OFW justice bill filed in House

MANILA, Philippines - Overseas Filipino workers (OFWs) who were victimized in other countries can still seek justice under a bill mandating the police and immigration authorities to arrest and prosecute foreign employers as soon as they step onto Philippine soil.

Quezon City Rep. Winston Castelo, author of House Bill 5501, said the bill seeks to promote the best interest of OFWs who have become victims of various forms of criminal acts that may have been perpetuated by their foreign-based employers but which under the country’s Revised Penal Code may be punishable.

“Maybe nothing by way of legislative action has yet been done that addresses a possibly fundamental limitation as it concerns extra-territorial criminal jurisdiction where it now concerns an important sector of Philippine society whom our government has tagged as modern day heroes since they uplift our economy thru their dollar remittances,” Castelo said.

He said the “Added Protection to Overseas Filipino Workers Act of 2011” seeks to amend the provision on extra-territorial criminal jurisdiction of the Revised Penal Code. He said the criminal offenses committed by foreign employers against OFWs will be included in Article 2 of the Revised Penal Code, particularly the provision on extra-territorial criminal jurisdiction. This provision has five specific criminal jurisdictions at present.

“The arrest of the foreign employers when they are in the Philippines is a great step for the country’s criminal justice system and sends the government the signal and resolve to aid and help the country’s overseas workers who experience or even suffer a lot of indignities from foreign nationals with impunity,” Castelo said.

He said under the bill, the legal process affecting the foreign employers may reach into their assets within Philippine territory.

He said his measure sees beyond Article 2 of the Revised Penal Code that defines the application of the provisions of the Code, which have been overtaken by contemporary developments since the enactment of Republic Act 3815 or An Act Revising the Penal Code and other Penal Laws in 1930.