Employment Certificate Sample for Embassy Purposes

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					                                            ANNOUNCEMENT
   The Philippine Embassy wishes to announce that the Consular Section will be implementing revised
                           schedule of consular fees effective 01 February 2008.


PASSPORT                                                Local Currency
Renewal (32 pages)                                          52,650.00
          (64 pages)                                        63,180.00


Replacement of Lost Passport
(32- pages)                                                 94,770.00
(64-pages)                                                  147,420.00
Amendment                                                   21,060.00
Travel Document                                             31,590.00


VISA SERVICE FOR ALIENS
For non- restricted aliens
9 (a) – 59 days                                             31,590.00
9 (a) - multiple entry valid for 6 months                   63,180.00
9 (a) – multiple entry valid for 1 yr                       94,770.00


For restricted aliens
9 (a) - temporary visitor visa                               42,120.00
9 (a) - multiple entry valid for 6 months                    84,240.00
9 (a) – multiple entry valid for 1 yr                       126,360.00
9 (c) – seaman                                               21,060.00


NOTARIAL AND OTHER MISCELLANEOUS SERVICES
Seen and Noted / Notarial / Certification                   26,325.00
NBI Clearance                                                26,325.00
Police Clearance                                            26,325.00
Waiver under PD no. 1466                                    63,180.00
LCCM                                                         26,325.00
Solemnization of marriage                                    63,180.00
       KOREA IMMIGRATION GUIDELINES FOR HOUSEHOLD SERVICE WORKERS
F-1 Status (Visiting and Joining Families)
A. The Object of Visa Issuance: F-1 visa is granted to foreigners who wish to stay in Korea to visit their
relatives, join their families, be supported by families, help household affairs or with other purposes
corresponding to those above. This visa category involves the following individuals: ○ who wish to
                                                                                     1

help household affairs of diplomats stationed at foreign Embassy or Consulate ○ who wish to
                                                                              2

temporarily stay with their families or relatives having A-1, A-2, A-3 status or having alien registration
completed ○ who wishes to stay for a long period of time without participating in employment
          3

activities ; and ○ who has not been granted the F-2 status as a wife/child of Korean or a person having
                 4

F-2 status ○ Korean-foreigner
           5

B. Application and Required Documents
(1) Traditional Procedures: A foreigner shall make an application for a visa to a Korean Embassy or
Consulate abroad and required documents are as follows: ○Passport ○ Application form (refer to
                                                        1         2

Annex 2)
Required documents: In the case of visiting their relatives or joining their families in Korea -
substantiating documents for verifying the relationship of families or relatives(e.g.: marriage certificate,
birth certificate or a Korean family tree register) and reference
1a) In the case of an adopted Korean-foreigner, a confirmation letter from an organization of adoption or
statement of adoptive parents is required instead of a letter of reference.
1b) In the case of a housework assistant who wishes to help household affairs of diplomats stationed at
foreign Embassy or Consulate: ○ official letter from foreign Embassy or Consulate ○ employment
                              1                                                   2

contract ○ copy of employer's diplomat ID Card
         3

1c) In the case of a foreigner student who is enrolled at elementary school, middle school or high school:
○substantiating documents for entrance into a school or a certificate of studentship ○ certificate of tax
1                                                                                    2

payment of the person responsible for supporting the student
※ If necessary, the chief of a Korean Embassy or Consulate abroad may ask an applicant to submit more
documents than required.
(2) The Procedures in which a Certificate for Recognition of Visa Issuance is involved
a) A certificate for recognition of visa issuance is issued to a person concerned in Korea(proxy) on the
grounds of his application by the chief of a district or branch office. (Ujongbu, Ulsan, Donghae)
b) A person concerned in Korea(proxy) sends the issued certificate by the chief of immigration office to
the applicant abroad.
c) An applicant (foreigner) applies for a visa to a Korean Embassy or Consulate with the above certificate,
passport and application form.
d) Required documents by a person concerned in Korea (proxy) are the same as those of traditional
procedures. If necessary, the chief of a district or branch office may ask a proxy to submit more
documents than required.
※ An applicant may ask to issue a certain visa which is not mandated to the chief of a Korean Embassy
or Consulate abroad. However, in this case, the chief of a Korean Embassy or Consulate abroad shall get
prior approval from the Minister of Justice.


C. The Standard of Visa Issuance
The chief of a Korean Embassy or Consulate abroad may issue a single visa (F-1) with 1 year period of
sojourn to individuals who are: ① to visit their relatives or join their families in Korea and ② to help
household affairs of diplomats stationed at foreign Embassy or Consulate without getting permission
from the Minister of Justice (excluding China, Cuba and Macedonia).
* For an applicant from U.S.A. which has an agreement for multiple visas with the Republic of Korea, a
multiple visa stipulated by the agreement will be issued(refer to Annex 6)


D. Visa Issuance
When the application is approved, the chief of a Korean Embassy or Consulate abroad shall affix a visa
stamp in the passport of the applicant. On a visa stamp, there are the status of sojourn(F- 1), period of
stay(less than 2 years) and validity of a visa.
  Guidelines on the Implementation of the Reform Package Affecting Household Service Workers (HSWs)

