MIGRANT WORKERS

AND OVERSEAS
FILIPINOS ACT
Republic Act No. 8042, as amended by RA No. 10022
Policy of the State
◦ 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.
◦ the State shall provide adequate and timely social, economic and legal services to
Filipino migrant workers.
◦ Free access to the courts and quasi-judicial bodies and adequate legal assistance
shall not be denied to any person by reason of poverty.
◦ Protection of the rights and interest of distressed Filipino migrant workers, whether
regular/documented or irregular/undocumented, are adequately protected and
safeguarded.
The Role of Legal Aid Clinics

◦ The Department of Labor and Employment (DOLE) and the Anti –

illegal Recruitment Branch of POEA shall provide mechanisms for free
legal assistance for victims of Illegal Recruitment, in cooperation and
coordination of the DOJ, IBP, and other governmental organizations and
volunteer groups.
Actions under RA 8042, as amended
◦ Criminal Action for Illegal Recruitment (Section 6 to 8)

◦ Civil Action for Money Claims

◦ Administrative Action for Pre-employment/Recruitment Violations and Disciplinary

Cases
Criminal Action for Illegal Recruitment
◦ Prohibited Acts - Recruitment and Placement Activities under the Labor Code; and Prohibited
Practices under Section 6 of RA 8042, as amended.
◦ Who may File? – (a) the Secretary of Labor and Employment, (b) the POEA Administrator or
their duly authorized representatives, or (c) any aggrieved person.
◦ Where to File? - Victims of illegal recruitment and related cases may file with the POEA a
report or complaint in writing and under oath for assistance purposes.
◦ Venue: 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,
subject to the “First to acquire jurisdiction Rule”
◦ Prescriptive Period: Simple IR (5years) ; IR involving economic sabotage (20 years)
Elements - Illegal Recruitment (Simple)
◦ No valid license or authority to engage in Recruitment and Placement of Workers
◦ Offender undertakes any of the “recruitment and placement” activities under the Labor Code or
prohibited acts under Section 6 of RA 8042 as amended.
Elements - Illegal Recruitment (Economic
Sabotage)
◦ No valid license or authority to engage in Recruitment and Placement of Workers
◦ Offender undertakes any of the “recruitment and placement” activities under the Labor Code or
prohibited acts under Section 6 of RA 8042 as amended.
◦ Committed against three or more persons, individually or as a group (large scale)
◦ Commited by three or more persons conspiring or confederating with one another
(syndicated)
Please Note!
◦ Illegal recruitment "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.||| (People v. Dela Concepcion y Valdez, G.R. No. 251876, [March
21, 2022])
◦ Further, the filing of an action for Illegal Recruitment is without prejudice to the filing of
any other case against the offender.
 Action for Money Claims
◦ Venue: the Labor Arbiters have the original and exclusive jurisdiction over money claims arising
out of (a) Breach of Contract or (b) from ER-EE relationship , including claims for (c)actual,
moral and exemplary damages
◦ Persons Liable: Solidary liability of the Principal/Employer and Recruitment/Placement
Agency (including its corporate officers and directors and partners).
◦ What may be asked?
◦ Actual, moral, and exemplary damages
◦ In case of illegal termination (without just, valid or authorized cause), or any
unauthorized deductions from the migrant worker's salary – (a) full reimbursement of (i) his
placement fee and (ii) the deductions made with interest at twelve percent (12%) per
annum, plus (b) salaries for the unexpired portion of his employment contract or for three (3)
months for every year of the unexpired term, whichever is less
 Grounds for Money Claims
◦ Money claims must arise from employer-employee relationship
◦ Breach of employment contract/unpaid salaries and benefits/illegal termination

◦ Must be filed within three (3) years from accrual of action. (all actions beyond such period is
deemed waive)
Pre-Employment/Recruitment Violations
◦ Nature: Administrative in nature.
◦ What action may be filed?: involving or arising out of violations of Rules and Regulations
relating to licensing and registration, including refund of fees collected from the workers or
violation of the conditions for issuance of license or authority to recruit workers; and
◦ (b) disciplinary action cases and other special cases, involving employers, principals,
contracting partners and OFWs processed by the POEA.
◦ Venue: (a) Pre-employment/Recruitment Violations - the POEA Adjudication Office or at any
DOLE/POEA regional office of the place where the complainant applied or was recruited, at the
option of the complainant.
◦ (b) Disciplinary action cases and other special cases shall be filed with the POEA
Adjudication Office.
◦ Prescriptive Period : within three (3) years from accrual of cause of action.
 Repatriation of Workers; OWWA
◦ Repatriation and transport of the personal belongings of the Migrant Workers is the primary
responsibility of the recruiter. All costs for doing so shall be borne by the Principal/Employer and
the Recruitment/Placement Agency.
◦ If the termination is due to the fault of the Migrant Worker, the responsibility and costs of
returning to the Philippines shall be for the account of the worker.
◦ The Overseas Workers Welfare Administration (OWWA) shall undertake the repatriation of
workers in cases of (a) the principal/employer or agency refused; (b) emergency situations; (c)
the principal or recruitment agency cannot be identified, cannot be located, or ceased
operations.
◦ Mandatory Repatriation of Underage Migrant Workers –to be done by the responsible officer of
the Foreign Service. Prosecution is under the jurisdiction of POEA.