LIFE BEYOND THE

HORIZON
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SAINT LOUIS UNIVERSITY

SCHOOL OF LAW
LABOR LAW REVIEW
S.Y. 2017-2018

GARCIA, KRIS VERMIE T.

LINGBANAN, HYACINTH D.
MASAOY, QUEENCEL MAE M.
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Work isn't to make money; you work to justify life.

- Marc Chagall

I. ABSTRACT

The Philippine government strictly regulates the deployment of Filipino workers

abroad, nonetheless, there are still Filipino workers who do not possess the necessary
document or permit for purpose of employment while they are in foreign country. The
objectives of this study is to determine the issues relative to Filipino irregular migrants or
the so called “Tago nang Tago” (TNTs) who are seeking employment overseas, and its
effects to Philippine labor laws, and to recommend further protection to ensure full and
equal protection to undocumented Overseas Filipino Workers (OFWs). Although, there is
no definite and accurate statistics of illegal workers or TNTs abroad, by examining several
data from several organizations and agency including the Department of Foreign Affairs
(DFA), Department of Labor and Employment (DOLE), and the Philippine Statistics
Agency (PSA), it can be inferred that, still, many Filipino or TNTs are working abroad
without the necessary permit, expired permit or overstaying tourists who have found
work. As a consequence, they are not given equal protections from their employment,
thus, they are vulnerable of becoming subjects of human trafficking and other modes of
exploitation. This paper is anchored on rights based approach and data analysis.

Article XIII, section 3 of the 1987 Constitution provides that 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. The government’s failure
to address the issues of the TNTs amount to human rights violation. Article 23.1 of the
Universal Declaration of Human Rights states that everyone has the right to work, to free
choice of employment, to just and favorable conditions of work and to protection against
unemployment. Although international law provides the basic rights of migrant workers,
the formulation of policies is still territorial in nature. Hence each state member state has
the duty to formulate rules concerning illegal migrant workers. Due to such territorial
nature, Philippine laws do not generally extend to protect TNTs. This study would delve
into how Philippine laws protect TNT’s in a local and international scenario.
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II. INTRODUCTION

International migration for employment continues to rise in number due to the

rising demands of labor. The Philippines is one of the top countries which supply overseas
workers to other countries. Fortunately, the Philippine Government has adopted a policy
of involvement in all stages of the migration cycle. The Republic has entered into various
international declarations adopted by the United Nations and other international treaties
with other foreign countries. It has also enacted of local laws involving migrant workers.
Additionally, the state has adopted mechanisms which ensure maximum protection to
these workers. Due to globalization labor migration has also increased.

The country opened its doors to world trade in the year 1790 and Filipino men were
employed to work as crew members aboard commercial ships. By the early 1900’s the
United States has successfully engaged Filipino’s to work in farms in Hawaii. In 1968,
Filipino men were employed by the US as military servicemen. In 1970, the Marcos
government adopted a policy called “Development Diplomacy” which is exclusively
directed to labor exportation in the Middle East. Along with the state-facilitated labor
migration, an invisible migration was taking place. Filipinos would enter foreign
countries as tourists and remain there as domestic helpers. The 1980’s brought with it the
need for domestic workers, hence a lot of Filipino women were employed as foreign
domestic workers in Japan, Hong Kong, Singapore and other countries. By 1990, the
demands of overseas employment included skilled workers such as nurses, doctors,
teachers and IT experts. In 2004, the Arroyo administration came out with a plan to
deploy one million workers annually to different parts of the world. However in 2010, the
Aquino administration has dropped the deployment target, turning instead to creating
job opportunities locally to stop forced labor migration.1 The present Duterte
administration focuses more on the protection of Overseas Filipino Migrants.

It is undeniable that labor migration contributes to the economic development of

the country. Despite such benefit, migrant workers remain to be a vulnerable sector in
labor. In particular, irregular migrants are vulnerable to abuse and exploitation. Under

1
T. (n.d.). Philippines: A History of Migration by Rappler. Retrieved November 4, 2018, from
https://www.thinglink.com/scene/540015008247971841?buttonSource=viewLimits
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international law, irregular migrants refer to persons who are not authorized to stay and
to engage in a remunerated activity in the State of employment pursuant to the law of that
state and to international agreements to which that State is a party.2

In 2015 the United Nations came out with an estimate that around 10-15% of all
international migrants are in an irregular situation.3 Admittedly, the nature of such
migration prevents an accurate representation of their actual numbers. There is difficulty
in ascertaining their actual numbers due to factors such as the nature of their work and
the very situation that they are in. Irregular migrants are commonly known as illegal
workers overseas or TNTs.

III. DATA : Number of Irregular Migrants or TNTs

Due to the nature of employment of the TNTs ascertaining their actual number
proved to be difficult. There is no definite numbers of irregular migrants or TNTs.
Migrants in an irregular situation are “invisible”. For the authorities of their country of
employment, they do not exist; they are unrecorded in population statistics and other
administrative data. This invisibility often makes it difficult for them to claim and enjoy
their rights.4 The nature of their employment status, their entry into a foreign country,
and the fact that they are considered as criminals in some countries contribute to the
difficulty in making a definitive determination of their actual numbers. Any person who
is in a foreign country under such circumstances would understandably think twice before
revealing his status. They are not generally reported as employees due to the fact that they
work informal jobs.

Despite the fact that there is no certain or definite numbers of TNTs, the Philippines
thru a government agency and some other countries has statistics showing the probable
number of Filipino irregular migrants or TNTs.

