LabLaw - Cases

LabLaw Review
LABOR LAWS
1. REPUBLIC ACT NO. 10022 amending RA 8042

2. 2002 POEA RULES ON OVERSEAS EMPLOYEMENT OF OFWS
3. 2003 POEA RULES ON OVERSEAS EMPLOYMENT OF SEAFARER’S
4. OMNIBUS IRR OF RA 8042 AS AMENDED BY RA 10022
5. Rules and regulations on the employment of seafarer’s onboard Philippine
Registered Ships engaged in International Voyage – DO No. 130- Series of 2013
6. 2016 Revised POEA Rules and Regulations Governning the Recruitment and
Employment of Seafarers’
7. 2016 Revised POEA Ruels and Regulations Governing Recreuitment and
Employment of Land Based Overseas Filipino Workers
8. RA no. 10801, Overseas workers welfare act
9. OWWA Resolution No. 015 Series of 2016. IRR of RA 10801
10. Executive Order No. 797 Reorganizing the Ministry of Labor and Employment,
creating the Philippine oversieas employment Administration, and for other
purposes Act of 1982
11. RA no. 8972
12. RA no. 9262
13. RA no. 9710
14. PD no. 851
15. RA no. 10653
16. BIR RR 3-2015
17. RA no. 7877
18. RA no. 7678; RA 9231
19. RA 7644- Increasing teh Minimum wage of househelpers;
20. RA 10361 is an Act Instituting Policies for the Protection and Welfare of Domestic
Workers, otherwise known as Domestic Workers Act or Batas Kasambahay
21. Ra 7277, as amended by RA no. 9442
22. SSS Law; RA no. 8282
23. GSIS Law; RA no. 8291
24. Limited Portability Law RA 7699
25. RA no. 6727
26. RA no. 7305
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1. REPUBLIC ACT NO. 10022 amending RA 8042
Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two
thousand nine.
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
Be it enacted by the Senate and House of Representatives of the Philippine Congress
Assembled:
Section 1. Paragraphs (a), (e), (g) and (h) of Section 2 of Republic Act. No. 8042, as
amended, otherwise known as the "Migrant Workers and Overseas Filipinos Act of
1995," is hereby amended to read as follows:
"(a) In the pursuit of an independent foreign policy and while considering national
sovereignty, territorial integrity, national interest and the right to self-determination
paramount in its relations with other states, the State shall, at all times, uphold the
dignity of its citizens whether in country or overseas, in general, and Filipino migrant
workers, in particular, continuously monitor international conventions, adopt/be
signatory to and ratify those that guarantee protection to our migrant workers, and
endeavor to enter into bilateral agreements with countries hosting overseas Filipino
workers."
"(e) 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."
"(g) The State recognizes that the most effective tool for empowerment is the
possession of skills by migrant workers. The government shall provide them free and
accessible skills development and enhancement programs. Pursuant to this and as
soon as practicable, the government shall deploy and/or allow the deployment only of
skilled Filipino workers."
"(h) The State recognizes non-governmental organizations, trade unions, workers
associations, stakeholders and their similar entities duly recognized as legitimate, are
partners of the State in the protection of Filipino migrant workers and in the promotion of
their welfare. The State shall cooperate with them in a spirit of trust and mutual respect.
The significant contribution of recruitment and manning agencies shall from part this
partnership."
Section 2. Section 3, paragraph (a) of Republic Act No. 8042, as amended, is hereby
amended to read as follows:
"(a) "Overseas Filipino worker" refers to a person who is to be engaged, is engaged or
has been engaged in a remunerated activity in a state of which he or she is not a citizen
or on board a vessel navigating the foreign seas other than a government ship used for
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miliatry or non-commercial purposes or on an installation located offshore or on the high

seas; to be used interchangeably with migrant worker."
Section 3. Section 4 of Republic Act No. 8042, as amended, is hereby amended to
rerad as follows:
"SEC. 4. Deployment of Migrant Workers. - The State shall allow the deployment of
overseas Filipino workers only in countries where the rights of Filipino migrant workers
are protected. The government recognizes any of the following as a guarantee on the
part of the receiving country for the protection of the rights of overseas Filipino workers:
"(a) It has existing labor and social laws protecting the rights of workers, including
migrant workers;
"(b) It is a signatory to and/or a ratifier of multilateral conventions, declarations or
resolutions relating to the protection of workers, including migrant workers; and
"(c) It has concluded a bilateral agreement or arrangement with the government on the
protection of the rights of overseas Filipino Workers:
Provided, That the receiving country is taking positive, concrete measures to protect the
rights of migrant workers in furtherance of any of the guarantees under subparagraphs
(a), (b) and (c) hereof.
"In the absence of a clear showing that any of the aforementioned guarantees exists in
the country of destination of the migrant workers, no permit for deployment shall be
issued by the Philippine Overseas Employment Administration (POEA).
"The members of the POEA Governing Board who actually voted in favor of an order
allowing the deployment of migrant workers without any of the aforementioned
guarantees shall suffer the penalties of removal or dismissal from service with
disqualification to hold any appointive public office for five (5) years, Further, the
government official or employee responsible for the issuance of the permit or for
allowing the deployment of migrant workers in violation of this section and in direct
contravention of an order by the POEA Governing Board prohibiting deployment shall
be meted the same penalties in this section.
"For this purpose, the Department of Foreign Affairs, through its foreign posts, shall
issue a certification to the POEA, specifying therein the pertinent provisions of the
receiving country's labor/social law, or the convention/declaration/resolution, or the
bilateral agreement/arrangement which protect the rights of migrant workers.
"The State shall also allow the deployment of overseas Filipino workers to vessels
navigating the foreign seas or to installations located offshore or on high seas whose
owners/employers are compliant with international laws and standards that protect the
rights of migrant workers.
"The State shall likewise allow the deployment of overseas Filipino workers to
companies and contractors with international operations: Provided, That they are
compliant with standards, conditions and requirements, as embodied in the employment
contracts prescribed by the POEA and in accordance with internationally-accepted
standards."
read as follows:
"SEC. 5. Termination or Ban on Deployment. - Notwithstanding the provisions of
Section 4 hereof, in pursuit of the national interest or when public welfare so requires,
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the POEA Governing Board, after consultation with the Department of Foreign Affairs,
may, at any time, terminate or impose a ban on the deployment of migrant workers."
read as follows:
"SEC. 6. Definition. - For purposes of this Act, illegal recruitment shall mean any act of
canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers
and includes referring, contract services, promising or advertising for employment
abroad, whether for profit or not, when undertaken by non-licensee or non-holder of
authority contemplated under Article 13(f) of Presidential Decree No. 442, as amended,
otherwise known as the Labor Code of the Philippines: Provided, That any such non-
licensee or non-holder who, in any manner, offers or promises for a fee employment
abroad to two or more persons shall be deemed so engaged. It shall likewise include
the following acts, whether committed by any person, whether a non-licensee, non-
holder, licensee or holder of authority:
"(a) To charge or accept directly or indirectly any amount greater than that specified in
the schedule of allowable fees prescribed by the Secretary of Labor and Employment,
or to make a worker pay or acknowledge any amount greater than that actually received
by him as a loan or advance;
"(b) To furnish or publish any false notice or information or document in relation to
recruitment or employment;
"(c) To give any false notice, testimony, information or document or commit any act of
misrepresentation for the purpose of securing a license or authority under the Labor
Code, or for the purpose of documenting hired workers with the POEA, which include
the act of reprocessing workers through a job order that pertains to nonexistent work,
work different from the actual overseas work, or work with a different employer whether
registered or not with the POEA;
"(d) To include or attempt to induce a worker already employed to quit his employment
in order to offer him another unless the transfer is designed to liberate a worker from
oppressive terms and conditions of employment;
"(e) To influence or attempt to influence any person or entity not to employ any worker
who has not applied for employment through his agency or who has formed, joined or
supported, or has contacted or is supported by any union or workers' organization;
"(f) To engage in the recruitment or placement of workers in jobs harmful to public
health or morality or to the dignity of the Republic of the Philippines;
"(h) To fail to submit reports on the status of employment, placement vacancies,
remittance of foreign exchange earnings, separation from jobs, departures and such
other matters or information as may be required by the Secretary of Labor and
Employment;
"(i) To substitute or alter to the prejudice of the worker, employment contracts approved
and verified by the Department of Labor and Employment from the time of actual
signing thereof by the parties up to and including the period of the expiration of the
same without the approval of the Department of Labor and Employment;
"(j) For an officer or agent of a recruitment or placement agency to become an officer or
member of the Board of any corporation engaged in travel agency or to be engaged
directly or indirectly in the management of travel agency;
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"(k) To withhold or deny travel documents from applicant workers before departure for
monetary or financial considerations, or for any other reasons, other than those
authorized under the Labor Code and its implementing rules and regulations;
"(l) Failure to actually deploy a contracted worker without valid reason as determined by
the Department of Labor and Employment;
"(m) Failure to reimburse expenses incurred by the worker in connection with his
documentation and processing for purposes of deployment, in cases where the
deployment does not actually take place without the worker's fault. Illegal recruitment
when committed by a syndicate or in large scale shall be considered an offense
involving economic sabotage; and
"(n) To allow a non-Filipino citizen to head or manage a licensed recruitment/manning
agency.
"Illegal recruitment is deemed committed by a syndicate if carried out by a group of
three (3) or more persons conspiring or confederating with one another. It is deemed
committed in large scale if committed against three (3) or more persons individually or
as a group.
"In addition to the acts enumerated above, it shall also be unlawful for any person or
entity to commit the following prohibited acts:
"(1) Grant a loan to an overseas Filipino worker with interest exceeding eight percent
(8%) per annum, which will be used for payment of legal and allowable placement fees
and make the migrant worker issue, either personally or through a guarantor or
accommodation party, postdated checks in relation to the said loan;
"(2) Impose a compulsory and exclusive arrangement whereby an overseas Filipino
worker is required to avail of a loan only from specifically designated institutions, entities
or persons;
"(3) Refuse to condone or renegotiate a loan incurred by an overseas Filipino worker
after the latter's employment contract has been prematurely terminated through no fault
of his or her own;
worker is required to undergo health examinations only from specifically designated
medical clinics, institutions, entities or persons, except in the case of a seafarer whose
medical examination cost is shouldered by the principal/shipowner;
worker is required to undergo training, seminar, instruction or schooling of any kind only
from specifically designated institutions, entities or persons, except fpr recommendatory
trainings mandated by principals/shipowners where the latter shoulder the cost of such
trainings;
"(6) For a suspended recruitment/manning agency to engage in any kind of recruitment
activity including the processing of pending workers' applications; and
"(7) For a recruitment/manning agency or a foreign principal/employer to pass on the
overseas Filipino worker or deduct from his or her salary the payment of the cost of
insurance fees, premium or other insurance related charges, as provided under the
compulsory worker's insurance coverage.
"The persons criminally liable for the above offenses are the principals, accomplices
and accessories. In case of juridical persons, the officers having ownership, control,
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management or direction of their business who are responsible for the commission of
the offense and the responsible employees/agents thereof shall be liable.
"In the filing of cases for illegal recruitment or any of the prohibited acts under this
section, the Secretary of Labor and Employment, the POEA Administrator or their duly
authorized representatives, or any aggrieved person may initiate the corresponding
criminal action with the appropriate office. For this purpose, the affidavits and
testimonies of operatives or personnel from the Department of Labor and Employment,
POEA and other law enforcement agencies who witnessed the acts constituting the
offense shall be sufficient to prosecute the accused.
"In the prosecution of offenses punishable under this section, the public prosecutors of
the Department of Justice shall collaborate with the anti-illegal recruitment branch of the
POEA and, in certain cases, allow the POEA lawyers to take the lead in the
prosecution. The POEA lawyers who act as prosecutors in such cases shall be entitled
to receive additional allowances as may be determined by the POEA Administrator.
"The filing of an offense punishable under this Act shall be without prejudice to the filing
of cases punishable under other existing laws, rules or regulations."1avvphi1
read as follows:
"SEC. 7. Penalties. -
"(a) Any person found guilty of illegal recruitment shall suffer the penalty of
imprisonment of not less than twelve (12) years and one (1) day but not more than
twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) nor
more than Two million pesos (P2,000,000.00).
"(b) The penalty of life imprisonment and a fine of not less than Two million pesos
(P2,000,000.00) nor more than Five million pesos (P5,000,000.00) shall be imposed if
illegal recruitment constitutes economic sabotage as defined therein.
"Provided, however, That the maximum penalty shall be imposed if the person illegally
recruited is less than eighteen (18) years of age or committed by a non-licensee or non-
holder of authority.
"(c) Any person found guilty of any of the prohibited acts shall suffer the penalty of
imprisonment of not less than six (6) years and one (1) day but not more than twelve
(12) years and a fine of not less than Five hundred thousand pesos (P500,000.00) nor
more than One million pesos (P1,000,000.00).
"If the offender is an alien, he or she shall, in addition to the penalties herein prescribed,
be deported without further proceedings.
"In every case, conviction shall cause and carry the automatic revocation of the license
or registration of the recruitment/manning agency, lending institutions, training school or
medical clinic."
read as follows:
"SEC. 10. Money Claims. - Notwithstanding any provision of law to the contrary, the
Labor Arbiters of the National Labor Relations Commission (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.
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Consistent with this mandate, the NLRC shall endeavor to update and keep abreast
with the developments in the global services industry.
"The liability of the principal/employer and the recruitment/placement agency for any
and all claims under this section shall be joint and several. This provision shall be
incorporated in the contract for overseas employment and shall be a condition
precedent for its approval. The performance bond to de filed by the
recruitment/placement agency, as provided by law, shall be answerable for all money
claims or damages that may be awarded to the workers. If the recruitment/placement
agency is a juridical being, the corporate officers and directors and partners as the case
may be, shall themselves be jointly and solidarily liable with the corporation or
partnership for the aforesaid claims and damages.
"Such liabilities shall continue during the entire period or duration of the employment
contract and shall not be affected by any substitution, amendment or modification made
locally or in a foreign country of the said contract.
"Any compromise/amicable settlement or voluntary agreement on money claims
inclusive of damages under this section shall be paid within thirty (30) days from
approval of the settlement by the appropriate authority.
"In case of termination of overseas employment without just, valid or authorized cause
as defined by law or contract, or any unauthorized deductions from the migrant worker's
salary, the worker shall be entitled to the full reimbursement if his placement fee and the
deductions made with interest at twelve percent (12%) per annum, plus his salaries for
the unexpired portion of his employment contract or for three (3) months for every year
of the unexpired term, whichever is less.
"In case of a final and executory judgement against a foreign employer/principal, it shall
be automatically disqualified, without further proceedings, from participating in the
Philippine Overseas Employment Program and from recruiting and hiring Filipino
workers until and unless it fully satisfies the judgement award.
"Noncompliance with the mandatory periods for resolutions of case provided under this
section shall subject the responsible officials to any or all of the following penalties:
"(a) The salary of any such official who fails to render his decision or resolution within
the prescribed period shall be, or caused to be, withheld until the said official complies
therewith;
"(b) Suspension for not more than ninety (90) days; or
"(c) Dismissal from the service with disqualification to hold any appointive public office
for five (5) years.
"Provided, however, That the penalties herein provided shall be without prejudice to any
liability which any such official may have incured under other existing laws or rules and
regulations as a consequence of violating the provisions of this paragraph."
Section 8. The first paragraph of Section 13 of Republic Act No. 8042, as amended is
hereby amended to read as follows:
"SEC. 13. Free Legal Assistance; Preferential Entitlement Under the Witness Protection
Program. - A mechanism for free legal assistance for victims of illegal recruitment shall
be established in the anti-illegal recruitment branch of the POEA including its regional
offices. Such mechanism shall include coordination and cooperation with the
Department of Justice, the Integrated Bar of the Philippines, and other non-
governmental organizations and volunteer groups."
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read as follows:
"SEC. 16. Mandatory Repatriation of Underage Migrant Workers. - Upon discovery or
being informed of the presence of migrant workers whose 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 Department of Foreign Affairs
through the fastest means of communication available of such discovery and other
relevant information. The license of a recruitment/manning agency which recruited or
deployed an underage migrant worker shall be automatically revoked and shall be
imposed a fine of not less than Five hundred thousand pesos (Php 500,000.00) but not
more than One million pesos (Php 1,000,000.00). All fees pertinent to the processing of
papers or documents in the recruitment or deployment shall be refunded in full by the
responsible recruitment/manning agency, without need of notice, to the underage
migrant worker or to his parents or guardian. The refund shall be independent of and in
addition to the indemnification for the damages sustained by the underage migrant
worker. The refund shall be paid within thirty (30) days from the date of the mandatory
repatriation as provided for in this Act."
read as follows:
"SEC. 17. Establishment of National Reintegration Center for Overseas Filipino
Workers. -A national reintegration center for overseas Filipino workers (NRCO) is
hereby created in the Department of Labor and Employment for returning Filipino
migrant workers which shall provide a mechanism for their reintegration into the
Philippine society, serve as a promotion house for their local employment, and tap their
skills and potentials for national development.
"The Department of Labor and Employment, the Overseas Workers Welfare
Administration (OWWA), and the Philippine Overseas Employment Administration
(POEA) shall, within ninety (90) days from the effectivity of this Act, formulate a program
that would motivate migrant workers to plan for productive options such as entry into
highly technical jobs or undertakings, livelihood and entrepreneurial development, better
wage employment, and investment of savings.
"For this purpose, the Technical Education and Skills Development Authority (TESDA),
the Technology Livelihood Resource Center (TLRC), and other government agencies
involved in training and livelihood development shall give priority to returnees who had
been employed as domestic helpers and entertainers."
Section 11. Section 18 of Republic Act No. 8042, as amended is hereby amended to
read as follows:
"SEC. 18. Functions of the National Reintegration Center for Overseas Filipino
Workers. -The Center shall provide the following services:
"(a) Develop and support programs and projects for livelihood, entrepreneurship,
savings, investments and financial literacy for returning Filipino migrant workers and
their families in coordination with relevant stakeholders, service providers and
international organizations;
"(b) Coordinate with appropriate stakeholders, service providers and relevant
international organizations for the promotion, development and the full utilization of
overseas Filipino worker returnees and their potentials;
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"(c) Institute, in cooperation with other government agencies concerned, a computer-

based information system on returning Filipino migrant workers shall be accessible to all
local recruitment agencies and employers, both public and private;
"(d) Proved a periodic study and assessment of job opportunities for returning Filipino
migrant workers;
"(e) Develop and implement other appropriate programs to promote the welfare of
returning Filipino migrant workers;
"(f) Maintain an internet-based communication system for on-line registration and
interaction with clients, and maintain and upgrade computer-based service capabilities
of the NRCO;
"(g) Develop capacity-building programs for returning overseas Filipino workers and
their families, implementers, service providers, and stakeholders; and
"(h) Conduct research for policy recommendations and program development."
Section 12. The second paragraph of Section 19 of Republic Act No. 8042, as
amended, is hereby amended to read as follows:
"The establishment and operations of the Center shall be a joint undertaking of the
various government agencies. The Center shall be open for twenty-four (24) hours daily
including Saturdays, Sundays and holidays, and shall be staffed by Foreign Service
personnel, service attaches or officers who represent other Philippine government
agencies abroad and, if available, individual volunteers and bona fide non-government
organizations from the host countries. In countries categorized as highly problematic by
the Department of Foreign Affairs and the Department of Labor and Employment and
where there is a concentration of Filipino migrant workers, the government must provide
a Sharia or human rights lawyer, a psychologist and a social worker for the Center. In
addition to these personnel, the government must also hire within the receiving country,
in such number as may be needed by the post, public relation officers or case officers
who are conversant, orally and in writing, with the local language, laws, customs and
practices. The Labor Attache shall coordinate the operation of the Center and shall keep
the Chief of Mission informed and updated on all matters affecting it."
read as follows:
"SEC. 20. Establishment of a Shared Government Information System for Migration. -
An interagency committee composed of the Department of Foreign Affairs and its
attached agency, the Commission on Filipinos Overseas, the Department of Labor and
Employment and its attached concerned agencies, the Department of Tourism, the
Department of Justice the Bureau of Immigration, the National Bureau of Investigation,
the Department of the Interior and Local Government, the National Telecommunications
Commission, the Commission on Information and Communications Technology, the
National Computer Center, the National Statistical and Coordination Board, the National
Statistics Office and other government agencies concerned with overseas employment
shall be established to implement a shared government information system for
migration. The interagency committee shall initially make available to itself the
information contained in existing data bases/files. The second phase shall involve
linkaging of computer facilities on order to allow free-flow data exchanges and sharing
among concerned agencies.
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"The inter-agency committee shall be co-chaired by the Department of Foreign Affairs

