). Duty to Investigate the Secretary of Justice shall investigate alleged violations of this (d). If the violator is an alien or a foreigner, he shall be deported immediately after service of
Act, and shall undertake periodic reviews of compliance of covered entities under this Act. sentence without further deportation proceedings.

(b). Potential Violations If the Secretary of Justice has reasonable cause to believe that
1). any person or group of persons is engaged in a pattern of practice of discrimination under
this Act; or
2). any person or group of persons has been discriminated against under this Act and such
discrimination raises and issue of general public importance, the Secretary of Justice may
commence a legal action in any appropriate court.
SECTION 45. Authority of Court The court may grant any equitable relief that such court
considers to be appropriate, including, to the extent required
SECTION 47. Appropriations The amount necessary to carry out the provision of this Act
shall be included in the General Appropriation Act of the year following its enactment into law
and thereafter.
SECTION 48. Separability Clause Should any provision of this Act be found
unconstitutional by a court of law, such provisions shall be severed from the remainder of the
Act, and such action shall not affect the enforceability of the remaining provisions of this Act.
SECTION 49. Repealing Clause All laws, presidential decrees, executive orders and rules
and regulations inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

by this Act: SECTION 50. Effectivity This Act shall take effect fifteen (15) days after its publication in
any two (2) newspaper of general circulation.
(a). granting temporary, preliminary or permanent relief;

(b). providing an auxiliary aid or service, modification of policy, practice or procedure, or

alternative method; and

(c). making facilities readily accessible to and usable by individuals with disabilities.

SECTION 46. Penal Clause (a) Any person who violates any provision of this Act shall
suffer the following penalties:

1). for the first violation, a fine of not less than Fifty thousand pesos (P 50,000.00) but not
exceeding One hundred thousand pesos(P 100,000.00) or imprisonment of not less than six
(6) months but not more than two (2) years, or both at the discretion of the court; and

2). for any subsequent violation, a fine of not less than One hundred thousand pesos (P
100,000.00) but not exceeding Two hundred thousand pesos (P 200,000.00) or imprisonment
for less than two (2) years but not more than six (6) years, or both at the discretion of the
court.

(b). Any person who abuses the privileges granted herein shall be punished with imprisonment
of not less than six (6) months or a fine of not less than Five thousand pesos (P 5,000.00) but
not more than Fifty thousand pesos (P 50,000.00), or both, at the discretion of the court.

(c). If the violator is a corporation, organization or any similar entity, the officials thereof
directly involved shall be liable therefor.

[ Republic Act No. 10070]
ESTABLISHING INSTITUTIONAL MECHANISM TO ENSURE THE IMPLEMENTATION OF
PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES IN EVERY PROVINCE,
CITY AND MUNICIPALITY, AMENDING REPUBLIC ACT NO. 7277, OTHERWISE KNOWN
AS THE MAGNA CARTA FOR DISABLED PERSONS, AS AMENDED, AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Section 1. Section 40 of Republic Act No. 7277, as amended, is hereby further amended to
read as follows:
Sec. 40. Role of National Agencies and Local Government Units. (a) Local government units
shall promote the establishment of organizations of persons with disabilities (PWDs) in their
respective territorial jurisdictions. National agencies and local government units may enter into
joint ventures with organizations or associations of PWDs to explore livelihood opportunities
and other undertakings that shall enhance the health, physical fitness and the economic and
social well-being of PWDs.
(b) Local government units shall organize and establish the following:
(1) Persons with Disability Affairs Office (PDAO)
PDAO shall be created in every province, city and municipality. The local chief executive shall
appoint a PWD affairs officer who shall manage and oversee the operations of the office,
pursuant to its mandate under this Act. Priority shall be given to qualified PWDs to head and
man the said office in carrying out the following functions:
Formulate and implement policies, plans and programs for the promotion of the welfare of
PWDs in coordination with concerned national and local government agencies;
(ii) Coordinate the implementation of the provisions of this Act, Batas Pambansa Blg. 344,
otherwise known as the Accessibility Law, and other relevant laws at the local level;
(iii) Represent PWDs in meetings of local development councils and other special bodies;
(iv) Recommend and enjoin the participation of nongovernment organizations (NGOs) and
people’S organizations (POs) in the implementation of all disability-related laws and policies;
(v) Gather and compile relevant data on PWDs in their localities;
(vi) Disseminate information including, but not limited to, programs and activities for PWDs,
statistics on PWDs, including children with disability, and training and employment
opportunities for PWDs;
(vii) Submit reports to the office of the local chief executive on the implementation of programs
and services for the promotion of the welfare of PWDs in their respective areas of jurisdiction;
(viii) Ensure that the policies, plans and programs for the promotion of the welfare of PWDs
are funded by both the national and local government;
(ix) Monitor fundraising activities being conducted for the benefit of PWDs;
(x) Seek donations in cash or in kind from local or foreign donors to implement an approved
work plan for PWDs, in accordance with existing laws and regulations; and
(xi) Perform such other functions as may be necessary for the promotion and protection of the
welfare of the PWDs.
(2) Focal Person
In consideration of budget restraints, local chief executives of fourth (4 th), fifth (5th) and sixth
(6th) class municipalities may, in lieu of the creation of a PDAO, designate a focal person who
shall perform the functions of the PDAO. Priority in appointment should be given to a PWD
with experience in providing services to PWDs.
The establishment of a PDAO or the appointment of a focal person, as the case may be,
should be done in consultation and coordination with the National Council on Disability Affairs
(NCDA), NGOs and POs.
SEC. 2. References to the term “Disabled Persons” on the title and other sections of the same
Act are hereby amended to read as “Persons with Disabilities (PWDs).
SEC. 3. Within three (3) years after the effectivity of this Act, appropriate agencies, headed by
the Department of Social Welfare and Development (DSWD), in consultation with the NCDA
and relevant NGOs and POs, shall review its implementation and recommend to Congress the
need to mandate the establishment of a PDAO in fourth (4 th), fifth (5th) and sixth (6th) class
municipalities.
SEC. 4. In order to effectively carry out the objectives of Republic Act No. 7277, the National
Government, through the DSWD, shall ensure that the annual budget includes provisions to
fund programs and provide support for PWDs.
Local government units shall likewise ensure that the necessary fund from any available local
revenues is allocated for the implementation of this Act for the benefit of PWDs in their
jurisdictions.

SEC. 5. Repealing Clause. All laws, presidential decrees, executive orders, and rules and
regulations inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

SEC. 6. Separability Clause. If any provision of this Act is declared unconstitutional, the same
shall not affect the validity and effectivity of the other provisions hereof.

SEC. 7. Effectivity. This Act shall take effect fifteen (15) days after its publication in two (2)
newspapers of general circulation or in the Official Gazette, whichever comes first.

Approved:

Republic Act 9442
Republic of the Philippines
Congress of the Philippines
Metro Manila
Thirteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two thousand and
six.
AN ACT AMENDING REPUBLIC ACT NO. 7277, OTHERWISE KNOWN AS THE “MAGNA
CARTA FOR DISABLED PERSONS, AND FOR OTHER PURPOSES”
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
SECTION 1. a new chapter, to be denominated as “Chapter 8. Other privileges and
Incentives” is hereby added to Title Two of Republic Act No. 7277, otherwise known as the
“Magna Carta for Disabled Persons”, with new Sections 32 and 33, to read as follows:
“CHAPTER 8. Other Privileges and Incentives
“SEC. 32. Persons with disability shall be entitled to the following:
(a) At least twenty percent (20%) discount from all establishments relative to the utilization of
all services in hotels and similar lodging establishments; restaurants and recreation centers
for the exclusive use or enjoyment of persons with disability;
(b) A minimum of twenty percent (20%) discount on admission fees charged by theaters,
cinema houses, concert halls, circuses, carnivals and other similar places of culture, leisure
and amusement for the exclusive use of enjoyment of persons with disability;
(c) At least twenty percent (20%) discount for the purchase of medicines in all drugstores for
the exclusive use or enjoyment of persons with disability;
(d) At least twenty percent (20%) discount on medical and dental services including diagnostic
and laboratory fees such as, but not limited to, x-rays, computerized tomography scans and
blood tests, in all government facilities, subject to guidelines to be issued by the Department
of Health (DOH), in coordination with the Philippine Health Insurance Corporation
(PHILHEALTH);
(e) At least twenty percent (20%) discount on medical and dental services including diagnostic
and laboratory fees, and professional fees of attending doctors in all private hospitals and
medical facilities, in accordance with the rules and regulations to be issued by the DOH, in
coordination with the PHILHEALTH;
(f) At least twenty percent (20%) discount on fare for domestic air and sea travel for the
exclusive use or enjoyment of persons with disability;
(g) At least twenty percent (20%) discount in public railways, skyways and bus fare for the
exclusive use and enjoyment of person with disability;
(h) Educational assistance to persons with disability, for them to pursue primary, secondary,
tertiary, post tertiary, as well as vocational or technical education, in both public and private
schools, through the provision of scholarships, grants, financial aids, subsidies and other
incentives to qualified persons with disability, including support for books, learning material,
and uniform allowance to the extent feasible: Provided, That persons with disability shall meet
minimum admission requirements;
(i) To the extent practicable and feasible, the continuance of the same benefits and privileges
given by the Government Service Insurance System (GSIS), Social Security System (SSS),
and PAG-IBIG, as the case may be, as are enjoyed by those in actual service;
(j) To the extent possible, the government may grant special discounts in special programs for
persons with disability on purchase of basic commodities, subject to guidelines to be issued
for the purpose by the Department of Trade and Industry (DTI) and the Department of
Agricultural (DA); and
(k) Provision of express lanes for persons with disability in all commercial and government
establishments; in the absence thereof, priority shall be given to them.
The abovementioned privileges are available only to persons with disability who are Filipino
citizens upon submission of any of the following as proof of his/her entitlement thereto:
(I) An identification card issued by the city or municipal mayor or the barangay captain of the
place where the persons with disability resides;
(II) The passport of the persons with disability concerned; or
(III) Transportation discount fare Identification Card (ID) issued by the National Council for the
Welfare of Disabled Persons (NCWDP).
The privileges may not be claimed if the persons with disability claims a higher discount sa
may be granted by the commercial establishment and/or under other existing laws or in
combination with other discount programs/s.
The establishments may claim the discounts granted in sub-sections (a), (b), (c), (f) and (g) as
tax deductions based on the net cost of the goods sold or services rendered: Provided,
further, That the total amount of the claimed tax deduction net of value-added tax if applicable,
shall be included in their gross sales receipts for tax purposes and shall be subject to proper
documentation and to the provisions of the National Internal Revenue Code (NIRC), as
amended.”
“SEC. 33. Incentives. – Those caring for and living with a person with disability shall be
granted the following incentives:
(a) Persons with disability shall be treated as dependents under the Section 35 (A) of the
National Internal Revenue Code, as amended and as such, individual taxpayers caring for
them shall be accorded the privileges granted by the code insofar as having dependents
under the same section are concerned; and
(b) Individuals or nongovernmental institutions establishing homes, residential communities or
retirement villages solely to suit the needs and requirements of persons with disability shall be
accorded the following:
(i) Realty tax holiday for the first five years of operation; and
(ii) Priority in the building and/or maintenance of provincial or municipal roads leading to the
aforesaid home, residential community or retirement village.”
SEC. 2. Republic Act No. 7277 is hereby amended inserting a new title, chapter and section
after Section 38 be denominated as title 4, chapters 1 and 2 and Sections 40, 41 and 42 to
read as follows:
“Title Four
Prohibitions on Verbal, Non-verbal Ridicule
and Vilification Against Persons with Disability
“CHAPTER 1. Deliverance from Public Ridicule
“SEC. 39. Public Ridicule. – For purposes of this chapter, public ridicule shall be defined as an
act of making fun or contemptuous imitating or making mockery of persons with disability
whether in writing, or in words, or in action due to their impairment/s.
“SEC. 40. No individual, group or community shall execute any of these acts of ridicule
against persons with disability in any time and place which could intimidate or result in loss of
self-esteem of the latter.
“CHAPTER 2. Deliverance from Vilification
“SEC 41. Vilification. – For purposes of this Chapter, vilification shall be defined as:
(a) The utterance of slanderous and abusive statements against a person with disability;
and/or
(b) An activity in public which incites hatred towards, serious contempt for, or severe ridicule of
persons with disability.”
“SEC. 42. Any individual, group or community is hereby prohibited from vilifying any person
with disability which could result into loss of self-esteem of the latter.”
SEC. 3. Section 46 of Republic Act No. 7277 is hereby amended to read as follows:
“SEC. 46. Penal Clause. – (a) Any person who violates any provision of this Act shall suffer
the following penalties:
(1) For the first violation, a fine of not less than Fifty Thousand pesos (P50,000.00) but not
exceeding One hundred thousand pesos (P100,000.00) or imprisonment of not less than six
months but not more than two years, or both at the discretion of the court; and
(2) For any subsequent violation, a fine of not less than One hundred thousand pesos
(P100,000.00) but not exceeding Two hundred thousand pesos (P200,000.00) or
imprisonment for not less than two years but not more than six years, or both at the discretion
of the court.
(b) Any person who abuses the privileges granted herein shall be punished with imprisonment
of not less than six months or a fine of not less than Five thousand pesos (P5,000.00), but not
more than Fifty thousand pesos (P50,000.00), or both, at the discretion of the court.
(c) If the violator is a corporation, organization or any similar entity, the officials thereof directly
involved shall be liable therefore.
(d) If the violator is an alien or a foreigner, he shall be deported immediately after service of
sentence without further deportation proceedings.
Upon filing of an appropriate complaint, and after due notice and hearing, the proper
authorities may also cause the cancellation or revocation of the business permit, permit to
operate, franchise and other similar privileges granted to any business entity that fails to abide
by the provisions of this Act.”