2
Art. 5, International Convention on the Protection of the Rights of All Migrant workers and Members of their
Families.
3
Behind closed doors: Protecting and promoting the human rights of migrant domestic workers in an irregular
situation. (2015). Retrieved November 4, 2018, from
https://www.ohchr.org/Documents/Publications/Behind_closed_doors_HR_PUB_15_4_EN.pdf
4
Ibid.
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A. General Statistics

Figure 1

2,400,000
69,600
2,350,000
2,300,000
total number of OFW's

69,000 92,000 87,400

2,250,000
2,200,000 55,000
2,150,000 110,000 103,400
2,330,400
2,100,000
2,231,000 2,208,000 2,212,600
2,050,000 2,145,000
2,000,000 2,090,000 2,096,600
1,950,000
1,900,000
2017 2016 2015 2014 2013 2012 2011
Year

OCW no contract

Figure 1

The data provided above represents the number of OFW’s who worked abroad for
a particular year based on the report of the Philippine Statistics Authority. It also shows
the number of OFW’s considered as Overseas Contract Workers as compared to those who
worked overseas without a contract. It covers those aged 15 years old and over who
worked abroad for the covered period.

As shown above 2.2 million Filipinos worked as OFW’s in the year 2011 and 2012.
Around 2.3 million Filipinos worked as OFW in the years 2013, 2014 and 2017. In 2015
the number of OFW’s reached 2.4 million, however it went down to 2.2 million in 2016.
For 2011, 103,400 worked abroad with no contract compared to 110,000 in 2012. In 2013,
87,400 Filipino’s worked abroad with no contract while in 2014 there were 92,000
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individuals. By 2015 a staggering 69,600 OFW’s worked abroad without a contract. In

2016 their number decreased to 55,000 only to increase again to 69,000 in 2017.5

Figure 2
1,400,000

1,200,000

1,000,000

800,000

600,000

400,000

200,000

0
2011 2012 2013 2014 2015 2016 2017
Male 1,148,400 1,137,400 1,156,900 1,138,500 1,173,600 1,020,800 1,064,900
Female 1,051,600 1,062,600 1,143,100 1,161,500 1,226,400 1,179,200 1,235,100

Male Female

Figure 2

The data represented above shows the number of female OFW’s as compared to
male OFW’s for each particular year as reflected by data estimated by the Philippine
Statistics Authority.6

Based on the table above, in 2011 of the 2.2 million OFW’s there were more
males, 52.2%, than females. In 2012 there were also more males than females among the
OFWs, with the male OFWs comprising 51.7% of the total of 2.2 million OFWs. Similarly,

5
The data reflected is based on the findings of the Philippine Statistics Authority. It only covers April-September of
each year.
6
The OFWs covered in this report were those aged 15 years old and over and working abroad from April to
September of each year.
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in 2013 were more males at 50.3% than females among the total of 2.3 million OFWs.
However, starting 2014 there were more female OFW’s as compared to males. In 2014,
50.5% of 2.3 million OFW’s were female. In 2015, 51.1% of 2.4 million were female.
Starting 2016, a higher gap between male and female OFW’s is apparent. In 2016, 53.6%
of the 2.2 million OFW’s were female. Finally in 2017, 53. 7% of 2.3 million OFW’s were
female.

Figure 3
1.6% 5.4%
1.1% 6.4%
Asia
Africa
Australia
Europe
85.5% America

Figure 3

The chart shows the distribution of OFW’s covering the year 2017.7

Figure 3.1
4.2
United Arab Emirates 15.3
25.4
Qatar 5.5
6.7
Other Countries in Southeast and South Central… 2.5
5.3
Malaysia 1.7
3.7
Taiwan 3.8
4.9
Hong Kong 6.5
0 5 10 15 20 25 30

Percentage

7
Based on Estimate of the Philippine Statistics Authority which covers April- September 2017.
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Figure 3.1

The chart above provides for the breakdown where 85.5% of OFW’s in Asia work.

Based on the above presented data majority of OFW’s who worked in the year
2017 are in various parts of Asia. A huge number is employed in Saudi Arabia and United
Arab Emirates. 6.5% work in Hong Kong while 3.8 % work in Taiwan. The number of
OFW’s is America is almost equivalent to those working in Qatar. Similarly around 6.7%
are employed in Kuwait while around 6.4% are in the whole of Europe.

Figure 4
250

203 205.2
200 180.3
173.2
165.6 163.2
153.6
150

100

50

0
2011 2012 2013 2014 2015 2016 2017

Remittance/ Billion

Figure 4

The chart shows the amount of remittance made by OFW’s for each particular year.

Remittance made by OFW’s have gradually increased since 2011. In 2011 the
amount of remittance reached 153.6 billion pesos. The amount increased to 165.6 billion
in 2012 only to drop to 163.2 billion by 2013. Starting 2014, a steady increase in the
remittance has been established. From 173.2 billion in 2014 to 180.3 billion in 2015. By
2013 the amount already reached 203 billion, only to increase to 205.2 billion by 2017.
The data is based on the estimates made by the Philippine Statistics Authority which
includes not only cash but also the value of goods sent home.
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B. Statistical Data of Countries with TNTs or Irregular Filipino Migrants

The following are some of the countries with disclosed statistical data of TNTs or
irregular migrants.