I. Newly hired HSWs[1]
a) With visas issued prior to 16 December 2006, or processed under job orders registered with POEA
prior to 16 December 2006, or processed under employment contracts that were verified by the concerned
POLOs prior to 16 December 2006 shall be exempted from the following reform package: ○ Minimum
                                                                                     1

age of 23 ○ Minimum entry salary of US$400 ○ No–placement Fee policy ○ TESDA NC2
          2                                3                         4

Certificate ○Attendance to the OWWA Language and Culture Orientation. Provided that these newly
            5

hired HSWs are processed at POEA before 1 March 2007.
b) With visas issued after 16 December 2006, or processed under job orders registered with POEA after
16 December 2006, or processed under employment contracts that were verified by the concerned POLOs
after 16 December 2006 shall be covered by the following: ○ Minimum age of 23 ○ Minimum entry
                                                          1                   2

salary of US$400 ○ No–placement Fee policy ○ TESDA NC2 Certificate ○ Attendance to the
                 3                         4                       5

OWWA Language and Culture Orientation.
Newly hired HSWs shall be exempted from the TESDA and OWWA requirements if bound for countries
with prescribed skills training and language and culture orientation as conditions for visa issuance. The
determination of the countries with such requirements shall be done by POEA.


II. Returning HSWs
a) Vacationing HSWs or those with existing overseas employment contracts executed prior to 1 March
2007 and are returning to their employer at anytime within the duration of their contract are exempted
from the coverage of the following reforms: ○ Minimum age of 23 ○ Minimum entry salary of
                                            1                   2

US$400 ○ TESDA NC2 Certificate ○Attendance to the OWWA Language and Culture Orientation.
       3                       4

The No-placement Fee policy does not apply to them since they are merely resuming their employment
under an existing contract and are processed at the POEA without the participation of an agency.
b) HSWs who completed their overseas contracts within 2006 and thereafter, and are returning to the
same or new employer with their OEC issued before 1 March 2007, are exempted from the following: ○
                                                                                                 1

Minimum age of 23 ○ Minimum entry salary of US$400 ○ Payment of placement fee, if hired thru an
                  2                                3

agency ○ TESDA NC2 Certificate ○Attendance to the OWWA Language and Culture Orientation
       4                       5

unless returning to a country with a different language and culture, as determined by OWWA.
c) HSWs who completed their overseas contracts before 2006 and are returning to the same or new
employer with their OEC issued before 1 March 2007 are covered by the new minimum salary rate of
US$400. They are, however, exempted from the following: ○ Minimum age requirement ○ Payment
                                                        1                         2

of placement fee, if hired thru an agency ○ TESDA NC2 requirement, unless required by their
                                          3

employer ○ OWWA Language and Culture Orientation unless returning to a country with a different
         4

language and culture, as determined by OWWA
d) HSWs who completed their overseas employment contracts which were executed prior to 1 March
2007 and are being processed under a new contract with the same employer or new employer on or after 1
March 2007 are covered by the new minimum salary rate of US$400. They are, however, exempted from
the following: ○ Minimum age requirement ○ Payment of placement fee, if hired thru an agency ○
               1                         2                                                   3

TESDA NC2 requirement, unless required by their employer ○ OWWA Language and Culture
                                                         4

Orientation unless returning to a country with a different language and culture, as determined by OWWA
e) HSWs who completed their employment contract before or after 2006 and are being processed under a
new contract with the same or a new employer on or after 1 March 2007 are covered by the new
minimum salary rate of US$400. They are, however, exempted from the following: ○ Minimum age
                                                                               1

requirement ○ Payment of placement fee, if hired thru an agency ○ TESDA NC2 requirement, unless
            2                                                   3

required by their employer ○ OWWA Language and Culture Orientation unless returning to a country
                           4

with a different language and culture, as determined by OWWA
1]
     Referring to HSWs without any previous overseas work experience as a HSW and former HSWs who
failed to finish their previous contract as a HSW.


Policy reforms on deployment of domestic helpers
The POEA Governing Board recently approved a series of resolutions defining policy reforms that seek to
improve the lot of household workers. The new policies which took effect December 16, 2006, include
upgrading of skills of the workers, orientation course on country-specific culture and language, protective
mechanisms at the job sites, obliging employers to shoulder the cost of deploying the domestic helper,
and increasing the minimum salary to a level commensurate to their acquired competencies.


In upgrading the capabilities of the worker, all applicants for domestic helper shall undergo skills
assessment by the Technical Education and Skills Development Authority (TESDA). TESDA-certified
workers will be issued Certificate of Competency. Domestic helpers with years of experience as
household workers abroad can directly go through TESDA skills assessment system.


The worker will also undergo a country-specific language and culture training to be sponsored by the
Overseas Workers Welfare Administration (OWWA) free of charge to the worker.


The POEA Governing Board also approved the minimum wage of US$400, doubling the prevailing wage
rate of US$200 especially in the Middle East countries.


The Philippine Overseas Employment Administration shall not process contracts of employment of
domestic helpers without the TESDA-issued COC and the OWWA-issued certificate of completion of the
orientation of country-specific language and culture.
The "no-placement-fee" policy for host countries where laws and regulation requires the employer to pay
the cost of hiring will be strictly applied to recruitment and placement of domestic helpers. Any violation
by the recruitment agency will result to the cancellation of license. With highly trained household
workers, recruiters in the Philippines can demand higher service fees from employers, which include the
placement fee that is usually asked from the worker.


