4/10/2020
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SEC. 1. Section 23, paragraph (b.1) of Republic Act No. 8042, otherwise
known as the “Migrant Workers and Overseas Filipinos Act of 1995” 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.
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.
In the recruitment and placement of workers to service the requirements for
trained and competent Filipino workers of foreign governments and their
instrumentalities, and such other employers as public interests may require,
the administration shall deploy only to countries where the Philippines has
concluded 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.
SEC. 2. Section 29 of the same law is hereby repealed.
SEC. 3. Section 30 of the same law is also hereby repealed.
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On August 20, 2009 respondents Salac, et al. told the Court in G.R. 152642 that they
agree[9] with the Republic’s view that the repeal of Sections 29 and 30 of R.A. 8042
renders the issues they raised by their action moot and academic. The Court has no
reason to disagree. Consequently, the two cases, G.R. 152642 and 152710, should be
dismissed for being moot and academic.
G.R. 167590
(Constitutionality of Sections 6, 7, and 9 of R.A. 8042)
On August 21, 1995 respondent Philippine Association of Service Exporters, Inc.
(PASEI) filed a petition for declaratory relief and prohibition with prayer for issuance of
TRO and writ of preliminary injunction before the RTC of Manila, seeking to annul
Sections 6, 7, and 9 of R.A. 8042 for being unconstitutional. (PASEI also sought to
annul a portion of Section 10 but the Court will take up this point later together with a
related case.)
Section 6 defines the crime of “illegal recruitment” and enumerates the acts
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