Article 6Labor and Agrarian Laws and Social Legislation, p. 6

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

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.

SECTION 10. Monetary 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

damages.

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 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 thirty (30) days 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, or any unauthorized deductions from the

migrant worker's salary, the worker shall be entitled to

the full reimbursement of 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 judgment 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 judgment award.

Noncompliance

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 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 incurred under other existing laws or

rules and regulations as a consequence of violating the

provisions of this paragraph. (As amended by RA No

10022, [March 8, 2010])

SECTION 11. Mandatory 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, the corresponding information shall

be

filed

by

the

proper

prosecution

officer

within

forty-eight (48) hours from the date of receipt of the

records of the case.

SECTION

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.

SECTION 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.

(As amended by RA No 10022, [March 8, 2010])

III. Services

SECTION

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.

SECTION 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 the 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 with appropriate international

agencies, shall undertake the repatriation of workers in

cases of war, epidemic, disaster 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

purpose,

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), which shall be taken from the existing

fund

controlled

and

administered

by

the

OWWA.

Thereafter, such fund shall be provided for in the General

Appropriations Act from year to year: Provided , That the

amount appropriated shall in no case be less than One

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