1. United States of America

Undocumented Immigration Statistics:8

The United States Department of Homeland Security estimates that in 2017 there
were 12.1 million unauthorized immigrants living in the United States in 2014, up from
11.6 million in 2010. The top countries of origin are:

FIGURE 5

Philippines

Honduras

India

Guatemala

El Salvador

Mexico

0 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 7,000,000

Mexico El Salvador Guatemala India Honduras Philippines

Figure 5 6,600,000 700,000 640,000 430,000 400,000 360,000

In other estimates made by United States Department of Homeland Security for

previous years the Philippines was already one of the top countries of origin for
undocumented migrants. Figure 5.1 below shows that Filipinos have been consistently
going to the U.S. under unlawful circumstances.9

8
Immigration Statistics Fast Facts. (2018, August 20). Retrieved November 1, 2018, from
https://edition.cnn.com/2013/11/06/us/immigration-statistics-fast-
facts/index.html?fbclid=IwAR3XSpkCXxXduap_lP6M6SAOIGOscgFgf5qcKs7k59XWhQs9ioAxWOucIPw
9
Estimates of the Unauthorized Immigrant Population Residing in the United States. Retrieved November 10,
2018, from https://www.dhs.gov/immigration-statistics/population-estimates/unauthorized-resident#
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Figure 5.1

Unauthorized Immigrant Population from the

Philippines
2014 360,000
2010 280,000
2005 210,000
2000 200,000
0 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000

Unauthorized Immigrant Population from the Philippines

2. Canada

Table 1:

SEMI-ANNUAL REPORT TO CONGRESS PHILIPPINE CONSULATE GENERAL,

TORONTO10

PERIOD: July - December 2011

STATISTICAL INFORMATION
1. Estimated Number of Overseas
Filipinos
Toronto/ Ontario Male Female Total
a. Permanent Migrants 203,220*
b. Temporary Migrants 6190 27,236 33, 926**
c. Irregular/ Undocumented 1000***
Migrants
TOTAL in Toronto: 238,146

Saskatchewan Male Female Total

a. Permanent Migrants 3,770*
b. Temporary Migrants

10
Toronto 2011 year end report. (2018, October 30). Retrieved from
https://www.dole.gov.ph/fndr/bong/files/Toronto 2011 Year End Report to
Congress.pdf?fbclid=IwAR3Bfpxx08iU4Clzq0sIOoWU3TjOOGyxlJZfLfFDuHvgiv5vPjZsMwitIxs
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c. Irregular/ Undocumented 100***

Migrants
TOTAL in Saskatchewan 3870

Manitoba Male Female Total

a. Permanent Migrants 37,790*
b. Temporary Migrants
c. Irregular/ Undocumented 200***
Migrants
Total in Manitoba
OVERALL TOTAL 280, 006

3. Japan
Estimates of Filipinos in Japan from December 2012 to June 2017. 11

Figure 6:
Percentage of Registered and Unregistered Filipinos in Japan from December
2012 to June 2017.

11
Escalada, M. C. (n.d.). Snapshot of labor market information. Retrieved November 1, 2018, from
https://polotokyo.dole.gov.ph/wp-content/uploads/2018/03/LMI-Snapshot-2018-
1.pdf?fbclid=IwAR0ZgquVt30HXfnHoam_7yXM_ISQpPDy-uUzwZwhMkHkljJunhDnUlHW3Oo
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Table 2

Total Number of Registered and Unregistered Filipinos

in Japan from December 2012 to June 2017.12

Total Number of Filipinos in Japan

From December 2012 to June 2017

Filipinos with
Non-Working Filipinos with Undocumented
Period Visas Working Visas Filipinos Total

Total % Total % Total %

December
2012 193,628 89.23 17,641 8.13 5,722 2.64 216,991

December
2013 201,118 89.25 19,099 8.48 5,117 2.27 225,334

December
2014 212,965 88.48 22,730 9.44 4,991 2.07 240,686

December
2015 224,079 86.91 28,502 11.05 5,240 2.03 257,821

December
2016 236,896 85.51 35,073 12.65 5,082 1.83 277,051

June 2017 228,979 83.57 39,951 14.58 5,082 1.85 274,012

12
Ibid.
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4. Saudi Arabia

Table 3
Riyadh-Kingdom of Saudi Arabia 13

IV. DISCUSSION
A. Laws Protecting Overseas Filipino Workers
Including Irregular Migrant Workers or TNTs

Local Laws:

1. 1987 Constitution of the Republic of the Philippines

2. Labor Code of the Philippines (Presidential Decree No. 442, as amended)

The Magna Carta of Labor, as the Labor Code is sometimes called, contains
important provisions concerning overseas employment. These are found in Title
I, Book I of the Labor Code, particularly Chapters I-III thereof.
3. Migrant Workers and Overseas Filipinos Act of 1995 (Republic Act No. 8042)
The law "institutes the policies of overseas employment and establishes a
higher standard of protection and promotion of the welfare of migrant workers,
their families, and of overseas Filipinos in distress."