Also under the new policy, the Philippine Overseas Labor Offices (POLO) will be strict in their pre-
qualification system to determine the employer’s fitness to hire domestic workers, including personal
interview of the employer. The POLO and the POEA shall blacklist employers who have committed cases
of abuse and maltreatment against Filipino workers and cases of contractual breaches especially non-
payment or underpayment of salaries.
              SAMPLE EMPLOYMENT CONTRACT FOR VARIOUS SKILLS
This employment contract is executed and entered into by and between:
A. Employer:
__________________________________________________________________________
Address:
__________________________________________________________________________
P.O. Box No. : ____________________________ Tel. No.:__________________________
B. Represented in the Philippines by;
Name of Agent / Company: ___________________________________________________
Address: __________________________________________________________________
And
C. Employee________________________________________________________________
D.
Civil Status : _______________________Passport No.: ______________________________
Date & Place of Issue: ________________________________________________________
Address:
___________________________________________________________________________
Voluntarily binding themselves to the following terms and conditions:
1. Site of Employment _________________________________________________________
2. Contract Duration______________________ commencing from employee’s departure from
the point of origin to the site of employment.
3. Employee’s Position__________ ______________________________________________
4. Basic Monthly Salary _______________________________________________________
5. Regular Working Hours: Maximum of 8 hours per day, six days per week.
6. Overtime Pay:
a. For work over regular working hours: __________________________________________
b. For work on designated rest days & holidays: ____________________________________
7. Leave with Full Pay:
a. Vacation
Leave:_____________________________________________________________________
b. Sick
Leave:_____________________________________________________________________
8. Free transportation to the site of employment and in the following cases, free return transportation to
the point of origin: a). expiration of the contract; b). termination of the contract by the employer without
just cause; c). if the employee is unable to continue to work due to work connected or work aggravated
injury or illness; d). force majeure; and e). in such other cases when contract of employment is terminated
through no fault of the employee.
9. Free food or compensatory allowance of US$ _____________, free suitable housing.
10. Free emergency medical and dental services and facilities including medicine.
11. Personal life and accident insurance in accordance with host government and / or Philippine
government laws without cost to the worker. In addition, for areas declared by the Philippine government
as war risk areas, a war risk insurance of not less P100,000 shall be provided by the employer at no cost
to the worker.
12. In the event of death of the Employee during the terms of this agreement, his remains and personal
belongings shall be repatriated to the Philippines at the expense of the Employer. In case the repatriation
of remains is not possible, the same may be disposed of upon prior approval of the Employee’s next of
kin and / or by the Philippine Embassy / Consulate nearest the jobsite.
13. The Employer shall assist the Employee in remitting a percentage of his salary through the
proper banking channel or other means authorized by law.
14. Termination:
a. Termination by Employer: The employer may terminate this Contract on the following just causes:
serious misconduct, willful disobedience of employer’s lawful orders, habitual neglect of duties,
absenteeism, insubordination, revealing secrets of establishment, engaging in trade union activities, when
employee violates customs, traditions, and laws of __________ and/or terms of this Agreement. The
employee shall shoulder the repatriation expenses.
b. Termination by the Employee: The employee may terminate this Contract without serving any notice to
the employer for any of the following just causes: serious insult by the employer or his representative,
inhuman and unbearable treatment accorded the employee by the employer or his representative,
commission of a crime / offense by the employer or his representative and violation of the terms and
conditions of the employment contract by the employer or his representative. Employer shall pay the
repatriation expenses back to the Philippines.
b.1 The employee may terminate this Contract without just cause by serving one (1) month in advance
written notice to the employer. The employer upon whom no such notice was served may hold the
employee liable for damages. In any case, the employee shall shoulder all expenses relative to his
repatriation back to his point of origin.
c. Termination due to Illness: Either party may terminate the contract on the ground of illness, diseases or
injury suffered by the employee. The employer shall shoulder the cost of repatriation.
15. Settlement of Disputes: All claims and complaints relative to the employment contract of the
employee shall be settled in accordance with Company policies, rules and regulations. In case the
employee contests the decision of the employer, the matter shall be settled amicably with the participation
of the Labor Attache or any authorized representative of the Philippine Embassy / Consulate nearest the
site of employment. In case the amicable settlement fails, the matter shall be submitted to the competent
or appropriate government body in the host country or in the Philippines if permissible by host country
laws at the option of the complaining party.
16. The employee shall observe employer’s company rules and abide by the pertinent laws of the host
country and respect its customs and traditions.
17. Applicable Law: Other terms and conditions of employment which are consistent with the
above provisions shall be governed by the pertinent laws of the ___________________________.
In witness thereof, we hereby sign this contract this ___________ day of ___________________,
_____________ at Manila, Philippines.




_____________________________                                ___________________________________
             Employee                                                          Employer


______________________________
  Philippine Representative
(Licensed Recruitment Agency)


______________________________                              ____________________________________
             Witness                                                           Witness
                                        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
remunerated 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. – Both withstanding 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. 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, 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 with 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 centere 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
freedons 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.
 REQUIREMENTS FOR MARRIAGE OF FILIPINO AND FOREIGN NATIONAL IN THE PHILIPPINES

Philippine law requires a citizen or subject of a foreign country to obtain a Certificate of Legal Capacity
to Contract Marriage. It is issued by the diplomatic or consular offices of his or her country, prior to the
issuance of a marriage license in the Philippines. This serves as a clearance or permit from the consul as
an actual proof of the subject’s civil status and his/her eligibility for marriage.


