PRIVILEGE SPEECH FOR JOVELYN TANG ANDRES' CASE

Thank you, Mr. President. Distinguished colleagues. I speak before you today on a matter of personal and collective privilege.

I. HOW IT STARTED

Last Wednesday, a heartbreaking report reached us here in the Senate of yet another OFW coming home lifeless. Thanks to the privilege speech of Senator Pia Cayetano regarding the discrimination faced by our OFWs in wearing full-gear PPEs, and Senator Rissa Hontivero's compassion for the abuse committed against our women OFWs, our attention was called to the case of Jovelyn Tang Andres. A case that, I believe, is not isolated but is being experienced by other OFWs.

Masakit sa po loob ko na nangyari ulit ito. Bagamat hindi pa ako Senador nung nagsimula ang problema ni Jovelyn, sana po ay natulungan ko siya agad. Napag alaman ko na sinubukan palang lumapit sa akin ng kaniyang pamilya, ngunit ang namessage nila ay ibang action center. Ito ay action center ng isang kamag-anak dahil pinapunta sila sa opisina ng nasabing action center. Pero dahil sa kakulangan ng pera di rin sila nakapunta doon.

II. IMMEDIATE STEPS TAKEN

Nang malaman ko ang kwento ni Jovelyn, pagkatapos na pagkatapos ng plenaryo, hindi na ako nag aksaya ng panahon at agad kong sinimulan ang pag iimbestiga. Una kong tinawagan ang kamag anak ni Jovelyn sa Gensan. Kinabukasan, sa scheduled Technical Working group ng committee on migrant workers pinagpatuloy ko ang pag iimbestiga sa kaso ni jovelyn. Nang araw ding iyon, lumipad patungong GenSan ang isang crew ng RTIA (Raffy Tulfo in action) para makausap ang pamilya ni Jovelyn at personal na magpa abot ng tulong para sa mga naiwan ni Jovelyn at para makapag imbestiga na rin.

Dito tinrabaho ng RTIA crew ang pagpapa-autopsy sa labi ni Jovelyn.

Meanwhile, back here in Manila, because we have a weekly TWG with DMW and OWWA, I was able to get information from them regarding the matter and asked for their help to address the concerns of Jovelyn's family and to investigate who are liable for what happened. And because of the trust our OFWs have on us, some OFWs, who were companions of Jovelyn in Saudi, came out and told us what they know about what happened to Jovelyn.

III. THE VERSIONS OF THE STORY

Ngayon, base sa mga nakalap naming mga impormasyon mula sa OWWA, DMW, pamilya ni Jovelyn, at mga kasamahan niyang OFW, ito po amg totoong kwemnto.

Jovelyn Tang Andres is a 33 year old resident of Saranggani and a member of the Blaan Indigenous People's Group, and a mother of 3.

She was recruited as a domestic helper by a certain Emma Fernandez who directly recruits for Manabe Aleklas Recruitment Agency, the Saudi Arabia recruitment agency. Emma coursed the papers of Jovelyn through a local recruitment agency, which is Gulf Synergy Employment, who processed her documentation, including her medical exam, sometime in September 2021. This means she submitted her requirements and had a fit to work certificate months before she was deployed.

On November 27, 2021, she was deployed to Sakaka, Kingdom of Saudi Arabia. At this point, when she got to Saudi, we gathered various versions of what happened to Jovelyn.

Version 1: The report na nakarating sa Senado

Pagdating ni Jovelyn sa Saudi, nalaman ng employer nya na buntis siya. Kaya pinabalik siya sa Manabe agency at doon siya ay pinainom ng pangpalaglag na naging dahilan ng kaniyang pagkamatay.

Version 2: Ang kwento na nakarating sa asawa ni Jovelyn at OWWA

Samantala, sa side naman ng OWWA at ng pamilya ni Jovelyn ang unang kwento na nakarating sa kanila ay hindi kinaya ni Jovelyn ang trabaho sa bahay ng amo niya kaya ito ay nagpapull-out at nagpabalik sa agency.