13
Report to the congress on the implementation of RA 8042. (n.d.). Retrieved November 1, 2018, from
https://www.dole.gov.ph/fndr/bong/files/Riyadh 2011 Year End Report to
Congress.pdf?fbclid=IwAR19jrp70hWCp8_INL_ZiadxmxfuNJ6kW5ZYBWABFMUkf67y6i_8h6b9BnEre
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4. Republic Act No. 10022

An Act Amending Republic Act No. 8042, Otherwise Known As The Migrant
Workers And Overseas Filipinos Act Of 1995, As Amended, Further Improving
The Standard Of Protection And Promotion Of The Welfare Of Migrant Workers,
Their Families And Overseas Filipinos In Distress, And For Other Purposes
5. Omnibus Rules and Regulations Implementing Republic Act No. 8042
6. Executive Order No. 797-Law Creating POEA
Signed by the President in 1982, it created the Philippine Overseas
Employment Administration or POEA to streamline operations in the overseas
employment program. The three government agencies involved in overseas
employment were abolished, namely: Overseas Employment Development
Board, National Seamen's Board and the Bureau of Employment Services.
7. Presidential Decree No. 1694 (May 1, 1980) as amended by Presidential Decree
No. 1809 (January 16, 1981).
This act created the Welfare Fund for Overseas Workers as the government
agency mandated to promote the welfare of overseas Filipino workers. It
administers a workers' fund from which welfare services and programs are
implemented. Executive Order No. 1987 (1987) renamed the agency to Overseas
Workers Welfare Administration (OWWA).
8. Executive Order No. 247, also known as the Reorganization Act of POEA issued in
1987 was intended to make the delivery of public services more efficient.
9. Executive Order No. 195 signed on August 13, 1994 created the medical care
program for overseas Filipino workers which provides medical assistance and
hospitalization benefits to OFWs and their dependents. Under this Act, OWWA
was mandated to administer the program.
10. Republic Act No. 7111 - Overseas Workers' Investment (OWI) Fund Act
Presidential Decree No. 1809 (Welfare Fund for Overseas Workers )

Amending Certain Provisions of Presidential Decree 1694, Creating the

"Welfare Fund for Overseas Workers"
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11. Presidential Decree No. 1694

Welfare Fund for Overseas Workers (Organization and Administration of

the Welfare Fund for Overseas Workers)

12. Batas Pambansa Bilang 79

An Act Creating the Commission on Filipinos Overseas and for Other

Purposes.

International laws:

List 1: International human rights treaties and their associated additional protocols
that grant rights to migrants by virtue of migrants’ humanity 14:

1948 Universal Declaration of Human Rights1

1963 International Convention on the Elimination of All Forms of Racial Discrimination

1966 International Covenant on Economic, Social and Cultural Rights

1966 International Covenant on Civil and Political Rights

1966 International Convention on the Elimination of All Forms of Racial Discrimination

1979 Convention on the Elimination of All Forms of Discrimination against Women

1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment

1989 Convention on the Rights of the Child

1990 International Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families

2006 Convention on the Rights of Persons with Disabilities

2007 International Convention for the Protection of All Persons from Enforced
Disappearance

14
Migrant rights. (n.d.). Retrieved from https://migrationdataportal.org/themes/migrant-rights
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List 2: Key treaties from international public law that convey rights to migrants 15:

1949 International Labour Organization (ILO) Convention no. 97 concerning Migration

for Employment

1951 Convention relating to the Status of Refugees and its 1967 Protocol

1954 Convention Relating to the Status of Stateless Persons

1961 Convention on the Reduction of Statelessness

1974 International Convention for the Safety of Life at Seas

1975 ILO Convention no. 143 concerning Migrations in Abusive Conditions and the
Promotion of Equality of Opportunity and Treatment of Migrant Workers

1979 International Convention on Maritime Search and Rescue (SAR)

1982 United Nations Convention on the Law of the Sea

2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially

Women and Children, supplementing the United Nations Convention against
Transnational Organized Crime

2000 Protocol against the Smuggling of Migrants by Land, Sea and Air

2011 Convention concerning Decent Work for Domestic Workers

Under international laws, regular and irregular migrant workers or TNTs are both
entitled to protections against violation of humanitarian laws. International Convention
on the Protection of the Rights of All Migrant Workers and Members of Their Families,
where Philippines is one of the signatories, under Article 25 (3) mandates states parties
to take all appropriate measures to ensure that migrant workers are not deprived of any
rights derived from this principle by reason of any irregularity in their stay or
employment. In particular, employers shall not be relieved of any legal or contractual

15
Ibid.
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obligations, nor shall their obligations be limited in any manner by reason of such
irregularity. Thus, irregular migrant workers or TNTs are not deprive of any right by
reason of any irregularity in their stay or employment.
The principle of human rights therefore is that entering a country in violation of
immigration laws does not deprive an irregular migrant of his or her most fundamental
human rights, nor does it erase the obligation of the host state to protect these
individuals.16

B. Jurisdiction of Cases Involving

Irregular Migrant Workers or TNTs

Republic Act no. 10022, amending Republic Act no. 8042, section 1 (e) provides
that free access to the courts and quasi-judicial bodies and adequate legal assistance shall
not be denied to any person 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, whether
regular/documented or irregular/undocumented, are adequately protected and
safeguarded.

1. Labor Arbiters of the National Labor Relations Commission (NLRC)

The Labor Arbiters of the 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

16
Ajare. (n.d.). RIGHTS OF MIGRANT WORKERS UNDER INTERNATIONAL LAW (Recovered). Retrieved from
https://www.academia.edu/3649227/RIGHTS_OF_MIGRANT_WORKERS_UNDER_INTERNATIONAL_LAW_Recovere
d_
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2. Philippine Overseas Employment Administration (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,
including refund of fees collected from the workers and violation of the
conditions for issuance of license to recruit workers; (Based on jurisdictional
areas under the POEA Charter or E.O. 247, as amended.)
b. disciplinary action cases and other special cases, which are administrative in
character, involving employers, principals, contracting partners and OFWs
processed by the POEA.

3. Trial Court

The trial court shall have jurisdiction over violations of laws with penal
sanctions falling under their jurisdiction, including illegal recruitment.