and the Department of Labor and Employment. The National Computer Center shall
provide the necessary technical assistance and shall set the appropriate information
and communications technology standards to facilitate the sharing of information among
the member agencies.
"The inter-agency committee shall meet regularly to ensure the immediate and full
implementation of this section and shall explore the possibility setting up a central
storage facility for the data on migration. The progress of the implementation of this
section shall be include in the report to Congress of the Department of Foreign Affairs
and the Department of Labor and Employment under Section 33.
"The inter-agency committee shall convene to identify existing data bases which shall
be declassified and shared among member agencies. These shared data bases shall
initially include, but not be limited to, the following information:
"(a) Masterlists of Filipino migrant workers/overseas Filipino classified according to
occupation/job category, civil status, by country/state of destination including visa
classification;
"(b) Inventory of pending legal cases involving Filipino migrant workers and other
Filipino nationals, including those serving prison terms;
"(c) Masterlists of departing/arriving Filipinos;
"(d) Statistical profile on Filipino migrant workers/overseas Filipinos/tourists;
"(e) Blacklisted foreigners/undesirable aliens;
"(f) Basic data on legal systems, immigration policies, marriage laws and civil and
criminal codes in receiving countries particularly those with large numbers of Filipinos;
"(g) List of Labor and other human rights instruments where receiving countries are
signatories;
"(h) A tracking system of past and present gender disaggregated cases involving male
and female migrant workers, including minors; and
"(i) Listing of overseas posts which may render assistance to overseas Filipinos, in
general, and migrant workers, in particular."
Section 14. Subparagraph (b.1) of paragraph (b) of Section 23 of Republic Act No.
8042, as amended, is hereby amended to read as follows:
"(b.1) Philippine Overseas Employment Administration. - The Administration shall
regulate private sector participation in the recruitment and overseas placement of
workers by setting up a licensing and registration system. It shall also formulate and
implement, in coordination with appropriate entities concerned, when necessary, a
system for promoting and monitoring the overseas employment of Filipino workers
taking into consideration their welfare and the domestic manpower requirements. It shall
be responsible for the regulation and management of overseas employment from the
pre-employment stage, securing the best possible employment terms and conditions for
overseas Filipino workers, and taking into consideration the needs of vulnerable sectors
and the peculiarities of sea-based and land-based workers. In appropriate cases, the
Administration shall allow the lifting of suspension of erring recruitment/manning
agencies upon the payment of fine of Fifty thousand pesos (P50,000.00) for every
month of suspension.
"in addition to its powers and functions, the Administration shall inform migrant workers
not only of their rights as workers but also of their rights as human beings, instruct and
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guide the workers how to assert their rights and provide the available mechanism to
redress violation of their rights. It shall also be responsible for the implementation, in
partnership with other law-enforcement agencies, of an intensified program against
illegal recruitment activities. For this purpose, the POEA shall provide comprehensive
Pre-Employment Orientation Seminars (PEOS) that will discuss topics such as
prevention of illegal recruitment and gender-sensitivity.
"The Administration shall not engage in the recruitment and placement of overseas
workers except on a government-to-government arrangement only.
"In the recruitment and placement of workers to service the requirements for trained and
competent Filipino workers of foreign governments and their instrumentalitys, and such
other employers as public interests may require, the Administration shall deploy only to
countries where the Philippine has conclude bilateral labor agreements or
arrangements: Provided, That such countries shall guarantee to protect the rights of
Filipino migrant workers; and Provided, further, That such countries shall observe
and/or comply with the international laws and standards for migrant workers."
Section 15. Sub-paragraph (b.2) of Paragraph (b) of Section 23 of Republic Act No.
8042, as amended, is hereby amended to read as follows:
"(b.2) Overseas Workers Welfare Administration. - The Welfare officer of in his absence,
the coordinating officer shall provide the Filipino migrant worker and his family all the
assistance they may need in the enforcement of contractual obligations by agencies or
entities and/or by their principals. In the performance of this function, he shall make
representation and may call on the agencies or entities concerned to conferences or
conciliation meetings for the purpose of settling the compliance or problems brought to
his attention. The OWWA shall likewise formulate and implement welfare programs for
overseas Filipino workers and their families while they are abroad and upon their return.
It shall ensure the awareness by the overseas Filipino workers and their families of
these programs and other related governmental programs.
"In the repatriation of workers to be undertaken by OWWA, the latter shall be authorized
to pay repatriation-related expenses, such as fines or penalties, subject to such
guidelines as the OWWA Board of Trustees may prescribe."
Section 16. Under Section 23 of Republic Act No. 8042, as amended, add new
paragraphs (c) and (d) with their corresponding subparagraphs to read as follows:
"(c) Department of Health. - The Department of Health (DOH) shall regulate the
activities and operations of all clinics which conduct medical, physical, optical, dental,
psychological and other similar examinations, hereinafter referred to as health
examinations, on Filipino migrant workers as requirement for their overseas
employment. Pursuant to this, the DOH shall ensure that:
" (c.1) The fees for the health examinations are regulated, regularly monitored and duly
published to ensure that the said fees are reasonable and not exorbitant;
" (c.2) The Filipino migrant worker shall only be required to undergo health examinations
when there is reasonable certainty that he or she will be hired and deployed to the
jobsite and only those health examinations which are absolutely necessary for the type
of job applied for or those specifically required by the foreign employer shall be
conducted;
" (c.3) No group or groups of medical clinics shall have a monopoly of exclusively
conducting health examinations on migrant workers for certain receiving countries;
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" (c.4) Every Filipino migrant worker shall have the freedom to choose any of the DOH-
accredited or DOH-operated clinics that will conduct his/her health examinations and
that his or her rights as a patient are respected. The decking practice, which requires an
overseas Filipino worker to go first to an office for registration and then farmed out to a
medical clinic located elsewhere, shall not be allowed;
" (c.5) Within a period of three (3) years from the effectivity of this Act, all DOH regional
and/or provincial hospitals shall establish and operate clinics that can be serve the
health examination requirements of Filipino migrant workers to provide them easy
access to such clinics all over the country and lessen their transportation and lodging
expenses and
" (c.6) All DOH-accredited medical clinics, including the DOH-operated clinics,
conducting health examinations for Filipino migrant workers shall observe the same
standard operating procedures and shall comply with internationally-accepted standards
in their operations to conform with the requirements of receiving countries or of foreign
employers/principals.
"Any Foreign employer who does not honor the results of valid health examinations
conducted by a DOH-accredited or DOH-operated clinic shall be temporarily disqualified
from the participating in the overseas employment program, pursuant to POEA rules
and regulations.
"In case an overseas Filipino worker is found to be not medically fit upon his/her
immediate arrival in the country of destination, the medical clinic that conducted the
health examination/s of such overseas Filipino worker shall pay for his or her
repatriation back to the Philippines and the cost of deployment of such worker.
"Any government official or employee who violates any provision of this subsection shall
be removed or dismissed from service with disqualification to hold any appointive public
office for five(5) years. Such penalty is without prejudice to any other liability which he or
she may have incurred under existing laws, rules or regulations.
"(d) Local Government Units. - In the fight against illegal recruitment, the local
government units (LGUs), in partnership with the POEA, other concerned government
agencies , and non-government organizations advocating the rights and welfare of
overseas Filipino workers, shall take a proactive stance by being primarily responsible
for the dissemination of information to their constituents on all aspects of overseas
employment. To carry out this task, the following shall be undertaken by the LGUs:
"(d.1) Provide a venue for the POEA, other concerned government agencies and non-
government organizations to conduct PEOS to their constituents on a regular basis;
"(d.2) Establish overseas Filipino worker help desk or kiosk in their localities with the
objective of providing current information to their constituents on all the processes
aspects of overseas employment. Such desk or kiosk shall, as be linked to the database
of all concerned government agencies, particularly the POEA for its updated lists of
overseas job orders and licensed recruitment agencies in good standing."
Section 17. Subparagraph ( c ) of Section of Republic Act No. 8042, as amended, is
hereby amended to read as follows:
"( c ) To tap the assistance of reputable law firms, the Integrated Bar of the Philippines,
other bar associations and other government legal experts on overseas Filipino worker
laws to complement the government's efforts to provide legal assistance to our migrant
workers;"
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read as follows:
"SEC. 25. Legal Assistance Fund. - There is herby established a legal assistance fund
for migrant workers, hereinafter referred to as the Legal Assistance Fund, in the amount
of one hundred million pesos (P100,000,000.00) to be constituted from the following
sources.
"Fifty million pesos (50,000,000.00) from the Contingency Fund of the President;
"Thirty million pesos (30,000,000.00) from the Contingency Fund of the President Social
Fund;
"Twenty million pesos (20,000,000.00) from the Welfare Fund for Overseas Workers
established under Letter of Instructions No. 537 as amended by Presidential Decree
Nos. 1694 and 1809; and
"An amount appropriated in the annual General Appropriations Act (GAA) which shall
not be less than Thirty million pesos (30,000,000.00) per year: Provided, that the
balance of the Legal Assistance Fund (LAF) including the amount appropriated for the
year shall not be less than One hundred million pesos (P100,000,000.00) : Provided,
further, That the fund shall be treated as a special fund in the National Treasury and its
balance, including the amount appropriated in the GAA, which shall form part of the
Fund, shall not revert to the General Fund.
" Any balances of existing funds which have been set aside by the government
specifically as legal assistance or defense fund to help migrant workers shall upon
effectivity of this Act, be turned over to, and form part of, the Fund created under this
Act."
read as follows:
"SEC. 26. Uses of the Legal Assistance Fund. - The Legal Assistance Fund created
under the preceding section shall be used exclusively6 to provide legal services to
migrant workers and overseas Filipinos in distress in accordance with the guidelines,
criteria and procedures promulgated in accordance with Section 24 ( a ) herof. The
expenditures to be charged against the Fund shall include the fees for the foreign
lawyers to be hired by the Legal Assistant for Migrant Workers Affairs to represent
migrant workers facing charges or in filing cases against erring or abusive employers
abroad, bail bonds to secure the temporary releases and other litigation
expenses: Provided, That at the end of every year, the Department of Foreign Affairs
shall include in its report to Congress, as provided for under Section 33 of this Act, the
status of the Legal Assistance Fund, including the expenditures from the said fund duly
audited by the Commission on Audit (COA): Provided, further, That the hiring of foreign
legal counsels, when circumstances warrant urgent action, shall be exempt from the
coverage of Republic Act No. 9184 or the Government Procurement Act."
read as follows:
"SEC. 32. POEA, OWWA and other Boards; Additional Memberships. - Notwithstanding
any provision of law to the contrary, the respective Boards of the POEA and the OWWA
shall, in addition to their present composition, have three (3) members each who shall
come from the women, sea-based and land-based sectors respectively, to be selected
and nominated openly by the general membership of the sector being represented.
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" The selection and nomination of the additional members from the women, sea-based
and land-based sectors shall be governed by the following guidelines:
"(a) The POEA and the OWWA shall launch a massive information campaign on the
selection of nominees and provide for a system of consultative sessions for the certified
leaders or representatives of the concerned sectors, at least three (3) times, within
ninety (90) days before the boards shall be convened, for purposes of selection. The
process shall be open, democratic and transparent;
"(b) Only non-government organizations that protect and promote the rights and welfare
of overseas Filipino workers, duly registered with the appropriate Philippine government
agency and in good standing as such, and in existence for at least three (3) years prior
to the nomination shall be qualified to nominate a representative for each sector to the
Board;
"(c) The nominee must be at least twenty-five (25) years of age, able to read and write,
and a migrant worker at the time of his or her nomination or was a migrant worker with
at least three (3) years experience as such; and
"(d) A final list of all the nominees selected by the OWWA/POEA governing boards,
which shall consist of three(3) names for each sector to be represented, shall be
submitted to the President and published in a newspaper of general circulation;
"Within thirty (30) days from the submission of the list, the President shall select and
appoint from the list, the representatives to the POEA/OWWA governing boards.
"The additional members shall have a term of three (3) years and shall be eligible for
reappointment for another three (3) years. In case of vacancy, the President shall in
accordance with the provisions of this Act, appoint a replacement who shall serve the
unexpired term of his or her predecessor.
"Any executive issuances or orders issued that contravene the provisions of this section
shall have no force and effect.
"All other government agencies and government-owned or controlled corporations
which require at least one (1) representative from the overseas workers sector to their
respective boards shall follow all the applicable provisions of this section."
Section 21. The first and last paragraph of Section 33 of Republic Act No. 8042, as
amended, is hereby amended to read as follows:
"SEC. 33. Report to Congress. - In order to inform the Philippine Congress on the
implementation of the policy enunciated in Section 4 hereof, the Department of Foreign
Affairs and the Department of Labor and Employment shall submit separately to the
said body a semi-annual report of Philippine foreign posts located in countries hosting
Filipino migrant workers. The mid-year report covering the period January to June shall
be submitted not later than October 31 of the same year while the year-end report
covering the period July to December shall be submitted not later than May 31 of the
following year. The report shall include, but shall not limited to, the following information:
"xxx
" Any officer of the government who fails to submit the report as stated in this section
shall be subject to an administrative penalty of dismissal from the service with
disqualification to hold any appointive public office for five (5) years."
read as follows:
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SEC. 35. Exemption from Travel Tax Documentary Stamp and Airport Fee. - All laws to
the contrary notwithstanding, the migrant workers shall be exempt from the payment of
travel tax and airport-fee upon proper showing of proof entitlement by the POEA.
"The remittances of all overseas Filipino workers, upon showing of the same proof of
entitlement by the overseas Filipino worker's beneficiary or recipient, shall be exempt
from the payment of documentary stamp tax.
Section 23. A new Section 37-A. of Replublic Act No. 8042, as amended, is hereby
added to read as follows:
"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 worker's employment
and shall cover, at the minimum:
"(a) Accidental death, with at least Fifteen thousand United States dollars
(US$10,000.00) survivor's benefit payable to the migrant worker's beneficiaries;
"(c) Permanent total disablement, with at least Seven thousand five hundred United
States dollars (US$7,500.00) 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(2) limbs at or above the ankles or wrists; permanent complete
paralysis of two (2) limbs; brain injury resulting to incurable imbecility or insanity;
"(d) Repatriation cost of the worker when his/her employment is terminated without any
valid cause, including the transport of his or her personal belongings. In case of death,
the insurance provider shall arrange and pay for the repatriation or return of the worker's
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;
"(e) Subsistence allowance benefit, with at least One hundred United States dollars
(US$100.00) Per month for a maximum of six (6) months for a migrant worker who is
involved in a case or litigation for the protection of his/her rights in the receiving country;
"(f) Money claims arising from employer's liability which may be awarded or given to the
worker in a judgment or settlement of his or her case in the NLRC. The insurance
coverage for money claims shall be equivalent to at least three (3) months for every
year of the migrant worker's employment contract;
"In addition to the above coverage, the insurance policy shall also include:
"(g) 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;
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"(h) Medical evacuation. When an adequate medical facility is not available proximate to
the migrant worker, as determined by the insurance company's physician and/or a
consulting physician, evacuation under appropriate medical supervision by the mode of
transport necessary shall be undertaken by the insurance provider; and
"(i) Medical repatriation. When medically necessary as determined by the attending
physician, repatriation under medical supervision to the migrant worker's residence shall
be undertaken by the insurance provider at such time that the migrant worker is
medically cleared for travel by commercial carrier. If the period to receive medical
clearance to travel exceeds fourteen (14) days from the date of discharge from the
hospital, an alternative appropriate mode of transportation, such as air ambulance, may
be arranged. Medical and non-medical escorts may be provided when necessary.
"Only reputable private insurance companies duly registered with the Insurance
Commission (IC) , which are in existence and operational for at least Five hundred
million pesos (P500,000,000.00) to be determined by the IC, and with a current year
certificate of authority shall be qualified to provide for the worker's insurance coverage.
Insurance companies who have directors, partners, officers, employees or agents with
relatives, within the fourth civil degree of consanguinity or affinity, who work or have
interest in any of the licensed recruitment/manning agencies or in any of the
government agencies involved in the overseas employment program shall be
disqualified from providing this workers' insurance coverage.
"The recruitment/manning agency shall have the right to choose from any of the
qualified insurance providers the company that will insure the migrant worker it will
deploy. After procuring such insurance policy, the recruitment/manning agency shall
provide an authenticated copy thereof to the migrant worker. It shall then submit the
certificate of insurance coverage of the migrant worker to POEA as a requirement for
the issuance of an Overseas Employment Certificate (OEC) to the migrant worker. In
the case of seafarers who are insured under policies issued by foreign insurance
companies, the POEA shall accept certificates or other proofs of cover from
recruitment/manning agencies: Provided, That the minimum coverage under sub-
paragraphs (a) to (i) are included therein.
"Any person having a claim upon the policy issued pursuant to subparagraphs (a), (b),
(c), (d) and (e) of this section shall present to the insurance company concerned a
written notice of claim together with pertinent supporting documents. The insurance
company shall forthwith ascertain the truth and extent of the claim and make payment
within ten (10) days from the filing of the notice of claim.
"Any claim arising from accidental death, natural death or disablement under this
section shall be paid by the insurance company without any contest and without the
necessity of providing fault or negligence of any kind on the part of the insured migrant
worker: Provided, That 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;
"For repatriation under subparagraph (d) hereof, a certification which states the
reason/s for the termination of the migrant worker's employment and the need for his or
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her repatriation shall be issued by the Philippine foreign post or the Philippine Overseas
Labor Office (POLO) located in the receiving country.
"For subsistence allowance benefit under subparagraph (e), the concerned labor
attaché or, in his absence, the embassy or consular official shall issue a certification
which states the name of the case, the names of the parties and the nature of the cause
of action of the migrant worker.
"For the payment of money claims under subparagraph (f), the following rules shall
govern:
"(1) After a decision has become final and executor or a settlement/compromise
agreement has been reached between the parties at the NLRC, an order shall be
released mandating the respondent recruitment/manning agency to pay the amount
adjudged or agreed upon within thirty (30) days;
"(2) The recruitment/manning agency shall then immediately file a notice of claim with
its insurance provider for the amount of liability insured, attaching therewith a copy of
the decision or compromise agreement;
"(3) Within ten (10) days from the filing of notice of claim, the insurance company shall
make payment to the recruitment/manning agency the amount adjudged or agreed
upon, or the amount of liability insured, whichever is lower. After receiving the insurance
payment, the recruitment/manning agency shall immediately pay the migrant worker's
claim in full, taking into account that in case the amount of insurance coverage is
insufficient to satisfy the amount adjudged or agreed upon, it is liable to pay the balance
thereof;
"(4) In case the insurance company fails to make payment within ten (10) days from the
filing of the claim, the recruitment/ manning agency shall pay the amount adjudged or
agreed upon within the remaining days of the thirty (30)-day period, as provided in the
first subparagraph hereof;
"(5) If the worker's claim was not settled within the aforesaid thirty (30)-day period, the
recruitment/manning agency's performance bond or escrow deposit shall be forthwith
garnished to satisfy the migrant worker's claim;
"(6) The provision of compulsory worker's insurance under this section shall not affect
the joint and solidary liability of the foreign employer and the recruitment/manning
agency under Section 10;
"(7) Lawyers for the insurance companies, unless the latter is impleaded, shall be
prohibited to appear before the NLRC in money claims cases under this section.
"Any question or dispute in the enforcement of any insurance policy issued under this
section shall be brought before the IC for mediation or adjudication.
"In case it is shown by substantial evidence before the POEA that the migrant worker
who was deployed by a licensed recruitment/manning agency has paid for the premium
or the cost of the insurance coverage or that the said insurance coverage was used as
basis by the recruitment/manning agency to claim any additional fee from the migrant
worker, the said licensed recruitment/manning agency shall lose its license and all its
directors, partners, proprietors, officers and employees shall be perpetually disqualified
from engaging in the business of recruitment of overseas workers. Such penalty is
without prejudice to any other liability which such persons may have incurred under
existing laws, rules or regulations.
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"For migrant workers recruited by the POEA on a government-to-government

arrangement, the POEA shall establish a foreign employers guarantee fund which shall
be answerable to the workers' monetary claims arising from breach of contractual
obligations. For migrant workers classified as rehires, name hires or direct hires, they
may opt to be covered by this insurance coverage by requesting their foreign employers
to pay for the cost of the insurance coverage or they may pay for the premium
themselves. To protect the rights of these workers, the POEA shall provide them
adequate legal assistance, including conciliation and mediation services, whether at
home or abroad.
"At the end of every year, the Department of Labor and Employment and the IC shall
jointly make an assessment of the performance of all insurance providers, based upon
the report of the NLRC and the POEA on their respective interactions and experiences
with the insurance companies, and they shall have the authority to ban or blacklist such
insurance companies which are known to be evasive or not responsive to the legitimate
claims of migrant workers. The Department of Labor and Employment shall include
such assessment in its year-end report to Congress.
"For purposes of this section, the Department of Labor and Employment, IC, NLRC and
the POEA, in consultation with the recruitment/manning agencies and legitimate non-
government organizations advocating the rights and welfare of overseas Filipino
workers, shall formulate the necessary implementing rules and regulations.
"The foregoing provisions on compulsory insurance coverage shall be subject to
automatic review through the Congressional Oversight Committee immediately after
three (3) years from the effectivity of this Act in order to determine its efficacy in favor of
the covered overseas Filipino workers and the compliance by recruitment/manning
agencies and insurance companies, without prejudice to an earlier review if necessary
and warranted for the purpose of modifying, amending and/or repealing these subject
provisions.
Section 24. A new Section 37-B of Republic Act No. 8042, as amended, is hereby
added to read as follows:
"Sec. 37-B. Congressional Oversight Committee. - There is hereby created a Joint
Congressional Oversight Committee composed of five (5) Senators and five (5)
Representatives to be appointed by the Senate President and the Speaker of the House
of Representatives, respectively. The Oversight Committee shall be co-chaired by the
chairpersons of the Senate Committee on Labor and Employment and the House of
Representatives Committee on Overseas Workers Affairs. The Oversight Committee
shall have the following duties and functions:
"(a) To set the guidelines and overall framework to monitor and ensure the proper
implementation of Republic Act No. 8042, as amended, as well as all programs, projects
and activities related to overseas employment;
"(b) To ensure transparency and require the submission of reports from concerned
government agencies on the conduct of programs, projects and policies relating to the
implementation of Republic Act No. 8042, as amended;
"(c) To approve the budget for the programs of the Oversight Committee and all
disbursements therefrom, including compensation of all personnel;
"(d) To submit periodic reports to the President of the Philippines and Congress on the
implementation of the provisions of Republic Act No. 8042, as amended;
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"(e) To determine weaknesses in the law and recommend the necessary remedial
legislation or executive measures; and
"(f) To perform such other duties, functions and responsibilities as may be necessary to
attain its objectives.
"The Oversight Committee shall adopt its internal rules of procedure, conduct hearings
and receive testimonies, reports, and technical advice, invite or summon by
subpoena ad testificandum any public official or private citizen to testify before it, or
require any person by subpoena duces tecum documents or other materials as it may
require consistent with the provisions of Republic Act No. 8042, as amended.
"The Oversight Committee shall organize its staff and technical panel, and appoint such
personnel, whether on secondment from the Senate and the House of Representatives
or on temporary, contractual, or on consultancy, and determine their compensation
subject to applicable civil service laws, rules and regulations with a view to ensuring a
competent and efficient secretariat.
"The members of the Oversight Committee shall not receive additional compensation,
allowances or emoluments for services rendered thereto except traveling, extraordinary
and other necessary expenses to attain its goals and objectives.
"The Oversight Committee shall exist for a period of ten (10) years from the effectivity of
this Act and may be extended by a joint concurrent resolution."
Section 25. Implementing Rules and Regulations. - The departments and agencies
charged with carrying out the provisions of this Act, except as otherwise provided
herein, in consultation with the Senate Committee on Labor and Employment and the
House of Representatives Committee on Overseas Workers Affairs, shall, within sixty
(60) days after the effectivity of this Act, formulate the necessary rules and regulations
for its effective implementation.
Section 26. Funding. - The departments, agencies, instrumentalities, bureaus, offices
and government-owned and controlled corporations charged with carrying out the
provisions of this Act shall include in their respective programs the implementation of
this Act, the funding of which shall be included in the General Appropriations Act. The
Congressional Oversight Committee on Overseas Workers Affairs shall have the sum of
Twenty-five million pesos (P25,000,000.00), half of which shall be charged against the
current appropriations of the Senate while the other half shall be charged against the
current appropriations of the House of Representatives, to carry out its powers and
functions for its initial operations and for fiscal years wherein the General Appropriations
Act is reenacted and no provision for its continued operation is included in such Act.
Thereafter, such amount necessary for its continued operations shall be included in the
annual General Appropriations Act.
Section 27. Separability Clause. - If, for any reason, may portion of this Act is declared
unconstitutional or invalid, the same shall not affect the validity of the other provisions
not affected thereby.
Section 28. Repealing Clause. - All laws, decrees, executive orders, issuances, rules
and regulations or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.
Section 29. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
at least two (2) newspapers of general circulation.
Approved,
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(Sgd.) PROSPERO C. NOGRALES (Sgd.) JUAN PONCE ENRILE

Speaker of the House of President of the Senate
Representatives
This Act which is a consolidation of Senate Bill No. 3286 and House Bill No. 5649 was
finally passed by the Senate and the House of Representatives on January 18, 2010
and December 18, 2009, respectively.
(Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES

Secretary General Secretary of Senate
House of Represenatives
Approved: March 8, 2010
(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines
The Lawphil Project - Arellano Law Foundation
OMNIBUS RULES AND REGULATIONS IMPLEMENTING THE MIGRANT