After receiving the certificate of legal capacity to contract marriage both parties must proceed to the city
hall or the municipality in which the Philippine national habitually resides. (where he or she has lived for
at least the last 6 months). You must then both present the certificate of legal capacity to contract
marriage to the local civil registrar and apply for your marriage license. (Family Code of the Philippines,
Article 9). Please refer all questions regarding the procedures and requirements necessary to apply for
your marriage license directly to the local civil registrar issuing the marriage license.


After applying your marriage license, the information given in the application will be posted for 10
consecutive days inside the city hall or the municipality in which the Philippine national habitually
resides. The marriage license will be issued after the completion of this 10-day period (Family Code of
the Philippines, Article 17). The marriage license, once issued, is valid in any part of the Philippines for
120 days. If it has not been used during this 120-day period it will then automatically expire (Family
Code of the Philippines, Article 20)


The marriage ceremony must be solemnized by an individual with the legal authority to perform such a
ceremony. Upon the completion of the ceremony all participants (the presiding official, the witnesses, and
the husband and wife must sign the marriage certificate (Family Code of the Philippines, Articles 2-7).


Following the signing of the marriage certificate by all parties involved, the marriage certificate must be
sent to the city hall or the municipality in which the Philippine national habitually resides. It will then be
registered by the local civil register. (Family Code of the Philippines, Article 23). Please remember to get
certified true copies of the marriage contract from the local civil registrar.
 CHURCH REQUIREMENTS FOR MARRIAGE WITH FOREIGNERS IN THE PHILIPPINES
1) Clearance: Foreigners who wish to apply for marriage with a Filipino citizen must first secure
clearance from the Archdiocesan Chancery Office at the Arzobispado de Manila, 121 Arzobispo St.,
Intramuros, Manila (near Manila Cathedral). This clearance must be submitted to the Parish Office upon
filing of application for the wedding.
2) Baptismal Certificate: This must be the original and obtained not more than three months from the
wedding date. It must have the annotation: "FOR MARRIAGE PURPOSE ONLY." This is a requirement
for BOTH bride and groom whether they are Catholic or not.
3) Certification of freedom to marry: This can be obtained from the Catholic Pastor, Protestant Minister
or the Embassy of the foreigner.
4) Marriage license: this can be obtained from the civil authorities; or a Marriage Contract if already
married with the civil registry number.
5) Permission and certification of singularity: This can be obtained from the parish of the bride if she is
Catholic.
6) Military clearance: This has to be secured from the base military authorities specifically from the
immediate Commanding Offices ONLY if any of the parties belong to the military.


Non-Catholic Church
For Non-Catholic: 1) A certification of his/her legal capacity to marry. Has to be obtained from his/her
embassy or from the country of origin.
2) Marriage banns: These have to be posted for three consecutive Sundays.
3) Dispensation: A dispensation from the impediment of mixed marriage/religion (Disparitas Cultas) has
 to be obtained if necessary.
4) Widow and Widower: The death certificate of the former spouse has to be presented to the office.
5) Divorced parties: A document of the Declaration of Nullity promulgated by the Catholic Memorial
Tribunal or a certification from the Bishop of the party that he/she is free to marry has to be presented to
the Archdiocesan Chancery Office for authentication and clearance.
 PHILHEALTH’S COVERAGE FOR OVERSEAS FILIPINO WORKERS MEDICARE PROGRAM

Mga Karaniwang Tanong sa Overseas Workers Program ng PhilHealth Membership:

1.Bakit ko dapat i-renew ang aking PhilHealth membership sa tuwing ako ay aalis at magtatrabaho sa
ibang bansa?
Mahalaga ito para tuloy-tuloy ang coverage ninyo na magagamit sa panahon ng pagkakasakit ninuman sa
inyong pamilya.

2.Anu-ano ang mga dokumentong kailangan kong isumite para sa aking renewal?
Isumite lamang ang alinman sa mga sumusunod:○ Active Overseas Employment Certificate (OEC) ○
                                             1                                             2
Valid Overseas Employment Contract ○  3 Active re-entry visa o kahit na anong dokumento na
nagpapatunay na active OFW pa ang miyembro.

3.Saan ako maaaring mag-renew ng aking membership?
Maaari po kayong mag-renew sa alinman sa mga sumusunod: ○ Tanggapan ng PhilHealth ○
                                                              1                             2
PhilHealth Balik Manggagawa Processing Center na nasa Philippine Overseas Employment
Administration (POEA) ○ Tanggapan ng I-Remit na matatagpuan sa Singapore, London UK, Taipei at
                       3
Hongkong.

4. Sino naman ang maaaring magproseso ng aking renewal kung ako ay nasa ibang bansa?
Sinuman sa inyong immediate family ay maaaring magproseso ng inyong renewal. Kailangan lamang nila
ng valid Identification Card at magsumite ng anumang dokumento na magpapatunay na kayo ay isang
active OFW. Kung hindi kapamilya kailangan din ng authorization letter galing sa miyembro at 2 valid
IDs nila.

