The Senate Committee on Justice and Human Rights has recommended amending Republic Act 10361 or the Kasambahay Law by specifying criminal liabilities against abusive employers with corresponding penalties for death or physical injuries sustained by their household employee during the course of their employment. 

The Senate panel made the recommendation through Committee Report No. 170 after ending its probe on the case of Elvie Vergara who suffered partial blindness and other physical injuries after she was allegedly abused by her employers.

The committee, headed by Sen. Francis Tolentino, noted that the current version of RA 10361 does not contain any specific penal provisions in case of death or physical injuries of a household helper and instead refers the cases under the jurisdiction of the Revised Penal Code. 

The violations of the “Batas Kasambahay” Law also only provides for fines ranging from P10,000 to P40,000, according to the panel.

“Due to lack of specific penal provisions pertaining to cases of abuse, the jurisdiction as to the filing of pertinent criminal cases follows the rules on criminal procedure,” the Senate committee report stated. 

“Thus, the abused ‘kasambahay’ must file the criminal complaint where the crime occurred to obtain proper jurisdiction. This puts the kasambahay in a quandary given that he/she will be easily exposed to the perpetrators of the abuse,” it also stated. 

The panel also said openly specifying the criminal liability and penalty of abusive employers, for the death or physical Injuries sustained by any helper will greatly restrain employers from committing any kind of abuse against their helpers. 

To this, the committee suggesting increasing the penalties to P100,000 to as much as P5 million, depending on the gravity of harm imposed and “without prejudice to the filing of appropriate civil or criminal action.”

The committee also recommended that filing of criminal and administrative cases against any local government official or employee whose help has been sought by an abused domestic helper but failed to take any action nor document the same, as what happened in the case of Vergara.

The Senate panel also sought the establishment of a “Kasambahay” Registry and Help Desk and/or  hotline in every barangay hall, municipal or city hall, and in every municipal, city, or regional offices of the Department of Social Welfare and Development (DSWD) and  Department of Labor and Employment (DOLE).

“As our kasambahays uplift our lives through diligent service and care, it is imperative that we take action and do our part in protecting their rights and treating them with the dignity that they deserve,” the panel also stated. 

Since the panel has filed its committee report on the case, Tolentino said those they have detained in relation to the case, particularly Vergara’s former employers, France Garcia-Ruiz and her husband Pablo Ruiz, would now be released.

“So because of Senate Rules, once you file a committee report automatically those in detention would be released upon filing of the committee report. So that is the reason why the couple have been released,” Tolentino told reporters in an interview. 

“The next step would (now) be for the DOJ (Department of Justice) to conclude its preliminary investigation, and the final hearing, I was told, would be on November 29 at the DOJ Manila,” he said.