WORKERS AND OVERSEAS FILIPINOS ACT OF 1995, AS AMENDED BY
REPUBLIC ACT NO. 10022
Pursuant to the authority vested by law on the Secretary of Foreign Affairs and the
Secretary of Labor and Employment, and in the light of Republic Act No. 10022, An Act
Amending Republic Act No. 8042, Otherwise Known as the Migrant Workers and
Overseas Filipinos Act of 195, 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 Purpose, the following Implementing
Rules and Regulations are hereby promulgated:
RULE I
GENERAL PROVISIONS
Section 1. Declaration of Policies.
(a) In the pursuit of an independent foreign policy and while considering national
sovereignty, territorial integrity, national interest and the right to self-determination
paramount in its relations with other states, the State shall, at all times, uphold the
dignity of its citizens whether in the country or overseas, in general, and Filipino migrant
workers, in particular, continuously monitor international conventions, adopt/be
signatory to and ratify those that guarantee protection to our migrant workers, and
endeavor to enter into bilateral agreements with countries hosting overseas Filipino
workers.
(b) 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. Towards this end, the State shall provide adequate and timely social, economic and
legal services to Filipino migrant workers.
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(c) While recognizing the significant contribution of Filipino migrant workers to the
national economy through their foreign exchange remittances, the State does not
promote overseas employment as a means to sustain economic growth and achieve
national development. The existence of the overseas employment program rests solely
on the assurance that the dignity and fundamental human rights and freedoms of the
Filipino citizens shall not, at any time, be compromised or violated. The State, therefore,
shall continuously create local employment opportunities and promote the equitable
distribution of wealth and the benefits of development.
(d) The State affirms the fundamental equality before the law of women and men and
the significant role of women in nation building. Recognizing the contribution of
overseas migrant women workers and their particular vulnerabilities, the State shall
apply gender sensitive criteria in the formulation and implementation of policies and
programs affecting migrant workers and the composition of bodies tasked for the
welfare of migrant workers.
(e) 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.
(f) The right of Filipino migrant workers and all overseas Filipinos to participate in the
democratic decision-making processes of the State and to be represented in institutions
relevant to overseas employment is recognized and guaranteed.
(g) The State recognizes that the most effective tool for empowerment is the possession
of skills by migrant workers. The government shall expand access of qualified migrant
workers to free skills development and enhancement programs through scholarships,
training subsidies/grants of the concerned agencies. Pursuant to this and as soon as
practicable, the government shall deploy and/or allow the deployment only of skilled
Filipino workers.
(h) The State recognizes that non-governmental organizations, trade unions, workers
associations, stakeholders and other similar entities duly recognized as legitimate, are
partners of the State in the protection of Filipino migrant workers and in the promotion of
their welfare. The State shall cooperate with them in a spirit of trust and mutual respect.
The significant contribution of recruitment and manning agencies shall form part of this
partnership.
RULE II
DEFINITION OF TERMS
Section 1. Definitions.
(a) Act - refers to the "Migrant Workers and Overseas Filipinos Act of 1995," as
amended by Republic Act No. 9422 and Republic Act No. 10022.
(b) Authority - refers to a document issued by the Secretary of Labor and Employment
authorizing the officers, personnel, agents or representatives of a licensed
recruitment/manning agency to conduct recruitment and placement activities in a place
stated in the license or in a specified place.
(c) BI - Bureau of Immigration
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(d) Bona fide Non-Government Organizations (NGOs) - refer to non-government, civil

society or faith-based organizations duly recognized by the Philippine Embassy as
active partners of the Philippine Government in the protection of Filipino migrant
workers and the promotion of their welfare.
(e) CICT - Commission on Information and Communications Technology
(f) Contracted workers - refer to Filipino workers with employment contracts already
processed by the POEA for overseas deployment.
(g) DFA - Department of Foreign Affairs
(h) DILG - Department of Interior and Local Government
(i) Direct Hires - workers directly hired by employers for overseas employment as
authorized by the Secretary of Labor and Employment and processed by the POEA,
including:
1. Those hired by international organizations
2. Those hired members of the diplomatic corps.
3. Name hires or workers who are able to secure overseas employment opportunity with
an employer without the assistance or participation of any agency. [Labor Code, POEA
Rules]
(j) DOH - Department of Health
(k) DOJ - Department of Justice
(l) DOLE - Department of Labor and Employment
(m) DOST - Department of Science and Technology
(n) DOT - Department of Tourism
(o) Employment Contract - refers to the following:
1. For land-based workers hired by private recruitment/employment agencies - an
individual written agreement between the foreign principal/employer and the worker
based on the master employment contract approved by the Administration; and
2. For seafarers - written standard POEA-approved employment contract stipulating a
specific period of employment and formulated through tripartite consultation, individually
adopted and agreed upon by the principal/employer and the seafarer.
(p) Filipino Service Contractor - refers to any person, partnership or corporation duly
licensed as a private recruitment agency by the Secretary of Labor and Employment to
recruit workers for its accredited projects or contracts overseas.
(q) Gender Sensitivity - refers to cognizance of the inequalities and inequities prevalent
in society between women and men and a commitment to address issues with concern
for the respective interest of the sexes.
(r) Head or manage - refers to any of the following acts:
1. Control and supervise the operations of the recruitment/manning agency or branch
thereof of which they are employed; or
2. Exercise the authority to hire or fire employees and lay down and execute
management policies of the recruitment/manning agency or branch thereof.
(s) Joint and several liability - refers to the liability of the principal/employer and the
recruitment/manning agency, for any and all claims arising out of the implementation of
the employment contract involving Filipino workers for overseas deployment. If the
recruitment/manning agency is a juridical being, the corporate officers and directors and
partners, as the case may be, shall themselves be jointly and severally liable with the
corporation or partnership for the aforesaid claims and damages.
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(t) IC - Insurance Commission

(u) Irregular/Undocumented Filipino migrant workers - refer to the following:
(1) Those who acquired their passports through fraud or misrepresentation;
(2) Those who possess expired visas or permits to stay;
(3) Those who have no travel document whatsoever;
(4) Those who have valid but inappropriate visas; or
(5) Those whose employment contracts were not processed by the POEA or
subsequently verified and registered on-site by the POLO, if required by law or
regulation.
(v) Labor Code - Presidential Decree No. 442, as amended
(w) License - refers to the document issued by the Secretary of Labor and Employment
authorizing a person, partnership or corporation to operate a private
recruitment/manning agency.
(x) LGU - Local Government Unit
(y) Manning Agency - refers to any person, partnership or corporation duly licensed by
the Secretary of Labor and Employment to engage in the recruitment and placement of
seafarers for ships plying international waters and for related maritime activities.
(z) NBI- National Bureau of Investigation
(aa) NCC- National Computer Center
(bb) NLRC - National Labor Relations Commission
(cc) Non-licensee - refers to any person, partnership or corporation with no valid license
to engage in recruitment and placement of overseas Filipino workers or whose license
is revoked, cancelled, terminated, expired or otherwise delisted from the roll of licensed
recruitment/manning agencies registered with the POEA.
(dd) NRCO - National Reintegration Center for Overseas Filipino Workers
(ee) NSCB - National Statistical and Coordination Board
(ff) NSO - National Statistics Office
(gg) NTC - National Telecommunications Commission
(hh) Overseas Filipinos - refer to migrant workers, other Filipino nationals and their
dependents abroad.
(ii) Overseas Filipino in distress - refers to an Overseas Filipino who has a medical,
psycho-social or legal assistance problem requiring treatment, hospitalization,
counseling, legal representation as specified in Rule IX of these Rules or any other kind
of intervention with the authorities in the country where he or she is found.
(jj) Overseas Filipino Worker or Migrant Worker - refers to a person who is to be
engaged, is engaged, or has been engaged in a remunerated activity in a state of which
he or she is not a citizen or on board a vessel navigating the foreign seas other than a
government ship used for military or non-commercial purposes, or on an installation
located offshore or on the high seas. A "person to be engaged in a remunerated
activity" refers to an applicant worker who has been promised or assured employment
overseas.
(kk) OWWA - Overseas Workers Welfare Administration
(ll) Placement Fees- refer to any and all amounts charged by a private recruitment
agency from a worker for its recruitment and placement services as prescribed by the
Secretary of Labor and Employment.
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(mm) POEA - Philippine Overseas Employment Administration, shall be used

interchangeably with the term "Administration".
(nn) POLO - Philippine Overseas Labor Office
(oo) Principal - refers to an employer or foreign placement agency hiring or engaging
Filipino workers for overseas employment through a licensed private
recruitment/manning agency.
(pp) Private Recruitment/Employment Agency - refers to any person, partnership or
corporation duly licensed by the Secretary of Labor and Employment to engage in the
recruitment and placement of workers for overseas employment for a fee which is
charged, directly or indirectly, from the workers who renewed their employment
contracts with the same principal.
(qq) Rehires - refer to land-based workers who renewed their employment contracts
with the same principal.
(rr) Regular/Documented Filipino Migrant Workers - Refer to the following:
(1) Those who possess valid passports and appropriate visas or permits to stay and
work in the receiving country; and
(2) Those whose contracts of employment have been processed by the POEA, or
subsequently verified and registered on-site by the POLO, if required by law or
regulation.
(ss) Seafarer - refers to any person who is employed or engaged in overseas
employment in any capacity on board a ship other than a government ship used for
military or non-commercial purposes. The definition shall include fishermen, cruise ship
personnel and those serving on mobile offshore and drilling units in the high seas.
(tt) Skilled Filipino Workers - refer to those who have obtained an academic degree,
qualification, or experience, or those who are in possession of an appropriate level of
competence, training and certification, for the job they are applying, as may be
determined by the appropriate government agency.
(uu) TESDA - Technical Education and Skills Development Authority
(vv) Underage Migrant Workers - refers to those who are below 18 years or below the
minimum age requirement for overseas employment as determined by the Secretary of
Labor and Employment.
RULE III
DEPLOYMENT OF MIGRANT WORKERS
Section 1. Guarantees of Migrant Workers Rights. The State shall allow the deployment
of OFWs only in countries where the rights of Filipino migrant workers are protected.
The government recognizes any of the following as a guarantee on the part of the
receiving country for the protection of the rights of OFWs:
(a) It has existing labor and social laws protecting the rights of workers, including
migrant workers; or
(b) It is a signatory to and/or a of multilateral conventions, declarations or resolutions
relating to the protection of workers including migrant workers; or and
(c) It has concluded a bilateral agreement or arrangement with the government on the
protection of the rights of overseas Filipino Workers;
Provided, that the receiving country is taking positive and concrete measures to protect
the rights of migrant workers in furtherance of any of the guarantees under
subparagraphs (a), (b), and (c) hereof.
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"Positive and concrete measures" shall include legislative or executive initiatives,

diplomatic negotiations, judicial decisions, programs, projects, activities and such other
acts by the receiving country aimed at protecting the rights of migrant workers.
For purposes of the preceding paragraphs, the DFA shall issue a certification that a
receiving country complies with any of the guarantees under subparagraphs (a), (b),
and (c) hereof, and that the receiving country is taking such positive and concrete
measures to protect workers, including migrant workers. The DFA shall issue such
certification to the POEA, specifying therein the pertinent provisions of the receiving
country's labor/social law, or the convention/declaration/resolution, or the bilateral
agreement/arrangement which protect the rights of migrant workers. Such a certification
shall be subject to review by the DFA as often as may be deemed necessary.
The POEA Governing Board shall, in a Resolution, allow only the deployment of OFWs
to receiving countries which have been certified by the DFA as compliant with the above
stated guarantees.
The POEA shall register OFWs only for receiving countries allowed by the POEA
Governing Board, subject to existing standards on accreditation of foreign
employers/principals and qualification requirements for workers.
Section 2. Liability of the Members of the POEA Governing Board, Government
Officials and Employees. The members of the POEA Governing Board who actually
voted in favor of a Resolution allowing the deployment of migrant workers without the
DFA certification referred to in the preceding section shall suffer the penalties of
removal or dismissal from service with disqualification to hold any appointive public
office for five (5) years. Further, the government official or employee responsible for the
issuance of the permit or for allowing the deployment of migrant workers in violation of
this section and in direct contravention of a resolution by the POEA Governing Board
prohibiting deployment shall be meted the same penalties in this section.
Section 3. Deployment of OFWs to Ocean-Going Ships.
The State shall also allow the deployment of OFWs to ships navigating the foreign seas
or to installations located offshore or on high seas whose owners/employers are
compliant with international laws and standards that protect the rights of migrant
workers.
Section 4. Deployment to Companies and Contractors with International
Operations. The State shall likewise allow the deployment of OFWs to companies and
contractors with international operations: Provided, That they are compliant with
standards, conditions and requirements, as embodied in the employment contracts
prescribed by the POEA and in accordance with internationally-accepted standards.
Section 5. Deployment of Skilled Workers.
As soon as adequate mechanisms for determination of skills are in place and consistent
with national interest, the Secretary of Labor and Employment shall allow the
deployment only of skilled Filipino workers.
Section 6. Termination or Ban on Deployment.
Notwithstanding the provisions of Sections 1 and 5 of this Rule, in pursuit of the national
interest or when public welfare so requires, the POEA Governing Board, after
consultation with the DFA, may, at any time, terminate or impose a ban on the
deployment of migrant workers.
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The POEA Governing Board may, after consultation with the DFA, grant exceptions to
the ban or lift the ban.
Section 7. Travel Advisory.
The DFA shall issue travel advisories as the need arises. A "travel advisory" is a notice
to the travelling public normally for a security reason and based on the prevailing peace
and order situation in a specific destination.
Section 8. Labor Situationer. The POEA, in consultation with the DFA, shall
disseminate information on labor and employment conditions, migration realities and
other facts, as well as adherence of particular countries to international standards on
human and workers rights which will adequately prepare individuals into making
informed and intelligent decisions about overseas employment. The POEA shall
publish, in a timely manner, such advisory in a newspaper of general circulation.
The POEA may undertake other programs or resort to other modes of information and
dissemination campaigns, such as the conduct of nationwide, comprehensive and
sustainable Pre-Employment Orientation Seminars.
RULE IV
ILLEGAL RECRUITMENT
Section 1. Definition. For purposes of the Act, illegal recruitment shall mean any act of
canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers
and includes referring, contract services, promising or advertising for employment
abroad, whether for profit or not, when undertaken by a non-licensee or non-holder of
authority contemplated under Article 13(f) of Presidential Decree No. 442, as amended,
otherwise known as the Labor Code of the Philippines: Provided, That any such non-
licensee or non-holder who, in any manner, offers or promises for a fee employment
abroad to two or more persons shall be deemed so engaged. It shall likewise include
the following acts, whether committed by any person, whether a non-licensee, non-
holder, licensee or holder of authority:
(a) To charge or accept directly or indirectly any amount greater than that specified in
the schedule of allowable fees prescribed by the Secretary of Labor and Employment,
or to make a worker pay or acknowledge any amount greater than that actually received
by him as a loan or advance;
(b) To furnish or publish any false notice or information or document in relation to
(c) To give any false notice, testimony, information or document or commit any act of
Code, or for the purpose of documenting hired workers with the POEA, which include
the act of reprocessing workers through a job order that pertains to non-existent work,
work different from the actual overseas work, or work with a different employer whether
registered or not with the POEA;
(d) To induce or attempt to induce a worker already employed to quit his employment in
order to offer him another unless the transfer is designed to liberate a worker from
oppressive terms and conditions of employment;
(e) To influence or attempt to influence any person or entity not to employ any worker
who has not applied for employment through his agency or who has formed, joined or
supported, or has contacted or is supported by any union or workers' organization;
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(f) To engage in the recruitment or placement of workers in jobs harmful to public health
or morality or to the dignity of the Republic of the Philippines;
(g) To obstruct or attempt to obstruct inspection by the Secretary of Labor and
Employment or by his duly authorized representative;
(h) To fail to submit reports on the status of employment, placement vacancies,
other matters or information as may be required by the Secretary of Labor and
Employment;
(i) To substitute or alter to the prejudice of the worker, employment contracts approved
and verified by the Department of Labor and Employment from the time of actual
signing thereof by the parties up to and including the period of the expiration of the
same without the approval of the Department of Labor and Employment;
(j) For an officer or agent of a recruitment or placement agency to become an officer or
member of the Board of any corporation engaged in travel agency or to be engaged
directly or indirectly in the management of a travel agency;
(k) To withhold or deny travel documents from applicant workers before departure for
authorized under the Labor Code and its implementing Rules and Regulations;
(l) Failure to actually deploy a contracted worker without valid reason as determined by
the Department of Labor and Employment;
(m) Failure to reimburse expenses incurred by the worker in connection with his
deployment does not actually take place without the worker's fault; and
(n) To allow a non-Filipino citizen to head or manage a licensed recruitment/manning
agency.
Section 2. Crime Involving Economic Sabotage. Illegal recruitment is deemed
committed by a syndicate if carried out by a group of three (3) or more persons
conspiring or confederating with one another. It is deemed committed in large scale if
committed against three (3) or more persons individually or as a group.
Section 3. Other Prohibited Acts. In addition to the acts enumerated above, it shall also
be unlawful for any person or entity to commit the following prohibited acts:
a. Grant a loan to an OFW with interest exceeding eight (8%) percent per annum, which
will be used for payment of legal and allowable placement fees and make the migrant
worker issue, either personally or through a guarantor or accommodation party,
postdated checks in relation to the said loan;
b. Impose a compulsory and exclusive arrangement whereby an OFW is required to
avail of a loan only from specifically designated institutions, entities, or persons;
c. Refuse to condone or renegotiate a loan incurred by an OFW after the latter's
employment contract has been prematurely terminated through no fault of his / her own;
d. Impose a compulsory an exclusive arrangement whereby an OFW is required to
undergo health examinations only from specifically designated medical clinics,
institutions, entities or persons, except in the case of a seafarer whose medical
examination cost is shouldered by the principal/shipowner;
e. Impose a compulsory and exclusive arrangement whereby an OFW is required to
undergo training, seminar, instruction or schooling of any kind only from specifically
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designated institutions, entities or persons, except for recommendatory training

mandated by principals/shipowners where the latter shoulder the cost of such trainings;
f. For a suspended recruitment/manning agency to engage in any kind of recruitment
activity including the processing of pending workers' applications;
g. For a recruitment/manning agency or a foreign principal/employer to pass-on to the
OFW or deduct from his/her salary the payment of the cost of insurance fees, premium
or other insurance related charges, as provided under the compulsory worker's
insurance coverage.
Section 4. Persons Responsible.
The persons criminally liable for the above offenses are the principals, accomplices and
accessories. In case of juridical persons, the officers having ownership, control,
management or direction of their business and the responsible for the commission of
the offense and the responsible employees/agents thereof shall be liable.
Section 5. Penalties.
(a) Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment
of not less than twelve (12) years and one (1) day but not more than twenty (20) years
and a fine of not less than One million pesos (P1,000,000.00) nor more than Two Million
Pesos (P2,000,000.00).
(b) The penalty of life imprisonment and a fine of not less than Two Million Pesos
(P2,000,000.00) nor more than Five Million Pesos (P5,000,000.00) shall be imposed if
illegal recruitment constitutes economic sabotage as defined therein.
Provided, however, That the maximum penalty shall be imposed if the person illegally
recruited is less than eighteen (18) years of age or committed by a non-licensee or non-
holder of authority.
(c) Any person found guilty of any of the prohibited acts shall suffer the penalty of
imprisonment of not less than six (6) years and one (1) day but not more than twelve
(12) years and a fine of not less than Five Hundred Thousand Pesos (P500,000.00) nor
more than One million pesos (P1,000,000.00).
If the offender is an alien, he or she shall, in addition to the penalties herein prescribed,
be deported without further proceedings.
In every case, conviction shall cause and carry the automatic revocation of the license
or registration of the recruitment/manning agency, lending institutions, training school or
medical clinic.
Section 6. Venue. A criminal action arising from illegal recruitment as defined under this
Rule shall be filed with the Regional Trial Court of the province or city where the offense
was committed or where the offended party actually resides at the time of the
commission of the offense; Provided, that the court where the criminal action is first filed
shall acquire jurisdiction to the exclusion of other courts.
Section 7. Prescription. Illegal recruitment cases under this Rule shall prescribe in five
(5) years; Provided, however, that illegal recruitment cases involving economic
sabotage shall prescribed in twenty (20) years.
Section 8. Independent Action. The filing of an offense punishable under this section
shall be without prejudice to the filing of cases punishable under other existing laws,
rules or regulations.
RULE V
PROHIBITION OF GOVERNMENT PERSONNEL
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Section 1. Disqualification. The following personnel shall be prohibited from engaging

directly or indirectly in the business of recruitment of migrant workers;
(a) Any official or employee of the DOLE, POEA, OWWA, DFA, DOJ, DOH, BI, IC,
NLRC, TESDA, CFO, NBI, Philippine National Police (PNP), Manila International Airport
Authority (MIAA), Civil Aviation Authority of the Philippines (CAAP), and other
government agencies involved in the implementation of the Act, regardless of the status
of his/her employment; and
(b) Any of his/her relatives within the fourth civil degree of consanguinity or affinity.
Any government official or employee found to be violating this section shall be charged
administratively, according to Civil Service Rules and Regulations without prejudice to
criminal prosecution.
The government agency concerned shall monitor and initiate, upon its initiative or upon
the petition of any private individual, action against erring officials and employees,
and/or their relatives.
RULE VI
ANTI-ILLEGAL RECRUITMENT PROGRAMS
Section 1. POEA Anti-Illegal Recruitment Programs. The POEA adopts policies and
procedures, prepares and implements intensified programs
And strategies towards the eradication of illegal recruitment activities such as, but not
limited to the following:
(a) Providing legal assistance to victims of illegal recruitment and related cases which
are administrative or criminal in nature, such as but not limited to documentation and
counseling.
(b) Prosecution of illegal recruiters, during preliminary investigation and during trial in
collaboration with the DOJ prosecutors;
(c) Special operations such as surveillance and closure of establishment or entities
suspected to be engaged in illegal recruitment; and
(d) Information and education campaign.
Whenever necessary, the POEA shall coordinate with other appropriate entities in the
implementation of said programs.
Section 2. Legal Assistance.
The POEA shall provide free legal service to victims of illegal recruitment and related
cases which are administrative or criminal in nature in the form of legal advice,
assistance in the preparation of complaints and supporting documents, institution of
criminal actions.
Section 3. Receiving of Complaints for Illegal Recruitment.
Victims of illegal recruitment and related cases which are administrative or criminal in
nature may file with the POEA a report or complaint in writing and under oath for
assistance purposes.
In regions outside the National Capital Region, complaints and reports involving illegal
recruitment may be filed with the appropriate regional office of the POEA or DOLE.
Section 4. Endorsement of Case to the Proper Prosecution Office. The POEA, after
evaluation and proper determination that sufficient evidence exists for illegal recruitment
and other related cases, shall endorse the case to the proper Prosecution Office for the
conduct of preliminary investigation.
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During preliminary investigation, the complainant may avail of legal assistance or