5. Ano ang kailangan kong gawin upang maisaayos ang mali o kulang na impormasyon na naitala ko sa
PhilHealth katulad ng civil status, employment, tirahan, dependents at iba pa?
Magfill-up lamang kayo ng 2 kopya ng Member Data Amendment Form (M2) at isumite sa alinmang
tanggapan ng PhilHealth kalakip ang mga kaukulang dokumento na makikita sa likuran ng nasabing form.

6. Kung ako ay isang immigrant na ng ibang bansa, maaari ko pa bang ipagpatuloy ang membership ko sa
PhilHealth?
Hindi na kayo maaaring maging miyembro pa ng PhilHealth kung kayo ay magpapalit na ng
pagkamamamayan (citizenship). Ngunit kung kayo ay nasa Pilipinas maaari ninyong ipagpatuloy ang
inyong PhilHealth coverage bilang Voluntary member sa ilalim ng Individually Paying Program.

Contribution:
1. Maaari bang ma-refund ng kontribusyon kung sakaling ako ay nakapagbayad ng doble?
May dalawang paraan para maisaayos ang dobleng bayad: 1st option: Maaaring i-refund ito sa mismong
araw ng pagbabayad. Ipakita lamang ang dalawang kopya ng resibo para makansela at ma-refund ang
huling bayad. 2nd option: Maaaring ipa-adjust na lamang ang binayaran para sa susunod na kontribusyon.

Claims:
1.Gaano kabilis ang pagpoproseso ng PhilHealth claim?
Ang pagpoproseso ng claim ay sa loob lamang ng 60 araw mula sa petsa ng pagtanggap ng PhilHealth.

2.Magagamit ko ba agad ang benepisyo ko sa PhilHealth pagkatapos kong makapagbayad ng aking
kontribusyon?
Sa mismong araw na ikaw ay nagbayad ng iyong kaukulang kontribusyon ay maaari mo na itong magamit.

3. Saan maaaring i-file ang claim kung na-ospital ang aking dependent sa Pilipinas?
Maaaring i-file ang claim sa alinmang tanggapan ng PhilHealth na nakakasakop sa ospital kung saan
naconfine ang pasyente.
4.Kung expired na ang aking Member Data Record (MDR) maaari pa ba akong makapag-claim ng
kaukulang benepisyo?
Maaari pa kayong mag-claim kung kayo ay makakapag-renew ng inyong membership coverage sa loob
lamang ng 30 araw pagkatapos na ito ay mag-expired.

NAKASEGURO PATI KALUSUGAN NG IYONG PAMILYA
Kasama rin sa iyong PhilHealth coverage ang mga sumusunod: ○ Legal na asawa (hindi miyembro ng
                                                                  1
PhilHealth) ○ Mga anak na mababa sa 21 taon-gulang, walang asawa at hindi nagtatrabaho. Kasama
             2
ang illegitimate, legitimated, adopted o step children. Mga anak na 21 taon na o pataas ngunit may
kapansanan (pisikal o sa pag-iisip) o congenital illness ay kasama rin. ○ Mga magulang 60 taon gulang
                                                                        3
pataas na hindi miyembro ng PhilHealth. Kasama ang step parents (kung patay na ang tunay na
magulang) at adoptive parents (kung may adoption papers).

Mga benepisyo sa ilalim ng OWP ng PhilHealth
Out-patient Care
1) Lireng check-up at routine laboratory exams and medicines na hindi lalagpas sa P500/pamilya kada
   isang taon sa mga accredited OPD clinics. (sa Pilipinas lamang)
2) Reimbursement sa day surgeries, kasama pati chemotherapy, radiotherapy at dialysis sa mga accredited
   free-standing dialysis clinics at ospital.

Special Benefit Packages
1) Maternity Care Package – P4,500 para sa bawat unang dalawang normal deliveries sa mga accredited
lying-in clinics at hospitals
2) TB-DOTS (Directly Observed Treatment Shortcourse) Package – P4,000 para sa gamutan ng
pulmonary at extra pulmonary tuberculosis sa mga accredited TB-DOTS Centers. (sa Pilipinas lamang)
3) SARS Package na aabot sa P50,000.
4) Avian Influenza / Influenza Pandemic o Bird Flu na aabot sa P50,000

Mga dapat tandaan sa pagkamit ng benepisyo ng Local confinement
a) Upang makamit kaagad ang benepisyo ng PhilHealt bago lumabas ng ospital,isumite sa PhilHealth
Section ng ospital ang mga sumusunod: ○ Original PhilHealth Claim Form 1 ○ Valid Medicare
                                              1                                  2
Eligibility Certificate (MEC) o EnhancedMember Data Record (MDR), PhilHealth Premium Payment
Receipt (i.e. E-receipt, PhilHealth Official Receipt, MI-5) ○ Kopya ng dokumentong magpapatunay sa
                                                            3
relasyon nglegal na dependent sa miyembro (kung wala pa ito sa Enhanced MDR)

b) Kung binayaran ng buo ang ospital (no PhilHealth deductions), isumite ang mga sumusunod sa
Tanggapan ng PhilHealth sa loob ng 60 araw pagkalabas ng ospital upang makamit ang karampatang
PhilHealth benefits:
1) Original PhilHealth Claim Form 1 na napunan ng miyembro o ng kamag-anak ng miyembro
2) Original PhilHealth Claim Form 2
3) Original PhilHealth Claim Form 3 (para lamang sa na-confine sa level 1 hospital (primary) o naospital
   na hindi lalagpas ng 24 oras.
4) Valid Medicare Eligibility Certificate (MEC) o Enhanced Member Data Record (MDR), PhilHealth
Premium
a) Payment Receipt (i.e. E-receipt, PhilHealth Official Receipt, MI-5)
b) Original Official Receipt (OR); o kaya Waiver na galling sa ospital na nagpapatunay na walang
naibawas na PhilHealth benefits sa kabuuang babayaran.