C. Effects of Irregular Migrant Workers or

TNTs to the Philippines

As to Economy

Irregular Migrant Workers or TNTs play a vital role in Philippine economy by

sending remittances. According to a report, the Philippines is the third country receiving
the most remittances worldwide right after India and China.17 Remittances from other

17
To use Moneytis, please enable JavaScript. (n.d.). Retrieved November 19, 2018, from
https://moneytis.com/en/blog/living-abroad/philippines-ofw-impact
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countries are considered a “more stable and reliable form of foreign exchange earnings in
developing countries” than foreign direct investments or aid flows.18

Irregular Migrant Workers or TNTs likewise contributes in the increase of gross-

international reserves, are (GIR) the sum of all foreign exchanges. Remittance is the
second largest source of foreign exchange, following exports. As of August 2013,
Philippines' GIR rose from 2.08% to $82.942B, or roughly Php 3.3 Trillion, from
$81.225B in June. GIR is comprised of foreign investments, foreign exchanges, gold, and
special drawing rights. With higher OFW remittance, the country's currency becomes
stronger than before. This means that Philippines can defend peso against other
currencies. 19

Thus, with a stronger currency, the government can make a stand in its debt
servicing. Total debt service is the sum of principal repayments and interest actually
paid in foreign currency, goods, or services on long term debt, interest paid on short-
term debt, and repayments or repurchases and charges, to the International Monetary
Fund (IMF). A rise in peso can help lessen the debt, since the country's debts are mostly
in US Dollars. Like what was mentioned in the earlier paragraph, higher GIR can defend
peso against other currencies. A rise in our local currency will result to the lower value
of other currencies. With higher levels of reserves, there will be a higher appreciation of
peso and inflation will be kept on-check.20

As to Society

Family is the basic unit of society. The OFW phenomenon has brought tremendous
pressures and challenges on the OFW families. A major problem concerning the husband-
wife relationships among OFW families is marital infidelity. In his personal encounters
with the OFW families, Clinical and Industrial Psychologist Francis Santamaria said that

18
This is how crucial OFWs' contributions are. (2018, September 29). Retrieved from
http://www.interaksyon.com/breaking-news/2018/07/25/129450/overseas-filipino-workers-moneygram-
remittance-efforts/
19
Neri, M. H. (2017, September 13). How Does Remittance from OFWs Help the Philippine Economy. Retrieved
November 20, 2018, from https://moneygizmo.net/remittance-ofws-help-philippine-economy/
20
Ibid.
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marital infidelity is a very common situation among many spouses of overseas workers. 21
This also affect the relationship of between parent and child. The distance separating the
parent from the child creates emotional and psychological effect on the child. Children
tends to long for parental care and love from their parents.

The prevalence of TNT’s in other countries reflect the current situation of

employment in the country. It shows that despite measures undertaken by the
government, the Philippines is not yet able to completely provide for its citizens. Society
perceives such incapacity as an impelling reason to legitimize their predisposition of
becoming TNT’s in other countries.

As to Physical and Psychological Health of the Irregular Migrant Workers or

TNTs

Considering that Irregular Migrant Workers or TNTs are vulnerable to abuses and
exploitations, they are prone to physical and psychological health issues. Thus, there is an
increase as to numbers of Overseas Filipino in distress or those who has medical or
psycho-social problems requiring treatment, hospitalization, counseling; or problems like
labor, immigration and other issues requiring legal representation.

D. Challenges Faced by Undocumented Migrant Workers

Coercion

Undocumented migrant workers may not be eager to report an injury occurred at

the workplace because they are afraid of being reported to immigration authorities or
losing their jobs and not being able to find another employer willing to take them on.
Some workers are fooled by recruiters by promising certain jobs to entice them to come
to a foreign country, but are not given the same type of job when they arrive. Sexual or
physical assault incidents are also underreported in the migrant worker population.22

21
Lisbe, G. (n.d.). Literature Review on the OFW Family Dysfunctions. Retrieved November 20, 2018, from
https://www.academia.edu/11197896/Literature_Review_on_the_OFW_Family_Dysfunctions?auto=download
22
Sullivan, D. (2016, November 09). Challenges Faced by Migrant Workers. Retrieved November 15, 2018, from
https://work.chron.com/challenges-faced-migrant-workers-31195.html
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In some countries such as Malaysia, the situation of undocumented migrant

workers even result to corruption. Some migrant officers in Malaysia extort money from
the undocumented migrant workers they apprehended for their release. 23

Lack of Benefits

The undocumented migrant workers are often paid in cash off the books, they are
not eligible for company benefits. Breaks, overtime, sick pay and minimum wage laws are
often not observed because there are no available recourse for the worker. 24 In some
countries, the employment of irregular migrants is a criminal offense. Employers in such
situation have a propensity to give TNT’s lower wages due to the risk involved.

Dangerous Conditions

Workers may be housed in unsanitary conditions, which are especially dangerous

for children. If the company provides food for its employees, it is often low quality and
not very nutritious. With many families living together in the same facility, important
items such as showers, ovens and toilets may break down. Migrant workers are also
subject to harsh conditions on the job, such as working in extreme weather for long hours
with no breaks.25

Securing work

Undocumented migrant workers are easy victims for discrimination and

exploitation in the workplace. Some employers can recognize the sense of urgency and
desperation among these workers to keep their jobs, so they will have them take the less
desirable and even dangerous works. Undocumented immigrants, particularly, assume
they have no rights, and workers who can’t speak English are easy targets for the employer
who would like to economically take advantage against them.26

