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Team: The Love Affair

Topic: Migrant Workers and Overseas Filipino Act (RA 10022)

Jose, a seafarer married Maria 5 days before he joined the vessel as


Third Officer onboard MV Maersk Love. Before his departure, he arranged all
his papers for his 9-month contract with his manning agency, Maersk
Crewing Inc. Being fairly new as a married man, he opted to retain his
allotment info named under his mother's name and asked his mother to give
his new wife his monthly allotment. The arrangement went well in the first
two months, however, due to some conflicts between Maria and her mother
in law, Maria was no longer given any allotment by her mother-in-law, she
told her husband the situation, however, Jose sided with his mother and said
that he will settle the issue upon his disembarkation. Aggrieved, Maria went
to the manning office to report her husband and to endeavor to get what is
rightfully hers as a legal wife. However, the office refused to meddle in the
matter as they can only use as basis the data left by the seafarer. Desperate,
she went to POEA for assistance.

1. Was the manning agency correct in refusing to assist the wife in claiming
the allotment, which was rightfully hers?
YES. In reference to the Standard Terms and Contract by POEA for
Oceangoing Seafarers, Allotte is defined as any person named or
designated by the seafarer as recipient of his remittance to the
Philippines. In the problem, Juan named his mother as his allottee,
hence the manning agency is bound to follow what was designated
by the seafarer
2. Was Maria correct in going to POEA for relief? Explain.
Yes, Maria was correct in going to POEA however, POEA cannot act
without any basis. Hence, the proper legal recourse is for the Maria
to file a civil case a civil case for support. Once the court grants the
petition, the said court order should be given to the manning
agency and attached to each POEA standard employment contract.
This will serve as a notice to the seafarer that failure to comply will
have legal consequence. The manning agency is likewise bound to
abide by said order for the allocation in favor of the wife.
3. What are the reliefs available for Maria?

Aside from filing a Civil Case for Support, Maria can also file for a
Criminal Case against Juan. A Filipino seafarer can be held criminally
liable and be subjected to sanctions due to the act of abandoning
his financial obligation to persons to which he is obliged by law to
support. Under the Anti-Violence Against Women and Their Children
Act , which was promulgated March 08, 2004, economic abuse can
be committed against a woman who is his wife, former wife, or
against a woman with whom the person has or had a sexual or
dating relationship, or with whom he has a common child, or against
her child whether legitimate or illegitimate, within or without the
family abode. Popularly known as VAWC, the said law defined
"Economic abuse" as any act that makes or attempts to make a
woman financially dependent which includes, but is not limited to
the following: 1. withdrawal of financial support or preventing the
victim from engaging in any legitimate profession, occupation,
business or activity, except in cases wherein the other
spouse/partner objects on valid, serious and moral grounds as
defined in 2. deprivation or threat of deprivation of financial
resources and the right to the use and enjoyment of the conjugal,
community or property owned in common; If convicted under this
law, the seafarer shall be punished by prision mayor, or
imprisonment of a minimum of six years and one day to a maximum
of twelve years. He shall also shall pay a fine in the amount of not
less than One hundred thousand pesos (P100,000.00) but not more
than three hundred thousand pesos (300,000.00). The court may
likewise expedite the process of issuance of a hold departure order
once the case is filed.

Determined to help her family's economic status, Mary worked as a


production worker in Taiwan for a 2-year contract and was deployed by her
agency, XYZ Overseas Inc. During her contract, she contracted a very rare
disease wherein only 1 in every 10,000 gets affected. She was hospitalized
for more than 7 days and her family back in the Philippines, were informed
by one of her co-workers, who was also a Filipino, regarding her situation.
Her family went to the agency to seek assistance.
4. What assistance can the agency extend to Mary's family?
Compassionate visit. When a migrant worker is hospitalized and has
been confined for at least seven (7) consecutive days, he shall be
entitled to a compassionate visit by one (1) family member or a
requested individual. The insurance company shall pay for the

transportation cost of the family member or requested individual to


the major airport closest to the place of hospitalization of the
worker. It is, however, the responsibility of the family member or
requested individual to meet all visa and travel document
requirements.
5. In the event Mary dies while hospitalized in Taiwan, who will cover for the
repatriation expenses?
In case of death, the insurance provider shall arrange and pay for
the repatriation or return of the workers remains. The insurance
provider shall also render any assistance necessary in the transport
including, but not limited to, locating a local licensed funeral home,
mortuary or direct disposition facility to prepare the body for
transport, completing all documentation, obtaining legal clearances,
procuring consular services, providing necessary casket or air
transport container, as well as transporting the remains including
retrieval from site of death and delivery to the receiving funeral
home
6. Is the family eligible for any claims from Mary's death?
YES. SEC. 37-A. Compulsory Insurance Coverage for Agency-Hired
Workers. In addition to the performance bond to be filed by the
recruitment/manning agency under Section 10, each migrant worker
deployed by a recruitment/manning agency shall be covered by a
compulsory insurance policy which shall be secured at no cost to the
said worker. Such insurance policy shall be effective for the duration
of the migrant workers employment and shall cover, at the
minimum: (a) Accidental death, with at least Fifteen thousand
United States dollars (US$10,000.00) survivors benefit payable to
the migrant workers beneficiaries.