c) Hospital Operative Record (kung may ginawang surgical procedure)
Note: Maaaring pirmahan ng tinalagang kinatawan ng miyembro ang PhilHealth Claim Form 1(mahihingi
sa ospital, PhilHealth Office at maaaring ma-download sa Forms page kung ang member ay nasa abroad.
Confinement abroad: Isumite ang mga sumusunod sa Tanggapan ng PhilHealth o sa Consular Office sa
abroad sa loob ng 180 araw pagkaraang lumabas ng ospital upang makamit ang karampatang benepisyo:
○Original PhilHealth Claim Form 1 ○ Valid Medicare Eligibility Certificate (MEC) o Enhanced
 1                                        2
Member Data Record (MDR), PhilHealth Premium Payment Receipt (i.e. E-receipt, PhilHealth Official
Receipt, MI-5) ○ Kopya ng dokumentong magpapatunay sa relasyon ng legal na dependent sa
                 3

miyembro (kung wala pa ito sa Enhanced MDR) ○ Official Receipt ng binayarang bill sa ospital at
                                                   4
duktor ○ Statement of account (may kaukulang singil para sa kwarto, gamot, X-ray at iba pang
         5

laboratory examinations, operating room at bayad sa duktor). ○ Medical Certificate mula sa attending
                                                              6
physician kung saan nakasaad ang final diagnosis, petsa ng pagkaka ospital at mga iba pang serbisyong
natanggap.
Note: Nakasalin dapat sa English ang mga dokumentong nakasulat sa ibang wika.

Paalala po! Ituloy ang pagbabayad ng iyong kontribusyon upang masiguro ang tuloy-tuloy na benepisyo
mula sa PhilHealth! Maaaring bayaran ang taunang kontribusyon na P900 sa mga sumusunod:

Sa abroad: Ang katumbas ng halagang P900 sa bansang kinaroroonan ay maaaring bayaran sa Embahada
ng Pilipinas sa bansang pinagtatrabahuan.

Sa Pilipinas: Maaaring ipakiusap sa kamag-anak na bayaran ang kontribusyon sa alinmang tanggapan ng
PhilHealth na makikita sa buong kapuluan o PhilHealth Balikmanggagawa Processing Center na nasa
Philippine Overseas Employment Administration (POEA). Magpakita lamang ng dokumento (tulad ng
employment contract) na magpapatunay na ikaw ay OFW.

* Kung sakaling ikaw ay hindi na OFW, maaaring ituloy pa rin ang iyong membership sa PhilHealth
bilang isang Individually Paying Member upang maipagpatuloy ang pagkamit ng benepisyo mula sa
Philhealth.

        Kung ikaw naman ay 60 taon gulang na at pataas, umabot na nang 120 buwan ang iyong
         naihulog na kontribusyon sa PhilHealth at hindi na nagtatrabaho, ikaw ay maaari nang maging
         Non-Paying Member. Habang buhay mo nang makakamit ang benepisyo ng PhilHealth nang
         wala ka nang babayarang kontribusyon.
                                              DUAL CITIZENSHIP
Q: What is Republic Act No. 9225?
A: Republic Act No. 9225 is an Act making the citizenship of Filipinos who acquire foreign citizenship
permanent, amending for the purpose Commonwealth Act No. 63. RA 9225, which took effect on 17
September 2003, declares that former natural-born Filipino citizens who acquired foreign citizenship
through naturalization are deemed not to have lost their Philippine citizenship under conditions provided
in the Act. There former Filipinos can re-acquire/retain their Philippine citizenship by taking the oath of
allegiance to the Republic of the Philippines.


Q: Who is a natural-born Filipino citizens?
A: Under the Philippine Constitution, a natural-born citizen is a person born of one or both parents who
are Filipino citizens at the time of birth.


Q: Does the law RA 9225 apply to dual citizens?
A: RA 9225 does not apply to dual citizens, ie, those who have both Philippine citizenship as well as
foreign citizenship not acquired through naturalization.


A child born of parents who are both Filipino citizens (at the time of birth) in a country that adheres to the
jus soli principle (eg, the United States) is a dual citizen. The child, who is a natural-born Filipino because
the Philippines adheres to the jus sanginis principle, is also entitled to apply for a US passport.


Jus soli (right of soil) is the legal principle that a person's nationality at birth is determined by the place of
birth (ie, the territory of a given state).


Jus sanguinis (right of blood) is the legal principle that, at birth, an individual acquires the nationality of
his/her natural parent/s.