23
Elemia, C. (2017, February 12). Undocumented migrant workers: Hidden and helpless in ASEAN. Retrieved
November 15, 2018, from https://www.rappler.com/world/regions/asia-pacific/161127-plight-undocumented-
migrant-workers-asean
24
Ibid note 22
25
Ibid
26
Nunez, C. (2014, December 12). The 7 biggest challenges facing refugees and immigrants in the US. Retrieved
November 15, 2018, from https://www.globalcitizen.org/en/content/the-7-biggest-challenges-facing-refugees-
and-immig/
P a g e | 22

Accessing services

Undocumented migrant workers are experiencing difficulty in accessing social

services, largely because they are afraid of being deported. They rather not to go to a
hospital in case of any injury they incurred because they might be deported. 27

Inhumane Treatment

Undocumented migrant workers are often subjected to inhumane treatment by

their employers. In an interview, one Filipina Undocumented migrant worker claims that
she is only given left over food by her employer and is also given excessive workload that
she cannot rest. They also often physically abused by their employers whenever they
commit mistakes.

Stateless Children

While hiding in darkness away from the deportation officers, it is possible that
some undocumented migrant workers become pregnant. In an interview, a Filipina who
is an undocumented worker in Malaysia got pregnant with her Indian co-worker. Giving
birth in a public hospital was never an option to her, as authorities would bring her to
immigration officials. She could not register her son with the Philippine embassy, as she
had no passport as proof of her identity. Consequentially, she passed on her
undocumented status to her child. Therefore the child is considered as stateless.
Undocumented children in the country grow up without any rights and privileges,
effectively continuing the vicious cycle.28

Contract Substitution

Philippine labor attaché in Kuala Lumpur Elizabeth Estrada admitted that

"contract substitution" is indeed one of the major problems faced by Overseas Filipino
Workers, prompting documented workers to run away from their employers, turning
them into irregular workers.

27
ibid
28
Elemia, C. (2017, February 12). Undocumented migrant workers: Hidden and helpless in ASEAN. Retrieved
November 15, 2018, from https://www.rappler.com/world/regions/asia-pacific/161127-plight-undocumented-
migrant-workers-asean
P a g e | 23

The minimum salary set by the Philippine Overseas Labor Office for Filipino
domestic workers in Malaysia is $400 (at least 1,700 Malaysian ringgit or P19,000). But
more often than not, Malaysian employment agencies don't follow this. They end up
amending the contract between the employer and the worker. But the case is not just
limited to Filipinos, as it is the prevailing situation of migrant workers coming from other
neighboring countries, said Glorene Das, executive director of Tenaganita, a Malaysia-
based NGO pushing for migrant workers' rights.29

Lack of Concrete Protection

The undocumented migrant workers are mostly victims of abused. Some

documented migrant workers become undocumented because they tend to choose to
leave the premises of their employers due to abuse and inhumane treatment. The
documents of the migrant worker such as their passports were left behind and the
employers will make a police report turning them into undocumented workers.

Despite the contribution of migrant workers, undocumented included, there is still

no clear regional stand on how to protect their rights. In fact, the 2007 ASEAN Cebu
Declaration has no inclusive policy on undocumented workers.

The 2007 Declaration only has the following non-inclusive provisions:

“The receiving states and the sending states shall, for humanitarian reasons,
closely cooperate to resolve the cases of migrant workers who, through no fault of their
own, have subsequently become undocumented.” The issue of undocumented workers
and labor migrants’ families is among the 3 main contentious issues that have delayed the
creation of a legally binding instrument to implement the 2007 Declaration. Receiving
countries such as Malaysia and Singapore want undocumented workers and migrant
workers' families excluded from protection. The perspective of the receiving countries is
that the expansion of the scope of the protection, which include undocumented migrant
workers, will create more practical burden for the receiving country. The receiving
countries perceive undocumented workers as a threat to national security, and as those

29
Ibid
P a g e | 24

who disregard the immigration laws and border control. Henceforth, policies to deal with
migrant workers are very often dealt through the security lens rather than labor. 30

Criminalization of Irregular Migration

The basis for criminalization measures involving irregular migrants is the belief
that it can be controlled. One opinion is that such belief is not only predicated on control
but perfect control – “that is, that the law can be used in an instrumental fashion, removed
from normative considerations that generally underpin criminal law provisions.” 31 As
such criminalization of irregular migration is seen as a fundamental solution by some
states to prevent or repel irregular immigrants from entering or staying in their country.

In the US context, criminalization of immigration control is primarily directed

towards removal and encompasses a number of characteristics: the integration of
criminal law into immigration control; the integration of immigration law into the sphere
of criminal law the prioritization of resources towards deportation of migrants akin to a
criminal enforcement approach; the adoption of criminal law enforcement strategies and
the concurrent use of state and federal actors. Criminalization in a European context
embraces a much broader understanding which has included repressive action of police
forces, and the criminalization of those persons acting in solidarity with irregular
migrants.32 Criminalization may either be upon the TNT himself or upon those who aid
such person. Aid encompasses persons who perpetrated the illegality as well as those who
employ the TNT’s.

V. CONCLUSION:

Irregular Migrant Workers or TNTs are entitled to the same rights and privileges
granted to documented overseas workers. They cannot be denied of any labor rights. The
fact that they are Irregular Migrant Workers or TNTs does not deprive them of their basic

30
Ibid
31
The Criminalisation of Irregular Migration in the European Union by Mark Provera. CEPS Paper in Liberty and
Security in Europe No. 80 / February 2015. Retrieved from
https://www.ceps.eu/system/files/Criminalisation%20of%20Irregular%20Migration.pdf
32
Ibid.
P a g e | 25

labor right, including labor standards under the law such as payment of compensation,
right to humane condition of work and others. The Philippine government cannot
disregard Irregular Migrant Workers or TNTs of their right to work. Even if Irregular
Migrant Workers or TNTs are at fault why they are subjects of exploitation and abuses
abroad and they insist not to go home in the Philippines, the Philippine government under
the principle of parens patriae has the obligation to protect its citizen wherever they are
situated.