SEC. 4. The title of Republic Act No. 7277 is hereby amended to read as the “Magna Carta for
Persons with Disability”, and all references on the said law to “Disabled persons” shall likewise
be amended to read as “persons with disability”.

SEC. 5. The Department of Social Welfare and Development, the National Council for the
Welfare of Disabled Persons, and the Bureau of Internal Revenue, in consultation with the
concerned Senate and House committees and other agencies, organizations, establishments
shall formulate implementing rules and regulations pertinent to the provision of this Act within
six months after the effectivity of this Act.

SEC. 6. This Act shall take effect fifteen (15) days after its publication in any two newspapers
of general circulation.

Approved,

DELIA D. ROMERO, G.R. No. 171644
Petitioner,
Present:
VELASCO, JR., J., Chairperson,
- versus - PERALTA,
ABAD,
PEREZ,* and
MENDOZA, JJ.
PEOPLE OF THE PHILIPPINES, ROMULO
PADLAN and ARTURO SIAPNO,
Respondents. Promulgated:
November 23, 2011
x----------------------------------------------------------------------------------------x
PERALTA, J .:
This is to resolve the Petition for Review on Certiorari[1] dated March 25, 2006 of petitioner
Delia D. Romero assailing the Decision[2] dated July 18, 2005 and Resolution[3]dated February
13, 2006 of the Court of Appeals (CA), affirming the Decision[4] dated February 24, 2004 of the
Regional Trial Court (RTC), Branch 44, Dagupan City, finding petitioner guilty beyond
reasonable doubt of the crime of Illegal Recruitment as defined in paragraph (a) of Article 38
of Presidential Decree (P.D.) No. 2018.
The records contain the following antecedent facts:
Private respondent Romulo Padlan (Romulo) was a former classmate of petitioner in
college. Sometime in September 2000 Romulo went to petitioner's stall (wedding gown
rentals) at W. A. Jones St., Calasiao, Pangasinan to inquire about securing a job in Israel.
Convinced by petitioner's words of encouragement and inspired by the potential salary of
US$700.00 to US$1,200.00 a month, Romulo asked petitioner the amount of money required
in order for him to be able to go to Israel. Petitioner informed him that as soon as he could
give her US$3,600.00, his papers would be immediately processed. To raise the amount,
Romulo secured a loan from a bank and borrowed some more from his friends.When he was
able to raise the amount, Romulo went back to petitioner and handed her the
money. Petitioner contacted Jonney Erez Mokra who instructed Romulo to attend a briefing at
his (Jonney's) house in Dau, Mabalacat, Pampanga. Romulo was able to leave for Israel on
October 26, 2000 and was able to secure a job with a monthly salary of
US$650.00. Unfortunately, after two and a half months, he was caught by Israel's immigration
police and detained for 25 days. He was subsequently deported because he did not possess a
working visa. On his return, Romulo demanded from petitioner the return of his money, but the
latter refused and failed to do so.
On the other hand, private respondent Arturo Siapno is petitioner's nephew. Sometime in
August 2000, he went to petitioner's stall. He was convinced by the petitioner that if he could
give her US$3,600.00 for the processing of his papers, he could leave the country within 1 to
2 weeks for a job placement in Israel. Arturo contacted a relative in the U.S. to ask the latter to
cover the expenses for the former's overseas job placement. The relative sent the
US$3,000.00 to Teresita D. Visperas, petitioner's sister in Israel. Petitioner processed Arturo's
papers and contacted Jonney Erez Mokra. Jonney instructed Arturo to attend a briefing in
Dau, Mabalacat, Pampanga. Afterwards, Arturo left for Israel sometime in September
2000. He was able to work and receive US$800.00 salary per month. After three months of
stay in Israel, he was caught by the immigration officials, incarcerated for ten days and was
eventually deported. After arriving in the country, Arturo immediately sought the
petitioner. Petitioner promised him that she would send him back to Israel, which did not
happen.
Arturo, after learning that Romulo suffered the same fate, checked with the Department of
Labor and Employment (DOLE) Dagupan District Office whether petitioner, Teresita D.
Visperas and Jonney Erez Mokra had any license or authority to recruit employees for
overseas employment. Finding that petitioner and the others were not authorized to recruit for
overseas employment, Arturo and Romulo filed a complaint against petitioner, Teresita and
Jonney before the National Bureau of Investigation (NBI).
Consequently, an Information dated June 18, 2001 was filed against petitioner and Jonney
Erez Mokra for the crime of Illegal Recruitment which reads as follows:
That sometime in the month of August and September 2000 in the Municipality of Calasiao,
Province of Pangasinan, Philippines, and within the jurisdiction of this Honorable Court, the
above-named accused, not being licensee or holder of authority, conspiring, confederating
and mutually helping one another, did then and there, wilfully, unlawfully and feloniously
undertake and perform recruitment activity by recruiting ARTURO SIAPNO and ROMULO
PADLAN to a supposed job abroad particularly in Israel, for a fee, without first securing the
necessary license and permit to do the same.
CONTRARY to Art. 38 (a) of P.D. 442, as amended by P.D. 2018.
Upon arraignment on August 20, 2001, petitioner, with the assistance of her counsel pleaded
not guilty, whereas accused Jonney Erez Mokra was and is still at-large. Thereafter, trial on
the merits ensued.
To establish the facts earlier mentioned, the prosecution presented the testimonies of Romulo
Padlan and Arturo Siapno. Petitioner, on the other hand, offered her own testimony, as well as
Satchi Co Pontaces to prove that petitioner did not recruit the private respondents. According
to petitioner, private respondents went to her to inquire about the working status of her sister
in Israel. She told them that her sister was doing well. When private respondents asked her
how her sister was able to go to Israel, petitioner told them that she does not know and that
she will have to ask her sister about that matter. Petitioner then called her sister and told her
that the private respondents wanted to ask for her help in going to Israel. It was petitioner's
sister and the private respondents who communicated with each other, and the petitioner had
no knowledge as to the content of the former's conversations and agreements.
The RTC found petitioner guilty as charged. The dispositive portion of its decision reads as
follows:
WHEREFORE, the Court finds accused Delia Romero guilty beyond reasonable doubt of the
crime of Illegal Recruitment as defined in paragraph (a) of Article 38 of Presidential Decree
No. 442, as amended by Presidential Decree No. 2018, and pursuant to law hereby sentences
accused Delia Romero to suffer the penalty of Eight (8) Years and a fine of P100,000.00 plus
costs.
Accused Delia Romero is directed to return the amount of $3,600.00 or its equivalent to
complainant Romulo Padlan and the amount of $3,600.00 or its equivalent to Arturo Siapno.
The case as against Jonney Mokra aka Erez, is hereby ordered archived subject to
reinstatement upon his arrest.
SO ORDERED.
On appeal, the CA affirmed in toto the decision of the RTC, the fallo of which states:
WHEREFORE, premises considered, the appealed Decision is AFFIRMED in toto.
SO ORDERED.
Hence, the present petition after petitioner's motion for reconsideration was denied by the
CA. Petitioner enumerates the following assignment of errors:
First Assignment of Error
The Court of Appeals erred in affirming the conviction of the accused of the offense charged
(Illegal Recruitment) for said finding is contrary to law and evidence in record.
Second Assignment of Error
The Court of Appeals erred in affirming the conviction of the accused in interpreting the
gesture of good faith of the petitioner as referral in the guise of illegal recruitment.
Third Assignment of Error
The Court of Appeals erred in affirming the conviction of the accused based merely on a
certification from the DOLE-Dagupan District Office without said certification being properly
identified and testified thereto.
Fourth Assignment of Error
The Court of Appeals erred in affirming the conviction of accused based on speculations and
probabilities and not on the evidence on record.
Fifth Assignment of Error
The Court of Appeals erred in not acquitting the accused on the ground of reasonable doubt.
Illegal recruitment is defined in Article 38 of the Labor Code, as amended, as follows:
ART. 38. Illegal Recruitment. - (a) Any recruitment activities, including the prohibited practices
enumerated under Article 34 of this Code, to be undertaken by non-licensees or non-holders
of authority, shall be deemed illegal and punishable under Article 39 of this Code. The
[Department] of Labor and Employment or any law enforcement officer may initiate complaints
under this Article.
(b) Illegal recruitment when committed by a syndicate or in large scale shall be considered an
offense involving economic sabotage and shall be penalized in accordance with Article 39
hereof.
Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or
more persons conspiring and/or confederating with one another in carrying out any unlawful or
illegal transaction, enterprise or scheme defined under the first paragraph
hereof. Illegal recruitment is deemed committed in large scale if committed against three (3) or
more persons individually or as a group.
Article 13 (b) of the same Code defines, recruitment and placement as: any act of canvassing,
enlisting, contracting, transporting, utilizing, hiring or procuring workers, and includes referrals,
contract services, promising or advertising for employment, locally or abroad, whether for
profit or not: Provided, that any person or entity which, in any manner, offers or promises for a
fee, employment to two or more persons shall be deemed engaged in recruitment and
placement.
The crime of illegal recruitment is committed when two elements concur, namely: (1) the
offender has no valid license or authority required by law to enable one to lawfully engage in
recruitment and placement of workers; and (2) he undertakes either any activity within the
meaning of "recruitment and placement" defined under Article 13 (b), or any prohibited
practices enumerated under Article 34 of the Labor Code. [5]
In disputing the absence of the first element, petitioner offers her opinion that the CA erred in
affirming the trial court's reliance on a mere certification from the DOLE Dagupan District
Office that she does not have the necessary licence to recruit workers for abroad. She claims
that the prosecution committed a procedural lapse in not procuring a certification from the
agency primarily involved, the Philippine Overseas Employment Administration (POEA). The
said argument, however, is flawed.
Under the first element, a non-licensee or non-holder of authority is any person, corporation or
entity which has not been issued a valid license or authority to engage in recruitment and
placement by the Secretary of Labor, or whose license or authority has been suspended,
revoked or cancelled by the POEA or the Secretary.[6] Clearly, the creation of the POEA did not
divest the Secretary of Labor of his/her jurisdiction over recruitment and placement of
activities. The governing rule is still Article 35[7] of the Labor Code. This is further discussed in
this Court's ruling in Trans Action Overseas Corp. v. Secretary of Labor,[8] wherein it was ruled
that:
In the case of Eastern Assurance and Surety Corp. v. Secretary of Labor, we held that:
The penalties of suspension and cancellation of license or authority are prescribed for
violations of the above-quoted provisions, among others. And the Secretary of Labor has the
power under Section 35 of the law to apply these sanctions, as well as the authority, conferred
by Section 36, not only to restrict and regulate the recruitment and placement activities of all
agencies, but also to promulgate rules and regulations to carry out the objectives and
implement the provisions governing said activities. Pursuant to this rule-making power thus
granted, the Secretary of Labor gave the POEA, on its own initiative or upon a filing of a
complaint or report or upon request for investigation by any aggrieved person, xxx (authority
to) conduct the necessary proceedings for the suspension or cancellation of the license or
authority of any agency or entity for certain enumerated offenses including -
1) the imposition or acceptance, directly or indirectly, of any amount of money, goods or
services, or any fee or bond in excess of what is prescribed by the Administration, and
2) any other violation of pertinent provisions of the Labor Code and other relevant laws, rules
and regulations.
The Administrator was also given the power to order the dismissal of the case or the
suspension of the license or authority of the respondent agency or contractor or recommend
to the Minister the cancellation thereof.
This power conferred upon the Secretary of Labor and Employment was echoed in People v.
Diaz, viz.:
A non-licensee or non-holder of authority means any person, corporation or entity which has
not been issued a valid license or authority to engage in recruitment and placement by the
Secretary of Labor, or whose license or authority has been suspended, revoked or cancelled
by the POEA or the Secretary.[9]
Thus, the trial court did not err in considering the certification from the DOLE-Dagupan District
Office stating that petitioner has not been issued any license by the POEA nor is a holder of
an authority to engage in recruitment and placement activities. The Office of the Solicitor
General (OSG), in its Comment[10] dated October 9, 2006, also gives a valid observation as to
the admissibility of the certification as evidence for the prosecution, thus
x x x Notably, there is nothing on record to show that petitioner objected to the admissibility of
the certification for the purpose for which it was offered. Thus, petitioner's argument that the
certification was inadmissible because it was not properly identified by the issuing officer
should be rejected. It is well-settled that [e]very objections to the admissibility of evidence
shall be made at the time such evidence is offered or as soon thereafter as the ground for
objection shall have become apparent, otherwise the objection shall be considered
waived. Accordingly, the certification has been accepted as admissible by the trial court and
properly considered as evidence for the party who submitted it. [11]
Anent the second element, petitioner insists that the CA was wrong in affirming the factual
findings of the trial court. According to her, the accommodation extended by the petitioner to
the private respondents is far from the referral as contemplated in Article 13 (b) of the Labor
Code.
It is a settled rule that factual findings of the trial courts, including their assessment of the
witnesses' credibility, are entitled to great weight and respect by the Supreme Court,
particularly when the CA affirmed such findings.[12] After all, the trial court is in the best position A: She told me that, If you can produce $3,600.00 dollars then I will begin to process your
to determine the value and weight of the testimonies of witnesses. [13] papers.