Pagdating sa accommodation nakaramdam daw ng sakit sa likod at tiyan si Jovelyn. Nagsabi siya sa kaniyang asawa na gusto niya na umuwi. Pero bandang Marso, nalaman na lang nila na namatay na si Jovelyn. Ayon sa OWWA, ang report sa kanila ng Manabe ay nagpakamatay nga daw si Jovelyn.

Version 3: Information from OWWA, DMW and OFW companions of Jovelyn

Sa aming pag imbestiga, may mga nakausap kaming mga kasabay ni Jovelyn papuntang Saudi at mga OFW na kasama niya sa accommodation ng Manabe.

Ayon sa pakikipag-usap ko sa kanila via video conference, bago daw lumipad papuntang Saudi ay hindi daw nakapag pregnancy test si Jovelyn. Pagdating sa Saudi, hindi din agad in-apply ng residence permit o Iqama si Jovelyn ng kaniyang amo, nadelay ng mga isang buwan. Nung mag-apply na ng Iqama si Jovelyn at pinag-medical exam siya, nadiskubre ng amo niya na siya ay buntis. Kaya binalik ng amo niya si jovelyn sa Manabe agency.

Pagdating sa accommodation ng Manabe, nagpahiwatig si Jovelyn na gusto niya na umuwi para manganak na lang sa Pilipinas, pero di siya pinayagan dahil may dalawang taon pa ang kontrata niya. Malulugi daw ang agency.

Napansin ng mga kasamahan ni Jovelyn na special treatment si Jovelyn pagdating sa accommodation. Doon siya natutulog sa kwarto ng secretary ng Manabe. At iba daw ang pinapakain at pinapainom sa kaniya. Napag-alaman nila, mula din dun sa Pinay na napag-uutusan ng Manabe, na pinalalagyan ng pampalaglag ang pagkain o inumin ni Jovelyn. Kinalaunan, nagbleeding na nga si Jovelyn. Naikwento ito ng kasamahan ni Jovelyn na nag-alaga sa kaniya nung siya ay nagbleeding.

Gusto na daw talaga umuwi ni Jovelyn ayon sa asawa niya. Pero di niya masabi ang tungkol sa pagbubuntis niya, ang pagkalaglag ng bata at mga pang-aabuso ng Manabe dahil ang mga tawag nila ay monitored ng Secretary ng Manabe at may cctv pa.

Si Jovelyn ay minsan ding pinagpapart time sa bahay ng may-ari ng Manabe. Doon nagtangka daw siya magpakamatay pero nahuli ng Nanay ni Bassam, may-ari ng agency, kaya siya ay sinampal nung nanay sa galit.

On March 25, 2022, Jovelyn was found dead inside the bathroom of Manabe's accomodation. The local police, the forensic expert, and the public prosecutor immediately inspected the site and found Jovelyn hanging with a cloth to the base of the heater inside the bathroom, with no signs of injuries or any indications of violence or resistance. They ruled that the cause of death is suicide. Her remains arrived in the Philippines only on September 17, 2022.

IV. WHAT HAS BEEN DONE FOR JOVELYN AND HER FAMILY

A. Autopsy and investigation

We immediately acted on the request of the family for Autopsy. By September 23, Friday, the autopsy was conducted. According to the Autopsy report, the cause of death was asphyxia by ligature. And with the report of the police of Saudi that she was found hanging inside the CR with no signs of injuries or any indications of violence or resistance, it seems that suicide is the cause of death.

I have also consulted with a psychologist regarding the situation of Jovelyn, and based on the story I gave her, it is highly probable that she committed suicide. According to Dr. Camille Garcia a renowned psychologist. Everything that happened to her contributed to her depression.

B. Going after Manabe

Ofcourse, knowing how Jovelyn died is not enough. We have to stand our ground for our Filipino OFWs when their rights are violated abroad. Jovelyn suffered abortion without her consent. If that happened here in the Philippines, Manabe would have been liable for Intentional abortion without the consent of the woman.