It is bad enough that the country has to send its sons and daughters to strange
lands because it cannot satisfy their employment needs at home. Under these
circumstances, the Government is duty-bound to insure that our toiling expatriates have
adequate protection, personally and economically, while away from home. Our overseas
workers belong to a disadvantaged class. Most of them come from the poorest sector of
our society. Their profile shows they live in suffocating slums, trapped in an environment
of crimes. Hardly literate and in ill health, their only hope lies in jobs they find with
difficulty in our country. Their unfortunate circumstance makes them easy prey to
avaricious employers. They will climb mountains, cross the seas, endure slave treatment
in foreign lands just to survive. Out of despondence, they will work under sub-human
conditions and accept salaries below the minimum.33 Thus, documented and
undocumented overseas workers are equal to the rights guaranteed by laws.

Ronald Raegan once said:

Government's first duty is to protect the people, not run their lives.

VI. RECOMMENDATION:

In order to enjoy full protection of Irregular Migrant Workers or TNTs, the

Philippine government must see to it that laws are enforced properly considering that the
Philippine has laws protecting overseas workers. The issue of protection lies on the
implementation of labor laws.

33
G.R. No. 167614, ANTONIO M. SERRANO, petitioner, versus GALLANT MARITIME SERVICES, INC. AND MARLOW
NAVIGATION CO., INC., respondents. (separate opinion)
P a g e | 26

Diplomatic protection must be strengthen by the government. When a state arrests

a non-citizen, international law requires the arresting state to inform him of his right to
contact consular officials of his home state, and to communicate such a request to
consular officials ‘without delay’. Consular officials are entitled to visit a national who is
in custody, and may provide assistance, including arranging legal representation’. The
practice is rooted in the reciprocal interest of all states to safeguard their nationals
abroad.34
States should consider policies which regularize or avoid situations where migrant
workers and members of their families are exposed to becoming irregular migrants. The
United Nations promotes regularization as an effective measure to combat irregular
migration. In some countries, regularization programs grant residence and work permits
to migrants on an individual basis, taking into consideration criteria such as the
applicant’s employment record, length of stay in the country of employment, family links
and knowledge of the language of the country of employment.35
Another avenue which needs improvement is the development of a system to
identify the accurately identify persons who are considered to be Irregular Migrant
Workers. Their identification would open opportunities for the country to properly
identify policies and measures relevant to TNT’s.
Indeed, diplomacy plays an important role in combating the situation of TNT’s.
Instead of condemning TNT’s the Philippine Government should strengthen its relations
with states where there is a considerable population of Filipinos considered as irregular
migrants. Having a good relation with other states and the observance of international
agreements is important.
Achieving meaningful partnerships, proper implementation of laws, development
of programs of identification and ultimately the humanization of state approach to
irregular migrant workers are important considerations to which the Philippines must
develop.

34
Lisbe, G. (n.d.). Literature Review on the OFW Family Dysfunctions. Retrieved November 20, 2018, from
https://www.academia.edu/11197896/Literature_Review_on_the_OFW_Family_Dysfunctions?auto=download
35
Behind closed doors: Protecting and promoting the human rights of migrant domestic workers in an irregular
situation. (2015). Retrieved November 4, 2018, from
https://www.ohchr.org/Documents/Publications/Behind_closed_doors_HR_PUB_15_4_EN.pdf
P age |2
P age |1

BIBLIOGRAPHY
Ajare. (n.d.). RIGHTS OF MIGRANT WORKERS UNDER INTERNATIONAL LAW
(Recovered). Retrieved from
https://www.academia.edu/3649227/RIGHTS_OF_MIGRANT_WORKERS_UNDER_
INTERNATIONAL_LAW_Recovered_

Art. 5, International Convention on the Protection of the Rights of All Migrant workers
and Members of their Families.

Behind closed doors: Protecting and promoting the human rights of migrant domestic
workers in an irregular situation. (2015). Retrieved November 4, 2018, from
https://www.ohchr.org/Documents/Publications/Behind_closed_doors_HR_PUB_15
_4_EN.pdf

Elemia, C. (2017, February 12). Undocumented migrant workers: Hidden and helpless in
ASEAN. Retrieved November 15, 2018, from
https://www.rappler.com/world/regions/asia-pacific/161127-plight-undocumented-
migrant-workers-asean

Escalada, M. C. (n.d.). Snapshot of labor market information. Retrieved November 1,

2018, from https://polotokyo.dole.gov.ph/wp-content/uploads/2018/03/LMI-
Snapshot-2018-1.pdf?fbclid=IwAR0ZgquVt30HXfnHoam_7yXM_ISQpPDy-
uUzwZwhMkHkljJunhDnUlHW3Oo

Estimates of the Unauthorized Immigrant Population Residing in the United States.