Nevertheless, the testimonies of the private respondents clearly establish the fact that Q: After telling you that, what did you do, if any?
petitioner's conduct falls within the term recruitment as defined by law. As testified by Romulo
Padlan, petitioner convinced him and Arturo Siapno to give her US$3,600.00 for the A: So I planned to have a loan [from] Rural Bank of Central Pangasinan and borrow some
processing of their papers, thus: money [from] my other friends, sir.

Q: In September 2000, did you see the accused? xxxx

A: There was, sir. Q: After producing that money, what did you do?

Q: Where did you see each other? xxxx

A: At her stall, sir.
xxxx
Q: What was your purpose in going to her stall?
A: My purpose is to inquire about my application to Israel, sir.
Q: What happened when you inquired from her about your application in going to Israel?
A: I inquired from her and she responded with me with sweet words, sir.
A: I [went] to her stall [in] September 26 around 10:00 P.M. and handed the money to Mrs.
Delia Romero, sir.
xxxx
Q: How much money did you give to the accused [in] September 2000?
A: [In] September 2000, I gave her $1,500.00 US dollars, sir.[14]
Arturo Siapno also testified as to how petitioner convinced him to apply for a job in Israel and
offered her services for a fee, thus:

Q: What did you ask her when you first met her in her stall [in] September 2000? Q: [I]n August 2000, where were you?

A: I asked her about the possible placement and the condition about the job in Israel. A: I was residing in Puelay-Carangalaan. Dagupan City.

Q: On the same month, did you have any transaction with the accused?

Q: And what was her response?
A: Her response was positive and very encouraging, sir.
Q: What was the very good and very encouraging response of the accused?
A: Regarding the salary amounting to $700.00 to $1,000.00 dollars a month, sir.
Q: When you were informed that the salary is quite good in Israel, what did you do, if any?
A: Yes sir[.] I met the accused at the appliance store which is located at Puelay and she
offered me a job in Israel.
Q: [When] she offered you a job in Israel, what did you do?
A: I went to their stall which is located [in] Calasiao, and in the same place I also met several
applicants.
Q: When did you go to the stall of the accused?

A: I planned to produce money so that I can apply for Israel, sir. A: The following day, sir.

Q: And what transpired next after that? xxxx

Q: And what did you do at the stall of the accused in Calasiao, Pangasinan?
A: When I went to the stall of the accused, since I saw other applicants, I was convinced to
apply and I called up my aunt and asked for help.
Q: Since you were at the stall of the accused in Calasiao, what transpired next?
A: When I talked to her, she told me if I have a money of P3,600.00 I could easily depart
within one (1) week or two (2) weeks.[15]
From the above testimonies, it is apparent that petitioner was able to convince the private
respondents to apply for work in Israel after parting with their money in exchange for the
services she would render. The said act of the petitioner, without a doubt, falls within the
meaning of recruitment and placement as defined in Article 13 (b) of the Labor Code.
As to petitioner's contention that the testimony of Arturo Siapno that the latter paid a certain
amount of money to the former must not be given any credence due to the absence of any
receipt or any other documentary evidence proving such, the same is without any merit.
In People v. Alvarez,[16] this Court ruled that in illegal recruitment cases, the failure to present
receipts for money that was paid in connection with the recruitment process will not affect the
strength of the evidence presented by the prosecution as long as the payment can be proved
through clear and convincing testimonies of credible witnesses. It was discussed that:
In illegal recruitment, mere failure of the complainant to present written receipts for money
paid for acts constituting recruitment activities is not fatal to the prosecution, provided the
payment can be proved by clear and convincing testimonies of credible witnesses.
xxx
x x x The Court has already ruled that the absence of receipts in a case for illegal recruitment
is not fatal, as long as the prosecution is able to establish through credible testimonial
evidence that accused-appellant has engaged in illegal recruitment. Such case is made, not
by the issuance or the signing of receipts for placement fees, but by engagement in
recruitment activities without the necessary license or authority.
In People v. Pabalan, the Court held that the absence of receipts for some of the amounts
delivered to the accused did not mean that the appellant did not accept or receive such
payments. Neither in the Statute of Frauds nor in the rules of evidence is the presentation of
receipts required in order to prove the existence of a recruitment agreement and the
procurement of fees in illegal recruitment cases. Such proof may come from the testimonies of
witnesses.[17]
With regard to the penalty imposed by the RTC and affirmed by the CA, this Court finds it to
be inappropriate. The trial court imposed the penalty of eight (8) years imprisonment and a
fine of P100,000.00 plus cost and ordered petitioner to return the amount of US$3,600.00 or
its equivalent to Romulo Padlan and the amount of US$3,600.00 or its equivalent to Arturo
Siapno. Under Article 39 (c) of the Labor Code, which prescribes the penalty for illegal
recruitment, any person who is neither a licensee nor a holder of authority under the law and
found violating any provision thereof or its implementing rules and regulations shall, upon
conviction thereof, suffer the penalty of imprisonment of not less than four (4) years but not
more than eight (8) years or a fine of not less than P20,000.00 nor more than P100,000.00 or
both such imprisonment and fine, at the discretion of the court. Clearly, the trial court, by
imposing a straight penalty, disregarded the application of the Indeterminate Sentence Law.
[18]
In Argoncillo v. Court of Appeals,[19] this Court ruled that the application of the Indeterminate
Sentence Law is mandatory to both the Revised Penal Code and the special laws, and in the
same ruling, this Court summarized the application and non-application of the Indeterminate
Sentence Law, to wit:
x x x It is basic law that x x x the application of the Indeterminate Sentence Law is mandatory
where imprisonment exceeds one (1) year, except only in the following cases:
a. Offenses punished by death or life imprisonment.
b. Those convicted of treason (Art. 114) conspiracy or proposal to commit treason (Art. 115).
c. Those convicted of misprision of treason (Art. 116), rebellion (Art. 134), sedition (Art. 139)
or espionage (Art. 117).
d. Those convicted of piracy (Art. 122).
e. Habitual delinquents (Art. 62, par. 5).
Recidivists are entitled to an Indeterminate sentence. (People v. Jaramilla, L-28547, February
22, 1974) Offender is not disqualified to avail of the benefits of the law even if the crime is
committed while he is on parole. (People v. Calreon, CA 78 O. G. 6701, November 19, 1982).
f. Those who escaped from confinement or those who evaded sentence.
g. Those granted conditional pardon and who violated the terms of the same. (People v.
Corral, 74 Phil. 359).
h. Those whose maximum period of imprisonment does not exceed one (1) year. SO ORDERED.

Where the penalty actually imposed does not exceed one (1) year, the accused cannot avail
himself of the benefits of the law, the application of which is based upon the penalty actually
imposed in accordance with law and not upon that which may be imposed in the discretion of
the court. (People v. Hidalgo, [CA] G.R. No. 00452-CR, January 22, 1962).

i. Those who are already serving final judgment upon the approval of the Indeterminate
Sentence Law.

The need for specifying the minimum and maximum periods of the indeterminate sentence is
to prevent the unnecessary and excessive deprivation of liberty and to enhance the economic
usefulness of the accused, since he may be exempted from serving the entire sentence,
depending upon his behavior and his physical, mental, and moral record. The requirement of
imposing an indeterminate sentence in all criminal offenses whether punishable by the
Revised Penal Code or by special laws, with definite minimum and maximum terms, as the
Court deems proper within the legal range of the penalty specified by the law must, therefore,
be deemed mandatory.[20]

The Indeterminate Sentence Law provides that if, as in this case, the offense is punished by a
law other than the Revised Penal Code, the court shall sentence the accused to an
indeterminate sentence, the maximum term of which shall not exceed the maximum fixed by
said law and the minimum shall not be less than the minimum term prescribed by the
same. The imposable penalty is imprisonment of not less than four (4) years but not more
than eight (8) years; hence, the proper penalty imposed should be within the range of four (4)
years to eight (8) years. Thus, applying the Indeterminate Sentence Law, the Court can
impose the minimum and maximum terms of the penalty of imprisonment within the range of
four (4) years to eight (8) years.

WHEREFORE, the Petition for Review on Certiorari dated March 25, 2006 of petitioner Delia
D. Romero is hereby DENIED. Consequently, the Decision dated July 18, 2005 and
Resolution dated February 13, 2006 of the Court of Appeals, affirming the Decision dated
February 24, 2004 of the Regional Trial Court, finding petitioner guilty beyond reasonable
doubt of the crime of Illegal Recruitment as defined in paragraph (a) of Article 38 of
Presidential Decree (P.D.) No. 2018, are hereby AFFIRMED with the MODIFICATION that
the penalty imposed should be imprisonment of four (4) years, as minimum, to seven (7)
years, as maximum, and a fine of P100,000.00 plus cost and for petitioner to return the
amount of $3,600.00 or its equivalent to Romulo Padlan and the amount of $3,600.00 or its
equivalent to Arturo Siapno.

