Philippine Laws Affecting OFW
Posted by: MH
Dec 05, 2018
Right to travel
The Philippine Passport Act of 1996 (Republic Act. No. 8239) affirms the inviolability of the constitutional right of every Filipino to travel abroad. The law mandates the State to uphold the integrity and credibility of the Philippine passport. Thus, the Department of Foreign Affairs has the duty to issue passport or travel document to any citizen of the Philippines who complies with the requirements of the Act.
Right to be protected
The Migrant Workers and Overseas Filipinos Act (Republic Act No. 10022) concretized the government’s commitment to protect the rights and to promote the welfare of OF in distress.
It also provided the framework for concerted government action in dealing with difficulties faced by Filipinos abroad by:
- Institutionalization of Migrant Workers Loan Guarantee Fund and the Legal Assistance Fund
- Establishment of Migrant Workers and Overseas Filipino Resource Centers
- Issuance of travel advisory information dissemination
- Establishment of Shared Government Information System for Migration
- Establishment of National Reintegration Center for OFW
- Creation of Assistance-to-Nationals Task Force
- Compulsory insurance coverage for Agency-Hired Workers
Right to vote
The Overseas Voting Act of 2013 ensures equal opportunity to all qualified citizens of the Philippines abroad in the exercise of their right to participate in the election of President, Vice-President, Senators and Party-List Representatives.
Filipino Dual Citizens can now also register and vote.
No more affidavits binding Filipinos to return in 3 years. Under the old law, an immigrant or a permanent resident must execute upon Commission on Elections declaring that he or she “shall resume actual physical permanent residence” in the Philippines not later than three years from approval of his or her registration.
Special Protection for Women
Anti-Mail Order Bride Act of 1990 (Republic Act 6955) declares unlawful the acts profiting from the matching, offering and contracting marriage between Filipino women and foreign nationals. Aside from matching on a mail-order basis, the law prohibits similar practices using advertisement, publication, printing or distribution of both brochures, flyers and other propaganda materials.
The law has been enacted to curb trafficking of Filipinos through inter-country marriage.
Republic Act No. 8171 of 1995 provides for the repatriation of Filipinos who have lost their Philippine citizenship by marriage to aliens and natural-born Filipinos, including their minor children on account of political or economic necessity, to reacquire Philippine citizenship. Women who have lost their citizenship because of marriage may reacquire their citizenship by repatriation.
Tax Exemption
Tax Reform Act of 1997 (Republic Act No 8424) provides that an individual citizen of the Philippines who is working and deriving income from abroad is taxable only on income derived from sources within the Philippines. Thus, income outside the Philippines earned by an OFW is not subject to Philippine tax.
The Balikbayan Law provided additional benefits to former Filipino citizens, Filipinos who have been continuously out of the Philippines for at least one year and OFW. These benefits include:
- travel tax exemption
- visa-free entry to the Philippines for a period of one year for former Filipinos
- duty-free and kabuhayan shopping privilege
- use of accredited transportation facilities that will ensure their safe and convenient trips upon arrival
- entrepreneurial training and livelihood skills programs
Source:
GULF LAW
Essential OFW Guide to UAE
Author: Atty. Barney Almazar
http://www.gulflaw.info/index.php