ANONG MASASABI NIYO MGA KABAYAN?
Ang kinatawan ng OFW Family Partylist na si Rep Roy V. Seneres ay nagfile ng House Bill 3576 na nagbibigay sa mga Ambassadors, Consul Generals, Charge d' Affairs ng karapatan para direktahan ang isang OFW na magpadala ng parte ng kanyang kinikita sa kanyang mga mga legal na dependents na naiwan sa Pilipinas dahil kung hindi ay posible itong maharang at hindi makapagrenew ng passport.
Ayun kay Seneres ang hindi pagpapadala ay likas na sa mga land based na OFWs hindi kagaya ng mga seaman na nagtratrabaho sa ibang bansa, at ang mga land based ay hindi sakop ng batas na NIREREQUIRE sa kanila na magremit ng kanilang sahod sa mga pamilya sa Pinas.
Sa ilalim ng HB 3576, ang mga OFW ay mandatory na sundin ang batas na magpadala ng materyal, pinansiyal at moral na suporta sa mga miyembro ng kanilang pamilya sa Pilipinas habang nasa abroad.
Ang bill ay nagbibigay ng karapatan sa Department of Foreign Affairs o DFA na kailangan ang isang OFW ay magbigay ng PROOF OF REMITTANCE bilang requirement sa pagrerenew ng passport. Sa proposal na batas, kailangan rin ang mga kumpirmadong bank remittance, o resibo ng padala o Sworn Statement mula sa dependent na ang suporta ay binibigay nga at naibibigay nga sa kanila.
BASAHIN ANG KABUUANG BATAS DITO
HOUSE BILL NO. 3576 by OFW FAMILY PARTYLIST REPRESENTATIVE ROY SENERES
Principal Author: SEÑERES, ROY V.
Main Referral: OVERSEAS WORKERS AFFAIRS
Status: Pending with the Committee on OVERSEAS WORKERS AFFAIRS since 2013-12-16
AN ACT AUTHORIZING AMBASSADORS, CONSUL GENERALS, CHIEFS OF MISSIONS OR CHARGE D’ AFFAIRS TO ORDER AND DIRECT AN OVERSEAS FILIPINO WORKER (OFW) TO SEND SUPPORT TO HIS OR HER LEGAL DEPENDENTS AS REQUIRED BY EXISTING LAWS
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Remittance of Foreign Exchange Earnings. – Overseas Filipino Workers (OFWs), whether sea-based or land-based are required to remit regularly a portion of their foreign exchange earnings to their family or legal dependent recipient in the Philippines through the Philippine banking system or any authorized credit unions, money transfer operators or through the postal mail. Private employment agencies and other entities authorized by the Philippine Overseas Employment Administration (POEA) to recruit Filipino workers for overseas employment are similarly required to assist OFWs in the remittance of their foreign exchange earnings as provided for in this Act.
SEC. 2. Obligations and Duties of Overseas Filipino Workers. – It shall be the obligation and duty of every OFW to continue to observe and respect the laws, customs, traditions and practices of the Philippines wherever they may be. It shall also be the obligation and duty of every OFW to provide material or financial and moral support to one’s family or dependent in the Philippines during the period of overseas employment.
SEC. 3. Designated Recipient of Support. –The designated recipient of support of the OFW shall be one of those entitled to support from the OFW under existing laws. The designation of a recipient or dependent shall be in accordance with the enumeration in Article 195 of Executive Order No. 209, otherwise known as the “Family Code of the Philippines” which pertains to those who are obliged to support each other.
SEC. 4. Proof of Remittance. – For purposes of this Act, proof of compliance with the mandatory remittance requirement as mentioned in Section 1 hereof, may consist of any of the following documents showing that the OFW had in fact effected the aforesaid remittance to his or her designated recipient or dependent:
a) Confirmed bank (foreign) remittance receipt;
b) Receipt of International Postal Money Order;
c) A Sworn Statement from the dependent that said support has already been satisfied and/or settled;
SEC. 5. Ambassadors, Consul Generals, Chiefs of Mission or Charge d’ Affairs Authorized to Withhold Renewal or Approval of Passport. – Passports issued to OFWs may be renewed by the Department of Foreign Affairs (DFA) upon submission of the usual requirements and presentation of documentary proof of compliance to the remittance requirement provided for in this Act. Upon receipt of a duly notarized Complaint for Support from any OFW dependent, which sworn statement duly authenticated by the Mayor or Governor of the dependent’s place of residence, Ambassadors, Consul Generals, Chiefs of Mission or Charge d’ Affairs are authorized to withhold the renewal or approval of the passport of an erring OFW unless proof of compliance of the remittance requirement of his financial support is submitted.
SEC. 6. Implementing Rules and Regulations. – Within sixty (60) days from the effectivity of this Act, the Secretary of the Department of Foreign Affairs (DFA) in consultation with the Secretary of the Department of Labor and Employment (DOLE), the Administrator of the Philippine Overseas Employment Administration (POEA), the Administrator of the Overseas Workers Welfare Administration (OWWA), shall promulgate the necessary rules and regulations for the effective implementation of this Act.
SEC. 7. Non-impairment Clause. – Nothing in this Act shall be construed to diminish, impair or repeal the rights granted to OFWs under existing laws, rules and regulations.
SEC. 8. Separability Clause. – If any provision or part of this Act is declared unconstitutional or invalid, the remaining parts or provisions not affected shall remain in full force and effect.
SEC. 9. Repealing Clause. – All laws, decrees, ordinances, rules and regulations and other issuances or parts thereof, which are inconsistent with this Act, are hereby repealed or modified accordingly.
SEC. 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after publication in the Official Gazette or in two (2) national newspapers of general circulation.
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