In Saudi Arabia, induced abortion is generally illegal. A person who performs an illegal abortion is subject to the payment of blood money to the relatives of the aborted fetus. At the embryo stage, an abortion is not allowed unless an approved medical committee decides that continuation of the pregnancy endangers the woman's safety and could possibly lead to her death. In Jovelyn's case, there was no such danger. We are coordinating with the DMW's Migrant Workers Office for the filing of this case against Manabe and its owner.

C. Benefits and Aid

And while, the filing of the case may take some time, we also made sure that the family's needs are addressed.

1. OWWA has already provided the death and burial benefits, livelihood assistance, and scholarship from elementary to college for one child. 2. Mayor Sumbo of Malapatan also promised scholarship for the other children of Jovelyn. 3. And ofcourse, to sustain them as a family, I offered to help Jovelyn's family develop a livelihood as a source of income, to replace what Jovelyn would have provided for her family had she been alive. I also promised the family a house and lot. And let me make this clear, pera ko po yun at walang pong pera na mula sa gobyerno ang lahat ng binigay kong tulong kay Jovelyn. House and lot at pangkabuhayan sa kanyang pamilya. For the second time, pera ko po yun, sarili kong pera. Walang pera po na nanggaling sa gobyerno.

V. ISSUES OR CONCERNS DISCOVERED

Why do I go out of my way to do all this myself? I know trabaho naman ng iba ito. BUT it is only when you personally handle things and you get your hands dirty that you find out what's wrong. In the last 4 days that we have been working on this case, we discovered several problems that must be addressed.

A. UNEXPECTED PREGNANCIES OF OUR FEMALE OFWS

First. A lot of our female OFWs reach their work pregnant. While there is a pregnancy test conducted during the Pre-Employment Medical Examination, such is not enough because that is done, months before actual deployment. Sexual contact could happen before deployment. Some agencies, in practice, conduct pregnancy tests before their flight. But that is not a mandatory policy yet.

B. TIGHTEN REGULATIONS FOR LOCAL AGENCY

We also discovered that Manabe had a former Filipina secretary who came back here in the Philippines to recruit for them. This Filipina directly recruits in the province and then refers them to a licensed recruitment agency. We have to investigate the regulation for these illegal recruiters hiding behind or using licensed recruitment agencies.

Gulf Synergy was also remiss in monitoring their deployed workers and the submitting reports to DMW. How come they were not informed of the pregnancy of Jovelyn and her request to be repatriated? How come their mobile phones are being controlled by the foreign agency? The work of the recruitment agency should not end at point of deployment.

Just to inform the body, a Recruitment Violation case was already filed against Gulf Synergy. It's license is now suspended.

C. THE PROBLEM OF FOREIGN RECRUITMENT AGENCIES

With regards to Manabe, the only real and immediate action that we could do is to have their accreditation cancelled and have them permanently delisted. At the moment, an administrative case for Disciplinary Action Against Employer was filed against Manabe and a full investigation is also being conducted to determine their liability for failing to monitor, report, and to timely repatriate Jovelyn.

Another problem that we discovered is the inability of our OFWs to communicate with their family and with the Philippine Government. Their phones are confiscated, and if allowed to call at all, it is monitored. How can we protect them if we don't even know that they are in trouble? We have to come up with a solution so that they will not be cut-off from any source of help.

And finally, the foreign agencies block the repatriation of our OFWs. Manabe detains the OFWs and tell them that they have to do part-time work to pay for their ticket going home. We have a law in place with regard to repatriation. Our OFWs should have the option to terminate their employment. Now, if their repatriation is due to their own fault, ofcourse they have to answer for the cost. But they should always have the option to return home.

VI. CLOSING STATEMENT

Before, I end my speech, let me emphasize the policy laid down in our Constitution, the protection of life, liberty, and property are essential for the enjoyment by all the people of the blessings of democracy. Jovelyn came home lifeless, she was deprived of her liberty in Saudi, and she was made to work without getting paid. If we do not do anything about this, our OFWs will spit on our Constitution. I will be passing bills to address these concerns. I implore upon you my dear colleagues, to help me prioritize these bills and put an end to OFWs coming home lifeless.

Thank you for listening, Mr. President and my dear colleagues.