Retrieved November 10, 2018, from https://www.dhs.gov/immigration-
statistics/population-estimates/unauthorized-resident#

Immigration Statistics Fast Facts. (2018, August 20). Retrieved November 1, 2018, from
https://edition.cnn.com/2013/11/06/us/immigration-statistics-fast-
facts/index.html?fbclid=IwAR3XSpkCXxXduap_lP6M6SAOIGOscgFgf5qcKs7k59XWh
Qs9ioAxWOucIPw

G.R. No. 167614, ANTONIO M. SERRANO, petitioner, versus GALLANT MARITIME

SERVICES, INC. AND MARLOW NAVIGATION CO., INC., respondents. (separate
opinion)
P age |2

Lisbe, G. (n.d.). Literature Review on the OFW Family Dysfunctions. Retrieved November
20, 2018, from
https://www.academia.edu/11197896/Literature_Review_on_the_OFW_Family_Dysf
unctions?auto=download

Migrant rights. (n.d.). Retrieved from https://migrationdataportal.org/themes/migrant-

rights

Neri, M. H. (2017, September 13). How Does Remittance from OFWs Help the Philippine
Economy. Retrieved November 20, 2018, from https://moneygizmo.net/remittance-
ofws-help-philippine-economy/

Nunez, C. (2014, December 12). The 7 biggest challenges facing refugees and immigrants
in the US. Retrieved November 15, 2018, from
https://www.globalcitizen.org/en/content/the-7-biggest-challenges-facing-refugees-
and-immig/

Philippines: A History of Migration by Rappler. Retrieved November 4, 2018, from

https://www.thinglink.com/scene/540015008247971841?buttonSource=viewLimits

Report to the congress on the implementation of RA 8042. (n.d.). Retrieved November 1,

2018, from https://www.dole.gov.ph/fndr/bong/files/Riyadh 2011 Year End Report to
Congress.pdf?fbclid=IwAR19jrp70hWCp8_INL_ZiadxmxfuNJ6kW5ZYBWABFMUkf67
y6i_8h6b9BnEre

Reyes, M. M. (n.d.). Migration and Filipino Children Left-Behind: A Literature Review.

Retrieved November 4, 2018, from
https://www.unicef.org/philippines/Synthesis_StudyJuly12008.pdf.

Sullivan, D. (2016, November 09). Challenges Faced by Migrant Workers. Retrieved

November 15, 2018, from https://work.chron.com/challenges-faced-migrant-workers-
31195.html

The Criminalisation of Irregular Migration in the European Union by Mark Provera.

CEPS Paper in Liberty and Security in Europe No. 80 / February 2015. Retrieved from
P age |3

https://www.ceps.eu/system/files/Criminalisation%20of%20Irregular%20Migration.p
df

The criminalization of irregular immigration: law and practice in Italy / Alberto Di

Martino … [et al.]. - Pisa : Pisa university press, 2013. Retrieved from
https://www.researchgate.net/publication/278403995_The_criminalization_of_irregu
lar_immigration_law_and_practice_in_Italy

This is how crucial OFWs' contributions are. (2018, September 29). Retrieved from
http://www.interaksyon.com/breaking-news/2018/07/25/129450/overseas-filipino-
workers-moneygram-remittance-efforts/

To use Moneytis, please enable JavaScript. (n.d.). Retrieved November 19, 2018, from
https://moneytis.com/en/blog/living-abroad/philippines-ofw-impact

Toronto 2011 year end report. (2018, October 30). Retrieved from
https://www.dole.gov.ph/fndr/bong/files/Toronto 2011 Year End Report to
Congress.pdf?fbclid=IwAR3Bfpxx08iU4Clzq0sIOoWU3TjOOGyxlJZfLfFDuHvgiv5vPjZ
sMwitIxs

Total Number of OFWs Estimated at 2.3 Million (Results from the 2017 Survey On
Overseas Filipinos). (2018, April 27). Reference Number: 2018-070. Retrieved November
3, 2018, from https://psa.gov.ph/content/total-number-ofws-estimated-23-million-
results-2017-survey-overseas-filipinos

Total Number of OFWs Estimated at 2.2 Million (Results from the 2016 Survey on
Overseas Filipinos). (2017, April 27). Reference Number: 2017-043. Retrieved November
3, 2018, from https://psa.gov.ph/content/total-number-ofws-estimated-22-million-
results-2016-survey-overseas-filipinos

Total Number of OFWs Estimated at 2.4 Million (Results from the 2015 Survey on
Overseas Filipinos). (April 14, 2016). Reference Number: 2016-047. Retrieved November
3, 2018, from https://psa.gov.ph/content/total-number-ofws-estimated-24-million-
results-2015-survey-overseas-filipinos
P age |4

Total Number of OFWs Estimated at 2.3 Million (Results from the 2014 Survey on
Overseas Filipinos) (2015, April 24). Reference Number: 2015-031. Retrieved November
3, 2018, from https://psa.gov.ph/content/total-number-ofws-estimated-23-million-
results-2014-survey-overseas-
filipinos%C3%83%C6%92%C3%A2%E2%82%AC%C5%A1%C3%83%E2%80%9A%C3%
82%C2%B9

Total Number of OFWs is Estimated at 2.2 Million (Results from the 2012 Survey on
Overseas Filipinos). (July 11, 2013). Reference Number: 2013-116 Retrieved November
3, 2018, from https://psa.gov.ph/content/total-number-ofws-estimated-22-million-
results-2012-survey-overseas-filipinos

2013 Survey on Overseas Filipinos. (May 30, 2014). Reference Number: 2014-039.
Retrieved November 3, 2018, from https://psa.gov.ph/content/2013-survey-overseas-
filipinos

UN (2017). International Migration Report 2017 Highlights. International Migration

Report. Retrieved from
http://www.un.org/en/development/desa/population/migration/publications/migratio
nreport/docs/MigrationReport2017_Highlights.pdf