REPUBLIC ACT No.

10022
Section 7. Section 10 of Republic Act No. 8042, as amended, is hereby amended to
read as follows:
"SEC. 10. Money 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 damage. 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 de 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.
2002 POEA RULES, PART II, RULE II
SEC. 1 (F)(3)
f. A verified undertaking stating that the applicant: Shall assume joint and solidary
liability with the employer for all claims and liabilities which may arise in
connection with the implementation of the contract, including but not limited to
payment of wages, death and disability compensation and repatriations;
2003 POEA RULES, PART II, RULE II
SEC. 1 (E)(8)
Assume joint and solidary liability with the employer for all claims and liabilities
which may arise in connection with the implementation of the employment contract,
including but not limited to wages, death and disability compensation and their
repatriation;

R.A. NO. 8042, SEC. 9-10

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.
Omnibus Rules and Regulations Implementing The Migrant Workers and
Overseas Filipinos Act of 1995
Section 28. Jurisdiction of the POEA.
The POEA shall exercise original and exclusive jurisdiction to hear and decide:
(a) all cases, which are administrative in character, involving or arising out of
violations of rules and regulations relating to licensing and registration of
recruitment and employment agencies or entities; and
(b) disciplinary action cases and other special cases, which are administrative in
character, involving employers, principals, contracting partners and Filipino migrant
workers.
ARTICLE XII
National Economy and Patrimony

SECTION 12. The State shall promote the preferential use of Filipino labor,
domestic materials and locally produced goods, and adopt measures that help make
them competitive.

Sec. 2-A of Commonwealth Act No. 108, as amended, is hereby further amended
to read as follows:
"Sec. 2-A. Any person, corporation, or association, which, having in its name or
under its control, a right, franchise, privilege, property or business, the exercise or
enjoyment of which is expressly reserved by the Constitution or the laws to citizens
of the Philippines or of any other specific country, or to corporations or associations
at least sixty per centum of the capital of which is owned by such citizens, permits or
allows the use, exploitation or enjoyment thereof by a person, corporation or
association not possessing the requisites prescribed by the Constitution or the laws of
the Philippines; or leases, or in any other way, transfers or conveys said right,
franchise, privilege, property or business to a person, corporation or association not
otherwise qualified under the Constitution, or the provisions of the existing laws; or
in any manner permits or allows any person, not possessing the qualifications
required by the Constitution, or existing laws to acquire, use, exploit or enjoy a right,
franchise, privilege, property or business, the exercise and enjoyment of which are
expressly reserved by the Constitution or existing laws to citizens of the Philippines
or of any other specific country, to intervene in the management, operation,
administration or control thereof, whether as an officer, employee or laborer therein
with or without remuneration except technical personnel whose employment may be
specifically authorized by the Secretary of Justice, and any person who knowingly
aids, assists, or abets in the planning, consummation or perpetration of any of the
acts herein above enumerated shall be punished by imprisonment for not less than
five nor more than fifteen years and by a fine of not less than the value of the right,
franchise or privilege enjoyed or acquired in violation of the provisions hereof but in
no case less than five thousand pesos: Provided, however, that the president,
managers or persons in violating the provisions of this section shall be criminally
liable in lieu thereof: Provided, further, That any person, corporation or association
shall, in addition to the penalty imposed herein, forfeit such right, franchise,
privilege and the property provisions of this Act; and Provided, finally, That the
election of aliens as members of the board of directors or governing body of
corporations or associations engaging in partially nationalized activities shall be
allowed in proportion to their allowable participation or share in the capital of such
entities.
ARTICLE XVI
SECTION 11. (1) The ownership and management of mass media shall be limited to
citizens of the Philippines, or to corporations, cooperatives or associations, whollyowned and managed by such citizens.
The Congress shall regulate or prohibit monopolies in commercial mass media when
the public interest so requires. No combinations in restraint of trade or unfair
competition therein shall be allowed.

(2) The advertising industry is impressed with public interest, and shall be regulated
by law for the protection of consumers and the promotion of the general welfare.
Only Filipino citizens or corporations or associations at least seventy per centum of
the capital of which is owned by such citizens shall be allowed to engage in the
advertising industry.
The participation of foreign investors in the governing body of entities in such
industry shall be limited to their proportionate share in the capital thereof, and all the
executive and managing officers of such entities must be citizens of the Philippines.
ARTICLE XII
SECTION 11. No franchise, certificate, or any other form of authorization for the
operation of a public utility shall be granted except to citizens of the Philippines or to
corporations or associations organized under the laws of the Philippines at least sixty
per centum of whose capital is owned by such citizens, nor shall such franchise,
certificate, or authorization be exclusive in character or for a longer period than fifty
years. Neither shall any such franchise or right be granted except under the condition
that it shall be subject to amendment, alteration, or repeal by the Congress when the
common good so requires. The State shall encourage equity participation in public
utilities by the general public. The participation of foreign investors in the governing
body of any public utility enterprise shall be limited to their proportionate share in its
capital, and all the executive and managing officers of such corporation or
association must be citizens of the Philippines.
INVESTMENT CODE
Article 76.
Subject to the provisions of Section 29 of Commonwealth Act No. 613, as amended,
an enterprise, a zone registered enterprise may employ foreign nationals in
supervisory, technical or advisory positions for a period not exceeding five (5) years
from its registration, extendible for limited periods at the discretion of the Authority:
Provided, however, That when the majority of the capital stock of a zone registered
enterprise is owned by foreign national, the positions of president, treasurer, and
general manager or their equivalents may be retained by foreign nationals beyond the
period set forth herein.
LABOR CODE
EMPLOYMENT OF NON-RESIDENT ALIENS

Art. 40. Employment permit of non-resident aliens. Any alien seeking admission to
the Philippines for employment purposes and any domestic or foreign employer who
desires to engage an alien for employment in the Philippines shall obtain an
employment permit from the Department of Labor.
The employment permit may be issued to a non-resident alien or to the applicant
employer after a determination of the non-availability of a person in the Philippines
who is competent, able and willing at the time of application to perform the services
for which the alien is desired.
For an enterprise registered in preferred areas of investments, said employment
permit may be issued upon recommendation of the government agency charged with
the supervision of said registered enterprise.
Art. 41. Prohibition against transfer of employment.
After the issuance of an employment permit, the alien shall not transfer to another
job or change his employer without prior approval of the Secretary of Labor.
Any non-resident alien who shall take up employment in violation of the provision
of this Title and its implementing rules and regulations shall be punished in
accordance with the provisions of Articles 289 and 290 of the Labor Code.
In addition, the alien worker shall be subject to deportation after service of his
sentence.
Art. 42. Submission of list. Any employer employing non-resident foreign nationals
on the effective date of this Code shall submit a list of such nationals to the Secretary
of Labor within thirty (30) days after such date indicating their names, citizenship,
foreign and local addresses, nature of employment and status of stay in the country.
The Secretary of Labor shall then determine if they are entitled to an employment
permit.

XIV.
ENFORCEMENT OF CONTRACTUAL OBLIGATIONS
Section 51. Role of OWWA.
The Welfare Officer, or in his/her absence, the Center Coordinator of the Filipinos
Resource Center shall make proper representations with the employer/principal

and/or agency as the case may be, through conciliation meetings or conferences for
the purpose of enforcing contractual obligations concerning migrant workers. For
this purpose, the officer may enlist the assistance of the OWWA Home Office.