[G.R. No. 125903. November 15, 2000]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROMULO SAULO, AMELIA
DE LA CRUZ, and CLODUALDO DE LA CRUZ, accused.
ROMULO SAULO, accused-appellant.
DECISION
GONZAGA-REYES, J .:
Accused-appellant, together with Amelia de la Cruz and Clodualdo de la Cruz, were charged
with violation of Article 38 (b) of the Labor Code [1] for illegal recruitment in large scale in an
information which states
CRIM. CASE NO. Q-91-21911
The undersigned Assistant City Prosecutor accuses ROMULO SAULO, AMELIA DE LA CRUZ
and CLODUALDO DE LA CRUZ, of the crime of ILLEGAL RECRUITMENT IN LARGE SCALE
(ART. 38(b) in relation to Art. 39(a) of the Labor Code of the Philippines, as amended by P.D.
No. 2018, committed as follows:
That on or about the period comprised from April 1990 to May 1990 in Quezon City,
Philippines, and within the jurisdiction of the Honorable Court, the above-named accused,
conspiring together, confederating with and mutually helping one another, by falsely
representing themselves to have the capacity to contract, enlist and recruit workers for
employment abroad, did, then and there, wilfully, unlawfully and feloniously for a fee, recruit
and promise employment/job placement abroad to LEODEGARIO MAULLON, BENY
MALIGAYA and ANGELES JAVIER, without first securing the required license or authority
from the Department of Labor and Employment, in violation of said law.
That the crime described above is committed in large scale as the same was perpetrated
against three (3) persons individually or as [a] group penalized under Articles 38 and 39 as
amended by PD 2018 of the Labor Code (P.D. 442).
CONTRARY TO LAW.[2]
In addition, accused were charged with three counts of estafa (Criminal Case Nos. Q-91-
21908, Q-91-21909 and Q-91-21910). Except for the names of the complainants, the dates of
commission of the crime charged, and the amounts involved, the informations [3] were identical
in their allegations
CRIM. CASE NO. Q-91-21908
The undersigned Assistant City Prosecutor accuses ROMULO SAULO, AMELIA DE LA CRUZ
AND CLODUALDO DE LA CRUZ of the crime of ESTAFA (Art. 315, par. 2 (a) RPC),
committed as follows:
That on or about the period comprised from April 1990 to May 1990, in Quezon City,
Philippines, and within the jurisdiction of this Honorable Court, the above-named accused,
conspiring together, confederating with and mutually helping one another, with intent of gain,
by means of false pretenses and/or fraudulent acts executed prior to or simultaneously with
the commission of the fraud, did, then and there wilfully, unlawfully and feloniously defraud
one BENY MALIGAYA, in the following manner, to wit: on the date and in the place
aforementioned, accused falsely pretended to the offended party that they had connection and
capacity to deploy workers for overseas employment and that they could secure
employment/placement for said Beny Maligaya and believing said misrepresentations, the
offended party was later induced to give accused, as in fact she did give the total amount of
P35,000.00, Philippine Currency, and once in possession of the said amount and far from
complying with their commitment and despite repeated demands made upon them to return
said amount, did, then and there wilfully, unlawfully and feloniously and with intent to defraud,
misappropriate, misapply and convert the same to their own personal use and benefit, to the
damage and prejudice of said offended party in the aforementioned amount and in such
amount as may be awarded under the provisions of the Civil Code.
CONTRARY TO LAW.
Upon arraignment, accused-appellant pleaded not guilty to all the charges against him.
Meanwhile accused Amelia de la Cruz and Clodualdo de la Cruz have remained at large.
During trial, the prosecution sought to prove the following material facts and circumstances
surrounding the commission of the crimes:
Benny Maligaya, having learned from a relative of accused-appellant that the latter was
recruiting workers for Taiwan, went to accused-appellants house in San Francisco del Monte,
Quezon City, together with Angeles Javier and Amelia de la Cruz, in order to discuss her
chances for overseas employment. During that meeting which took place sometime in April or
May, 1990, accused-appellant told Maligaya that she would be able to leave for Taiwan as a
factory worker once she gave accused-appellant the fees for the processing of her
documents. Sometime in May, 1990, Maligaya also met with Amelia de la Cruz and Clodualdo
de la Cruz at their house in Baesa, Quezon City and they assured her that they were
authorized by the Philippine Overseas Employment Administration (POEA) to recruit workers
for Taiwan. Maligaya paid accused-appellant and Amelia de la Cruz the amount of
P35,000.00, which is evidenced by a receipt dated May 21, 1990 signed by accused-appellant
and Amelia de la Cruz (Exhibit A in Crim. Case No. Q-91-21908). Seeing that he had reneged
on his promise to send her to Taiwan, Maligaya filed a complaint against accused-appellant
with the POEA.[4]
Angeles Javier, a widow and relative by affinity of accused-appellant, was told by Ligaya,
accused-appellants wife, to apply for work abroad through accused-appellant. At a meeting in
accused-appellants Quezon City residence, Javier was told by accused-appellant that he
could get her a job in Taiwan as a factory worker and that she should give him P35,000.00 for
purposes of preparing Javiers passport. Javier gave an initial amount of P20,000.00 to
accused-appellant, but she did not ask for a receipt as she trusted him. As the overseas
employment never materialized, Javier was prompted to bring the matter before the POEA.[5]
On April 19, 1990, Leodigario Maullon, upon the invitation of his neighbor Araceli Sanchez,
went to accused-appellants house in order to discuss his prospects for gaining employment
abroad. As in the case of Maligaya and Javier, accused-appellant assured Maullon that he
could secure him a job as a factory worker in Taiwan if he paid him P30,000.00 for the
processing of his papers. Maullon paid P7,900.00 to accused-appellants wife, who issued a
receipt dated April 21, 1990 (Exhibit A in Crim. Case No. Q-91-21910). Thereafter, Maullon
paid an additional amount of P6,800.00 in the presence of accused-appellant and Amelia de la
Cruz, which payment is also evidenced by a receipt dated April 25, 1990 (Exhibit B in Crim.
Case No. Q-91-21910). Finally, Maullon paid P15,700.00 to a certain Loreta Tumalig, a friend
of accused-appellant, as shown by a receipt dated September 14, 1990 (Exhibit C in Crim.
Case No. Q-91-21910). Again, accused-appellant failed to deliver on the promised
employment. Maullon thus filed a complaint with the POEA. [6]
The prosecution also presented a certification dated July 26, 1994 issued by the POEA stating
that accused are not licensed to recruit workers for overseas employment (Exhibit A in Crim.
Case No. Q-91-21911).[7]
In his defense, accused-appellant claimed that he was also applying with Amelia de la Cruz
for overseas employment. He asserts that it was for this reason that he met all three
complainants as they all went together to Amelia de la Cruz house in Novaliches, Quezon City
sometime in May, 1990 in order to follow up their applications. Accused-appellant flatly denied
that he was an overseas employment recruiter or that he was working as an agent for one. He
also denied having received any money from any of the complainants or having signed any of
the receipts introduced by the prosecution in evidence. It is accused-appellants contention
that the complainants were prevailed upon by accused-appellants mother-in-law, with whom
he had a misunderstanding, to file the present cases against him. [8]
The trial court found accused-appellant guilty of three counts of estafa and of illegal
recruitment in large scale. It adjudged:
WHEREFORE, this Court finds the accused Romulo Saulo:
A. In Criminal Case No. Q-91-21908, guilty beyond reasonable doubt of Estafa under Article
315, paragraph 2(a) of the Revised Penal Code as amended, without any mitigating or
aggravating circumstances, and this Court hereby sentences the accused Romulo Saulo to
suffer the indeterminate penalty of imprisonment of three (3) years, four (4) months and one
(1) day of prision correccional as minimum to seven (7) years and one (1) day of prision
mayor as maximum, and to indemnify the complainant Beny Maligaya in the amount of
P35,000.00, with interest thereon at 12% per annum until the said amount is fully paid, with
costs against the said accused.
B. In Criminal Case No. Q-91-21909, guilty beyond reasonable doubt of Estafa under Article
315, paragraph 2(a) of the Revised Penal Code as amended, without any mitigating or
aggravating circumstances, and this Court hereby sentences the accused Romulo Saulo to
suffer the indeterminate penalty of imprisonment of two (2) years, four (4) months and one (1)
day of prision correccional as minimum to six (6) years and one (1) day of prision mayor as
maximum, and to indemnify the complainant Angeles Javier in the amount of P20,000.00 with
interest thereon at 12% per annum until the said amount is fully paid, with costs against said
accused.
C. In Criminal Case No. Q-91-21910, guilty beyond reasonable doubt of Estafa under Article
315, paragraph 2(a) of the Revised Penal Code as amended, without any mitigating or
aggravating circumstances, and this Court hereby sentences the accused Romulo Saulo to
suffer the indeterminate penalty of imprisonment of two (2) years, four (4) months and one (1)
day of prision correccional as minimum to six (6) years and one (1) day of prision mayor as
maximum, and to indemnify the complainant Leodigario Maullon in the amount of P30,400.00
with interest thereon at 12% per annum until the said amount is fully paid, with costs against
said accused.
D. In Criminal Case No. Q-91-21911, guilty beyond reasonable doubt of Illegal Recruitment in
Large Scale as defined and punished under Article 38 (b) in relation to Article 39 (a) of the
Labor Code of the Philippines as amended, and this Court sentences the accused Romulo
Saulo to suffer the penalty of life imprisonment and to pay a fine of One Hundred Thousand
Pesos (P100,000.00).
Being a detention prisoner, the accused Romulo Saulo shall be entitled to the benefits of
Article 29 of the Revised Penal Code as amended.
SO ORDERED.[9]
The Court finds no merit in the instant appeal.
The essential elements of illegal recruitment in large scale, as defined in Art. 38 (b) of the
Labor Code and penalized under Art. 39 of the same Code, are as follows:
(1) the accused engages in the recruitment and placement of workers, as defined under
Article 13 (b) or in any prohibited activities under Article 34 of the Labor Code;
(2) accused has not complied with the guidelines issued by the Secretary of Labor and
Employment, particularly with respect to the securing of a license or an authority to recruit and
deploy workers, whether locally or overseas; and
(3) accused commits the same against three (3) or more persons, individually or as a group. [10]
Under Art. 13 (b) of the Labor Code, recruitment and placement refers to any act of
canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, and
includes referrals, contract services, promising or advertising for employment, locally or
abroad, whether for profit or not; Provided, That any person or entity which, in any manner,
offers or promises for a fee employment to two or more persons shall be deemed engaged in
recruitment and placement.
After a careful and circumspect review of the records, the Court finds that the trial court was
justified in holding that accused-appellant was engaged in unlawful recruitment and placement
activities. The prosecution clearly established that accused-appellant promised the three
complainants - Benny Maligaya, Angeles Javier and Leodigario Maullon employment in
Taiwan as factory workers and that he asked them for money in order to process their papers
and procure their passports. Relying completely upon such representations, complainants
entrusted their hard-earned money to accused-appellant in exchange for what they would later
discover to be a vain hope of obtaining employment abroad. It is not disputed that accused-
appellant is not authorized[11] nor licensed[12] by the Department of Labor and Employment to
engage in recruitment and placement activities. The absence of the necessary license or
authority renders all of accused-appellants recruitment activities criminal.
Accused-appellant interposes a denial in his defense, claiming that he never received any
money from the complainants nor processed their papers. Instead, accused-appellant insists
that he was merely a co-applicant of the complainants and similarly deceived by the schemes
of Amelia and Clodualdo de la Cruz. He contends that the fact that Benny Maligaya and
Angleles Javier went to the house of Amelia and Clodualdo de la Cruz in Novaliches, Quezon
City, to get back their money and to follow-up their application proves that complainants knew
that it was the de la Cruz who received the processing fees, and not accused-
appellant. Further, accused-appellant argues that complainants could not have honestly
believed that he could get them their passports since they did not give him any of the
necessary documents, such as their birth certificate, baptismal certificate, NBI clearance, and
marriage contract.
Accused-appellants asseverations are self-serving and uncorroborated by clear and
convincing evidence. They cannot stand against the straightforward and explicit testimonies of
the complainants, who have identified accused-appellant as the person who enticed them to
part with their money upon his representation that he had the capability of obtaining
employment for them abroad. In the absence of any evidence that the prosecution witnesses
were motivated by improper motives, the trial courts assessment of the credibility of the
witnesses shall not be interfered with by this Court. [13]
The fact that accused-appellant did not sign all the receipts issued to complainants does not
weaken the case of the prosecution. A person charged with illegal recruitment may be
convicted on the strength of the testimonies of the complainants, if found to be credible and
convincing.[14] The absence of receipts to evidence payment does not warrant an acquittal of
the accused, and it is not necessarily fatal to the prosecutions cause. [15]
Accused-appellant contends that he could not have committed the crime of illegal recruitment
in large scale since Nancy Avelino, a labor and employment officer at the POEA, testified that
licenses for recruitment and placement are issued only to corporations and not to natural
persons. This argument is specious and illogical. The Labor Code states that any person or
entity which, in any manner, offers or promises for a fee employment to two or more persons
shall be deemed engaged in recruitment and placement. [16] Corrolarily, a nonlicensee or
nonholder of authority is any person, corporation or entity which has not been issued a valid
license or authority to engage in recruitment and placement by the Secretary of Labor, or
whose license or authority has been suspended, revoked, or canceled by the POEA or the
Secretary.[17] It also bears stressing that agents or representatives appointed by a licensee or
a holder of authority but whose appointments are not previously authorized by the POEA fall
within the meaning of the term nonlicensee or nonholder of authority.[18] Thus, any person,
whether natural or juridical, that engages in recruitment activities without the necessary
license or authority shall be penalized under Art. 39 of the Labor Code.
It is well established in jurisprudence that a person may be charged and convicted for both
illegal recruitment and estafa. The reason for this is that illegal recruitment is a malum
prohibitum, whereas estafa is malum in se, meaning that the criminal intent of the accused is
not necessary for conviction in the former, but is required in the latter.[19]
The elements of estafa under Art. 315, paragraph 2 (a), of the Revised Penal Code are: (1)
that the accused has defrauded another by abuse of confidence or by deceit, and (2) that
damage or prejudice capable of pecuniary estimation is caused to the offended party or third
person.[20] The trial court was correct in holding accused-appellant liable for estafa in the case
at bench. Owing to accused-appellants false assurances that he could provide them with work
in another country, complainants parted with their money, to their damage and prejudice, since
the promised employment never materialized.
Under Art. 315 of the Revised Penal Code, the penalty for the crime of estafa is as follows:
1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum
period, if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos,
and if such amount exceeds the latter sum, the penalty provided in this paragraph shall be
imposed in its maximum period, adding one year for each additional 10,000 pesos; but the
total penalty which may be imposed shall not exceed twenty years. In such cases, and in
connection with the accessory penalties which may be imposed under the provisions of this
Code, the penalty shall be termed prision mayor or reclusion temporal, as the case may be.
xxx xxx xxx
Under the Indeterminate Sentence Law, the maximum term of the penalty shall be that which,
in view of the attending circumstances, could be properly imposed under the Revised Penal
Code, and the minimum shall be within the range of the penalty next lower to that prescribed
for the offense. Since the penalty prescribed by law for the estafa charge against accused-
appellant is prision correccional maximum to prision mayor minimum, the penalty next lower in
degree is prision correccional minimum to medium. Thus, the minimum term of the
indeterminate sentence should be anywhere within six (6) months and one (1) day to four (4)
years and two (2) months.
In fixing the maximum term, the prescribed penalty of prision correccional maximum to prision
mayor minimum should be divided into three equal portions of time, each of which portion
shall be deemed to form one period, as follows
Minimum Period : From 4 years, 2 months and 1 day to 5 years, 5 months and 10 days
Medium Period : From 5 years, 5 months and 11 days to 6 years, 8 months and 20 days
Maximum Period : From 6 years, 8 months and 21 days to 8 years
pursuant to Article 65, in relation to Article 64, of the Revised Penal Code.
When the amounts involved in the offense exceeds P22,000, the penalty prescribed in Article
315 of the Revised Penal Code shall be imposed in its maximum period, adding one year for
each additional P10,000.00, although the total penalty which may be imposed shall not
exceed twenty (20) years.[21]
Accordingly, the following penalties shall be imposed upon accused-appellant:
In Criminal Case No. Q-91-21908 where accused-appellant defrauded Benny Maligaya in the
amount of P35,000.00, one year for the additional amount of P13,000.00 in excess of
P22,000.00 provided for in Article 315 shall be added to the maximum period of the prescribed
penalty of prision correccional maximum to prision mayor minimum. Thus, accused-appellant
shall suffer the indeterminate penalty of four (4) years, and two (2) months of prision
correccional medium, as minimum to nine (9) years of prision mayor as maximum.
[22]
Accused-appellant shall also pay Benny Maligaya P35,000.00 by way of actual damages.
In Criminal Case No. Q-91-21909 where accused-appellant defrauded Angeles Javier in the
amount of P20,000.00, accused-appellant shall suffer the indeterminate penalty of one (1)
year, eight (8) months and twenty-one (21) days of prision correccional minimum to five (5)
years, five (5) months and eleven (11) days of prision correccional maximum. Accused-
appellant shall also pay Angeles Javier P20,000.00 by way of actual damages.
In Criminal Case No. Q-91-21910 where accused-appellant defrauded Leodigario Maullon in
the amount of P30,400.00, accused-appellant shall suffer the indeterminate penalty of four (4)
years and two (2) months of prision correccional medium, as minimum to eight (8) years
of prision mayor, as maximum.[23] Accused-appellant shall also pay Leodigario Maullon
P30,400.00 by way of actual damages.
In addition, for the crime of illegal recruitment in large scale (Criminal Case No. Q-91-21911)
and pursuant to Article 39 (a) of the Labor Code, accused-appellant shall suffer the penalty of
life imprisonment and a fine of One Hundred Thousand Pesos (P100,000.00).
WHEREFORE, the March 6, 1996 Decision of the trial court finding accused-appellant guilty
beyond reasonable doubt of the crime of illegal recruitment in large scale and estafa is hereby
AFFIRMED subject to the following modifications:
In Criminal Case No. Q-91-21908 where accused-appellant defrauded Benny Maligaya in the
amount of P35,000.00, one year for the additional amount of P13,000.00 in excess of
P22,000.00 provided for in Article 315 shall be added to the maximum period of the prescribed
penalty of prision correccional maximum to prision mayor minimum. Thus, accused-appellant
shall suffer the indeterminate penalty of four (4) years, and two (2) months of prision
correccional medium, as minimum to nine (9) years of prision mayor as maximum. Accused-
appellant shall also pay Benny Maligaya P35,000.00 by way of actual damages.
In Criminal Case No. Q-91-21909 where accused-appellant defrauded Angeles Javier in the
amount of P20,000.00, accused-appellant shall suffer the indeterminate penalty of one (1)
year, eight (8) months and twenty-one (21) days of prision correccional minimum to five (5)
years, five (5) months and eleven (11) days of prision correccional maximum. Accused-
appellant shall also pay Angeles Javier P20,000.00 by way of actual damages.
In Criminal Case No. Q-91-21910 where accused-appellant defrauded Leodigario Maullon in
the amount of P30,400.00, accused-appellant shall suffer the indeterminate penalty of four (4)
years and two (2) months of prision correccional medium, as minimum to eight (8) years
of prision mayor, as maximum. Accused-appellant shall also pay Leodigario Maullon
P30,400.00 by way of actual damages.