On December 8, 2007, John signed a contract to be part of the crew of ABC


Cruises Inc., through its Philippine Manning Agency, DEF. Under the standard
employment contract of the Philippine Overseas Employment Administration
(POEA), hi employment was to commence upon hi actual departure from the
point of hire, Manila, from where he would take a flight to the Bahamas to
join the vessel MV Loveboat. However, more than three months after John
secured his exit clearance from POEA for his supposed departure on January
12, 2008, DEF still had not deployed him for no valid reason,
7. Is John entitled to relief? Explain

YES. Even if no departure took place, the contract of employment


has already been perfected which creates certain rights and
obligations, the breach of which may give rise to a cause of action
against the erring party.

8. In relation to above facts, can John claim for damages and where should
he file his claim?
John may file a complaint for breach of contract and claim damages
therefor before the NLRC, despite absence of employer-employee
relationship. RA 10022 conferred jurisdiction on the Labor Arbiter
not only claims arising out of EER, but also by virtue of any law or
contract involving Filipino worker for overseas deployment including
claims for actual, moral, exemplary and other forms of damages.
Joe was approached for a possible overseas deployment to Dubai by X, an
interviewer of job applicants for Alpha Recruitment Services Inc., an overseas
recruitment agency. X required Joe to submit certain documents and to pay
for 25,000 as processing fee. Upon payment of the said amount to the
agency cashier, Joe was advised to wait for his visa. After five months, he
was informed by X that he can no longer be deployed abroad. Joe was
informed by POEA that Alpha Recruitment Services Inc., was a licensed
Agency, however, X was not their registered employee.
9. May the officers of Alpha Recruitment Services Inc., be held criminally
liable for illegal recruitment? Explain.
YES. Alpha, being a licensed recruitment agency still has obligation
to Joe for processing hi paper for overseas employment. Under RA
10022, failure to reimburse expenses incurred by the worker in
connection with his documentaion and processing for purposes of
deployment, in cases where the deployment does not take place
without worker fault, amounts to illegal recruitment.
10. Who are the persons that can be held criminally liable for acts
constituting Illegal Recruitment and prohibited acts?
The persons that can be held criminally liable for illegal recruitment
and prohibited acts are the principals, accomplices and accessories.
In case of juridical persons, the officers having ownership, control,
management or direction of their business who are responsible for
the
commission
of
the
offense
and
the
responsible
employees/agents thereof shall be liable.
11. What are the uses of the Legal Assistance Fund?

The Legal Assistance Fund shall be used exclusively for the


following specific purposes:
(a)
In the absence of counsel de oficio or court-appointed lawyer,
payment of attorneys fees to foreign lawyers for their services in
representing migrant workers facing criminal and labor cases
abroad, or in filing cases against erring or abusive employers
abroad, provided, that no amount shall be disbursed for the appeal
of cases except when the penalty meted is life imprisonment or
death or under meritorious circumstances as determined by the
Undersecretary for Migrant Workers Affairs.
(b)
Bail bonds to secure the temporary release of workers under
detention upon the recommendation of the lawyer and the foreign
service post concerned; and
(c)
Court fees, charges and other reasonable litigation expenses
when so recommended by their lawyers.

12. What are the benefits covered by the Compulsory Insurance Coverage
provided under Section 37-A of the amended law (RA 10022)?

The benefits covered are as follows:


(1)
Accidental death, with at least USD15,000 survivors benefit
payable to the migrant workers beneficiaries;
(2)
Natural death of at least USD10,000 survivors benefit payable
to the migrant workers beneficiaries;
(3) Permanent total disablement, with at least USD7,500 disability
benefit payable to the migrant worker. The following disabilities
shall be deemed permanent: total, complete loss of sight of both
eyes; loss of two limbs at or above the ankles or wrists; permanent
complete paralysis of two limbs; brain injury resulting to incurable
imbecility or insanity;

(4)
Repatriation cost of the worker when employment is
terminated without any valid cause, including transport of his
personal belongings; repatriation of remains in case of death of the
seafarer including assistance on the requirements for repatriation
of remains;

(5) Subsistence allowance benefit of at least One hundred US


Dollars (USD100) per month for a maximum of 6 months for a
migrant worker who is involved in a litigation in receiving country;

(6) Money claims arising from employers liability equivalent to at


least 3 months salary for every year of the migrant workers
employment contract;

(7) Compassionate visit when a migrant worker is hospitalized and


has been confined for at least 7 consecutive days wherein the
insurance provider will shoulder the transportation cost of one
family member of the migrant worker in going to the major airport
closest to the place of hospitalization of the migrant worker;

(8) Medical evacuation cost when there is no proximate adequate


medical facility; and

(9) Medical repatriation cost when medically cleared to travel by


commercial carrier; if period to receive such clearance exceeds 14
days, an alternative mode of transportation, such as air ambulance,
may be arranged; medical escorts shall also be provided if
necessary.