counseling from the POEA.
Section 5. Institution of Criminal Action. The Secretary of Labor and Employment, the
POEA Administrator or the DOLE Regional Director, or their duly authorized
representatives, or any aggrieved person, may initiate the corresponding criminal action
with the appropriate office.
Section 6. Affidavits and Testimonies of Operatives. Affidavits and testimonies of
operatives or personnel from the DOLE, POEA and law enforcement agencies who
witnessed the acts constituting the offense shall be sufficient basis to prosecute the
accused.
Section 7. Legal Assistance During Trial. In the prosecution of offenses punishable
under Section 6 of the Act, the Anti-Illegal Recruitment Branch of the POEA shall
collaborate with the public prosecutors of the DOJ and, in certain cases, allow the
POEA lawyers to take the lead in prosecution.
Section 8. Special Allowance for Lawyers of the Prosecution Division. The POEA
lawyers who act as special counsels during preliminary investigation and/or as
collaborating attorneys of the public prosecutors of the DOJ during court hearings shall
be entitled to receive additional allowances in such amounts as may be determined by
the Administrator.
Section 9. Action on the Complaint/Report.
Where the complaint/report alleges that illegal recruitment activities are ongoing,
surveillance shall be undertaken at the premises where the alleged illegal recruitment
activities are conducted. If illegal recruitment activities are confirmed, the POEA Director
of the Licensing and Regulation Office (LRO) shall recommend to the POEA
Administrator the institution of criminal action and/or the issuance of a closure order or
order of preventive suspension.
Section 10. Surveillance. The POEA and/or designated officials in the DOLE regional
offices may, on their own initiative, conduct surveillance on the alleged illegal
recruitment activities.
Within two (2) days from the termination of surveillance, a report supported by an
affidavit shall be submitted to the Director-LRO or the Regional Director concerned, as
the case may be.
Section 11. Issuance of Closure Order. The POEA Administrator or the concerned
DOLE Regional Director may conduct an ex parte preliminary examination to determine
whether the activities of a non-licensee constitute a danger to national security and
public order or will lead to further exploitation of job seekers. For this purpose, the
POEA Administrator or the Regional Director concerned or their duly authorized
representatives, may examine personally the complainants and/or their witnesses in the
form of searching questions and answers and shall take their testimony under oath. The
testimony of the complainants and/or witnesses shall be reduced in writing and signed
by them and attested by an authorized officer.
If based on a surveillance report, or preliminary examination of the complainants, the
POEA Administrator or DOLE Regional Director, or their authorized representative is
satisfied that such danger or exploitation exists, a written order may shall be issued by
the POEA Administrator or DOLE Regional Director, or their authorized representative
is satisfied that such danger or exploitation exists, a written order shall be issued by the
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POEA Administrator for the closure of the establishment being used for illegal
recruitment activity.
In case of a business establishment whose license or permit to operate a business was
issued by the local government, the Secretary of Labor and Employment, the POEA
Administrator or the Regional Director concerned shall likewise recommend to the
granting authority the immediate cancellation/revocation of the license or permit to
operate its business.
Section 12. Implementation of Closure Order. A closure order shall be served upon the
offender or the person in charge of the subject establishment. The closure shall be
effected by sealing and padlocking the establishment and posting of notice of such
closure in bold letters at a conspicuous place in the premises of the establishment.
Whenever necessary, the assistance and support of the appropriate law enforcement
agencies may be requested for this purpose.
Section 13. Report on Implementation. A report on the implementation of the closure
order executed under oath, stating the details of the proceedings undertaken shall be
submitted to the Director-LRO or the Regional Director concerned, as the case may be,
within two (2) days from the date of implementation.
Section 14. Institution of Criminal Action Upon Closure Order. The POEA Administrator
or the DOLE Regional Director, or their duly authorized representatives, or any law
enforcement agencies or any aggrieved person may initiate the corresponding criminal
action with the appropriate prosecutor's office.
Section 15. Effect of Closure Order.
All officers and responsible employees of the entity engaged in illegal recruitment
activities shall be ordered included in the List of Persons with Derogatory Record and
be disqualified/barred from participating in the overseas employment program of the
government.
Section 16. Who May File a Motion to Reopen the Establishment. The motion to re-
open may be filed only by the following:
(a) The owner of the building or his/her duly authorized representative;
(b) The building administrator or his/her duly authorized representative;
(c) Any other person or entity legitimately operating within the premises
closed/padlocked whose operations/activities are distinct from the recruitment activities
of the person/entity subject of the closure order.
Section 17. Grounds for Reopening the Establishment.
(a) That the office is not the subject of the closure order;
(b) That the contract of lease with the owner of the building or the building administrator
has already been cancelled or terminated. The request to re-open shall be duly
supported by an affidavit of undertaking either of the owner of the building or the
building administrator that the same will not be leased/rented to any other person/entity
for recruitment purposes without the necessary license from the POEA;
(c) That the office is shared by a person/entity not involved in illegal recruitment
activities, whether directly or indirectly; or
(d) Any other analogous ground that the POEA may consider as valid and meritorious.
Section 18. Motion to Lift a Closure Order. A motion to lift a closure order which has
already been implemented may be entertained only when filed with the Licensing and
Regulation Office (LRO) within ten (10) calendar days from the date of implementation.
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The motion shall be verified and shall clearly state the grounds upon which it is based,
attaching supporting documents. A motion to lift which does not conform to the
requirements herein set forth shall be denied.
Section 19. Who May File Motion to Lift a Closure Order. The verified motion to lift
closure order may be filed only by the person or entity against whom the closure order
was issued and implemented or a duly authorized representative.
Section 20. Grounds for Lifting A Closure Order. Lifting of the closure order may be
granted on any of the following grounds:
(a) The person/entity is later found out or has proven that it is not involved in illegal
recruitment activities, whether directly or indirectly; or
(b) Any other analogous ground that the POEA may consider as valid and meritorious.
Lifting of a closure order is without prejudice to the filing of criminal complaints with the
appropriate office against the person alleged to have conducted illegal recruitment
activities.
Section 21. Appeal.
The order of the POEA Administrator denying the motion to lift a closure order and/or
motion to re-open may be appealed to the Secretary of Labor and Employment within
ten (10) days from receipt thereof.
Section 22. Monitoring of Establishments. The POEA shall monitor establishments that
are subject of closure orders.
Where a re-opened office is subsequently confirmed as still being used for illegal
recruitment activities, a new closure order shall be issued which shall not be subject to a
motion to lift.
Section 23. Pre-Employment Orientation Seminar (PEOS). The POEA shall strengthen
its comprehensive Pre-Employment Orientation Program through the conduct of
seminars that will discuss topics such as legal modes of hiring for overseas
employment, rights, responsibilities and obligations of migrant workers, health issues,
prevention and modus operandi of illegal recruitment and gender sensitivity.
The POEA shall inform migrant workers not only of their rights as workers but also of
their rights as human beings, instruct and guide the workers how to assert their rights
and provide the available mechanism to redress violation of their rights.
Section 24. Partnership with LGUs, other Government Agencies and NGOs. The POEA
shall maintain and strengthen its partnership with LGUs, other government agencies
and NGOs advocating the rights and welfare of OFWs for the purpose of dissemination
of information on all aspects of overseas employment.
For this purpose, the POEA shall continuously provide the concerned entities with
updated lists of licensed agencies and entities and information materials such as
brochures, pamphlets, posters as well as recent anti-illegal recruitment laws and
regulations for distribution to their respective constituents.
RULE VII
MONEY CLAIMS
Section 1. Jurisdiction of Labor Arbiters. Notwithstanding any provision of law to the
contrary, 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
compliant, the claims arising out of an employer-employee relationship or by virtue of
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any law or contract involving Filipino workers for overseas deployment including claims
for actual, moral, exemplary and other forms of damages.
Section 2. Updates in the Global Services Industry.
Consistent with the mandate in the preceding section, the NLRC shall:
a. Endeavor to update and keep abreast with the developments in the global services
industry; and
b. Participate in international or local conferences involving migration issues and in
relevant overseas missions.
Section 3. Joint and Several Liability. The liability of the principal/employer and the
recruitment/placement agency on any and all claims under this Rule shall be joint and
several. This liability shall be incorporated in the contract for overseas employment and
shall be a condition precedent for its approval. The performance bond to be filed by the
recruitment/ placement agency, as provided by law, shall be answerable for all money
claims or damages that may be awarded to the workers.
If the recruitment/placement agency is a juridical being, the corporate officers and
directors and partners, as the case may be, shall themselves be jointly and severally
liable with the corporation or partnership for the aforesaid claims and damages.
Such liabilities shall continue during the entire period or duration of the employment
contract and shall not be affected by any substitution, amendment or modification of the
contract made locally or in a foreign country.
Section 4. Compromise Agreement. Any compromise, amicable settlement or voluntary
agreement on money claims inclusive of damages under this Rule shall be paid within
thirty (30) days from the approval of the settlement by the appropriate authority, unless
a different period is agreed upon by the parties and approved by the appropriate
authority.
Section 5. Effect of Illegal Termination and/or Deduction. In case of termination of
overseas employment without just, valid or authorized cause as defined by law or
contract, or any unauthorized deduction from the migrant worker's salary, the worker
shall be entitled to the full reimbursement of his placement fee with interest of twelve
per cent (12%) per annum, plus his salaries for the unexpired portion of his employment
contract or three (3) months for every year of the unexpired term, whichever is less.
In case of any unauthorized deduction, the worker shall be entitled to the refund of the
deductions made, with interest of twelve per cent (12%) per annum, from the date the
deduction was made.
Section 6. Effect of Final and Executory Judgment. In case of final and executory
judgment against a foreign employer/principal, it shall be automatically disqualified,
without further proceedings, from participating in the Philippine Overseas Employment
Program and from recruiting and hiring Filipino workers until and unless it fully satisfies
the judgment award.
For this purpose, the NLRC or any party in interest shall furnish the POEA a certified
true copy of the sheriff's return indicating the failure to fully satisfy a final and executory
judgment against a foreign employer/principal.
Should the disqualified foreign employer/principal fully satisfy the judgment award, the
NLRC or any party in interest shall furnish the POEA a certified true copy of the sheriff's
return indicating full compliance with the judgment which may be a basis to lift the
disqualification.
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Section 7. Voluntary Arbitration. For OFWs with collective bargaining agreements, the

case shall be submitted for voluntary arbitration in accordance with Articles 261 and 262
of the Labor Code.
RULE VIII
ROLE OF DFA
Section 1. Assistance to Nationals as the Third Pillar of Philippine Foreign Policy.
Assistance to nationals is the third pillar of the Philippine foreign policy. Pursuant to the
Philippine Foreign Service Act of 1991 and the Migrant Workers and Overseas Filipino
Act, as amended, the DFA is mandated to formulate and implement policies and
programs to promote and protect the rights and welfare of Filipino migrants, and provide
consular and legal assistance to overseas Filipinos in distress.
Section 2. International, Regional and Bilateral Initiatives to Protect Overseas Filipino
Workers. The DFA shall continue to advocate in international and regional for the
protection and promotion of the rights and welfare of overseas Filipino workers by taking
the lead and/or actively participating in the crafting of international and regional
conventions/declarations/ agreements that protect their rights and promote their welfare.
The DFA, through its foreign service posts, shall endeavor to improve the conditions of
overseas Filipino workers. It shall establish harmonious working relations with the
receiving countries through, among others, the forging of bilateral
agreements/arrangements or other forms of cooperation.
Section 3. One Country-Team Approach. Under the country-team approach, all officers,
representatives and personnel posted abroad, regardless of their mother agencies shall,
on a per country basis, act as one country-team with a mission under the leadership of
the ambassador.
In receiving countries where there are Philippine consulates, such consulates shall also
constitute part of the country-team under the leadership of the ambassador.
In the implementation of the country-team approach, visiting Philippine delegations shall
be provided full support and information.
Section 4. Negotiations of International Agreements. The DFA shall be the lead agency
that shall advise and assist the President in planning, organizing, directing, coordinating
and evaluating the total national effort in the field of foreign relations pursuant to the
Revised Administrative Code (Executive Order No. 292).
RULE IX
LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS
Section 1. Function and Responsibilities. The Legal Assistant for Migrant Affairs under
the Department of Foreign Affairs shall be primarily responsible for the provision and
over-all coordination of all legal assistance services to Filipino Migrant Workers as well
as Overseas Filipinos in distress. In the exercise of these primary responsibilities,
he/she shall discharge the following duties and functions:
(a) Issue the guidelines, procedures and criteria for the provision of legal assistance
services to Filipino Migrant Workers;
(b) Establish close linkages with the DOLE, POEA, OWWA and other government
agencies concerned, as well as with non-governmental organizations assisting migrant
workers, to ensure effective coordination in providing legal assistance to migrant
workers;
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(c) When necessary, tap the assistance of the Integrated Bar of the Philippines (IBP),
other bar associations, legal experts on labor, migration and human rights laws,
reputable law firms, and other civil society organizations, to complement government
services and resources to provide legal assistance to migrant workers;
(d) Administer the Legal Assistance Fund for Migrant Workers and to authorize its
disbursement, subject to approved guidelines and procedures, governing its use,
disposition and disbursement;
(e)Keep and maintain an information system for migration as provided in Section 20 of
the Act;
(f) Prepare its budget for inclusion in the Department of foreign Affair's budget in the
annual General Appropriations Act; and
(g) Perform such other functions and undertake other responsibilities as may be useful,
necessary or incidental to the performance of his/her mandate.
Section 2. Qualifications and Authority. The Legal Assistant for Migrant Workers Affairs
shall be headed by a lawyer of proven competence in the field of law with at least ten
(10) years experience as a legal practitioner and who must not have been a candidate
to an elective office in the last local or national elections. He/she shall be appointed by
the President of the Philippines. He/she shall have the title, rank, salary, and privileges
of an Undersecretary of Foreign Affairs, and shall head the Office of the Undersecretary
for Migrant Workers' Affairs (OUMWA) of the Department of Foreign Affairs.
He/she shall have authority to hire private lawyers, domestic or foreign, in order to
assist him/her in the effective discharge of the functions of his/her Office.
Section 3. Legal Assistance Fund. The Legal Assistance Fund created under the Act
shall be used exclusively to provide legal services for Migrant Workers and Overseas
Filipinos in distress in accordance with approved guidelines, criteria and procedures of
the DFA.
It shall be used inter alia for the following specific purposes:
(a) In the absence of a counsel de oficio or court-appointed lawyer, payment of
attorney's 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.
RULE X
ROLE OF DOLE
Section 1. On-Site Protection. The DOLE shall see to it that labor and social welfare
laws in the foreign countries are fairly applied to migrant workers and whenever
applicable, to other overseas Filipinos, including the grant of legal assistance and the
referral to proper medical centers or hospitals.
Section 2. POLO Functions. The DOLE overseas operating arm shall be the POLO,
which shall have the following functions and responsibilities:
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a. Ensure the promotion and protection of the welfare and interests of OFWs and assist
them in all problems arising out of employer-employee relationships;
b. Coordinate the DOLE's employment promotion mandate, consistent with the
principles of the Act;
c. Verify employment contracts and other employment-related documents;
d. Monitor and report to the Secretary of Labor and Employment on situations and
policy developments in the receiving country that may affect OFWs in particular and
Philippine labor policies, in general;
e. Supervise and coordinate the operations of the Migrant Workers and Other Overseas
Filipinos Resource Center; and
f. Such other functions and responsibilities as may be assigned by the Secretary of
A. POEA
Section 3. Regulation of Private Sector. The POEA shall regulate private sector
participation in the recruitment and overseas placement of workers by setting up a
licensing and registration system. It shall also formulate and implement, in coordination
with appropriate entities concerned, when necessary, a system for promoting and
monitoring the overseas employment of Filipino workers taking into consideration their
welfare and the domestic manpower requirements. It shall be responsible for the
regulation and management of overseas employment from the pre-employment stage,
securing the best possible employment terms and conditions for overseas Filipino
workers, and taking into consideration the needs of vulnerable sectors and the
peculiarities of sea-based and land-based workers.
Section 4. Hiring through the POEA. The Administration shall recruit and place workers
primarily on government-to-government arrangements. In the recruitment and
placement to service the requirements for trained and competent Filipino workers of
foreign governments and their instrumentalities, and such other employers as public
interests may require, the Administration shall deploy only to countries where the
Philippines has concluded bilateral agreements or arrangements: Provided that such
countries shall guarantee to protect the rights of Filipino migrant workers; and provided
further that such countries shall observe and/or comply with the international laws and
standards for migrant workers.
Section 5. Foreign Employers Guarantee Fund. For migrant workers recruited by the
POEA on a government to government arrangement, the POEA shall, through relevant
guidelines, establish and administer a Foreign Employers Guarantee Fund which shall
be answerable for the workers' monetary claims arising from breach of contractual
obligations.
Section 6. Jurisdiction of the 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.)
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(b) disciplinary action cases and other special cases, which are administrative in
character, involving employers, principals, contracting partners and OFWs processed by
the POEA.
Section 7. Venue.
Pre-employment/recruitment violation cases may be filed with the POEA Adjudication
Office or at any DOLE/POEA regional office of the place where the complainant applied
or was recruited, at the option of the complainant. The office where the complaint was
first filed shall take cognizance of the case.
Disciplinary action cases and other special cases shall be filed with the POEA
Adjudication Office.
Section 8. Who may file. Any aggrieved person may file a complaint in writing and
under oath for violation of the Labor Code and the POEA Rules and Regulations and
other issuances.
For this purpose, an aggrieved person is one who is prejudiced by the commission of a
violation or any of the grounds for disciplinary actions provided in the POEA Rules and
Regulations.
However, the Administration, on its own initiative, may conduct proceedings based on
reports of violations or any of the grounds for disciplinary actions provided in the POEA
Rules and Regulations and other issuances on overseas employment, subject to
preliminary evaluation.
Section 9. Prescriptive Period. All pre-employment/recruitment violation and disciplinary
action cases shall be barred if not commenced or filed with the Administration within
three (3) years after such cause of action accrued.
Section 10. Imposition of Administrative Penalty. For pre-employment/recruitment
violation cases, the Administrator, in the exercise of adjudicatory power, may impose
the penalty of reprimand, suspension, or cancellation or revocation of license.
Where the penalty of suspension is imposed, the Administrator may impose
disqualification from the overseas employment program. For disciplinary action cases
against workers, the Administrator may likewise impose suspension or disqualification.
Section 11. Appeal.
The decision of the Administration may be appealed to the Secretary of Labor and
Employment within fifteen (15) days from the receipt of the Decision.
B. OWWA
Section 12. Programs and Services. The OWWA shall continue to formulate and
implement welfare programs for overseas Filipino workers and their families in all
phases of overseas employment. It shall also ensure the awareness by the OFWs and
their families of these programs and other related government programs.
Section 13. Assistance in the Enforcement of Contractual Obligations. In the
implementation of OWWA welfare programs and services and in line with the One-
Country Team Approach for on-site services, the Welfare Officer or in his/her absence,
the coordinating officer shall:
1. Provide the Filipino migrant worker and his/her family all the assistance they may
need in the enforcement of contractual obligations by agencies or entities and/or by
their principals; and
2. Make representation and may call on the agencies or entities concerned to
conferences or conciliation meetings for the purpose of settling the complaints or
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problems brought to his/her attention. If there is no final settlement at the jobsite and the
worker is repatriated back to the Philippines, conciliation may continue at the OWWA
Central Office, or in any OWWA Regional Welfare Office.
C. NRCO
Section 14. Establishment of the National Reintegration Center for OFWs. The NRCO
is hereby created in the Department of Labor and Employment for returning Filipino
migrant workers, which shall provide the mechanism of their reintegration into Philippine
society, serve as a promotion house for their local employment, and tap their skills and
potentials for national development.
The NRCO shall, in coordination with appropriate government and non-government
agencies, serve as a One-Stop Center that shall address the multi-faceted needs of
OFW-returnees and their families.
For this purpose, TESDA, the Technology Resource Center (TRC), and other
government agencies involved in training and livelihood development shall give priority
to household service workers and entertainers.
The NRCO shall be attached to the Office of the Administrator of OWWA for supervision
and policy guidance.
Section 15. Functions of the NRCO.
The NRCO shall undertake the following:
(a) Develop and support programs and projects for livelihood, entrepreneurship,
savings, investments and financial literacy for returning Filipino migrant workers and
their families in coordination with relevant stakeholders, service providers and
international organizations;
(b) Coordinate with appropriate stakeholders, service providers and relevant
international organizations for the promotion, development and the full utilization of
overseas Filipino worker returnees and their potentials;
(c) Institute, in cooperation with other government agencies concerned, a computer-
based information system on returning Filipino migrant workers which shall be
accessible to all local recruitment agencies and employers, both public and private;
(d) Provide a periodic study and assessment of job opportunities for returning Filipino
migrant workers;
(e) Develop and implement other appropriate programs to promote the welfare of
returning Filipino migrant workers;
(f) Maintain an internet-based communication system for on-line registration of returning
OFWs and interaction with clients, and maintain and upgrade computer-based service
capabilities of the NRCO;
(g) Develop capacity-building programs for returning overseas Filipino workers and their
families, implementers, service providers, and stakeholders;
(h) Conduct research for policy recommendations and program development; and
(i) Undertake other programs and activities as may be determined by the Secretary of
Section 16. Formulation of Program. The DOLE, OWWA, TESDA, and POEA shall,
within sixty (60) days from effectivity of these Rules, formulate a program that would
motivate migrant workers to plan for productive options such as entry into highly
technical jobs or undertakings, livelihood and entrepreneurial development, better wage
employment, and investment of savings.
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D. Migrant Workers and Other Overseas Filipinos Resource Center

