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1) Whether or not the provisions of Labor Law from article 12 to 39 are good

or amended by a law.
Article 12 As amended by section 2, Presidential Decree No. 570 A.
November 1, 1974
Article 13 Updated the terms definitions and descriptions by the following
law:
a) Republic Act NO. 8042, Migrant Workers and Overseas
Filipino Act of 1995
b) Omnibus Rules and Regulation Implementing Republic Act No.
8042
jointly issued by the Secretary of Foreign Affairs and
Secretary of Labor and Employment
c) POEA Rules and Regulations Governing the Recruitment and
Employment of land-based Overseas Workers
d) POEA Rule and Regulations Governing the Recruitment and
employment of Seafarers
Article 14 Good
Article 15 Paragraph b, superseded by Executive No. 797
Abolishing the Bureau of Employment Development Board
May 1, 1982
Article 16 Good
Article 17 Repealed by Executive Order No. 797
Abolishing the Overseas Employment Development Board May
1, 1982
Article 18 Good
Article 19 Superseded by Batas Pambansa Blg. 79
An Act Creating the Commission on Filipinos Overseas and for
Other Purposes), Section 6. Abolition of Office of Migrant
Affairs Office of Emigrant Affair and its functions were
transferred to Commission on Filipino Workers
Article 20 Paragraph A was repealed by Executive Order 797.
Paragraph B was repealed by Republic Act No. 8042
Article 21 and 22 Good
Article 23 Repealed by Executive No. 247
Article 24 Superseded by Executive Order 247
Article 25 to 37 Good
Article 38 Paragraph C declared unconstitutional.

In Salazar V. Achacoso, 183 SCRA 145, the Supreme Court


held that under Section 2, Article III of the 1987 Constitution,
only judges, and no other, can issue warrants of arrest and
search. Not being a judge, the Secretary of Labor and
Employment cannot issue search warrants or warrants of arrest.
Article 39 Repealed by Republic Act No. 8042, Section 7
2) Where is the venue of an illegal recruitment case?
A criminal action arising from illegal recruitment shall be filled with the
Regional Trial Court of the province or city where the offense was committed or
where the offended party actually resides at the time of the commission of the
offense, provided that the court where the criminal action is first filed shall acquire
jurisdiction to the exclusion of other courts. (Republic Act No. 8042)
3) Qualification in paragraph 5, section 10 of Republic Act No. 8042 declared
unconstitutional.
In an en banc decision in the 2009 case of Antonio M. Serano v. Gallant
Maritime Services, Inc., the Supreme Court declared unconstitutional the subject
clause or for three months for every year of the unexpired term, whichever is
less is the paragrapg 5 of section 10 of Republic Act No. 8042 for being
discriminatory. Consequent to this ruling, illegally dismissed OFWs are now
entitled to all the salaries for the entire unexpired portion of their employment
contracts, irrespective of the stipulated term or duration thereof.
4) What does the Country Team Approach?
The Country Team Approach as enunciated under Executive Order No. 74,
series of 1993, is 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.
Under the said term approach, all officers, representatives and personnel of
the Philippine government posted abroad regardless of their mother agencies or as
per country basis act as one country team with a mission under the leadership of
the ambassador.

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