A child born of one parent who is a Filipino citizen (at the time of birth) and of one foreign parent (eg,
Australian) whose country adheres to the jus sanguinis principle is a dual citizen and is entitled to apply
for both Philippine and Australian passports.


A child born of one parent who is a Filipino citizen (at the time of birth) and of one foreign parent (eg,
Australian) whose country adheres to the jus sanguinis principle in a country that adheres to the jus soli
principle (eg, US) would be entitled to apply for Philippine, Australian and US passports.
Q: How do I prove that I am a natural-born Filipino?
A: A former natural-born citizen, who was born in the Philippines, shall submit the NSO-authenticated
copy of his or her birth certificate.


A former natural-born citizen, who was born abroad, shall present a copy of the Report of Birth issued by
the Philippine Embassy or Consulate and, in applicable cases, the original copy of the Birth Certificate by
competent foreign authorities.


Q: What is the procedure in applying and what documents are required in order to apply?
A: Applicant shall present a copy of his/her Birth Certificate issued or duly-authenticated by the National
Statistics Office (NSO) in Manila.
(Note: applicants can request for an authenticated birth certificate from the National Statistics Office on-
line through the following website: www.ecensus.com.ph)


In case of no records found, applicant must present a Certificate of Non-Availability of Birth Record from
the NSO and other secondary documentary proof of being a former natural-born Filipino citizen (e.g. old
Philippine passport, baptismal certificate, marriage certificate of applicant’s parents)


Applicant accomplishes form entitled “Petition for Dual Citizenship and Issuance of Identification
Certificate (IC) pursuant to RA 9225” and attaches three (3) 2”x2” photographs showing the front, left
side and right side views of the applicant.


Applicant submits duly-accomplished petition to the Philippine Consulate / Embassy together with the
photos, birth certificate and a valid ID.
(Note: applicants who are married and who wish to use their married names must submit a copy of their
marriage certificate).


Applicant pays a processing fee of US$ 50.00 and is assigned a schedule for his/her oath of allegiance
before a consular officer. Applicant takes his/her oath.


Applicant is given the original copy of his notarized oath of allegiance together with an Order of
Approval issued by the Philippine Consulate General.
The Philippine Consulate General forwards to the Bureau of Immigration in Manila the petition, oath,
order of approval, and other supporting documents for issuance of an Identification Certificate.
The Bureau of Immigration issues an Identification Certificate (IC) and forwards it to the applicant
through the Philippine Consulate General.


Q: What is the implementing agency of RA 9225?
A: Administrative Order No. 91, Section 1 designates the Bureau of Immigration (BI), in consultation
with the Department of Foreign Affairs (DFA), Department of Justice (DOJ), Office of the Civil
Registrar-General of the National Statistics Office (NSO), as the implementing agency of RA 9225


Q: Where do I apply for re-acquisition of Philippine Citizenship if I am in the Philippines?
A: A former natural-born Filipino citizen who is already in the Philippines and registered in the Bureau of
Immigration shall file a petition under oath to the Commissioner of Immigration for the cancellation of
the Alien Certicate of Registration (ACR) and issuance of an Identification Certificate (IC) as the case
may be, under RA 9225.


A former natural-born citizen who is already in the Philippines but has not registered with the BI within
60 days from date of arrival shall file a petition under oath to the Commissioner of Immigration for the
issuance of an IC under RA 9225.


Q: Where do I apply for re-acquisition of Philippine Citizenship if I am overseas?
A: A former natural-born citizen who is abroad but is a BI-registered alien shall file a petition under oath
to the nearest Philippine Embassy or Consulate for evaluation. Thereafter, the Embassy or Consulate shall
forward the entire records to the Commissioner of Immigration for the cancellation of the ACR and
issuance of an IC under RA 9225.


A former natural-born citizen who is abroad and is not a BI-registered alien shall file a petition under oath
to the nearest Philippine Embassy or Consulate for the issuance of an IC under RA 9225.


Q: What is the Oath of Allegiance?
A: The Oath of Allegiance is the final act that confers Philippine citizenship. It reads as follows:
"I,________________, solemnly swear that I will support and defend the Constitution of the Republic of
the Philippines and obey the laws and local orders promulgated by the duly constituted authorities of the
Philippines, and I hereby declare that I recognize and accept the supreme authority of the Philippines and
will maintain true faith and allegiance thereto, and that I impose this obligation upon myself voluntarily
without mental reservation or purpose of evasion."
Q: Can the conferment of Philippine citizenship be revoked?
A: The conferment of Philippine citizenship under the IRR shall no longer be subject to the affirmation
by the Secretary of Justice. However, Philippine citizenship may be revoked by competent authority upon
a substantive finding of fraud, misrepresentation or concealment on the part of the applicant.


Q: Can my foreign spouse also become a Filipino citizen under RA 9225?
A: No, the law does not apply to the foreign spouse. He/she has the following option if he/she wishes to
reside permanently in the Philippines: (a) apply for naturalization; (b) apply for a permanent resident visa.


Q: Can my children (minor or aged 18 years old or over) also acquire Philippine citizenship under RA
9225?
A: According to Section 4 of RA 9225 (Derivative Citizenship), the unmarried child, whether legitimate,
illegitimate or adopted, below eighten (18) years of age, of those who re-acquire Philippine citizenship
under this Act shall be deemed citizens of the Philippines.