Section 17. Establishment of Migrant Workers and other Overseas Filipino Resource
Center.
A Migrant Workers and other Overseas Filipinos Resource Center shall be established
in countries where there are large concentration of OFWs, as determined by the
Secretary of Labor and Employment. It shall be established within the premises of the
Philippine Embassy or the Consulate and be under the administrative jurisdiction of the
Philippine Embassy.1avvphi1
When the Migrant Workers and other Overseas Filipinos Resource Center is
established outside the premises of the Embassy or Consulate, the Department of
Foreign Affairs shall exert its best effort to secure appropriate recognition from the
receiving government in accordance with applicable laws and practices.
Section 18. Services. The Migrant Workers and other Overseas Filipinos Resource
Center shall provide the following services:
a. Counseling and legal services;
b. Welfare assistance including the procurement of medical and hospitalization services;
c. Information, advisory programs to promote social integration such as post-arrival
orientation, settlement and community networking services and activities for social
interaction;
d. Registration of irregular/undocumented workers to bring them within the purview of
the Act;
e. Implementation of DOLE and OWWA Programs;
f. Human resource development, such as training and skills upgrading;
g. Gender-sensitive programs and activities to assist particular needs of migrant
workers;
h. Orientation program for returning workers and other migrants;
i. Monitoring of the daily situation, circumstances and activities affecting migrant
workers and other overseas Filipinos;
j. Ensuring that labor and social welfare laws in the receiving country are fairly applied
to migrant workers and other overseas Filipinos; and
k. Conciliation of disputes arising from employer-employee relationship, in accordance
with this Rule.
Section 19. Personnel. Each Migrant Workers and Other Overseas Filipinos Resource
Center shall be staffed by Foreign Service personnel, a Labor Attaché and other service
attachés or officers who represent Philippine government agencies abroad.
The following personnel may be assigned to the Center:
a. Psychologists, Social Workers, and a Shari'a or Human Rights Lawyer, in highly
problematic countries as categorized by the DFA and DOLE and where there is a
concentration of Filipino migrant workers;
b. Individual volunteers and representatives from bona fide non-government
organizations from the receiving countries, if available and necessary as determined by
the Labor Attaché in consultation with the Chief of Mission;
c. Public Relations Officer or Case Officer conversant, orally and in writing, with the
local language, laws, customs and practices; and/or
d. Legal Officers (POEA/NLRC/DOLE) and such other professionals deemed necessary
by the Secretary of Labor and Employment.
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Section 20. Administration of the Center. The POLO through the Labor Attaché shall
supervise and coordinate the operations of the Migrant Workers and other Overseas
Filipinos Resource Center and shall keep the Chief of Mission informed and updated on
all matters affecting it at least quarterly through a written report addressed to the Chief
of Mission.
Section 21. Round-the Clock Operations. The Migrant Workers and other Overseas
Filipino Resource Center shall operate on a 24-hour basis including Saturdays,
Sundays and holidays. A counterpart 24-hour Information and Assistance Center to
ensure a continuous network and coordinative mechanism shall be established at the
DFA and the DOLE/OWWA.
Section 22. Budget. The establishment, yearly maintenance and operating costs of the
Migrant Workers and other Overseas Filipinos Resource Centers, including the costs of
services and programs not specially funded under the Act, shall be sourced from the
General Appropriations Act (GAA) and shall be included in the annual budget of the
DOLE.
However, the salaries and allowances of overseas personnel shall be sourced from the
respective agencies' budgets.
RULE XI
ROLE OF DOH
Section 1. Regulation of Medical Clinics. The Department of Health (DOH) shall
regulate the activities and operations of all clinics which conduct medical, physical,
optical, dental, psychological and other similar examinations, hereinafter referred to as
health examinations, on Filipino migrant workers as requirement for their overseas
employment. Pre-Employment Medical Examinations (PEME) for overseas work
applicants shall be performed only in DOH-accredited medical clinics and health
facilities utilizing the standards set forth by DOH. Pursuant to this, the DOH shall ensure
that:
(a) The fees for the health examinations are regulated, regularly monitored and duly
published to ensure that the said fees are reasonable and not exorbitant. The DOH shall
set a minimum and maximum range of fees for the different examinations to be
conducted, based on a thorough and periodic review of the cost of health examinations
and after consultation with concerned stakeholders. The applicant-worker shall pay
directly to the DOH-accredited medical clinics or health facilities where the PEME is to
be conducted.
(b) The Filipino migrant workers shall only be required to undergo health examinations
when there is reasonable certainly by the hiring recruitment/manning agency pursuant
to POEA Rules and Regulations that he/she will be hired and deployed to the jobsite
and only those health examinations which are absolutely necessary for the type of job
applied for those specifically required by the foreign employer shall be conducted;
(c) No groups of medical clinics shall have a monopoly of exclusively conducting health
examinations on migrant workers for certain receiving countries;
(d) Every Filipino migrant worker shall have the freedom to choose any of the DOH-
accredited or DOH-operated clinics that will conduct his/her health examinations and
that his/her rights as a patient are respected. The decking practice, which requires
overseas Filipino workers to go first to an office for registration and then farmed out to a
medical clinic located elsewhere, shall not be allowed;
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(e) Within a period of three (3) years from the effectivity of the Act, all DOH regional
and/or provincial hospitals under local government units shall establish and operate
clinics that can serve the health examination requirements of Filipino migrant workers to
provide them easy access to such clinics all over the country and lessen their
transportation and lodging expenses; and
(f) All DOH-accredited medical clinics, including the DOH-operated clinics, conducting
health examinations for Filipino migrant workers shall observe the same standard
operating procedures and shall comply with internationally-accepted standards in their
operations to conform with the requirements of receiving countries or of foreign
employers/principals.
Section 2. Temporary Disqualification of Foreign Employers. Any foreign employer who
does not honor the results of valid health examinations conducted by a DOH-accredited
or DOH-operated clinic shall be temporarily disqualified from participating in the
overseas employment program, pursuant to POEA Rules and Regulations. The
temporary disqualification of the employer may be lifted only upon the latter's
unqualified acceptance of the result of the examination.
Section 3. Liability of Medical Clinic or Health Facility. 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.
Any DOH-accredited clinic which violates any provisions of this section shall, in addition
to any other liability it may have incurred, suffer the penalty of revocation of its DOH-
accredited if after investigation, the medical reason for repatriation could have been
detected at the time of examination using the DOH PEME package as required by the
employer/principal or the receiving country.
Section 4. Liability of Government Personnel for Nonfeasance and Malfeasance of their
Duties under the Act.
Any government official or employee who violates any provision of this Rule shall be
removed or dismissed from service with disqualification to hold any appointive public
office for five (5) years. Such penalty is without prejudice to any other liability which
he/she may have incurred under existing laws, rules or regulations.
Section 5. Issuance of Guidelines.
Within sixty (60) days from effectivity of these Rules, the DOH shall issue the pertinent
guidelines to implement the provisions of this Rule.
RULE XII
ROLE OF LGUs
Section 1. Role in Anti-Illegal Recruitment and the Overseas Employment Program. In
the fight against illegal recruitment, the local government units (LGUs) and the
Department of the Interior and Local Government (DILG), in partnership with the POEA,
other concerned government agencies, and non-government organizations advocating
the rights and welfare of OFWs, shall take a proactive stance by being primarily
responsible for the dissemination of information to their constituents on all aspects of
overseas employment. To carry out this task, the following shall be undertaken by the
LGUs:
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a. Launch an aggressive campaign against illegal recruitment. They shall provide legal
assistance to victims of illegal recruitment and, when necessary, coordinate with
appropriate government agencies regarding the arrest and/or prosecution of illegal
recruiters. They shall report any illegal recruitment activity to the POEA for appropriate
action.
b. Provide a venue for the POEA, other government agencies, NGOs, and trained LGU
personnel to conduct Pre-Employment Orientation Seminars (PEOS) to their
constituents on a regular basis.
c. Establish OFW help desks or kiosks in their localities with the objective of providing
current information to their constituents on all the processes and aspects of overseas
employment. Such desks or kiosks shall, as far as practicable, be fully computerized
and shall be linked to the database of all concerned government agencies, particularly
the POEA for its updated lists of overseas job orders and licensed agencies in good
standing.
d. Establish and maintain a database pertaining to a master list of OFWs residing in
their respective localities, classified according to occupation, job category, civil status,
gender, by country or state of destination, including visa classification, name, address,
and contact number of the employer.
RULE XIII
REPATRIATION OF WORKERS
Section 1. Primary Responsibility for Repatriation.
The repatriation of the worker or his/her remains, and the transport of his/her personal
effects shall be the primary responsibility of the principal, employer or agency that
recruited or deployed him/her abroad. All costs attendant thereto shall be borne by the
principal, employer or the agency concerned.
Section 2. Obligation to Advance Repatriation Costs.
Notwithstanding the provisions of Section 37-A of the Act, the primary responsibility to
repatriate entails the obligation on the part of the principal or agency to advance the
repatriation and other attendant costs, including plane fare, deployment cost of the
principal, and immigration fines and penalties, to immediately repatriate the worker
should the need for it arise, without a prior determination of the cause of the termination
of the worker's employment. However, after the worker has returned to the country, the
principal or agency may recover the cost of repatriation from the worker if the
termination of employment was due solely to his/her fault.
In countries where there is a need to secure an exit visa for the worker's repatriation,
the principal or employer shall be primarily responsible for securing the visa at no cost
to the worker. The agency shall coordinate with the principal or employer in securing the
visa.
Every contract for overseas employment shall provide for the primary responsibility of
the principal or employer and agency to advance the cost of plane fare, and the
obligation of the worker to refund the cost thereof in case his/her fault is determined by
the Labor Arbiter.
Section 3 Repatriation Procedure.
When a need for repatriation arises and the foreign employer fails to provide for its cost,
the POLO or responsible personnel on-site shall simultaneously notify OWWA and the
POEA of such need. The POEA shall issue a notice requiring the agency concerned to
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provide, within 48 hours from such notice, the plane ticket or the prepaid ticket advice
(PTA) to the POLO or Philippine Embassy. The agency shall notify the POEA of such
compliance, which shall then inform OWWA of the action of the agency.
In case there is a need to secure an exit visa for the repatriation of the worker, the
employer or principal shall have fifteen (15) days from notice to secure such an exit
visa. Moreover, any agency involved in the worker's recruitment, processing, and/or
deployment shall also coordinate with the principal or employer in securing the visa.
Section 4. Action on Non-Compliance.
If the employment agency fails to provide the ticket or PTA within 48 hours from receipt
of the notice, the POEA shall suspend the documentary processing of the agency or
impose such sanctions as it may deem necessary. Upon notice from the POEA, OWWA
shall advance the costs of repatriation with recourse to the agency or principal. The
administrative sanction shall not be lifted until the agency reimburses the OWWA of the
cost of repatriation with legal interest.
If the principal or employer and/or agency fail to secure the exit visa within a period of
fifteen (15) days from receipt of the POEA notice, the POEA shall suspend the employer
or principal from participating in the overseas employment program, and may impose
suspension of documentary processing on the agency, if warranted.
Section 5. Emergency Repatriation.
The OWWA, in coordination with DFA, and in appropriate situations, with international
agencies, shall undertake the repatriation of workers in cases of war, epidemic,
disasters or calamities, natural or man-made, and other similar events without prejudice
to reimbursement by the responsible principal or agency within sixty (60) days from
notice. In such case, the POEA shall simultaneously identify and give notice to the
agencies concerned.
Section 6. Mandatory Repatriation of Underage Migrant Workers. 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 after notice and hearing and shall impose a fine
of not less than five hundred thousand pesos (Php500.000.00) but not more than One
million pesos (Php1,000,000.00). The POEA shall also order the recruitment/manning
agency to refund all fees pertinent to the processing of papers or documents in the
deployment, to the underage migrant worker or to his parents or guardian in a summary
proceeding conducted.
The refund shall be independent of and in addition to the indemnification for the
damages sustained by the underage migrant worker. The refund shall be paid within
thirty (30) days from the date the POEA is officially informed of the mandatory
repatriation as provided for in the Act.
Section 7. Other Cases of Repatriation.
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
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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.
Section 8. 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 (P100,000,000.00) Pesos, the OWWA
shall make representation with the Office of the President for immediate funding in
excess of said amount.
Section 9. Prohibition on Bonds and Deposits.
In no case shall a private recruitment/manning agency require any bond or cash deposit
from the worker to guarantee performance under the contract or his/her repatriation.
RULE XIV
SHARED GOVERNMENT INFORMATION SYSTEM FOR MIGRATION
Section 1. Composition. An Inter-Agency Committee shall be established to implement
a shared government information system for migration. The Inter-Agency Committee
shall be composed of the following agencies:
a) Department of Foreign Affairs:
b) Department of Labor and Employment and concerned attached agencies;
c) Department of Justice;
d) Department of the Interior and Local Government;
e) Department of Health and concerned attached agencies;
f) Department of Social Welfare and Development;
g) Department of Tourism;
h) Insurance Commission;
i) Commission on Filipinos Overseas;
j) Bureau of Immigration;
k) National Bureau of Investigation;
l) National Telecommunications Commission;
m) Commission on Information and Communications Technology;
n) National Computer Center;
o) National Statistical and Coordination Board;
p) National Statistics Office;
q) Home Development Mutual Fund; and
r) Other government agencies concerned with overseas employment.
Section 2. Availability, Accessibility and Linkaging of Computer Systems. Initially, the
Inter-Agency Committee shall make available to itself the information contained in
existing data bases/files of its member agencies. The second phase shall involve
linkaging of computer facilities systems in order to allow the free-flow data exchanges
and sharing among concerned agencies.
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Section 3. Chair and Technical Assistance. The Inter-Agency Committee shall be co-

chaired by the Department of Foreign Affairs and the Department of Labor and
Employment. The National Computer Center shall provide the necessary technical
assistance and shall set the appropriate information and communications technology
standards to facilitate the sharing of information among the member agencies.
Section 4. Declassification and Sharing of Existing Information. The Inter-Agency
Committee shall convene to identify existing databases, which shall be declassified and
shared among member agencies. These shared databases shall initially include, but not
be limited to, the following information:
a) Master lists of Filipino migrant workers/overseas Filipinos classified according to
occupation/job category, civil status, by country/state of destination including visa
classification;
b) Inventory of pending legal cases involving Filipino migrant workers and other Filipino
migrant workers and other Filipino nationals, including those serving prison terms;
c) Master list of departing/arriving Filipinos;
d) Statistical profile on Filipino migrant workers/overseas Filipinos/ tourists;
e) Blacklisted foreigners/undesirable aliens;
f) Basic data on legal systems, immigration policies, marriage laws and civil and criminal
codes in receiving countries particularly those with large numbers of Filipinos;
g) List of labor and other human rights instruments where receiving countries are
signatories;
h) A tracking system of past and present gender desegregated cases involving male
and female migrant workers, including minors; and
i) List of overseas posts, which may render assistance to overseas Filipinos in general,
and migrant workers, in particular.
j) List of licensed recruiters and recruitment agencies;
k) List of accredited foreign employers;
l) List of recruiters and recruitment agencies with decided/pending
criminal/civil/administrative cases, and their dispositions; and
m) Such other information as may be deemed necessary by the Inter-Agency
Committee.
The Inter-Agency Committee shall establish policies, guidelines, and procedures in
implementing this Rule, including declassification of information.
Section 5. Confidentiality of Information. Information and data acquired through this
shared information system shall be treated as confidential and shall only be used for
official and lawful purposes, related to the usual functions of the Inter-Agency
Committee members, and for purposes envisioned by the Act.
Section 6. Regular Meetings. The Inter-Agency Committee shall meet regularly to
ensure the immediate and full implementation of Section 20 of the Act and shall explore
the possibility of setting up a central storage facility for the data on migration. The
progress of the implementation shall be included in the report of the DFA and the DOLE
under Section 33 of the Act.
The Inter-Agency Committee shall convene thirty (30) days from effectivity of these
Rules to prioritize the discussion of the following, inter alia: data to be shared, frequency
of reporting, and timeless and availability of data.
Section 7. Secretariat.
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A secretariat, which shall provide administrative and support services to the Inter-
Agency Committee shall be based in the DFA.
Section 8. Funds. The Philippine Charity Sweepstakes Office shall allocate an initial
amount of P10 Million to carry out the provisions of this Rule. Thereafter, the actual
budget of the Inter-Agency Committee shall be drawn from the General Appropriations
Act in accordance with Section 26 of Republic Act No. 10022.
The E-Government Fund may be tapped for purposes of fund sourcing by the Inter-
Agency Committee.
RULE XV
MIGRANT WORKERS LOAN GUARANTEE FUND
Section 1. Definitions.
(a) Pre-Departure Loans - refer to loans granted to departing migrant workers covered
by new contracts to satisfy their pre-departure requirements such as payments for
placement/processing fees, airplane fare, subsistence allowance, cost of clothing and
pocket money.
(b) Family Assistance Loans - refer to loans granted to currently employed migrant
workers or their eligible dependents/families in the Philippines to tide them over during
emergency situations.
(c) Guarantee Agreement - refers to a contract between the participating financial
institution and OWWA whereby the latter pledges to pay a loan obtained by a migrant
worker from the former in case the worker defaults.
(d) GFIs - refer to government financial institutions.
Section 2. Loan Guarantee Fund.
The Migrant Workers Loan Guarantee Fund is hereby established:
(a) to prevent any recruiter from taking advantage of workers seeking employment
abroad by expanding the grant of Pre-Departure and Family Assistance Loans to
covered migrant workers;
(b) to establish and operate a guarantee system in order to provide guarantee cover on
the pre-departure and family assistance loans of migrant workers who lack or have
insufficient collateral or securities; and
(c) to ensure the participation of GFIs in extending loan assistance to needy migrant
workers who are to be engaged or is engaged for a remunerated activity abroad.
Section 3. Coverage and Scope.
All departing migrant workers who need financial assistance to pay or satisfy their pre-
departure expenses may avail of the Pre-Departure Loans.
Currently employed migrant workers or their eligible dependents who need emergency
financing assistance may avail of the Family Assistance Loan.
Section 4. Administration of the Fund.
Pursuant to Sec. 21 of the Act, the amount of One Hundred Million pesos
(P100,000,000.00) from the Capital Funds of OWWA shall constitute the Migrant
Workers Loan Guarantee Fund. The Fund, which shall be administered by the OWWA,
shall be used exclusively to guarantee the repayment of Pre-Departure and Family
Assistance Loans granted by participating GFIs.
All existing revolving funds earmarked for the Pre-Departure and Family Assistance
Loans shall revert back to the OWWA Capital Fund.
Section 5. Financing Scheme.
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The OWWA shall initiate arrangements with GFIs to implement mutually agreed
financing schemes, that will expand the Pre-Departure and Family Assistance Loans.
Section 6. Guarantee Agreement.
No loan shall be considered covered by a guarantee unless a Guarantee Agreement
has been prepared and approved by both the participating financial institution and the
OWWA.
RULE XVI
COMPULSORY INSURANCE COVERAGE
FOR AGENCY-HIRED WORKERS
Section 1. Migrant Workers Covered. In addition to the performance bond to be filed by
the recruitment/manning agency under Section 10 of the Act, 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.
Section 2. Policy Coverage.
Such insurance policy shall be effective for the duration of the migrant worker's
employment contract and shall cover, at the minimum:
(a) Accidental death, with at least Fifteen Thousand United States Dollars (US$
15,000.00) survivor's benefit payable to the migrant worker's beneficiaries;
(b) Natural death, with at least Ten Thousand United States Dollars (US$ 10,000.00)
survivor's benefit payable to the migrant worker's beneficiaries;
(c) Permanent total disablement, with at least Seven Thousand Five Hundred United
States Dollars (US$7,500) 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;
(d) Repatriation cost of the worker when his/her employment is terminated by the
employer without any valid cause, or by the employee with just cause, including the
transport of his/her personal belongings. In case of death, the insurance provider shall
arrange and pay for the repatriation or return of the worker's remains. The insurance
provider shall also render any assistance necessary in the transport, including but not
limited to, locating a local and licensed funeral home, mortuary or direct disposition
facility to prepare the body for transport, completing all documentation, obtaining legal
clearances, procuring consular services, providing death certificates, purchasing the
minimally 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.
This provision shall be without prejudice to the provisions of Rule XIII of these Rules
and Regulations.
(e) Subsistence allowance benefit, with at least One Hundred United States Dollars
(US$100) per month for a maximum of six (6) months for a migrant worker who is
involved in a case or litigation for the protection of his/her rights in the receiving country.
(f) Money claims arising from employer's liability which may be awarded or given to the
worker in a judgment or settlement of his/her case in the NLRC. The insurance
coverage for money claims shall be equivalent to at least three (3) months salaries for
every year of the migrant worker's employment contract;
(g) 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
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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;
(h) Medical evacuation. When an adequate medical facility is not available proximate to
the migrant worker, as determined by the insurance company's physician and a
consulting physician, evacuation under appropriate medical supervision by the mode of
transport necessary shall be undertaken by the insurance provider; and
(i) Medical repatriation. When medically necessary as determined by the attending
physician, repatriation under medical supervision to the migrant worker's residence shall
be undertaken by the insurance provider at such time that the migrant worker is
medically cleared for travel by commercial carrier. If the period to receive medical
clearance to travel exceeds fourteen (14) days from the date of discharge from the
hospital, an alternative appropriate mode of transportation, such as air ambulance, may
be arranged. Medical and non-medical escorts may be provided when necessary. This
provision shall be without prejudice to the provisions of Rule XIII of these Rules and
Regulations.
Section 3. Duty to Disclose and Assist. It shall be the duty of the recruitment/manning
agency, in collaboration with the insurance provider, to sufficiently explain to the migrant
worker, before his/her departure, and to at least one of his/her beneficiaries the terms
and benefits of the insurance coverage, including the claims procedure.
Also, 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.
Section 4. Qualification of Insurance Companies. Only reputable private insurance
companies duly registered with the (IC), which are in existence and operational for at
least five (5) years, with a net worth of at least Five Hundred Million Pesos
(Php500,000,000.00) to be determined by the IC, and with a current year certificate of
authority shall be qualified to provide for the worker's insurance coverage. Insurance
companies who have directors, partners, officers, employees or agents with relatives,
within the fourth civil degree of consanguinity or affinity, who work or have interest in
any of the licensed recruitment/manning agencies or in any of the government agencies
involved in the overseas employment program shall be disqualified from providing this
workers' insurance coverage. It shall be the duty of the said directors, partners, officers,
employees or agents to disclose any such interest to the IC and POEA.
Section 5. Requirement for Issuance of OEC. The recruitment/manning agency shall
have the right to choose from any of the qualified insurance providers the company that
will insure the migrant worker it will deploy. After procuring such insurance policy, the
recruitment/manning agency shall provide an authenticated copy thereof to the migrant
worker. It shall then submit the certificate of insurance coverage of the migrant worker
to POEA as a requirement for the issuance of Overseas Employment Certificate (OEC)
to the migrant worker. In the case of seafarers who are insured under policies issued by
foreign insurance companies, the POEA shall accept certificates or other proofs of
cover from recruitment/manning agencies: Provided, that the minimum coverage under
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sub-paragraphs (a) to (i) are included therein. For this purpose, foreign insurance
companies shall include entities providing indemnity cover to the vessel.
Section 6. Notice of Claim. Any person having a claim upon the policy issued pursuant
to subparagraphs (a), (b), (c), (d) and (e) of Section 2 of this Rule shall present to the
insurance company concerned a written notice of claim together with pertinent
supporting documents. The insurance company shall forthwith ascertain the truth and
extent of the claim and make payment within ten (10) days from the filing of the notice of
claim.
Section 7. Documentary Requirements for Accidental or Natural Death or Disablement
Claims. 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.
In case of a seafarer, the amounts provided in Section 2 (a), (b), or (c), as the case may
be shall, within ten (10) days from submission of the above-stated documents, be paid
by the foreign insurance company through its Philippine representative to the
seafarer/beneficiary without any contest and without any necessity of proving fault or
negligence on the part of the seafarer. Such amount received by the
seafarer/beneficiary may be entitled to under the provisions of the POEA-Standard
Employment Contract or collective bargaining agreement (CBA). Any claim in excess of
the amount paid pursuant to the no contest, no fault or negligence provision of this
section shall be determined in accordance with the POEA-SEC or CBA.
Section 8. Documentary Requirement for Repatriation Claim. For repatriation under
subparagraph (d) of Section 2 of this Rule , a certification which states the reason/s for
the termination of the migrant worker's employment and the need for his/her repatriation
shall be issued by the Philippine foreign post or the Philippine Overseas Labor Office
(POLO) located in the receiving country. Such certification shall be solely for the
purpose of complying with this section.
Section 9. Documentary Requirements for Subsistence Allowance Benefit Claim. For
subsistence allowance benefit under sub-paragraph (e) of Section 2 of this Rule, the
concerned Labor Attaché or, in his absence, the embassy or consular official shall issue
a certification which states the name of the case, the names of the parties and the
nature of the cause of action of the migrant worker.
Section 10. Settlement of Money Claims. For the payment of money claims under sub-
paragraph (f) of Section 2 of this Rule, the following rules shall govern:
(1) After a decision has become final and executory or a settlement/compromise
agreement has been reached between the parties at the NLRC, the Labor Arbiter shall,
motu proprio or upon motion, and following the conduct of pre-execution conference,
issue a writ of execution mandating the respondent recruitment/manning agency to pay
the amount adjudged or agreed upon within thirty (30) days from receipt thereof;
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(2) The recruitment/manning agency shall then immediately file a notice of claim with its
insurance provider for the amount of liability insured, attaching therewith a copy of the
decision or compromise agreement;
(3) Within ten (10) days from the filing of notice of claim, the insurance company shall
make payment to the recruitment/manning agency the amount adjudged or agreed
upon, or the amount of liability insured, whichever is lower. After receiving the insurance
payment, the recruitment/manning agency shall immediately pay the migrant worker's
claim in full, taking into account that in case the amount of insurance coverage is
insufficient to satisfy the amount adjudged or agreed upon, it is liable to pay the balance
thereof;
(4) In case the insurance company fails to make payment within ten (10) days from the
filing of the claim, the recruitment/manning agency shall pay the amount adjudged or
agreed upon within the remaining days of the thirty-day period, as provided in the first
sub-paragraph hereof;
(5) If the worker's claim was not settled within the aforesaid thirty-day period, the
recruitment/manning agency's performance bond or escrow deposit shall be forthwith
garnished to satisfy the migrant worker's claim;
(6) The provision of compulsory worker's insurance under this section shall not affect
the joint and several liability of the foreign employer and the recruitment/manning
agency under Section 10 of the Act;
(7) Lawyers for the insurance companies, unless the latter are impleaded, shall be
prohibited to appear before the NLRC in money claims cases under Rule VII.
Section 11. Disputes in the Enforcement of Insurance Claims. 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.
Section 12. Liability of Recruitment/Manning Agency. In case it is shown by substantial
evidence before the POEA that the migrant worker who was deployed by a licensed
recruitment/manning agency has paid for the premium or the cost of the insurance
coverage or that the said insurance coverage was used as basis by the
recruitment/manning agency to claim any additional fee from the migrant worker, the
said licensed recruitment/manning agency shall lose its license and all its directors,
partners, proprietors, officers and employees shall be perpetually disqualified from
engaging in the business of recruitment of overseas workers. Such penalty is without
prejudice to any other liability which such persons may have incurred under existing
laws, rules or regulations.
Section 13. Foreign Employers Guarantee Fund. For migrant workers recruited by the
POEA on a government-to-government arrangement, the POEA Foreign Employers
Guarantee Fund referred to under Section 5, Rule X of these Rules shall be answerable
for the workers' monetary claims arising from breach of contractual obligations.
Section 14. Optional Coverage. For migrant workers classified as rehires, name hires
or direct hires, they may opt to be covered by this insurance coverage by requesting
their foreign employers to pay for the cost of the insurance coverage or they may pay
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for the premium themselves. To protect the rights of these workers, the DOLE and
POEA shall provide them adequate legal assistance, including conciliation and
mediation services, whether at home or abroad.
Section 15. Formulation of Implementing Rules and Regulations. Within thirty (30) days
from the effectivity of these Rules, and pursuant to Section 37-A of the Act, the IC, as
the lead agency, shall, together with DOLE, NLRC, and POEA, in consultation with the
recruitment/manning agencies and legitimate non-government organizations advocating
the rights and welfare of OFWs, issue the necessary implementing rules and
regulations, which shall include the following:
1. Qualifications of participating insurers;
2. Accreditation of insurers;
3. Uniform Standard Policy format;
4. Premium rate;
5. Benefits;
6. Underwriting Guidelines;
7. Claims procedure;
8. Dispute settlement;
9. Administrative monitoring and supervision; and
10. Other matters deemed necessary.
Within five (5) days from effectivity of these Rules, the IC shall convene the inter-agency
committee to commence the formulation of the aforesaid necessary rules and
regulations.
Section 16. Assessment of Performance of Insurance Providers. At the end of every
year, the DOLE and the IC shall jointly make an assessment of the performance of all
insurance providers, based upon the report of NLRC and POEA on their respective
interactions and experiences with the insurance companies, and they shall have the
authority to ban or blacklist such insurance companies which are known to be evasive
or not responsive to the legitimate claims of migrant workers. The DOLE shall include
such assessment in its year-end report to Congress.
Section 17. Automatic Review. The foregoing provisions on mandatory insurance
coverage shall be subject to automatic review through the Congressional Oversight
Committee immediately after three (3) years from the effectivity of the Act in order to
determine its efficacy in favor of the covered OFWS and the compliance by
recruitment/manning agencies and insurance companies, without prejudice to an earlier
review if necessary and warranted for the purpose of modifying, amending and/or
repealing these subject provisions.
RULE XVII
MISCELLANEOUS PROVISIONS
Section 1. POEA, OWWA, and other Boards. Notwithstanding any provision of law to
the contrary, the respective boards of the POEA and the OWWA shall have three (3)
members each who shall come from the women, sea-based and land-based sectors
respectively, to be selected and nominated openly by the general membership of the
sector being represented.
The selection and nomination of the additional members from the women, sea-based
and land-based sectors shall be governed by the following guidelines:
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(a) The POEA and OWWA shall launch a massive information campaign on the
selection of nominees and provide for a system of consultative sessions for the certified
leaders or representatives of the concerned sectors, at least three (3) times, within
ninety days (90) before the Boards shall be convened, for purposes of selection. The
process shall be open, democratic and transparent.
(b) Only non-government organizations that protect and promote the rights and welfare
of overseas Filipino workers, duly registered with the appropriate Philippine government
agency and in good standing as such, and in existence for at least three (3) years prior
to the nomination shall be qualified to nominate a representative for each sector to the
Board;
(c) The nominee must be at least 25 years of age, able to read and write, and a migrant
worker at the time of his/her nomination or was a migrant worker with at least three (3)
years experience as such;
(d) A Selection and Screening Committee shall be established within the POEA and
OWWA by the Secretary of Labor and Employment to formulate the procedures on
application, screening and consultation, and shall be responsible to provide the list of
qualified nominees to the respective Governing Boards; and
(e) The final list of all the nominees selected by the OWWA/POEA Governing Boards,
which shall consist of three (3) names for each sector to be represented, shall be
submitted to the President and published in a newspaper of general circulation.
Incumbent representatives appointed pursuant to this section and who are eligible for
re-appointment shall be automatically included in the list referred to under subsection
(d).
Within thirty (30) days from the submission of the final list referred to under subsection
(e), the President shall select and appoint from the list the representatives to the
POEA/OWWA Governing Boards.
The members shall have a term of three (3) years and shall be eligible for
reappointment for another three (3) years. In case of vacancy, the President shall, in
accordance with the provisions of the Act, appoint a replacement who shall serve the
unexpired term of his/her predecessor.
All other government agencies and government-owned or controlled corporations which
require at least one (1) representative from the overseas workers sector to their
respective boards shall follow all the applicable provisions of this section, subject to the
respective Charters, Implementing Rules and Regulations, and internal policies of such
agencies and corporations.
The existing members of the Governing Boards of POEA and OWWA representing the
women, land-based, or sea-based sectors shall serve the remaining portion of their
three-year terms. Thereafter, their positions shall be deemed vacant, and the process of
selection of their replacement shall be in accordance with this section. If the incumbent
is eligible for re-appointment, he/she shall continue to serve until re-appointed or
another person is appointed in accordance with this section.
Incumbent representatives in the Governing Board with no fixed term shall remain in
holdover capacity, until a replacement is appointed in accordance with this section.
Section 2. Report to Congress. In order to inform the Philippine Congress on the
implementation of the policy enunciated in Section 4 of the Act, the DFA and the DOLE
shall submit separately to the said body a semi-annual report of Philippine foreign posts
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located in, or exercising consular jurisdiction over, countries receiving Filipino migrant
workers. The mid-year report covering the period January to June shall be submitted
not later than October 31 of the same year while the year-end report covering the period
July to December shall be submitted not later than May 31 of the following year. The
report shall include, but shall not be limited to, the following information:
(a) Master list of Filipino migrant workers, and inventory of pending cases involving
them and other Filipino nationals including those serving prison terms;
(b) Working conditions of Filipino migrant workers;
(c) Problems encountered by the migrant workers, specifically violations of their rights;
(d) Initiatives/actions taken by the Philippine foreign posts to address the problems of
Filipino migrant workers;
(e) Changes in the laws and policies of host countries; and
(f) Status of negotiations on bilateral labor agreements between the Philippines and the
receiving country.
Section 3. Effect on Failure to Report. Any officer of the government who has the legal
duty to report, yet fails to submit the aforesaid Report to Congress, without justifiable
cause, shall be subject to an administrative penalty of dismissal from the service with
disqualification to hold any appointive public officer for five (5) years.
Section 4. Government Fees, Administrative Costs and Taxes. All fees for services
being charged by any government agency on migrant workers prevailing at the time of
the effectivity of this Rule shall not be increased. All other services rendered by the
DOLE and other government agencies in connection with the recruitment and
placement of and assistance to migrant workers shall be rendered free. The
administrative cost thereof shall not be borne by the worker.
The migrant worker shall be exempt from the payment of travel tax and airport fee upon
proper showing of the Overseas Employment Certificate (OEA) issued by the POEA.
The remittances of all OFWs, upon showing of the OEC or valid OWWA Membership
Certificate by the OFW beneficiary or recipient, shall be exempt from the payment of
documentary stamp tax (DST) as imposed under Section 181 of the National Internal
Revenue Code, as amended.
In addition to the original copy, a duplicate copy or a certified true copy of the valid proof
of entitlement referred to above shall be secured by the OFW from the POEA or
OWWA, which shall be held and used by his/her beneficiary in the availment of the DST
exemption.
In case of OFWs whose remittances are sent through the banking system, credited to
beneficiaries or recipient's account in the Philippines and withdrawn through an
automatic teller machine (ATM), it shall be the responsibility of the OFW to show the
valid proof of entitlement when making arrangement that for his/her remittance
transfers.
A proof of entitlement that is no longer valid shall not entitle an OFW to DST payment
exemption.
The Bureau of Internal Revenue (BIR), under the Department of Finance, may
promulgate revenue regulations deemed to be necessary and appropriate for the
effective implementation of the exemption of OFWs from DST and travel tax.
Section 5. Establishment of the Congressional Migrant Workers Scholarship Fund.
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There is hereby created a Congressional Migrant Workers Scholarship Fund which shall
benefit deserving migrant workers and/or their immediate descendants who intend to
pursue courses or training primarily in the field of science and technology, as defined by
the DOST.
The fund of One Hundred Fifty Million Pesos (P150,000,000.00) shall be sourced from
the proceeds of Lotto draws.
Section 6. Creation of the Scholarship Fund Committee. There is hereby created a
Scholarship Fund Committee to be composed of representatives from the DOLE,
DOST, POEA, OWWA, TESDA and two (2) representatives of migrant workers to be
appointed by the Secretary of Labor and Employment.
Section 7. Functions of the Scholarship Fund Committee.
(a) To set the coverage, criteria and standards of admission to the Scholarship
Program;
(b) To determine the amount of availment;
(c) To monitor and evaluate the program;
(d) To identify/accredit training and testing institutions; and
(e) To perform such other functions necessary to attain the purpose of the Fund.
Section 8. Implementing Agency. The OWWA shall be the Secretariat of the
Scholarship Fund Committee. As such, it shall administer the Scholarship Program, in
coordination with the DOST.
RULE XVIII
FUNDING
Section 1. Sources of Funds. The departments, agencies, instrumentalities, bureaus,
offices and government-owned and controlled corporations charged with carrying out
the provisions of the Act shall include in their respective programs the implementation of
the Act, the funding of which shall be included in the General Appropriations Act.
RULE XIX
MIGRANT WORKERS DAY
Section 1. Commemoration. The DOLE shall lead and enlist the cooperation of other
government agencies in the commemoration of a Migrant Workers Day on 7 June of
every year.
RULE XX
TRANSITORY PROVISIONS
Section 1. Applicability of Criteria for Receiving Countries. In compliance with Section 4
of the Act, the DFA shall, within 90 days from effectivity of these Rules and Regulations,
issue the certification for countries where the Philippines maintains an embassy.
In countries where the Philippine Embassy exercises concurrent jurisdiction and where
the Ambassador is non-resident, the DFA shall have one hundred twenty days (120)
from the effectivity of these Rules to issue the certification required in Section 4 of the
Act. Prior to the expiration of the aforesaid period, the secretary of Foreign Affairs, in
consultation with the Secretary of Labor and Employment, shall allow the reasonable
extension of the period for the issuance of the certification upon a determination that
there is a need therefor.
Pending the issuance of the required certifications of compliance or determinations of
non-compliance and within the periods mentioned in the preceding paragraphs, the
deployment of migrant workers overseas shall proceed on a status quo basis.
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For purposes of issuance of the certifications, the DFA shall, in consultation with the
POEA, issue a standard format to be accomplished by all Foreign Service posts.
Section 2. Effectivity of Compulsory Insurance Requirement. All OFWs who were
issued Overseas Employment Certificates prior to the effectivity of the necessary rules
and regulations referred to under Section 15 of Rule XVI shall not be covered by the
compulsory insurance requirement.
RULE XXI
FINAL PROVISIONS
Section 1. Repealing Clause. All Department Orders, Circulars and implementing Rules
and Regulations inconsistent with these Omnibus Rules and Regulations are hereby
repeated or amended accordingly.
Section 2. Effectivity. - The provisions of these Rules and Regulations shall take effect
fifteen days (15) after publication in two (2) newspapers of general circulation.
Done in the City of Manila, this 8th day of July, 2010.
ALBERTO G. ROMULO
Secretary
Department of Foreign Affairs
ROSALINDA DIMAPILIS-BALDOZ
Secretary
Department of Labor and Employment
ENRIQUE T. ONA
Secretary
Department of Health
GERARDO BENJAMIN C. NOGRALES
Chairman
National Labor Relations Commission (NLRC)
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2. 2002 POEA RULES ON OVERSEAS EMPLOYEMENT OF OFWS