In addition, for the crime of illegal recruitment in large scale (Criminal Case No. Q-91-21911)
and pursuant to Article 39 (a) of the Labor Code, accused-appellant shall suffer the penalty of
life imprisonment and a fine of One Hundred Thousand Pesos (P100,000.00).

Costs against accused-appellant.

SO ORDERED.
 accused-appellant for failure of the respective complainants in said cases to appear and
testify during trial.
PEOPLE OF THE PHILIPPINES, G.R. No. 187730
Petitioner, It should also be noted that after trial, Pacardo and Manta were acquitted in Criminal Case
Present: Nos. 02-206293, 02-206297, 02-206300 and 02-206308 for insufficiency of evidence.
- versus -
Likewise, accused-appellant Gallo was similarly acquitted in Criminal Case Nos. 02-206300,
CORONA, C.J., Chairperson,
VELASCO, JR., the case filed by Guantero, and 02-206308, the case filed by Sare. However, accused-
RODOLFO GALLO y GADOT, LEONARDO-DE CASTRO, appellant was found guilty beyond reasonable doubt in Criminal Case Nos. 02-206293 and
Accused-Appellant, DEL CASTILLO, and 02-206297, both filed by Dela Caza, for syndicated illegal recruitment and estafa, respectively.
PEREZ, JJ.
FIDES PACARDO y JUNGCO and PILAR MANTA y Thus, the present appeal concerns solely accused-appellants conviction for syndicated illegal
DUNGO, Promulgated: recruitment in Criminal Case No. 02-206293 and for estafa in Criminal Case No. 02-206297.
Accused. June 29, 2010
In Criminal Case No. 02-206293, the information charges the accused-appellant, together with
x-----------------------------------------------------------------------------------------x the others, as follows:
VELASCO, JR., J .:
The undersigned accuses MARDEOLYN MARTIR, ISMAEL GALANZA, NELMAR MARTIR,
The Case MARCELINO MARTIR, NORMAN MARTIR, NELSON MARTIR, MA. CECILIA M. RAMOS,
LULU MENDANES, FIDES PACARDO y JUNGCO, RODOLFO GALLO y GADOT, PILAR
This is an appeal from the Decision[1] dated December 24, 2008 of the Court of Appeals (CA)
MANTA y DUNGO, ELEONOR PANUNCIO and YEO SIN UNG of a violation of Section 6(a),
in CA-G.R. CR-H.C. No. 02764 entitled People of the Philippines v. Rodolfo Gallo y Gadot
(l) and (m) of Republic Act 8042, otherwise known as the Migrant Workers and Overseas
(accused-appellant), Fides Pacardo y Jungco and Pilar Manta y Dungo (accused) , which
Filipino Workers Act of 1995, committed by a syndicate and in large scale, as follows:
affirmed the Decision[2] dated March 15, 2007 of the Regional Trial Court (RTC), Branch 30 in
Manila which convicted the accused-appellant Rodolfo Gallo y Gadot (accused-appellant) of That in or about and during the period comprised between November 2000 and December,
syndicated illegal recruitment in Criminal Case No. 02-206293 and estafa in Criminal Case 2001, inclusive, in the City of Manila, Philippines, the said accused conspiring and
No. 02-206297. confederating together and helping with one another, representing themselves to have the
capacity to contract, enlist and transport Filipino workers for employment abroad, did then and
The Facts
there willfully and unlawfully, for a fee, recruit and promise employment/job placement abroad
Originally, accused-appellant Gallo and accused Fides Pacardo (Pacardo) and Pilar Manta to FERDINAND ASISTIN, ENTICE BRENDO, REYMOND G. CENA, EDGARDO V. DELA
(Manta), together with Mardeolyn Martir (Mardeolyn) and nine (9) others, were charged with CAZA, RAYMUND EDAYA, SANDY O. GUANTENO, RENATO V. HUFALAR, ELENA JUBICO,
syndicated illegal recruitment and eighteen (18) counts of estafa committed against eighteen LUPO A. MANALO, ALMA V. MENOR, ROGELIO S. MORON, FEDILA G. NAIPA, OSCAR
complainants, including Edgardo V. Dela Caza (Dela Caza), Sandy Guantero (Guantero) and RAMIREZ, MARISOL L. SABALDAN, DANILO SARE, MARY BETH SARDON, JOHNNY
Danilo Sare (Sare). The cases were respectively docketed as Criminal Case Nos. 02-2062936 SOLATORIO and JOEL TINIO in Korea as factory workers and charge or accept directly or
to 02-206311. However, records reveal that only Criminal Case No. 02-206293, which was indirectly from said FERDINAND ASISTIN the amount of P45,000.00; ENTICE BRENDO
filed against accused-appellant Gallo, Pacardo and Manta for syndicated illegal recruitment, P35,000.00; REYMOND G. CENA P30,000.00; EDGARDO V. DELA CAZA P45,000.00;
and Criminal Case Nos. 02-206297, 02-206300 and 02-206308, which were filed against RAYMUND EDAYA P100,000.00; SANDY O. GUANTENO P35,000.00; RENATO V. HUFALAR
accused-appellant Gallo, Pacardo and Manta for estafa, proceeded to trial due to the fact that P70,000.00; ELENA JUBICO P30,000.00; LUPO A. MANALO P75,000.00; ALMA V. MENOR
the rest of the accused remained at large. Further, the other cases, Criminal Case Nos. 02- P45,000.00; ROGELIO S. MORON P70,000.00; FEDILA G. NAIPA P45,000.00; OSCAR
206294 to 02-206296, 02-206298 to 02-206299, 02-206301 to 02-206307 and 02-206309 to RAMIREZ P45,000.00; MARISOL L. SABALDAN P75,000.00; DANILO SARE P100,000.00;
02-206311 were likewise provisionally dismissed upon motion of Pacardo, Manta and MARY BETH SARDON P25,000.00; JOHNNY SOLATORIO P35,000.00; and JOEL TINIO
P120,000.00 as placement fees in connection with their overseas employment, which
amounts are in excess of or greater than those specified in the schedule of allowable fees
prescribed by the POEA Board Resolution No. 02, Series 1998, and without valid reasons and
without the fault of the said complainants failed to actually deploy them and failed to reimburse
the expenses incurred by the said complainants in connection with their documentation and
processing for purposes of their deployment.[3] (Emphasis supplied)
In Criminal Case No. 02-206297, the information reads:
That on or about May 28, 2001, in the City of Manila, Philippines, the said accused conspiring
and confederating together and helping with [sic] one another, did then and there willfully,
unlawfully and feloniously defraud EDGARDO V. DELA CAZA, in the following manner, to wit:
the said accused by means of false manifestations and fraudulent representations which they
made to the latter, prior to and even simultaneous with the commission of the fraud, to the
effect that they had the power and capacity to recruit and employ said EDGARDO V. DELA
CAZA in Korea as factory worker and could facilitate the processing of the pertinent papers if
given the necessary amount to meet the requirements thereof; induced and succeeded in
inducing said EDGARDO V. DELA CAZA to give and deliver, as in fact, he gave and delivered
to said accused the amount of P45,000.00 on the strength of said manifestations and
representations, said accused well knowing that the same were false and untrue and were
made [solely] for the purpose of obtaining, as in fact they did obtain the said amount of
P45,000.00 which amount once in their possession, with intent to defraud said [EDGARDO] V.
DELA CAZA, they willfully, unlawfully and feloniously misappropriated, misapplied and
converted the said amount of P45,000.00 to their own personal use and benefit, to the
damage and prejudice of the said EDGARDO V. DELA CAZA in the aforesaid amount of
P45,000.00, Philippine currency.
CONTRARY TO LAW.[4]
When arraigned on January 19, 2004, accused-appellant Gallo entered a plea of not guilty to
all charges.
On March 3, 2004, the pre-trial was terminated and trial ensued, thereafter.
During the trial, the prosecution presented as their witnesses, Armando Albines Roa, the
Philippine Overseas Employment Administration (POEA) representative and private
complainants Dela Caza, Guanteno and Sare. On the other hand, the defense presented as
its witnesses, accused-appellant Gallo, Pacardo and Manta.
Version of the Prosecution
On May 22, 2001, Dela Caza was introduced by Eleanor Panuncio to accused-appellant
Gallo, Pacardo, Manta, Mardeolyn, Lulu Mendanes, Yeo Sin Ung and another Korean national
at the office of MPM International Recruitment and Promotion Agency (MPM Agency) located
in Malate, Manila.
Dela Caza was told that Mardeolyn was the President of MPM Agency, while Nelmar Martir
was one of the incorporators. Also, that Marcelino Martir, Norman Martir, Nelson Martir and
Ma. Cecilia Ramos were its board members. Lulu Mendanes acted as the cashier and
accountant, while Pacardo acted as the agencys employee who was in charge of the records
of the applicants. Manta, on the other hand, was also an employee who was tasked to deliver
documents to the Korean embassy.
Accused-appellant Gallo then introduced himself as a relative of Mardeolyn and informed Dela
Caza that the agency was able to send many workers abroad. Together with Pacardo and
Manta, he also told Dela Caza about the placement fee of One Hundred Fifty Thousand
Pesos (PhP 150,000) with a down payment of Forty-Five Thousand Pesos (PhP 45,000) and
the balance to be paid through salary deduction.
Dela Caza, together with the other applicants, were briefed by Mardeolyn about the
processing of their application papers for job placement in Korea as a factory worker and their
possible salary. Accused Yeo Sin Ung also gave a briefing about the business and what to
expect from the company and the salary.
With accused-appellants assurance that many workers have been sent abroad, as well as the
presence of the two (2) Korean nationals and upon being shown the visas procured for the
deployed workers, Dela Caza was convinced to part with his money. Thus, on May 29, 2001,
he paid Forty-Five Thousand Pesos (PhP 45,000) to MPM Agency through accused-appellant
Gallo who, while in the presence of Pacardo, Manta and Mardeolyn, issued and signed Official
Receipt No. 401.
Two (2) weeks after paying MPM Agency, Dela Caza went back to the agencys office in
Malate, Manila only to discover that the office had moved to a new location at Batangas
Street, Brgy. San Isidro, Makati. He proceeded to the new address and found out that the
agency was renamed to New Filipino Manpower Development & Services, Inc. (New Filipino).
At the new office, he talked to Pacardo, Manta, Mardeolyn, Lulu Mendanes and accused-
appellant Gallo. He was informed that the transfer was done for easy accessibility to clients
and for the purpose of changing the name of the agency.
Dela Caza decided to withdraw his application and recover the amount he paid but Mardeolyn,
Pacardo, Manta and Lulu Mendanes talked him out from pursuing his decision. On the other
hand, accused-appellant Gallo even denied any knowledge about the money.
After two (2) more months of waiting in vain to be deployed, Dela Caza and the other
applicants decided to take action. The first attempt was unsuccessful because the agency
again moved to another place. However, with the help of the Office of Ambassador Seeres
and the Western Police District, they were able to locate the new address at 500 Prudential
Building, Carriedo, Manila. The agency explained that it had to move in order to separate
those who are applying as entertainers from those applying as factory workers. Accused-
appellant Gallo, together with Pacardo and Manta, were then arrested.
The testimony of prosecution witness Armando Albines Roa, a POEA employee, was
dispensed with after the prosecution and defense stipulated and admitted to the existence of