A married child, although a minor, cannot therefore be included in the petition of his/her parent.


Children 18 years old and over do not qualify to acquire Philippine citizenship under RA 9225. They have
the same options that are open to the foreign spouse.


Q: What is the procedure for derivative acquisition of Philippine citizenship?
A: The petition under oath has the option to list the names and details of any minor, unmarried children.
The applicant should include a copy of the Report of Birth and the original copy of Record of Birth for
each minor child.
The Embassy will clarify from Bureau of Immigration the exact procedure in case of the minor children
and whether the BI will issue to them a Certificate of Identification.


Q: After I have re-acquired Philippine citizenship, can I apply for a Philippine passport?
A: Yes, and so can the minor children who are deemed to have acquired Philippine citizenship under RA
9225. You would need to comply with the requirements for first-time passport applicants.


Q: What rights and privileges will dual citizens enjoy?
A: Those who retain or reacquire their Philippine Citizenship under RA 9225 shall enjoy full civil and
political rights and be subject to all attendant liabilities and responsibilities under existing laws of the
Philippines and the following conditions:
Those intending to exercise their right of suffrage must meet the requirements under Section 1, Article V
of the Constitution, Republic Act No. 9189, otherwise known as “The Overseas Absentee Voting Act 0f
2003” and other existing laws.


Under the Act, the right to vote or be elected or appointed to any public office in the Philippines cannot
be exercised by, or extended to, those who are candidates for or are occupying any public office in the
country of which they are naturalized citizens and/or those who are in active service as commissioned or
non-commissioned officers in the armed forces of the country which they are naturalized citizens.


Those seeking elective public office in the Philippines shall meet the qualifications for holding such
public office as required by the Constitution and existing laws and, at the time of filing of the certificate
of candidacy, make a personal and sworn renunciation of any and all foreign citizenship before any public
officer authorized to administer an oath.


Those appointed to any public office shall subscribe and swear to an oath of allegiance to the Republic of
the Philippines and its duly constituted authorities prior to their assumption of office: Provided, That they
renounce their oath of allegiance to the country where they took that oath;


Q: Can I now acquire land and other properties or engage in business?
A: As provided for under the 1987 Philippine Constitution, a Filipino citizen is entitled to purchase land
and other properties and engage in business. There is no limit in terms of area or size of land or real
property he/she could acquire/purchase under his/her name. This right would now apply to former
natural-born Filipinos who have re-acquired Philippine citizenship under RA 9225.


Q: Can I now reside in the Philippines without having to apply for entry visa?
A: Former natural born Filipinos who have re-acquired Philippine citizenship may now reside in the
Philippines continuously without having to apply for entry visa. If the foreign spouse and/or child wish to
also reside permanently in the Philippines, they may opt to apply for naturalisation as a Filipino citizen or
apply for a permanent resident visa.


If he/she does not wish to reside permanent in the Philippines, he/she could visit the country as a
Balikbayan (refers to a Filipino citizen who is out of the country continuously for at least one year). The
foreign spouse or child may enter the country and stay for up to a year visa-free provided the spouse or
child is accompanying or travelling with the Balikbayan when the Balikbayan goes home to the
Philippines.
Q: As a dual citizen, how long can I stay in the Philippines?
A: Having reacquired your citizenship, you can stay in the Philippines for as long as you want without
having to pay an immigration fees. You can even choose to retire or permanently settle back in the
Philippines. As a Filipino citizen, you are subject to duties and other obligations imposed on other
ordinary Filipinos, such as paying the necessary community tax residence and other tax liabilities in
accordance with the tax laws of the Philippines.


Q: Will I now be required to pay income tax and other taxes? Am I exempt from paying the travel tax?
A: In accordance with existing laws, income earned in the Philippines is subject to the payment of tax.
Filipinos who re-acquire citizenship and opt to reside and work in the Philippines will pay the income tax
due at the end of each fiscal year. They are also subject to other obligations and liabilities, such as the
community tax and residence tax.
Countries routinely forge bilateral agreements in order that their respective citizens who earn income
overseas do not pay income tax twice.
Filipinos who have re-acquired citizenship, as long as they reside permanently overseas, also enjoy the
travel tax exemption extended to Filipino citizens permanently residing in other countries, the OFWs and
their dependents.


Q: As a dual citizen, am I allowed to practice my profession in the Philippines (e.g. doctor)?
A: Under the law, those intending to practice their profession in the Philippines shall apply with the
proper authority for a license or permit to engage in such practice.


Q: If I need to get more details on the rules and procedures for the implementation of RA 9225, which
government office do I contact in the Philippines?
A: Under Administrative Order No. 92 Series of 2004 dated 12 January 2004, the Bureau of Immigration
has been designated as the government agency in charge of formulating the rules and procedures for the
implementation of Republic Act No. 9225. The contact details of Immigration Commissioner Alipio F.
Fernandez are as follows: Office of the Commisioner, Bureau of Immigration, Magallanes Drive,
Intramuros, Manila, Philippines. (Tel. No. (63)2 527-3265 / Fax No. (63-2) 527-3279)


.

				
DOCUMENT INFO
Description: Employment Certificate Sample for Embassy Purposes document sample