3. 2003 POEA RULES ON OVERSEAS EMPLOYMENT OF SEAFARER’S
4. OMNIBUS IRR OF RA 8042 AS AMENDED BY RA 10022
5. Rules and regulations on the employment of seafarer’s onboard Philippine
Registered Ships engaged in International Voyage – DO No. 130- Series of 2013
6. 2016 Revised POEA Rules and Regulations Governning the Recruitment and
Employment of Seafarers’
7. 2016 Revised POEA Rules and Regulations Governing Recruitment and
Employment of Land Based Overseas Filipino Workers
REVISED POEA RULES AND REGULATIONS

GOVERNING THE RECRUITMENT AND EMPLOYMENT OF
LANDBASED OVERSEAS FILIPINO WORKERS OF 2016

PART II
LICENSING AND REGULATION
RULE I
Private Sector Participation in the Overseas Employment Program

SECTION 1.Participation of the Private Sector.— The private sector shall participate in
the recruitment of Filipino workers for overseas employment in accordance with these
Rules and any subsequent guidelines that may be issued by the POEA Governing
Board and the Administration.

SECTION 2. Who may participate; Required Capitalization. — Any Filipino citizen acting
as a sole proprietor or a partnership, or a corporation at least seventy-five percent
(75%) of the authorized and voting capital stock of which is owned and controlled by
Filipino citizens, may engage in the business of recruitment and placement of Filipino
workers.

The sole proprietor and partnership shall have a minimum capitalization of Five Million
Pesos (PhP5,000,000.00) and a minimum paid up capital of Five Million Pesos
(PhP5,000,000.00) in case of a corporation.

Those with existing licenses shall, within four (4) years from effectivity hereof, increase
their capitalization or paid up capital, as the case may be, to Five Million Pesos
(PhP5,000,000.00) at the rate of Seven Hundred Fifty Thousand Pesos
(PhP750,000.00) every year.

SECTION 3. Who are Disqualified. — The following persons and entities are
disqualified to participate or engage in the recruitment and placement of workers for
overseas employment:

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a. Travel agencies and sales agencies of airline companies;

b. Officers or members of the Board of any corporation or partners in a partnership
engaged in the business of a travel agency;
c. Corporations and partnerships, where any of its officers, members of the board or
partners is also an officer, member of the board or partner of a corporation or
partnership engaged in the business of a travel agency;
d. Individuals, partners, officers or directors of an insurance company who make,
propose or provide an insurance contract under the compulsory insurance coverage for
agency-hired Overseas Filipino Workers;
e. Sole proprietors, partners or officers and members of the board with derogatory
records, such as, but not limited to the following:

1. Those convicted, or against whom probable cause or prima facie finding of guilt is
determined by a competent authority, for illegal recruitment, or for other related crimes
or offenses committed in the course of, related to, or resulting from, illegal recruitment,
or for crimes involving moral turpitude;
2. Those agencies whose licenses have been revoked for violation of RA 8042
(Migrant Workers and Overseas Filipinos Act of 1995), as amended, PD 442 (Labor
Code of the Philippines), as amended, and RA 9208 (Trafficking in Persons Act of
2003), as amended, and their implementing rules and regulations;
3. Those agencies whose licenses have been cancelled, or those who, pursuant to the
Order of the Administrator, were included in the list of persons with derogatory record
for violation of recruitment laws and regulations; and

f. Any official or employee of the DOLE, POEA, OWWA, DFA, DOJ, DOH, BI, IC,
NLRC, TESDA, CFO, NBI, PNP, Civil Aviation Authority of the Philippines (CAAP),
international airport authorities, and other government agencies directly involved in the
implementation of RA 8042, as amended, and/or any of his/her relatives within the
fourth civil degree of consanguinity or affinity.

RULE II
Issuance of License

A. APPLICATION

SECTION 4. Pre-Qualification Requirements.— Any person applying for a license to
operate a recruitment agency shall file a written application with the Administration,
together with the following requirements:

a. Business Name Certificate issued by the Department of Trade and Industry
(DTI) in the case of a single proprietorship, or a certified copy of the Articles of
Partnership or Articles of Incorporation duly registered with the SEC in the case of a
partnership or corporation;
b. Proof of financial capacity:

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i. Bank certificate showing a deposit of at least Five Million Pesos

(PhP5,000,000.00), with authority to examine the bank account;
ii. Duly filed Income Tax Returns (ITR) for the last two (2) years of the proprietor,
partners, members of the Board of Directors and major stockholders of a corporation
and official receipts showing payment of income tax; and
iii. Proof of sources of investment.

c. Proof of existence of new market:
i. POLO verified and/or consulate authenticated Recruitment/Service Agreement
(RA/SA) duly concluded by the applicant and the new principal/employer.

For this purpose, a new principal/employer refers to a principal/employer which has
never been accredited/registered with any licensed recruitment agency or with the
Administration and has been existing for at least a year; Provided, that in the case of a
foreign placement agency, its client employer/s must be identified and must not have
been accredited with any licensed recruitment agency or with the Administration.

ii. Employer’s profile to include:

a. Valid business license or commercial registration of the principal/employer, with
English translation;
b. Information on business activities;
c. Number of years in operation; and
d. Number of workers.

d. Proof of possession by the sole proprietor, managing partner, president or chief
executive officer, as the case may be, of a bachelor's degree or at least four
(4) years experience in human resource management or experience in heading or
managing a manpower business;
e. Valid clearances from the NBI and the Anti-Illegal Recruitment Branch of the
Administration for the proprietor, partners, and all members of the board of directors of
the applicant agency. If a member of the board is a foreign national, a
duly authenticated police clearance from his/her country of origin shall be required;
f. A duly notarized undertaking by the sole proprietor, the managing partner, or the
president of the corporation stating that the applicant shall:

1. Negotiate for the best terms and conditions of employment for the workers;
2. Select and deploy only medically fit and competent workers as tested by the
employers or certified by TESDA or by other competent authority;
3. Provide orientation to the workers on recruitment procedures, as well as the
country profile and the working and living conditions, and other relevant information
about the host country and work site;
4. Obtain compulsory insurance coverage for its hired workers for the duration of the
contract of employment, at no cost to the workers;
5. Provide the worker a copy of the contract upon signing and provide the OEC upon
issuance;
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6. Guarantee that there is no officer or employee of the recruitment agency related

within the fourth civil degree of consanguinity or affinity to any official or employee of
any government agency engaged, directly or indirectly, in the implementation of RA
8042, as amended;
7. Assume full and complete responsibility for all claims and liabilities which may
arise in connection with the use of the license;
8. Assume joint and several liability with the employer for all claims and liabilities
which may arise in connection with the implementation of the contract, including but not
limited to unpaid wages, death and disability compensation and repatriation;
9. Assume full and complete responsibility for all acts of its officers, employees and
representatives done in connection with recruitment and placement;
10. Adhere to the ethical standards as prescribed in the Code of Conduct for Ethical
Recruitment as endorsed by recruitment industry associations and the Administration;
and
11. Guarantee compliance with existing labor and social legislation of the Philippines
and of the country of employment of the recruited workers.

g. In case of a corporation or partnership, a duly notarized undertaking by the
corporate officers and directors, or partners, that they shall be jointly and severally liable
with the corporation or partnership for claims and/or damages that may be awarded to
the workers;
h. List of all officials and personnel involved in recruitment and placement, together
with their appointment, signed bio-data and two (2) copies of their passport-size
pictures, as well as their clearances from the NBI and their individual
affidavits, declaring that they have no conviction or pending criminal case for illegal
recruitment or case involving moral turpitude;
i. Certificate of attendance of the sole proprietor, managing partner, president, chief
executive officer and/or operations manager in a Pre-Licensing Orientation Seminar
(PLOS);
j. Flowchart detailing step-by-step recruitment procedures, documentary
requirements, briefings and orientations required, authorized fees and costs,
deployment timeframes, and the responsible officer/s and process cycle time for every
phase of the process; and
k. Four-year business plan detailing financial, market and operational viability,
including projected income and a risk management plan.

SECTION 5. Payment of Filing Fee.— Upon receipt of the complete requirements for
application, the Administration shall require payment of a non-refundable filing fee of
Twenty-Five Thousand Pesos (PhP25,000.00) and submission of proof of payment
thereof.

SECTION 6.Panel Interview.— The proprietor, partners and members of the Board of
Directors, including the major stockholders, shall undergo a panel interview to ascertain
their qualifications and fulfillment of the requirements under Rules I and II, Part II of
these Rules.

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SECTION 7.Decision on the Application.— The Administration shall notify the applicant

in writing of the decision on the application within three (3) working days after interview.

SECTION 8.Grounds for Denial of Application.— An application for license shall be
denied when the applicant fails to satisfy any of the requirements or gives any false
information or documents.

SECTION 9.Submission of Post-Qualification Requirements.— Upon receipt of the
notification, the applicant shall submit the following post-qualification requirements prior
to the issuance of the provisional license:

a. A lease contract for an office space measuring at least one hundred (100) square
meters, or proof of building ownership that will be used as an office or an identified
portion thereof measuring at least 100 square meters;
b. An office layout providing and clearly delineating adequate spaces that will serve as
receiving area, interview room, administrative and finance area, conference/training
room, and an executive office;
c. An inventory of office equipment and facilities, which at the minimum, shall include
the following:

i. Office furniture such as tables and chairs for the president and other officers and
employees, as well as similar furniture for the receiving area, interview room and
conference/training room;
ii. Secured filing cabinets; and
iii. Office equipment which shall, at the minimum, include two (2) computers, computer
printer and scanner, photocopying machine, fax machine, landline telephone, internet
connection, and multi-media equipment (i.e. LCD projector, and other similar audio-
visual equipment).

d. Organizational chart indicating the duties and responsibilities and names of officers
and staff, which shall, at the minimum, consist of the President, Chief Executive Officer,
Recruitment and/or Documentation Officer, Accountant or Bookkeeper, Cashier and
Liaison Officer;
e. Payment of license fee of One Hundred Thousand Pesos (PhP100,000.00); and
f. An escrow agreement with a bank authorized by the Bangko Sentral ng Pilipinas to
handle trust accounts, with deposit in the amount of One Million Pesos
(PhP1,000,000.00).

The escrow deposit shall answer for all valid and legal claims arising from contracts of
employment and violations of the conditions for the grant and use of the license,
including fines imposed by the Administration. The escrow shall likewise guarantee
compliance with prescribed recruitment procedures, rules and regulations, appropriate
terms and conditions of employment, and relevant issuances of the DOLE.

The escrow deposit shall not be sourced from the capitalization requirement.

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SECTION 10.Assessment Prior to Issuance of License. — The Administration

shall assess the applicant’s compliance with paragraphs (a), (b) and (c) of the preceding
section. The Labor Laws Compliance Officer (LLCO) shall determine the size of the
office space and the existence of the facilities and equipment as shown in the
applicant’s floor plan and inventory of equipment.

The assessment shall be conducted in accordance with the provisions of Rule III, Part
II of these Rules.

B. PROVISIONAL LICENSE

SECTION 11.Issuance and Validity of a Provisional License. — Within five (5) working
days from satisfaction of the post-qualification requirements, the Administration shall
issue a provisional license which shall be valid within a non-extendible period of two (2)
years from date of issuance.

SECTION 12.Prohibition.— The agency granted with a provisional license shall not
deploy domestic workers during the validity of the provisional license.

C. REGULAR LICENSE

SECTION 13.Application for Upgrading of Provisional License to a Regular License.
— Upon application, a provisional license may be upgraded to a regular license at any
time during its validity upon deployment of one hundred (100) workers to its new
principal/s, and upon submission of the following:

a. Quality Management System (QMS) manual, defining the scope of the agency’s
quality management system that includes, among others, the quality policy and
objectives, organizational structure and management responsibilities, and documented
recruitment and deployment processes;
b. Updated bank certificate stating that the escrow deposit remains at One Million
Pesos (PhP1,000,000.00);
c. Certificate of no pending case or any substantiated adverse report during the
validity of the provisional license;
d. Certificate of attendance to the Continuing Agency Education Program (CAEP) of
all its officers and staff; and
e. Latest audited financial statement.

SECTION 14.Validity of a Regular License.— The regular license shall be valid up to
the full term of four (4) years from the date of issuance of the provisional license.

The application for upgrading of the provisional license shall be filed within three (3)
months before the expiration of the provisional license.

D. RENEWAL OF LICENSE
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SECTION 15. Renewal of License. — A licensed recruitment agency should submit an
application for the renewal of its license within three (3) months before the expiration of
its license. The application shall be supported by the following documents:

a. Updated DTI registration in case of sole proprietorship, or General Information
Sheet in case of partnership and corporation;
b. Renewed/new escrow agreement with a commercial bank authorized to handle
trust accounts by the Bangko Sentral ng Pilipinas, supported by a bank certification;

Provided, that, if during the renewal, the applicant has pending recruitment violation
case/s before the Administration, an additional escrow deposit shall be required
in accordance with the following schedule:
NO. OF PENDING CASE/S ADDITIONAL ESCROW DEPOSIT
1 to 5 PhP50,000.00 per case
6 to 10 PhP75,000.00 per case
11 or more PhP100,000.00 per case

The total escrow deposit shall, in no case, exceed Two Million Pesos
(PhP2,000,000.00).