the following documents:
1. Certification issued by Felicitas Q. Bay, Director II, Licensing Branch of the POEA to the
effect that New Filipino Manpower Development & Services, Inc., with office address at 1256
Batangas St., Brgy. San Isidro, Makati City, was a licensed landbased agency whose license
expired on December 10, 2001 and was delisted from the roster of licensed agencies on
December 14, 2001. It further certified that Fides J. Pacardo was the agencys Recruitment
Officer;
2. Certification issued by Felicitas Q. Bay of the POEA to the effect that MPM International
Recruitment and Promotion is not licensed by the POEA to recruit workers for overseas
employment;
3. Certified copy of POEA Memorandum Circular No. 14, Series of 1999 regarding
placement fee ceiling for landbased workers.
4. Certified copy of POEA Memorandum Circular No. 09, Series of 1998 on the placement
fee ceiling for Taiwan and Korean markets, and
5. Certified copy of POEA Governing Board Resolution No. 02, series of 1998.
Version of the Defense
For his defense, accused-appellant denied having any part in the recruitment of Dela Caza. In
fact, he testified that he also applied with MPM Agency for deployment to Korea as a factory
worker. According to him, he gave his application directly with Mardeolyn because she was his
town mate and he was allowed to pay only Ten Thousand Pesos (PhP 10,000) as processing
fee. Further, in order to facilitate the processing of his papers, he agreed to perform some
tasks for the agency, such as taking photographs of the visa and passport of applicants,
running errands and performing such other tasks assigned to him, without salary except for
some allowance. He said that he only saw Dela Caza one or twice at the agencys office when
he applied for work abroad. Lastly, that he was also promised deployment abroad but it never
materialized.
Ruling of the Trial Court
On March 15, 2007, the RTC rendered its Decision convicting the accused of syndicated
illegal recruitment and estafa. The dispositive portion reads:
WHEREFORE, judgment is hereby rendered as follows:
I. Accused FIDES PACARDO y JUNGO and PILAR MANTA y DUNGO are hereby
ACQUITTED of the crimes charged in Criminal Cases Nos. 02-206293, 02-206297, 02-
206300 and 02-206308;
II. Accused RODOLFO GALLO y GADOT is found guilty beyond reasonable doubt
in Criminal Case No. 02-206293 of the crime of Illegal Recruitment committed by a syndicate
and is hereby sentenced to suffer the penalty of life imprisonment and to pay a fine of ONE
MILLION (Php1,000,000.00) PESOS. He is also ordered to indemnify EDGARDO DELA
CAZA of the sum of FORTY-FIVE THOUSAND (Php45,000.00) PESOS with legal interest
from the filing of the information on September 18, 2002 until fully paid.
III. Accused RODOLFO GALLO y GADOT in Criminal Case No. 02-206297 is
likewise found guilty and is hereby sentenced to suffer the indeterminate penalty of FOUR (4)
years of prision correccional as minimum to NINE (9) years of prision mayor as maximum.
IV. Accused RODOLFO GALLO y GADOT is hereby ACQUITTED of the crime
charged in Criminal Cases Nos. 02-206300 and 02-206308.
Let alias warrants for the arrest of the other accused be issued anew in all the criminal cases.
Pending their arrest, the cases are sent to the archives.
The immediate release of accused Fides Pacardo and Pilar Manta is hereby ordered unless
detained for other lawful cause or charge.
SO ORDERED.[5]
Ruling of the Appellate Court
On appeal, the CA, in its Decision dated December 24, 2008, disposed of the case as follows:
WHEREFORE, the appealed Decision of the Regional Trial Court of Manila, Branch 30, in
Criminal Cases Nos. 02-206293 and 02-206297, dated March 15, 2007, is AFFIRMED with
the MODIFICATION that in Criminal Case No. 02-206297, for estafa, appellant is sentenced to
four (4) years of prision correccional to ten (10) years of prision mayor.
SO ORDERED.[6]
The CA held the totality of the prosecutions evidence showed that the accused-appellant,
together with others, engaged in the recruitment of Dela Caza. His actions and
representations to Dela Caza can hardly be construed as the actions of a mere errand boy.
As determined by the appellate court, the offense is considered economic sabotage having
been committed by more than three (3) persons, namely, accused-appellant Gallo, Mardeolyn,
Eleonor Panuncio and Yeo Sin Ung. More importantly, a personal found guilty of illegal
recruitment may also be convicted of estafa.[7] The same evidence proving accused-appellants
commission of the crime of illegal recruitment in large scale also establishes his liability
for estafa under paragragh 2(a) of Article 315 of the Revised Penal Code (RPC).
On January 15, 2009, the accused-appellant filed a timely appeal before this Court.
The Issues
Accused-appellant interposes in the present appeal the following assignment of errors:
I
The court a quo gravely erred in finding the accused-appellant guilty of illegal recruitment
committed by a syndicate despite the failure of the prosecution to prove the same beyond
reasonable doubt.
II
The court a quo gravely erred in finding the accused-appellant guilty of estafa despite the
failure of the prosecution to prove the same beyond reasonable doubt.
Our Ruling
The appeal has no merit.
Evidence supports conviction of the crime of Syndicated Illegal Recruitment
Accused-appellant avers that he cannot be held criminally liable for illegal recruitment
because he was neither an officer nor an employee of the recruitment agency. He alleges that
the trial court erred in adopting the asseveration of the private complainant that he was indeed
an employee because such was not duly supported by competent evidence. According to him,
even assuming that he was an employee, such cannot warrant his outright conviction sans
evidence that he acted in conspiracy with the officers of the agency.
We disagree.
To commit syndicated illegal recruitment, three elements must be established: (1) the offender
undertakes either any activity within the meaning of recruitment and placement defined under
Article 13(b), or any of the prohibited practices enumerated under Art. 34 of the Labor Code;
(2) he has no valid license or authority required by law to enable one to lawfully engage in
recruitment and placement of workers;[8] and (3) the illegal recruitment is committed by a
group of three (3) or more persons conspiring or confederating with one another. [9] When
illegal recruitment is committed by a syndicate or in large scale, i.e., if it is committed against
three (3) or more persons individually or as a group, it is considered an offense involving
economic sabotage.[10]
Under Art. 13(b) of the Labor Code, recruitment and placement refers to any act of
canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, and
includes referrals, contract services, promising or advertising for employment, locally or
abroad, whether for profit or not.
After a thorough review of the records, we believe that the prosecution was able to establish
the elements of the offense sufficiently. The evidence readily reveals that MPM Agency was
never licensed by the POEA to recruit workers for overseas employment.
Even with a license, however, illegal recruitment could still be committed under Section 6 of
Republic Act No. 8042 (R.A. 8042), otherwise known as the Migrants and Overseas Filipinos
Act of 1995, viz:
Sec. 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 act, 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;
xxxx
(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 and processing for purposes of
deployment, in cases where the deployment does not actually take place without the workers
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.
In the instant case, accused-appellant committed the acts enumerated in Sec. 6 of R.A. 8042.
Testimonial evidence presented by the prosecution clearly shows that, in consideration of a
promise of foreign employment, accused-appellant received the amount of Php 45,000.00
from Dela Caza. When accused-appellant made misrepresentations concerning the agencys
purported power and authority to recruit for overseas employment, and in the process,
collected money in the guise of placement fees, the former clearly committed acts constitutive
of illegal recruitment.[11] Such acts were accurately described in the testimony of prosecution
witness, Dela Caza, to wit:
PROS. MAGABLIN
Q: How about this Rodolfo Gallo?
A: He was the one who received my money.
Q: Aside from receiving your money, was there any other representations or acts made by
Rodolfo Gallo?
A: He introduced himself to me as relative of Mardeolyn Martir and he even intimated to me
that their agency has sent so many workers abroad.
xxxx
PROS. MAGABLIN
Q: Mr. Witness, as you claimed you tried to withdraw your application at the agency. Was
there any instance that you were able to talk to Fides Pacardo, Rodolfo Gallo and Pilar
Manta?
A: Yes, maam.
Q: What was the conversation that transpired among you before you demanded the return of
your money and documents?
A: When I tried to withdraw my application as well as my money, Mr. Gallo told me I know
nothing about your money while Pilar Manta and Fides Pacardo told me, why should I
withdraw my application and my money when I was about to be [deployed] or I was about to
leave.
xxxx
Q: And what transpired at that office after this Panuncio introduced you to those persons
whom you just mentioned?
A: The three of them including Rodolfo Gallo told me that the placement fee in that agency is
Php 150,000.00 and then I should deposit the amount of Php 45,000.00. After I have
deposited said amount, I would just wait for few days
xxxx
Q: They were the one (sic) who told you that you have to pay Php 45,000.00 for deposit only?
A: Yes, maam, I was told by them to deposit Php 45,000.00 and then I would pay the
remaining balance of Php105,000.00, payment of it would be through salary deduction.
Q: That is for what Mr. Witness again?
A: For placement fee.
Q: Now did you believe to (sic) them?
A: Yes, maam.
Q: Why, why did you believe?
A: Because of the presence of the two Korean nationals and they keep on telling me that they
have sent abroad several workers and they even showed visas of the records that they have
already deployed abroad.
Q: Aside from that, was there any other representations which have been made upon you or xxxx
make you believe that they can deploy you?
Q: So it was Gallo who received your money?
A: At first I was adamant but they told me If you do not want to believe us, then we could do
nothing. But once they showed me the [visas] of the people whom they have deployed A: Yes, maam.
abroad, that was the time I believe them.
PROS. MAGABLIN
Q: So after believing on the representations, what did you do next Mr. Witness?
Q: And after that, what did this Gallo do after he received your money?
A: That was the time that I decided to give the money.
A: They told me maam just to call up and make a follow up with our agency.
xxxx
xxxx
PROS. MAGABLIN
Q: Now Mr. Witness, after you gave your money to the accused, what happened with the
Q: Do you have proof that you gave the money? application, with the promise of employment that he promised?

