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Philippine Bar review · Question

Practice question: Migrant Worker or Overseas Filipino Worker

Multiple Choice Hard

Practice question

A Filipino in paid temporary employment overseas otherwise satisfies RA11641’s definition but has an irregular immigration status. An officer says irregularity alone makes the statutory phrase regardless of status meaningless and bars treating the person as an OFW. Another says the Act thereby legalizes every immigration violation. Which is correct?
  1. The Act automatically confers citizenship in the host State
  2. Every immigration offense disappears
  3. Only documented workers can ever be OFWs under this Act
  4. Irregular status alone does not defeat the definition on these facts, but the definition does not itself legalize immigration violations
  5. The person becomes a tourist by operation of law

Legal references

  • RA11641, Sections 2(c) and 3(g): https://lawphil.net/statutes/repacts/ra2021/ra_11641_2021.html

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