Provided, further, that, if in the succeeding renewal, the licensed recruitment agency
has no pending case, the Administration shall allow the withdrawal of the additional
escrow deposit.

c. Duly filed latest audited financial statements and income tax returns of the licensed
recruitment agency. In case the equity of the licensed recruitment agency is below the
minimum capitalization requirement, it shall be given thirty (30) days from release of the
renewed license to submit an SEC certification on capital infusion, otherwise the license
shall be suspended until it has complied with such requirement;
d. Clearances from the NBI and the Anti-Illegal Recruitment Branch of the sole
proprietor, partners, members of the board of directors, officers, and personnel; and
e. Valid Certificate of Compliance with general labor standards and valid Certificate of
Compliance with occupational safety and health standards.

The Administration shall only accept applications with complete requirements based on
the checklist for renewal of license. No application shall be accepted after the date of
expiration of the license.

SECTION 16.Action on Renewal of License.—The Administration shall evaluate the
application within five (5) working days from receipt of such application. The license
remains valid until the application shall have been finally acted upon.

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E. ESCROW DEPOSIT

SECTION 17.Maintenance of Escrow Deposit.— A licensed recruitment agency shall
maintain at all times its escrow deposit in the minimum amount of One Million Pesos
(PhP1,000,000.00). In case the licensed recruitment agency is required an additional
escrow pursuant to Section 15, it shall maintain the escrow deposit of One Million
Pesos (PhP1,000,000.00) plus the additional escrow.

In case the escrow deposit has been garnished, the licensed recruitment agency shall
replenish the escrow deposit within fifteen (15) days from receipt of the Notice to
Replenish Escrow Deposit. Failure to comply with such notice will result in the
suspension of the license of the recruitment agency. Within the same fifteen (15) day
period, the licensed recruitment agency may explain why it should not be suspended for
such failure to comply.

The Administration shall ensure compliance with the increased escrow deposit as
provided in this Rule.

SECTION 18. Monitoring Compliance with Conditions for the Issuance of the License.
— The Administration shall monitor the compliance of licensed recruitment agencies
with the conditions for the issuance of license, recruitment laws, rules and regulations
on the use of license, and general labor standards and occupational safety and health
standards in coordination with the DOLE Regional Office.

The Administration shall suspend or revoke the license of a recruitment agency for
failure to maintain the required qualifications or conditions for the issuance of a license
as provided in this Rule.

SECTION 19. Release of Deposit in Escrow. — The deposit in escrow of a licensed
recruitment agency that voluntarily surrenders its license or has not renewed its license
shall be released upon submission of the following:

a. Copy of the duly executed/signed escrow agreement;
b. Bank certification on the status of escrow deposit;
c. Certificate of No Pending Case from the NLRC;
d. Clearance from the Adjudication Office;
e. Notarized Board Resolution/Partnership Resolution duly received by the SEC on
the decision to withdraw escrow deposit, indicating the name of the person to process
and receive the check representing the escrow deposit; and
f. Surety bond equivalent to the amount of the escrow deposit valid for four (4) years
from expiration of the license, if applicable.

F. COMMON PROVISIONS

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SECTION 20. Derogatory Record after Issuance/Renewal of License. — The license

of a single proprietorship or a partnership shall be suspended, until cleared by the
Administration, should any derogatory record as provided in Section 3 herein be found
to exist against the single proprietor or any or all of the partners, as the case may be.

The appointment of any officer or employee of any licensed recruitment agency may be
cancelled or revoked by the Administration at any time, with due notice to the licensed
recruitment agency concerned, whenever said officer or employee is found to have any
derogatory record.

SECTION 21. Non-Transferability of License. — No license shall be used, directly or
indirectly, by any person other than the one in whose favor it was issued, nor at any
place other than that stated in the license, nor may such license be transferred,
conveyed or assigned to any other person or entity.

SECTION 22. Revocation of License of Sole Proprietorship. — The license of the sole
proprietorship shall automatically be revoked upon the death of the sole proprietor. The
next-in-rank officer of the agency shall, within ten (10) days, report such death to the
Administration. Failure to report shall automatically include such next-in-rank officer in
the list of persons with derogatory record.

SECTION 23.Revocation of License of a Partnership Due to Death or Withdrawal of
Partner. — The license of a partnership shall be automatically revoked upon the death
or withdrawal of a partner which materially interrupts the course of business or results in
the actual dissolution of the partnership. The surviving partner/s shall, within ten (10)
days, report such death or withdrawal to the Administration. Failure to report shall
automatically include the surviving partner/s in the list of persons with derogatory
record.

SECTION 24.Upgrading, Merger or Consolidation of Licensed Recruitment
Agencies. — The upgrading, merger or consolidation of licensed recruitment agencies
shall be undertaken in accordance with the regulations of the SEC, without prejudice to
the determination by the Administration of the qualifications of the new partners or
directors.

The upgraded licensed recruitment agencies, the surviving corporation, or the new
corporation, as the case may be, shall inform the Administration of such changes within
thirty (30) days from confirmation by SEC of such upgrading, merger or consolidation.

SECTION 25. Change in the Composition of Partners/Board of Directors. — The
licensed recruitment agency shall notify the Administration of every change in the
composition of the partnership or board of directors within thirty (30) calendar days from
the date of such change, and submit the following supporting documents:

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a. ln case of change of partners, the amended articles of partnership, and bio-data,
pictures, NBI clearances, AIRB clearances and income tax returns with proof of
payment, for the last two (2) years of the new partners; and
b. ln case of election of new members of the Board of Directors, the amended General
Information Sheet and the bio-data, pictures, NBI clearances, AIRB clearances and
income tax returns with proof of payment for the last two (2) years of the new directors.

In case of change in the controlling shares or composition of the board of
directors/partnership or any transfer of control in the operations of a licensed
recruitment agency, the new set of board of directors/partners shall be subject to a
panel interview to ascertain their qualifications as provided in these Rules.

SECTION 26.Transfer of Shares of Stocks.— A licensed recruitment agency operating
as a corporation shall notify the Administration of any transfer of shares of stocks of the
corporation within thirty (30) calendar days from approval of such transfer by SEC,
together with the updated General Information Sheet reflecting such transfer, and a
certified true copy of the Stock and Transfer Book.

SECTION 27. Appointment, Termination, or Resignation of Officers and Personnel.
— The licensed recruitment agency shall notify the Administration of the appointment,
termination or resignation of any officer and personnel of the agency within thirty (30)
days from such appointment, termination or resignation. In case of appointment, the
notification shall include the following documents:

a. Letter of appointment containing duties and responsibilities duly accepted by the
appointee;
b. NBI and AIRB clearances; and
c. Bio-data and two (2) recent passport size pictures.

SECTION 28. Transfer of Business Address. — A licensed recruitment agency may
transfer its business address upon submission of the following:

a. Letter of Intent to transfer office in the case of sole proprietorship, or a partnership
or Board Resolution approving the transfer of office in case of a partnership or
a corporation; and
b. Copy of lease contract or proof of building ownership.

The Administration shall acknowledge such transfer after an assessment of compliance
with space, office layout and equipment requirements has been completed.

The licensed recruitment agency shall publish a notice to the public of the new business
address in a newspaper of general circulation within thirty (30) days from such transfer.
The proof of publication shall be provided to the Administration within five (5) days from
publication.

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SECTION 29.Establishment of a Branch. — A licensed recruitment agency may request

for an authority to establish a branch specifying the location, area and personnel. In
case of a corporation, a board resolution authorizing the establishment of a branch shall
be submitted. The request shall be subject to evaluation taking into account the track
record of the agency and the number of job orders.

SECTION 30.Additional Office Space. - A licensed recruitment agency shall report to
the Administration the acquisition of additional office space. The additional office space
shall be adjacent to the registered main office or within the same
building, provided, that, it is properly identified and covered by a duly notarized lease
contract.

RULE III
Overseas Employment and Labor Laws Compliance System

SECTION 31. Assessment of Agencies and Labor Laws Compliance— The
Administration, in coordination with DOLE, shall assess, validate and monitor
compliance of licensed recruitment agencies with these Rules and applicable labor laws
and social legislation.

An Assessment shall refer to the process of evaluating compliance with these Rules,
labor laws and social legislation, undertaken by qualified labor laws compliance officers
(LLCOs) using a prescribed checklist in accordance with the pertinent provisions of the
Rules on Labor Laws Compliance System (LLCS) issued by the Secretary of Labor and
Employment through Department Order No. 131-13. The Assessment shall include
matters relating to the maintenance of requirements on capitalization/equity, office
space, equipment, facilities, and postings.

The Assessment shall be conducted prior to the issuance of a license (post qualification
assessment), upgrading of provisional license to a regular license, issuance of branch
authority, renewal of license and branch authority, and transfer of office. The
Assessment shall likewise be conducted once every two (2) years after renewal of
license.

A. ASSESSMENT PRIOR TO THE ISSUANCE OF A LICENSE
(POST QUALIFICATION ASSESSMENT)

SECTION 32.Scope of Assessment. — The post-qualification assessment shall cover
compliance with minimum office space, facilities and equipment under Section 9 hereof
by the applicant whose license application has been approved. The Assessment shall
be conducted prior to the issuance of the provisional license.

SECTION 33, Issuance of Authority to Assess.— The Licensing Regulations Office
(LRO) Director or his/her authorized representative shall issue the Authority to Assess,
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indicating the names of the LLCO or POEA personnel, the applicant and its registered
address, the purpose of the assessment and the validity period of the authority.

SECTION 34.Conduct and Report of Assessment. — The LLCO/POEA personnel shall
proceed to the establishment and present the authority to the applicant agency. A
responsible representative of the applicant shall receive and sign a copy of the
authority. The assessment shall be conducted in the presence of such representative.

The assessment report shall be forwarded to the Licensing Branch of the
Administration.

B. REGULAR ASSESSMENT

SECTION 35.Scope of Regular Assessment. — The Assessment shall be undertaken
as a requirement for upgrading of the provisional license to a regular license, renewal of
license and branch authority, transfer of office, and once every two (2) years after
renewal of license. The Assessment shall cover the following:

a. Maintenance of the minimum office space, facilities and equipment;
b. Maintenance of the required signs and postings, such as POEA door sticker, agency
license, organizational chart, “Kaukulang Bayad” poster and anti-illegal recruitment
campaign posters;
c. Examination of books of accounts, official receipts, and financial statements; and
d. Compliance with general labor standards and occupational safety and health
standards.

SECTION 36.Issuance of Authority to Assess. — The LRO Director or his/her duly
authorized representative shall issue the authority to assess to its duly authorized
LLCOs, indicating the names of the LLCOs, the licensed recruitment agency to be
assessed, the purpose of the assessment and the validity period of the authority.

The LRO Director or his/her duly authorized representative may also request the DOLE
Regional Director for the conduct of assessment of licensed recruitment agencies,
including their branches.

SECTION 37.Conduct and Report of Assessment. — The LLCO shall proceed to the
establishment and present the authority to the licensed recruitment agency. A
responsible representative of the licensed recruitment agency shall receive and sign a
copy of the authority. The Assessment shall be conducted in his/her presence, including
a representative designated by the rank and file employees at the time of Assessment.

The Assessment shall proceed based on the Assessment Checklist contained in Annex
“A” hereof.

SECTION 38.Issuance of Notice of Results.— The LLCO shall issue the Notice of
Results indicating compliance or deficiencies with POEA rules, labor laws and social
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legislation. The licensed recruitment agency representative shall acknowledge such

results.

SECTION 39.Report of Assessment. —- The LLCO shall endorse to the LRO Director
the results relating to overseas employment, or to the DOLE Regional Director for
general labor standards and occupational safety and health standards.

SECTION 40.Issuance of Certificate of Compliance. — Licensed recruitment agencies
that have complied with overseas employment rules and regulations shall be
issued, within five (5) days from such compliance, a Certificate of Compliance with a
validity period of two (2) years by the POEA Administrator.

The Certificate of Compliance with general labor standards and occupational safety and
health shall be issued by the DOLE Regional Director who has territorial jurisdiction
over the establishment.

The Certificate of Compliance issued to a licensed recruitment agency shall cover
branch offices that have been included in the renewal of license.

SECTION 41.Compliance with Deficiencies. — In case of non-compliance, the LLCO
shall issue a Notice of Results, together with the accomplished assessment checklist
indicating the deficiencies. The licensed recruitment agency shall comply with the
deficiencies or findings in accordance with the following:

a. In case of deficiencies on office facilities, equipment, postings and signs, the agency
shall, within five (5) working days from the date of assessment, correct the deficiencies
and submit proof of compliance for verification. Failure to comply shall cause the
imposition of suspension of documentary processing, until compliance.
b. For failure to maintain the required minimum office space, the agency shall submit
proof of compliance within thirty (30) days from assessment. Failure to comply shall
cause the imposition of suspension of documentary processing, until compliance.
c. In case the audited financial statement indicates an amount lower than the required
capitalization, the agency shall, within thirty (30) days from the date of assessment,
infuse additional capital up to the required minimum level and submit the certificate of
corporate filing/information on the present paid-up capital issued by the SEC. Failure to
comply shall cause the suspension of license, until compliance.
d. In case of non-presentation of the books of accounts and official receipts during
assessment, the agency shall be given forty eight (48) hours to present such books and
receipts; otherwise, a suspension of documentary processing shall be imposed.
e. If an unauthorized person is present in the agency’s premises, the LLCO shall report
such findings for review and endorsement to the Adjudication Office for administrative
proceedings.

In case of deficiencies on general labor standards and occupation safety and health
standards, the DOLE shall have jurisdiction over the agency’s compliance in
accordance with the Rules on LLCS.
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C. SALVO/SPOT INSPECTION

SECTION 42.Scope of Salvo/Spot Inspection. — The Administration shall undertake
inspection in response to a complaint or report of illegal recruitment activities and
recruitment violations. Such inspection shall be conducted in accordance with the POEA
labor laws compliance manual.

RULE IV
Licensing of Companies Registered with
Philippine Overseas Construction Board (POCB)

SECTION 43. Licensing of POCB-Registered Companies. — POCB-registered
companies with overseas projects may apply in writing for a special license to deploy
their workers to their overseas projects, subject to submission of the following
requirements:

a. Articles of Incorporation;
b. A certified true copy of the POCB certificate of registration;
c. POCB certification of an existing overseas project;
d. Affidavit of Undertaking that the company will submit the renewed POCB
registration upon its expiration; and
e. Proof of payment of the non-refundable filing fee of Twenty Five Thousand Pesos
(PhP25,000.00).

SECTION 44. Payment of Fees. — Upon approval of the application, the applicant shall:

a. Pay a license fee of Fifty Thousand Pesos (PhP50,000.00); and
b. Submit an Escrow Deposit Agreement of Two Hundred Fifty Thousand Pesos
(PhP250,000.00) with an accredited bank authorized to handle trust accounts by
the Bangko Sentral ng Pilipinas.

SECTION 45. Issuance of Special License. — The Administration shall issue a special
license to the POCB-registered companies within twenty-four (24) hours from receipt of
application, provided all the requirements are met by the applicant. Only applications
with complete supporting documents shall be deemed filed.

SECTION 46. Validity Period of Special License. — The special license shall be valid
for four (4) years from date of issuance subject to the validity of the POCB-registration,
or unless sooner revoked, terminated, suspended, or cancelled by the Secretary or
his/her duly authorized representative.

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SECTION 47. Requisites for Renewal. — Within three (3) months prior to the expiration
of the license, the POCB-registered company shall submit a written application together
with the following requirements:

a. Certified copy of valid POCB Certificate of Registration;
b. Bank Certificate indicating that the escrow of Two Hundred Fifty Thousand Pesos
(PhP250,000.00) is still intact;
c. POCB certification of an existing overseas project; and
d. Proof of payment of license fee of Fifty Thousand Pesos (PhP50,000.00).

SECTION 48.Prohibition on Collection of Fees from Overseas Filipino Workers.
— POCB-registered companies shall not collect any fee from the workers deployed to
their projects overseas.

SECTION 49. POCB-registered Companies without Overseas Projects. — POCB-
registered companies without POCB-certified overseas projects that intend to deploy
workers overseas may apply for a regular license pursuant to Rule II, Part II of these
Rules.

RULE V
Fees, Costs and Contributions

SECTION 50.Fees and Costs Chargeable to the Overseas Filipino Workers. —
The Overseas Filipino Worker shall pay the following fees and costs:

a. Documentation costs:

1. Passport;
2. NBI/Police/Barangay Clearance;
3. NSO authenticated birth certificate;
4. Transcript of Records and diploma issued by the school, certified by the CHED and
authenticated by the DFA;
5. Professional license issued by the PRC, authenticated by the DFA;
6. Certificate of Competency issued by TESDA or other competent certifying body for
the job applied for; and
7. DOH prescribed medical/health examination, based on the host country medical
protocol.

b. Membership with Philhealth, Pag-Ibig and the Social Security System.

SECTION 51.Placement Fee.— A placement fee may be charged against
the Overseas Filipino Worker equivalent to one (1) month basic salary specified in the
POEA approved contract, except for the following:

a. Domestic workers; and
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b. Workers to be deployed to countries where the prevailing system, either by law,

policy or practice do not allow, directly or indirectly, the charging and collection of
recruitment/placement fee.

The worker shall pay the placement fee to the licensed recruitment agency only after
signing the POEA-approved contract. The agency must issue a BIR-registered receipt
stating the date of payment and the exact amount paid.

SECTION 52. Payment of Insurance Premium. — The licensed recruitment agency
shall be responsible for the payment of the premium for the compulsory insurance
coverage under Section 37-A of RA 8042, as amended.

SECTION 53.Costs and Fees Chargeable Against the Principal/Employer. — The
costs of recruitment and placement shall be the responsibility of principal/employer,
which cover payment for the following:

a. Visa, including the stamping fee;
b. Work permit and residence permit;
c. Round trip airfare;
d. Transportation from the airport to the jobsite;
e. POEA processing fee;
f. OWWA membership fee; and
g. Additional trade test/assessment, if required by the principal/employer.

SECTION 54. Prohibition Against Charging of Other Fees. — No other charges in
whatever amount, form, manner or purpose shall be charged against the Overseas
Filipino Worker, except those specified in this Rule.

SECTION 55.Service Fees. — Licensed recruitment agencies shall charge
principals/employers service fees commensurate to the fair market value of their
services.

RULE VI
Skills Test and Medical Examination for Overseas Employment

SECTION 56. Skills Testing for Applicant. — An applicant for overseas employment
shall undergo a skills test in a TESDA-accredited skills testing center only after the
licensed recruitment agency and/or its principal/employer has pre-qualified him/her
for work covered by an approved job order. The licensed recruitment agency shall
ensure that the appropriate skills test shall be administered to the worker,
corresponding to the position/job category applied for.

SECTION 57.Medical/Health Examination. — The licensed recruitment agency shall
require an applicant to undergo a medical/health examination as required by the
medical protocol of the host country. The medical examination shall be conducted
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through a DOH-accredited medical clinic of his/her choice, and only after reasonable
certainty that the worker shall be hired by the principal/employer under an approved job
order.

The licensed recruitment agency shall ensure that the coverage of medical examination
is in accordance with the standard requirements of the host government and
the principal/employer.

RULE VII
Recruitment Outside Registered Office

SECTION 58.Special Recruitment Activity. — A licensed recruitment agency may
conduct recruitment activities outside its registered address by securing a Special
Recruitment Authority prior to the conduct of the recruitment.

SECTION 59.Requirements for the Issuance of Special Recruitment Authority.
— A Special Recruitment Authority (SRA) may be issued upon submission of the
following requirements:

a. Letter request from the agency stating the exact date and venue of the special
recruitment activity, as well as the name(s) of the designated representative/s;
b. List of accredited principals/employers with sufficient job order balance;
c. Proof of notice to the local government unit through the Public Employment Service
Office (PESO); and
d. An undertaking that the agency shall take full responsibility for the acts of its
representative officers and employees, and/or the employer or his/her authorized
representative.

SECTION 60.Filing of Application. — An application for issuance of SRA shall be filed at
least three (3) days prior to the date of the activity with any of the following POEA
offices:

a. POEA Central Office;
b. POEA Regional Center or Regional Extension Unit (REU) under whose area of
jurisdiction the agency is located; or
c. POEA Regional Center or REU under whose area of jurisdiction the special
recruitment activity will be conducted.

SECTION 61. Validity of SRA. — The SRA shall be valid for the date and venue as
indicated, unless extended, modified or revoked by the Administration for violation of the
conditions for its issuance.

SECTION 62.Letter of Authority (LOA). — The licensed recruitment agency shall notify
the Administration of the participation of an accredited principal/employer or its
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registered/authorized representative in a recruitment activity within its registered office

within three (3) days prior to the activity. If the accredited principal/employer or its
registered authorized representative shall participate in a recruitment activity outside its
registered office, the application for LOA shall be filed at least three (3) days prior to the
date of the activity.

SECTION 63. Venue and Supervision of Special Recruitment Activities. — Recruitment
activities outside the registered office of the licensed recruitment agency shall be
conducted only at venues indicated in the authority, and shall be supervised by the
Administration in coordination with the DOLE or PESO.

SECTION 64. Terminal Reports. — A terminal report shall be submitted to the POEA
office which issued the SRA within ten (10) days, and a Progress Deployment Report
within ninety (90) days after the activity. No subsequent SRA shall be issued until the
licensed recruitment agency has submitted the required reports.

SECTION 65.Participation in Jobs Fair.— A licensed recruitment agency may
participate in a jobs fair and conduct recruitment activities based on POEA-approved job
orders, provided, that, a corresponding DOLE permit has been issued to the organizer
of the jobs fair. Prior written notification which includes a list of authorized
representatives who will be participating in the jobs fair, including the venue, date, and
list of principals/employers, shall be submitted to the Administration for monitoring
and supervision.

If the jobs fair is being organized by the PESO, no such permit shall be required, except
for the prior notification requirement as mentioned above.

SECTION 66. Cancellation of SRA/LOA. — The Administration reserves the right to
cancel the SRA/LOA for violation of the conditions set therein.

RULE VIII
Advertisement for Overseas Job Vacancies

SECTION 67.Advertisement for Overseas Employment.—Advertisement for overseas
employment shall include the publication of job vacancies in any form of
communication, such as press releases, printed materials, or advertisements in radio,
television, cinemas, internet, social media and other electronic forms, billboards, moving
and human advertisements, and ad boards.

SECTION 68.Advertisement of Job Vacancies with Approved Job Orders.— Licensed
recruitment agencies may advertise job vacancies covered by approved job orders of
accredited principals/employers without prior approval from the Administration and
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within the validity of its accreditation. The advertisement shall indicate the following
information:

a. Name, address and POEA license number of the agency;
b. Name, address, POEA registration/accreditation number and worksite of the
accredited principal/employer;
c. Skill categories and qualification standards; and
d. Number of available positions and salaries net of foreign income tax.

SECTION 69. Advertisement for Manpower Pooling. — Licensed recruitment agencies
may advertise for manpower pooling, subject to prior approval of the Administration and
compliance with the following conditions:

a. The advertisement shall indicate the phrases “for manpower pooling only”, “no fees
in any form and/or purpose will be collected from the applicants”, and “beware of illegal
recruiters and human traffickers”, using large font in the advertisement; and
b. The advertisement shall specify the name, address and POEA license number of
the agency, name and worksite of the prospective or accredited principal/employer, and
the skill categories and qualification standards.

SECTION 70. Advertisement for Overseas Job Vacancies by Principals/Employers. —
Accredited principals/employers may advertise overseas job vacancies only through
POEA-licensed recruitment agencies or through the Administration.

SECTION 71.Monitoring of Advertisements. — The Administration shall monitor all
advertisements, and non-compliant advertisements are considered as recruitment
violations which shall be penalized in accordance with the schedule of offenses and
penalties.

RULE X
Illegal Recruitment
SECTION 76. Acts Constituting Illegal Recruitment. — Illegal Recruitment shall mean
any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring
workers and includes referrals, contract services, promising or advertising for
employment abroad, whether for profit or not, when undertaken by a non-licensee or
non-holder of authority contemplated under Article 13(f) of Presidential Decree No. 442,
as amended, otherwise known as the Labor Code of the Philippines: Provided, that any
such non-licensee or non-holder who, in any manner, offers or promises for a fee
employment abroad to two or more persons shall be deemed so engaged.