A: Yes, maam. A: Two (2) weeks after giving them the money, they moved to a new office in Makati,
Brgy. San Isidro.
Q: Where is your proof that you gave the money?
xxxx
A: I have it here.
Q: And were they able to deploy you as promised by them?
PROS. MAGABLIN:
A: No, maam, they were not able to send us abroad.[12]
Witness is producing to this court a Receipt dated May 28, 2001 in the amount of
Php45,000.00 which for purposes of record Your Honor, may I request that the same be Essentially, Dela Caza appeared very firm and consistent in positively identifying accused-
marked in the evidence as our Exhibit F. appellant as one of those who induced him and the other applicants to part with their money.
His testimony showed that accused-appellant made false misrepresentations and promises in
xxxx assuring them that after they paid the placement fee, jobs in Korea as factory workers were
waiting for them and that they would be deployed soon. In fact, Dela Caza personally talked to
PROS. MAGABLIN accused-appellant and gave him the money and saw him sign and issue an official receipt as
proof of his payment. Without a doubt, accused-appellants actions constituted illegal
Q: There appears a signature appearing at the left bottom portion of this receipt. Do you know
recruitment.
whose signature is this?
Additionally, accused-appellant cannot argue that the trial court erred in finding that he was
A: Yes, maam, signature of Rodolfo Gallo.
indeed an employee of the recruitment agency. On the contrary, his active participation in the
PROS. MAGABLIN illegal recruitment is unmistakable. The fact that he was the one who issued and signed the
official receipt belies his profession of innocence.
Q: Why do you say that that is his signature?
This Court likewise finds the existence of a conspiracy between the accused-appellant and the
A: Rodolfo Gallos signature Your Honor because he was the one who received the money and other persons in the agency who are currently at large, resulting in the commission of the
he was the one who filled up this O.R. and while he was doing it, he was flanked by Fides crime of syndicated illegal recruitment.
Pacardo, Pilar Manta and Mardeolyn Martir.
In this case, it cannot be denied that the accused-appellent together with Mardeolyn and the
rest of the officers and employees of MPM Agency participated in a network of
deception. Verily, the active involvement of each in the recruitment scam was directed at one
single purpose to divest complainants with their money on the pretext of guaranteed
employment abroad. The prosecution evidence shows that complainants were briefed by
Mardeolyn about the processing of their papers for a possible job opportunity in Korea, as well
as their possible salary. Likewise, Yeo Sin Ung, a Korean national, gave a briefing about the
business and what to expect from the company. Then, here comes accused-appellant who
introduced himself as Mardeolyns relative and specifically told Dela Caza of the fact that the
agency was able to send many workers abroad. Dela Caza was even showed several workers
visas who were already allegedly deployed abroad. Later on, accused-appellant signed and
issued an official receipt acknowledging the down payment of Dela Caza. Without a doubt, the
nature and extent of the actions of accused-appellant, as well as with the other persons in
MPM Agency clearly show unity of action towards a common undertaking. Hence, conspiracy
is evidently present.
In People v. Gamboa,[13] this Court discussed the nature of conspiracy in the context of illegal
recruitment, viz:
Conspiracy to defraud aspiring overseas contract workers was evident from the acts of the
malefactors whose conduct before, during and after the commission of the crime clearly
indicated that they were one in purpose and united in its execution. Direct proof of previous
agreement to commit a crime is not necessary as it may be deduced from the mode and
manner in which the offense was perpetrated or inferred from the acts of the accused pointing
to a joint purpose and design, concerted action and community of interest. As such, all the
accused, including accused-appellant, are equally guilty of the crime of illegal recruitment
since in a conspiracy the act of one is the act of all.
To reiterate, in establishing conspiracy, it is not essential that there be actual proof that all the
conspirators took a direct part in every act. It is sufficient that they acted in concert pursuant to
the same objective.[14]
Estafa
The prosecution likewise established that accused-appellant is guilty of the crime of estafa as
defined under Article 315 paragraph 2(a) of the Revised Penal Code, viz:
Art. 315. Swindling (estafa). Any person who shall defraud another by any means mentioned
hereinbelow
xxxx
2. By means of any of the following false pretenses or fraudulent acts executed prior to or
simultaneously with the commission of the fraud:
(a) By using fictitious name, or falsely pretending to possess power, influence, qualifications,
property, credit, agency, business or imaginary transactions; or by means of other similar
deceits.
The elements of estafa in general are: (1) that the accused defrauded another (a) by abuse of
confidence, or (b) by means of deceit; and (2) that damage or prejudice capable of pecuniary
estimation is caused to the offended party or third person. [15] Deceit is the false representation
of a matter of fact, whether by words or conduct, by false or misleading allegations, or by
concealment of that which should have been disclosed; and which deceives or is intended to
deceive another so that he shall act upon it, to his legal injury.
All these elements are present in the instant case: the accused-appellant, together with the
other accused at large, deceived the complainants into believing that the agency had the
power and capability to send them abroad for employment; that there were available jobs for
them in Korea as factory workers; that by reason or on the strength of such assurance, the
complainants parted with their money in payment of the placement fees; that after receiving
the money, accused-appellant and his co-accused went into hiding by changing their office
locations without informing complainants; and that complainants were never deployed abroad.
As all these representations of the accused-appellant proved false, paragraph 2(a), Article 315
of the Revised Penal Code is thus applicable.
Defense of Denial Cannot Prevail
over Positive Identification
Indubitably, accused-appellants denial of the crimes charged crumbles in the face of the
positive identification made by Dela Caza and his co-complainants as one of the perpetrators
of the crimes charged. As enunciated by this Court in People v. Abolidor,[16] [p]ositive
identification where categorical and consistent and not attended by any showing of ill motive
on the part of the eyewitnesses on the matter prevails over alibi and denial.
The defense has miserably failed to show any evidence of ill motive on the part of the
prosecution witnesses as to falsely testify against him.
Therefore, between the categorical statements of the prosecution witnesses, on the one hand,
and bare denials of the accused, on the other hand, the former must prevail. [17]
Moreover, this Court accords the trial courts findings with the probative weight it deserves in
the absence of any compelling reason to discredit the same. It is a fundamental judicial dictum
that the findings of fact of the trial court are not disturbed on appeal except when it
overlooked, misunderstood or misapplied some facts or circumstances of weight and
substance that would have materially affected the outcome of the case. We find that the trial
court did not err in convicting the accused-appellant.

WHEREFORE, the appeal is DENIED for failure to sufficiently show reversible error in the
assailed decision. The Decision dated December 24, 2008 of the CA in CA-G.R. CR-H.C. No.
02764 is AFFIRMED.

No costs.

SO ORDERED.
 company pero ayaw niyang ibigay and PECC Card
ko.
G.R. No. 81510 March 14, 1990
2. On November 3, 1987, public respondent Atty. Ferdinand Marquez to whom said complaint
HORTENCIA SALAZAR, petitioner, was assigned, sent to the petitioner the following telegram:
vs.
HON. TOMAS D. ACHACOSO, in his capacity as Administrator of the Philippine YOU ARE HEREBY DIRECTED TO APPEAR BEFORE FERDIE MARQUEZ POEA ANTI
Overseas Employment Administration, and FERDIE MARQUEZ, respondents. ILLEGAL RECRUITMENT UNIT 6TH FLR. POEA BLDG. EDSA COR. ORTIGAS AVE.
MANDALUYONG MM ON NOVEMBER 6, 1987 AT 10 AM RE CASE FILED AGAINST YOU.
Gutierrez & Alo Law Offices for petitioner. FAIL NOT UNDER PENALTY OF LAW.

4. On the same day, having ascertained that the petitioner had no license to operate a
recruitment agency, public respondent Administrator Tomas D. Achacoso issued his
SARMIENTO, J.:
challenged CLOSURE AND SEIZURE ORDER NO. 1205 which reads:
This concerns the validity of the power of the Secretary of Labor to issue warrants of arrest
HORTY SALAZAR
and seizure under Article 38 of the Labor Code, prohibiting illegal recruitment.
No. 615 R.O. Santos St.
The facts are as follows: Mandaluyong, Metro Manila

xxx xxx xxx Pursuant to the powers vested in me under Presidential Decree No. 1920 and Executive
Order No. 1022, I hereby order the CLOSURE of your recruitment agency being operated at
1. On October 21, 1987, Rosalie Tesoro of 177 Tupaz Street, Leveriza, Pasay City, in a sworn No. 615 R.O. Santos St., Mandaluyong, Metro Manila and the seizure of the documents and
statement filed with the Philippine Overseas Employment Administration (POEA for brevity) paraphernalia being used or intended to be used as the means of committing illegal
charged petitioner Hortencia Salazar, viz: recruitment, it having verified that you have —

04. T: Ano ba ang dahilan at ikaw ngayon ay narito at (1) No valid license or authority from the Department of Labor and Employment to recruit and
nagbibigay ng salaysay. deploy workers for overseas employment;

S: Upang ireklamo sa dahilan ang aking PECC Card ay
ayaw ibigay sa akin ng dati kong manager. — Horty
Salazar — 615 R.O. Santos, Mandaluyong, Mla.
05. T: Kailan at saan naganap and ginawang panloloko sa
iyo ng tao/mga taong inireklamo mo?
(2) Committed/are committing acts prohibited under Article 34 of the New Labor Code in
relation to Article 38 of the same code.
This ORDER is without prejudice to your criminal prosecution under existing laws.
Done in the City of Manila, this 3th day of November, 1987.