Mary, was hired for overseas deployment by her agency, KID Recruitment
International as a domestic helper for Hong Kong. Prior to her deployment,
she underwent medical examination by a DOH-accredited clinic, JJ
Diagnostics Inc., and was declared to be fit for employment on August 1,
2011. She departed and arrived in Hong Kong on August 7, 2011. However, 3
days later, she got sick and was brought to a local hospital by her employer.
The doctor from Hong Kong declared she was suffering from tuberculosis and
results show that she was already suffering from it for quite some time.

13. Who shall be responsible for Marys repatriation costs?

Her repatriation shall be shouldered by JJ Diagnostics Inc. Under RA


10022, Implementing Rules and Regulations, in case an OFW is
found to be not medically fit within fifteen (15) days upon his/her
arrival in the country of destination, the medical clinic or health
facility that conducted the health examination/s of such OFW shall
pay for his/her repatriation back to the Philippines and the cost of
deployment of such worker.
14. What are the possible penalties for medical clinics who have violated any
of the sections of RA 10022?
In case an OFW is found to be not medically fit within fifteen (15)
days upon his/her arrival in the country of destination, the medical
clinic or health facility that conducted the health examination/s of
such OFW shall pay for his/her repatriation back to the Philippines
and the cost of deployment of such worker.
Having been born from a father of European descent, although Boy was only
16 years old, his physical features would make him look like a man in his
early 20s. With this physical attributes, he was able to process with
fraudulent documents, his application as a waiter in Australia. However, upon
starting his work with his employer, his mother reported to the authorities of
her sons situation and reported that his son has ran away from home and
only found out his location through Facebook posts by Boys friends.
15. What are the reliefs available for Boys mother?
Upon discovery or upon being informed of the presence of migrant
workers whose actual ages fall below the minimum age requirement
for overseas deployment, the responsible officers in the Foreign
Service shall without delay repatriate said workers and advise the
DFA through the fastest means of communication available of such
discovery and other relevant information. In addition to requiring
the recruitment/manning agency to pay or reimburse the costs of
repatriation, the POEA shall cancel the license of the
recruitment/manning agency that deployed an underage migrant
worker.
Gela was hired and deployed to a production factory in China, through a
Tourist Visa pass. Upon her arrival in China, nobody met her and her
documents pertaining to her employer were found to be fake. She contacted
her agency, but was informed that it was no longer existing and the old office
was already abandoned.
16. Who shall shoulder Gelas repatriation expenses?

In all cases where the principal or agency of the worker cannot be


identified, cannot be located or had ceased operations, and the
worker is in need and without means, the OWWA personnel at the
jobsite, in coordination with the DFA, shall cause the repatriation in
appropriate cases. All costs attendant to repatriation borne by the
OWWA may be charged to the Emergency Repatriation Fund
provided in the Act, without prejudice to the OWWA requiring the
agency/employer/insurer or the worker to reimburse the cost of
repatriation.
17. What is the purpose of the Emergency Repatriation Fund?
When repatriation becomes immediate and necessary, the OWWA
shall advance the needed costs from the Emergency Repatriation
Fund without prejudice to reimbursement by the deploying agency
and/or principal, or the worker in appropriate cases. Simultaneously,
the POEA shall ask the concerned agency to work towards
reimbursement of costs advanced by the OWWA. In cases where the
cost of repatriation shall exceed One Hundred Million Pesos
(Php100,000,000.00), the OWWA shall make representation with the
Office of the President for immediate funding in excess of said
amount.
Mario was a machinist in Dubai. In one of his duties, he got into an accident
and was medically repatriated. Upon arrival in the Philippines, he was
declared to be Permanently Disabled. Prior to his deployment, it was
explained to him that he was covered with insurance, however, he had no
idea where he can claim for it.
18. What can Mario do and to whom shall he seek assistance?
Mario can seek assistance from his manning/ recruitment agency. In
filing a claim with the insurance provider, it shall be the duty of the
recruitment/manning agency to assist the migrant worker and/or the
beneficiary and to ensure that all information and documents in the
custody of the agency necessary for the claim must be readily
accessible to the claimant.
19. What are the documentary requirements for any claims with Insurance
Covereage?
Any claim arising from accidental death, natural death or permanent
total disablement under Section 2 (a), (b) and (c) shall be paid by
the insurance company without any contest and without the
necessity of proving fault or negligence of any kind on the part of
the insured migrant worker: Provided the following documents, duly

authenticated by the Philippine foreign posts, shall be sufficient


evidence to substantiate the claim: 1) Death Certificate in case of
natural or accidental death; 2) Police or Accident Report in case of
accidental death; and 3) Medical Certificate in case of permanent
disablement.
20. Relating to above problem, in case the Insurance company files a dispute
to the claim, where is the proper venue of such dispute?
Any question or dispute in the enforcement of any insurance policy
issued under this Rule shall be brought before the IC for mediation
or adjudication. Notwithstanding the preceding paragraph, the
NLRC shall have the exclusive jurisdiction to enforce against the
recruitment/manning agency its decision, resolution or order that
has become final and executory or a settlement/compromise
agreement reached between the parties.