S. Sa bahay ni Horty Salazar.
06. T: Paano naman naganap ang pangyayari?
S. Pagkagaling ko sa Japan ipinatawag niya ako. Kinuha
ang PECC Card ko at sinabing hahanapan ako ng
booking sa Japan. Mag 9 month's na ako sa Phils. ay
hindi pa niya ako napa-alis. So lumipat ako ng ibang
5. On January 26, 1988 POEA Director on Licensing and Regulation Atty. Estelita B. Espiritu
issued an office order designating respondents Atty. Marquez, Atty. Jovencio Abara and Atty.
Ernesto Vistro as members of a team tasked to implement Closure and Seizure Order No.
1205. Doing so, the group assisted by Mandaluyong policemen and mediamen Lito Castillo of
the People's Journal and Ernie Baluyot of News Today proceeded to the residence of the
petitioner at 615 R.O. Santos St., Mandaluyong, Metro Manila. There it was found that
petitioner was operating Hannalie Dance Studio. Before entering the place, the team served
said Closure and Seizure order on a certain Mrs. Flora Salazar who voluntarily allowed them
entry into the premises. Mrs. Flora Salazar informed the team that Hannalie Dance Studio was
accredited with Moreman Development (Phil.). However, when required to show credentials,
she was unable to produce any. Inside the studio, the team chanced upon twelve talent
performers — practicing a dance number and saw about twenty more waiting outside, The
team confiscated assorted costumes which were duly receipted for by Mrs. Asuncion
Maguelan and witnessed by Mrs. Flora Salazar.
6. On January 28, 1988, petitioner filed with POEA the following letter:
Gentlemen:
On behalf of Ms. Horty Salazar of 615 R.O. Santos, Mandaluyong, Metro Manila, we
respectfully request that the personal properties seized at her residence last January 26, 1988
be immediately returned on the ground that said seizure was contrary to law and against the
will of the owner thereof. Among our reasons are the following:
1. Our client has not been given any prior notice or hearing, hence the Closure and Seizure
Order No. 1205 dated November 3, 1987 violates "due process of law" guaranteed under Sec.
1, Art. III, of the Philippine Constitution.
2. Your acts also violate Sec. 2, Art. III of the Philippine Constitution which guarantees right of
the people "to be secure in their persons, houses, papers, and effects against unreasonable
searches and seizures of whatever nature and for any purpose."
3. The premises invaded by your Mr. Ferdi Marquez and five (5) others (including 2
policemen) are the private residence of the Salazar family, and the entry, search as well as
the seizure of the personal properties belonging to our client were without her consent and
were done with unreasonable force and intimidation, together with grave abuse of the color of
authority, and constitute robbery and violation of domicile under Arts. 293 and 128 of the
Revised Penal Code.
Unless said personal properties worth around TEN THOUSAND PESOS (P10,000.00) in all
(and which were already due for shipment to Japan) are returned within twenty-four (24) hours
from your receipt hereof, we shall feel free to take all legal action, civil and criminal, to protect
our client's interests.
We trust that you will give due attention to these important matters.
7. On February 2, 1988, before POEA could answer the letter, petitioner filed the instant
petition; on even date, POEA filed a criminal complaint against her with the Pasig Provincial
Fiscal, docketed as IS-88-836.1
On February 2, 1988, the petitioner filed this suit for prohibition. Although the acts sought to be
barred are alreadyfait accompli, thereby making prohibition too late, we consider the petition
as one for certiorari in view of the grave public interest involved.
The Court finds that a lone issue confronts it: May the Philippine Overseas Employment
Administration (or the Secretary of Labor) validly issue warrants of search and seizure (or
arrest) under Article 38 of the Labor Code? It is also an issue squarely raised by the petitioner
for the Court's resolution.
Under the new Constitution, which states:
. . . no search warrant or warrant of arrest shall issue except upon probable cause to be
determined personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing the place to be
searched and the persons or things to be seized. 2
it is only a judge who may issue warrants of search and arrest. 3 In one case, it was declared
that mayors may not exercise this power:
xxx xxx xxx
But it must be emphasized here and now that what has just been described is the state of the
law as it was in September, 1985. The law has since been altered. No longer does the mayor
have at this time the power to conduct preliminary investigations, much less issue orders of
arrest. Section 143 of the Local Government Code, conferring this power on the mayor has
been abrogated, rendered functus officio by the 1987 Constitution which took effect on
February 2, 1987, the date of its ratification by the Filipino people. Section 2, Article III of the
1987 Constitution pertinently provides that "no search warrant or warrant of arrest shall issue
except upon probable cause to be determined personally by the judge after examination under
oath or affirmation of the complainant and the witnesses he may produce, and particularly
describing the place to be searched and the person or things to be seized." The constitutional
proscription has thereby been manifested that thenceforth, the function of determining
probable cause and issuing, on the basis thereof, warrants of arrest or search warrants, may
be validly exercised only by judges, this being evidenced by the elimination in the present
Constitution of the phrase, "such other responsible officer as may be authorized by law" found
in the counterpart provision of said 1973 Constitution, who, aside from judges, might conduct
preliminary investigations and issue warrants of arrest or search warrants. 4
Neither may it be done by a mere prosecuting body:
We agree that the Presidential Anti-Dollar Salting Task Force exercises, or was meant to
exercise, prosecutorial powers, and on that ground, it cannot be said to be a neutral and
detached "judge" to determine the existence of probable cause for purposes of arrest or
search. Unlike a magistrate, a prosecutor is naturally interested in the success of his case.
Although his office "is to see that justice is done and not necessarily to secure the conviction
of the person accused," he stands, invariably, as the accused's adversary and his accuser. To
permit him to issue search warrants and indeed, warrants of arrest, is to make him both judge
and jury in his own right, when he is neither. That makes, to our mind and to that extent,
Presidential Decree No. 1936 as amended by Presidential Decree No. 2002,
unconstitutional. 5
Section 38, paragraph (c), of the Labor Code, as now written, was entered as an amendment
by Presidential Decrees Nos. 1920 and 2018 of the late President Ferdinand Marcos, to
Presidential Decree No. 1693, in the exercise of his legislative powers under Amendment No.
6 of the 1973 Constitution. Under the latter, the then Minister of Labor merely exercised
recommendatory powers:
(c) The Minister of Labor or his duly authorized representative shall have the power to
recommend the arrest and detention of any person engaged in illegal recruitment. 6
On May 1, 1984, Mr. Marcos promulgated Presidential Decree No. 1920, with the avowed
purpose of giving more teeth to the campaign against illegal recruitment. The Decree gave the
Minister of Labor arrest and closure powers:
(b) The Minister of Labor and Employment shall have the power to cause the arrest and
detention of such non-licensee or non-holder of authority if after proper investigation it is
determined that his activities constitute a danger to national security and public order or will
lead to further exploitation of job-seekers. The Minister shall order the closure of companies,
establishment and entities found to be engaged in the recruitment of workers for overseas
employment, without having been licensed or authorized to do so. 7
On January 26, 1986, he, Mr. Marcos, promulgated Presidential Decree No. 2018, giving the
Labor Minister search and seizure powers as well:
(c) The Minister of Labor and Employment or his duly authorized representatives shall have
the power to cause the arrest and detention of such non-licensee or non-holder of authority if
after investigation it is determined that his activities constitute a danger to national security
and public order or will lead to further exploitation of job-seekers. The Minister shall order the
search of the office or premises and seizure of documents, paraphernalia, properties and
other implements used in illegal recruitment activities and the closure of companies,
establishment and entities found to be engaged in the recruitment of workers for overseas
employment, without having been licensed or authorized to do so. 8
The above has now been etched as Article 38, paragraph (c) of the Labor Code.
The decrees in question, it is well to note, stand as the dying vestiges of authoritarian rule in
its twilight moments.
We reiterate that the Secretary of Labor, not being a judge, may no longer issue search or
arrest warrants. Hence, the authorities must go through the judicial process. To that extent, we
declare Article 38, paragraph (c), of the Labor Code, unconstitutional and of no force and
effect.
The Solicitor General's reliance on the case of Morano v. Vivo 9 is not well-
taken. Vivo involved a deportation case, governed by Section 69 of the defunct Revised
Administrative Code and by Section 37 of the Immigration Law. We have ruled that in
deportation cases, an arrest (of an undesirable alien) ordered by the President or his duly
authorized representatives, in order to carry out a final decision of deportation is valid. 10 It is
valid, however, because of the recognized supremacy of the Executive in matters involving
foreign affairs. We have held: 11
xxx xxx xxx
The State has the inherent power to deport undesirable aliens (Chuoco Tiaco vs. Forbes, 228
U.S. 549, 57 L. Ed. 960, 40 Phil. 1122, 1125). That power may be exercised by the Chief
Executive "when he deems such action necessary for the peace and domestic tranquility of
the nation." Justice Johnson's opinion is that when the Chief Executive finds that there are
aliens whose continued presence in the country is injurious to the public interest, "he may,
even in the absence of express law, deport them". (Forbes vs. Chuoco Tiaco and Crossfield,
16 Phil. 534, 568, 569; In re McCulloch Dick, 38 Phil. 41).
The right of a country to expel or deport aliens because their continued presence is
detrimental to public welfare is absolute and unqualified (Tiu Chun Hai and Go Tam vs.
Commissioner of Immigration and the Director of NBI, 104 Phil. 949, 956). 12
The power of the President to order the arrest of aliens for deportation is, obviously,
exceptional. It (the power to order arrests) can not be made to extend to other cases, like the
one at bar. Under the Constitution, it is the sole domain of the courts.
Moreover, the search and seizure order in question, assuming, ex gratia argumenti, that it was
validly issued, is clearly in the nature of a general warrant:
Pursuant to the powers vested in me under Presidential Decree No. 1920 and Executive
Order No. 1022, I hereby order the CLOSURE of your recruitment agency being operated at
No. 615 R.O. Santos St., Mandaluyong, Metro Manila and the seizure of the documents and
paraphernalia being used or intended to be used as the means of committing illegal
recruitment, it having verified that you have —
(1) No valid license or authority from the Department of Labor and Employment to recruit and
deploy workers for overseas employment;
(2) Committed/are committing acts prohibited under Article 34 of the New Labor Code in
relation to Article 38 of the same code.
This ORDER is without prejudice to your criminal prosecution under existing laws. 13
We have held that a warrant must identify clearly the things to be seized, otherwise, it is null
and void, thus:
xxx xxx xxx
Another factor which makes the search warrants under consideration constitutionally
objectionable is that they are in the nature of general warrants. The search warrants describe
the articles sought to be seized in this wise:
1) All printing equipment, paraphernalia, paper, ink, photo equipment, typewriters, cabinets,
tables, communications/ recording equipment, tape recorders, dictaphone and the like used
and/or connected in the printing of the "WE FORUM" newspaper and any and all
documents/communications, letters and facsimile of prints related to the "WE FORUM"
newspaper.
2) Subversive documents, pamphlets, leaflets, books, and other publications to promote the
objectives and purposes of the subversive organizations known as Movement for Free
Philippines, Light-a-Fire Movement and April 6 Movement; and
3) Motor vehicles used in the distribution/circulation of the "WE FORUM" and other subversive
materials and propaganda, more particularly,
1) Toyota-Corolla, colored yellow with Plate No. NKA 892;
2) DATSUN, pick-up colored white with Plate No. NKV 969;
manner, directions to "seize any evidence in connection with the violation of SDC 13-3703 or
otherwise" have been held too general, and that portion of a search warrant which authorized
the seizure of any "paraphernalia which could be used to violate Sec. 54-197 of the
Connecticut General Statutes (the statute dealing with the crime of conspiracy)" was held to
be a general warrant, and therefore invalid. The description of the articles sought to be seized
under the search warrants in question cannot be characterized differently.
In the Stanford case, the U.S. Supreme court calls to mind a notable chapter in English
history; the era of disaccord between the Tudor Government and the English Press, when
"Officers of the Crown were given roving commissions to search where they pleased in order
to suppress and destroy the literature of dissent both Catholic and Puritan." Reference herein
to such historical episode would not be relevant for it is not the policy of our government to
suppress any newspaper or publication that speaks with "the voice of non-conformity" but
poses no clear and imminent danger to state security. 14
For the guidance of the bench and the bar, we reaffirm the following principles:
1. Under Article III, Section 2, of the l987 Constitution, it is only judges, and no other, who may
issue warrants of arrest and search:
2. The exception is in cases of deportation of illegal and undesirable aliens, whom the
President or the Commissioner of Immigration may order arrested, following a final order of
deportation, for the purpose of deportation.
WHEREFORE, the petition is GRANTED. Article 38, paragraph (c) of the Labor Code is
declared UNCONSTITUTIONAL and null and void. The respondents are ORDERED to return
all materials seized as a result of the implementation of Search and Seizure Order No. 1205.
No costs.
SO ORDERED.

3) A delivery truck with Plate No. NBS 542;

4) TOYOTA-TAMARAW, colored white with Plate No. PBP 665; and

5) TOYOTA Hi-Lux, pick-up truck with Plate No. NGV 472 with marking "Bagong Silang."

In Stanford v. State of Texas, the search warrant which authorized the search for "books,
records, pamphlets, cards, receipts, lists, memoranda, pictures, recordings and other written
instruments concerning the Communist Parties of Texas, and the operations of the Community
Party in Texas," was declared void by the U.S. Supreme Court for being too general. In like