It shall likewise include the following prohibited acts committed by any person whether
or not a licensee or a holder of authority:

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a. To charge or accept directly or indirectly any amount greater than that specified in
the schedule of allowable fees prescribed by the Secretary or to make a worker pay the
recruiter or its agents or acknowledge any amount greater than that actually loaned or
advanced to him;
b. To furnish or publish any false notice or information or document in relation to
c. To give any false notice, testimony, information or document or commit any act of
Code;
d. To give any false notice, testimony, information or document or commit any act of
misrepresentation for the purpose of documenting hired workers with the POEA, which
include the act of reprocessing workers through a job order that pertains to non-existent
work, work different from the actual overseas work, or work with a different employer
whether registered or not with the POEA;
e. To induce or attempt to induce a worker already employed to quit his/her
employment in order to offer him another unless the transfer is designed to liberate a
worker from oppressive terms and conditions of employment;
f. To influence or attempt to influence any person or entity not to employ any worker
who has not applied for employment through his/her agency or who has formed, joined
or supported, or has contacted or is supported by any union or workers’ organization;
g. To engage in the recruitment or placement of workers in jobs harmful to public
health or morality or to the dignity of the Republic of the Philippines as may be
prohibited by law or duly constituted authority;
h. To obstruct or attempt to obstruct inspection by the Secretary or by his/her duly
authorized representative;
i. To fail to submit reports on the status of employment, placement vacancies,
other matters or information as may be required by the Secretary under penalty of law;
j. To substitute or alter to the prejudice of the worker, employment contract approved
and verified by the DOLE from the time of actual signing thereof by the parties up to and
including the period of the expiration of the same without the approval of the DOLE;
k. For an officer or agent of a recruitment or placement agency to become an officer
or member of the Board of any corporation engaged in travel agency or insurance
agency or to be engaged directly or indirectly in the management of a travel agency or
insurance agency;
l. To withhold or deny travel documents from applicant workers before departure for
authorized under the Labor Code and its implementing rules and regulations;
m. To fail to actually deploy a contracted worker without valid reason as determined by
the DOLE;
n. To fail to reimburse expenses incurred by the worker in connection with his/her
deployment does not actually take place without the worker's fault;
o. To allow a non-Filipino citizen to head or manage a recruitment agency;
p. To arrange, facilitate or grant a loan to an Overseas Filipino Worker with interest
exceeding eight percent (8%) per annum, which will be used for payment of legal and
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allowable placement fees and make the migrant worker issue, either personally or
through a guarantor or accommodation party, postdated checks in relation to the said
loan;
q. To impose a compulsory and exclusive arrangement whereby an Overseas Filipino
Worker is required to avail of a loan only from specifically designated institutions,
entities or persons;
r. To refuse to condone or renegotiate a loan incurred by an Overseas Filipino
Worker after the latter’s employment contract has been prematurely terminated through
no fault of his/her own;
s. To impose a compulsory and exclusive arrangement whereby an Overseas Filipino
Worker is required to undergo health examinations only from specifically designated
medical clinics, institutions, entities or persons, except in the case of a worker whose
medical examination cost is shouldered by the principal;
t. To impose a compulsory and exclusive arrangement whereby an Overseas Filipino
Worker is required to undergo training, seminar, instruction or schooling of any kind only
from specifically designated institutions, entities or persons, except for recommendatory
trainings mandated by principals where the latter shoulder the cost of such trainings;
u. For a suspended recruitment agency to engage in any kind of recruitment activity
including the processing of pending workers’ applications; and
v. For a recruitment agency or a foreign principal/employer to pass on to the
Overseas Filipino Worker or deduct from his/her salary the payment of the cost of
insurance fees, premium or other insurance related charges, as provided under the
compulsory worker’s insurance coverage.

SECTION 77. Independent Administrative Action.— The institution of criminal action is
without prejudice to any administrative action against the licensee or holder of authority
cognizable by the Administration, which could proceed independently of the criminal
action.

PART III
PLACEMENT BY THE PRIVATE SECTOR
RULE I
Accreditation and Registration of Principals/Employers

SECTION 95.Accreditation of Principals/Employers. — The Administration shall
accredit principals/employers. This authority may be delegated to the POLO in
countries/territories where it has jurisdiction. In this regard, the following rules shall
govern:

a. All documents for accreditation shall be verified by the POLO.
b. In the absence of the POLO, the documents shall be duly authenticated by the
Philippine Embassy/consulate which has jurisdiction over the jobsite.
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c. In cases where there is no Philippine Embassy or Consulate in the jobsite,

the principal/employer may submit the documents to the Administration for attestation.

For this purpose, verification shall refer to the procedure being conducted or applied by
the Labor Attaché to ensure that all the employment rights, benefits and welfare of
Filipino migrant workers at the worksite are duly protected. The Labor Attaché shall also
ensure that the employment contracts of Overseas Filipino Workers are consistent with
the prevailing employment laws, standards and practices in both the Philippines and the
host country, and that the documentary requirements for overseas employment as
required by the Administration are complied with.

SECTION 96.Requirements for Accreditation of the Principal/Employer. — The following
are the requirements for accreditation of the principal/employer:

A. General Requirements

1. Recruitment Agreement;
2. Job order indicating the positions, the number of positions required and salary per
position;
3. Copy of valid commercial registration and business license of the principal issued
and authenticated by the chamber of commerce or a relevant government office,
including information on business activities, number of years in operation and
volume/size of current labor force;
4. Master employment contract signed on all pages by the principal or his/her
authorized representative; and
5. Contingency plan as may be applicable.

B. Additional Requirements

B.1. For Foreign Placement Agencies

1. Business license or valid commercial registration of the actual employer hiring
skilled Overseas Filipino Workers;
2. Master employment contract from the employer, signed jointly in all pages by the FPA
and the actual employer or his/her authorized representative;
3. Manpower request from the employer;
4. Service agreement between the FPA and the client/employer;
5. FPAs hiring domestic workers shall be required to put up an escrow account with a
bank authorized by the BangkoSentral ng Pilipinas to handle trust accounts, with
deposit in the amount of Fifty Thousand United States Dollars (USD50,000.00). The
escrow deposit shall answer for all valid and legal claims arising from violations of
contracts of employment; and
6. Undertaking by the FPA/employer to monitor the employment of Overseas Filipino
Workers and to submit a report of significant incidents relative thereto.

B.2. For Staffing/Sourcing Company:
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1. The list of names and addresses of its clients;
2. Manpower request from the client; and
3. Service agreement between the company and its clients.

SECTION 97.Issuance of Accreditation Certificate. — The Administration/POLO shall
issue, upon full compliance with the requirements, a certificate of accreditation duly
signed by an authorized officer, which shall contain the following information:

a. Name of the employer/company;
b. Complete business address, email address, contact number;
c. Name of authorized representative;
d. Validity period; and
e. Date of issuance.

SECTION 98.Registration of Principal/Employer.— The POEA shall
register a principal/employer duly accredited by the POLO upon submission of the
certificate of accreditation by the POLO, including the supporting documents.

Section 99.Registration of POCB-registered Projects.— The Administration shall
register POCB-registered projects upon submission of the following requirements:

a. Project authorization from POCB including manpower requirement of the project,
compensation, and mobilization schedule; and
b. Master employment contract.

SECTION 100.Validity of Accreditation. — The accreditation shall be valid for four
(4) years.

SECTION 101.Suspension of Accreditation by the POLO. — The POLO may suspend
accreditation based on any of the following grounds:

a. Unjustified refusal to assist/repatriate distressed Overseas Filipino Worker/s;
b. Deliberate violation/non-compliance of the principal/employer with its contractual
obligations to its hired Overseas Filipino Worker/s;
c. Continued processing and deployment of the Overseas Filipino Workers for the
principal/employer will lead to the further exploitation of any or all of its applicants
and Overseas Filipino Workers or pose imminent danger to the lives and safety of
its Overseas Filipino Worker/s; or
d. When found to have hired and employed an Overseas Filipino Worker who is either
a minor or below the prescribed minimum age requirement.

SECTION 102.Procedures for Suspension of Accreditation.— Upon receipt of the
advice or complaint or report of an alleged violation, the POLO shall require the
principal/employer to comment in writing within two (2) days from receipt of the POLO
advice, complaint or report.
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After evaluating the comment submitted by the principal/employer, and the POLO has
determined that there exists a valid ground for suspension of accreditation, the POLO
shall issue a notice of suspension. The suspension of accreditation may be imposed for
a maximum period of sixty (60) days, which may be lifted upon satisfactory settlement
of Overseas Filipino Worker’s claim/s or upon compliance with the conditions for lifting
the suspension.

The principal/employer may file an appeal from the denial of the lifting of the suspension
before the DOLE. The appeal shall be filed through the POLO within fifteen (15) days
from receipt of the denial.

The POLO shall notify the Administration of the suspension of the accreditation imposed
against the principal/employer. The POLO may also recommend the filing of a
disciplinary action case against the principal/employer before the Administration.

If the case against the principal/employer is filed before the POEA, the procedure shall
be governed by the rules on disciplinary action cases against a principal/employer.

SECTION 103.Effect of Suspension of Accreditation by the POLO.— The suspension of
accreditation by the POLO shall have the effect of suspending the documentary
processing of the principal/employer at the POLO and the Administration.

SECTION 104.Revocation of Accreditation and Registration.— The POLO or the
Administration shall automatically revoke the accreditation of a principal/employer on
any of the following grounds:

a. Expiration of the principal’s/employer’s business license or cessation of business
or recruitment activity, after a period of one (1) year from expiration or cessation;
b. Upon written mutual agreement by the principal/employer and the licensed
recruitment agency to terminate the agreement;
c. When the principal/employer is meted the penalty of disqualification from
participation in the overseas employment program; and
d. Failure to comply with the undertaking submitted as requirement for accreditation.

SECTION 105.Procedure for Revocation/Cancellation of Accreditation by the POLO.
— The following procedures shall apply in the revocation/cancellation of accreditation:

a. Upon the existence of any of the foregoing grounds for revocation/cancellation of
accreditation, the POLO shall verify/communicate with the principal/employer
and licensed recruitment agency, and require them to submit their comments within a
period of five (5) days from receipt of the POLO notice;
b. Upon receipt of the comments, the POLO shall evaluate the merits of the response
of the principal/employer and licensed recruitment agency. Failure of the concerned
parties to comment within the prescribed period shall be construed as a waiver, and the
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POLO shall immediately proceed with the investigation based on the available records;
and
c. After evaluation of the comments and the available documents, the POLO shall
render a decision. In case of revocation/cancellation of accreditation, the POLO
shall immediately notify in writing the concerned parties and the Administration.

SECTION 106.Validity of Manpower Request/Job Order.— Job orders approved by the
Administration shall be valid for a period of two (2) years, subject to revalidation for
another two years upon confirmation of the principal/employer.

SECTION 107. Renewal of Accreditation. — The accreditation may be renewed at the
request of the principal/employer or licensed recruitment agency and upon submission
of the following:

a. Reconfirmed recruitment agreement; and
b. Revalidated or new job order.

SECTION 108.Dual/Multiple Accreditation of Principal/Employer. — A principal which is
a foreign placement agency may be accredited to only two (2) licensed recruitment
agencies, while an employer may be accredited up to a maximum of five (5) licensed
recruitment agencies, provided that:

a. A uniform or upgraded compensation package shall be adopted by the
principal/employer and the agencies for the same project in the same job site;
b. The principal/employer has a new job order of at least one hundred (100) workers
for the same project in the same job site as verified by the POLO, or
the principal/employer must have hired and employed at least one hundred (100)
workers for the same project in the same job site within a period of one year
immediately preceding the request for dual/multiple registration/accreditation; and
c. The principal/employer shall submit an undertaking that it will comply with all its
obligations to other licensed recruitment agencies to which it is currently accredited.

SECTION 109.Transfer of Accreditation. — The accreditation of a principal/employer
may be transferred to another licensed recruitment agency, provided, that:

a. There is no downgrading of the compensation package adopted by the principal
with the licensed recruitment agency to which it is currently/previously accredited;
b. The transferee agency shall assume full and complete responsibility for all
contractual obligations of the principal/employer to the Overseas Filipino Workers
originally recruited and deployed by the former licensed recruitment agency, by
submitting to the POLO or to the Administration, as the case may be, an undertaking to
that effect; and
c. The principal/employer must have no pending disciplinary action case.

For this purpose, any accreditation within six (6) months immediately following its
cancellation by the principal/employer shall be deemed a transfer of accreditation.
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SECTION 110. Action on Applications for Transfer of Accreditation of a
Principal/Employer with Outstanding Obligations. — Money claims or obligations arising
out of their recruitment agreement shall not prevent the POLO or the Administration
from acting on the request for registration or accreditation, if public interest so requires.

SECTION 111. Accreditation of Principal/Employer in Countries Covered by a Special
Agreement. — The accreditation of a principal/employer in countries covered by any
special agreement entered into by the Philippine government shall be in accordance
with guidelines prescribed by the Administration.

SECTION 112.Suspension of the Authority of the POLO to Accredit Principal/Employer.
— The authority granted to POLO by the POEA to accredit principal/employer may be
suspended by the Administrator when there is evidence of persistent/habitual
negligence resulting in erroneous accreditation on any of the following grounds:

a. Accreditation which is not in compliance with the POEA Rules and Regulations
on principal/employer accreditation;
b. Non-compliance with established POLO verification procedures; or
c. Accreditation of a watchlisted principal/employer.

The International Labor Affairs Bureau (ILAB)/DOLE shall be duly notified of such
suspension for its appropriate action.

SECTION 113.Lifting of Suspension. — The Administrator may, upon recommendation
by the ILAB-DOLE, reinstate the authority to accredit a principal/employer.

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8. RA no. 10801, Overseas workers welfare act
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two
thousand fifteen.
[REPUBLIC ACT NO. 10801]
AN ACT GOVERNING THE OPERATIONS AND ADMINISTRATION OF THE

OVERSEAS WORKERS WELFARE ADMINISTRATION
Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:
CHAPTER I
TITLE, POLICY AND OBJECTIVES
SECTION 1. Short Title. – This Act shall be known as the “Overseas Workers Welfare
Administration Act”.
SEC. 2. Declaration of Policy. – It is the policy of the State to afford full protection to
labor, local and overseas, organized and unorganized, and promote full employment
opportunities for all. Towards this end, it shall be the State’s responsibility to protect the
Overseas Filipino Workers (OFWs).
The Overseas Workers Welfare Administration (OWWA) shall be one of the principal
agencies of the State to serve and promote the rights, interest and welfare of the OFWs
and their families.
Welfare assistance, services, and programs provided by the OWWA shall be gender-
responsive, taking into consideration the different impacts of labor migration to men and
women.
SEC. 3. Objectives. – This Act is enacted to provide guidelines on matters concerning

the OWWA, its mandate, purposes and objectives, membership, collection of
contributions, and availment of benefits and services. This Act also embodies the
policies on fund management, programs and services administration.
CHAPTER II
NATURE, SCOPE AND FUNCTIONS OF THE OWWA
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SEC. 4. Nature of the OWWA. – The OWWA is a national government agency vested
with the special function of developing and implementing welfare programs and services
that respond to the needs of its member-OFWs and their families. It is endowed with
powers to administer a trust fund to be called the OWWA Fund. Being a chartered
institution, the OWWA shall not fall under any of the following categories: government
instrumentalities with corporate powers (GICPs), government corporate entities (GCEs),
government financial institutions (GFIs) and/or government-owned or -controlled
corporations (GOCCs).
The OWWA shall be an attached agency of the Department of Labor and Employment
(DOLE). Its officials and employees are covered by the Salary Standardization Law.
SEC. 5. Scope. – This Act shall apply to the OWWA, the OWWA Secretariat, the
OWWA Fund, to its member-OFWs and those who will avail of the voluntary
membership program of the OWWA, and to overseas recruitment/manning
agencies/employers who are duly registered with the Philippine Overseas Employment
Administration (POEA).
SEC. 6. Functions. – The OWWA shall exercise the following functions:
(a) To protect the interest and promote the welfare of member-OFWs in all phases of
overseas employment in recognition of their valuable contribution to the overall national
development effort;
(b) To facilitate the implementation of the provisions of the Labor Code of the
Philippines (Presidential Decree No. 442, as amended) and the Migrant Workers and
Overseas Filipinos Act of 1995 (Republic Act No. 8042, as amended), concerning the
responsibility of the government to promote the well-being of OFWs. Pursuant thereto,
and in furtherance thereof, it shall provide legal assistance to member-OFWs;
(c) To provide social and welfare programs and services to member-OFWs, including
social assistance, education and training, cultural services, financial management,
reintegration, and entrepreneurial development services;
(d) To provide prompt and appropriate response to global emergencies or crisis

situations affecting OFWs and their families;
(e) To ensure the efficiency of collections and the viability and sustainability of the
OWWA Fund through sound, judicious, and transparent investment and management
policies;
(f) To undertake studies and researches for the enhancement of the social, economic,
and cultural well-being of member-OFWs and their families;
(g) To develop, support and finance specific projects for the welfare of member-OFWs
and their families; and
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(h) To ensure the implementation of all laws and ratified international conventions within
its jurisdiction.
CHAPTER III
DEFINITION OF TERMS
SEC. 7. Definition of Terms. – As used in this Act:
(a) Compensation refers to the basic pay or salary received by an officer or employee of
the OWWA, pursuant to the official appointment, excluding per diems, bonuses,
overtime pay, honoraria, allowances and any other emoluments received that are not
integrated into the basic pay under existing laws;
(b) Contribution or membership fee refers to the amount paid to the OWWA by the
employer or by an OFW in accordance with the provisions of this Act;
(c) Dependent refers to any of the following:
(1) The legal spouse;
(2) The legitimate, illegitimate, legitimated, and legally adopted child, who is unmarried,
not gainfully employed, and not over the age of majority, or is over the age of majority
but incapacitated and incapable of self-support due to a mental or physical defect; and
(3) The parents who rely primarily upon the member-OFWs for support;
(d) Non-active OWWA member refers to an OFW whose OWWA membership has
expired;
(e) Non-OWWA member refers to an undocumented OFW and who has not availed of
the voluntary membership of the OWWA;
(f) OWWA member refers to an OFW with a paid contribution or membership fee;
(g) Overseas Filipino Worker (OFW) refers to a person who is to be engaged, is

engaged, or has been engaged in a remunerated activity in a State of which the person
is not a citizen, or on board a vessel navigating the foreign seas other than a
government ship used for military or noncommercial purposes, or on an installation
located offshore or on the high seas; and
(h) Voluntary OWWA member refers to the OFW who has availed of the voluntary
membership of the OWWA at job sites or through electronic registration.
CHAPTER IV
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MEMBERSHIP, CONTRIBUTION AND COLLECTION
SEC. 8. Registration of Membership. – Membership in the OWWA may be obtained in

two (2) ways:
(a) By compulsory registration upon processing of employment contracts of OFWs at

the POEA; and
(b) By voluntary registration of OFWs at job sites, or through electronic registration.
SEC. 9. Amount of Contribution and Effectivity of Membership. – Membership in the

OWWA, either through the compulsory or voluntary coverage, shall be effective upon
payment of membership contribution in the amount of twenty-five US dollars (US$
25.00) or its equivalent in the prevailing foreign exchange rates. Such membership shall
be considered active until the expiration of the OFWs existing employment contract or
after two (2) years from contract effectivity, whichever comes first.
In case of voluntary registration, membership shall be considered active until the

expiration of the OFWs existing employment contract or after two (2) years from the
date of voluntary registration, whichever comes first.
The OWWA shall be allowed to collect a subsequent membership contribution from the
member-OFW only after every two (2) years from the last membership contribution
made.
SEC. 10. Power of the Board to Adjust the Membership Contribution. – Based on
actuarial studies and taking into consideration the welfare and interest of the member-
OFWs, the OWWA Board may adjust or modify the amount of membership contribution.
SEC. 11. Proof of Membership. – Upon payment of the required contribution, an OWWA
member shall be issued an official receipt, an OWWA E-Card, identification card, or
other proof of membership. No additional or extra charges shall be levied on the
member-OFW.
The OWWA shall maintain a comprehensive database of member-OFWs, which shall

be updated regularly.
SEC. 12. Separate Accounting of Land-Based and Sea-Based Members’ Contributions.

– For a more effective financial management, the membership contributions of land-
based and sea-based members shall be accounted for in two (2) separate books of
accounts.
SEC. 13. Authorized Collecting Officers. –
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(a) Membership contributions shall be collected by duly authorized OWWA collecting

officers, deputized collecting officers, or accredited collecting agents. The collection of
membership contributions shall be made at the POEA contract processing hub, OWWA
regional and overseas offices, and other accredited collection centers.
(b) In case of voluntary members who register at the job site, membership contributions
shall be made directly to the OWWA Overseas Offices located in the respective foreign
service posts of the Philippines.
SEC. 14. Reportorial Requirements. – The collecting officer, deputized collecting officer,
or the accredited collecting agent shall prepare and submit the required monthly reports
to the OWWA Central Office in the Philippines.
SEC. 15. Handling, Deposit and Remittance of Collection. – The OWWA shall ensure
that the handling, deposit and remittance of collections shall be in accordance with the
existing rules and regulations of the Commission on Audit (COA), Department of Budget
and Management (DBM), and other concerned agencies.
SEC. 16. Sanctions for Erring Officers. – Corresponding administrative sanctions and
other disciplinary measures, including recall from post, suspension, or separation from
service, shall be imposed upon any officer who violates Sections 14 and 15 of this Act.
SEC. 17. Prohibition Against Discrimination on Membership. – No OFW shall be denied

membership to the OWWA by reason of age, gender, religious belief, or political
affiliation. The OWWA shall take affirmative steps to enhance the access of OFWs to its
programs and services.
SEC. 18. Payment of Contribution or OWWA Fee by Employer. – Contributions to the

OWWA Fund must be paid by the employers or principals, or in their default, by the
recruitment/manning agency in the case of new hires. The POEA shall ensure that this
stipulation is made an integral part of the overseas employment contract.
SEC. 19. Penalty for Violation by Recruitment/Manning Agency. – Violation by a

recruitment/manning agency of the preceding section shall constitute an offense
punishable by revocation of its license and all its officers and directors shall be
perpetually disqualified from engaging in the business of recruitment/placement of
overseas workers. Such penalty is without prejudice to any other liability which the
officers and directors may have incurred under existing laws, rules and regulations.
CHAPTER V
THE OWWA BOARD OF TRUSTEES
SEC. 20. The OWWA Board of Trustees. – To carry out the purposes of this Act, the
OWWA shall be directed and controlled by a Board of Trustees which shall act as its
policy-making body. It shall be composed of the following members:
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(a) Secretary of Labor and Employment, as Chairperson;
(b) OWWA Administrator, as Vice Chairperson;
(c) Secretary of Foreign Affairs;
(d) Secretary of Finance;
(e) Secretary of Budget and Management;
(f) POEA Administrator;
(g) Two (2) representatives from the land-based OFWs who are nominated and
appointed in accordance with the provisions of Republic Act No. 8042, as amended by
Republic Act No. 10022;
(h) Two (2) representatives from the sea-based. OFWs who are nominated and
appointed in accordance with the provisions of Republic Act No. 8042, as amended by
Republic Act No. 10022;
(i) One (1) representative from the women sector who is nominated and appointed in
accordance with the provisions of Republic Act No. 8042, as amended by Republic Act
No. 10022;
(j) One (1) representative from the land-based recruitment sector who is selected from
among the various associations of registered overseas placement and recruitment
agencies based in the Philippines, who shall be appointed by the President of the
Philippines to serve a single term of three (3) years; and
(k) One (1) representative from the sea-based manning sector, who is selected from
among the various associations of registered overseas placement and manning
agencies based in the Philippines, who shall be appointed by the President of the
Philippines to serve a single term of three (3) years.
The Trustees holding office as members of the OWWA Board at the time of the
effectivity of this Act shall continue to serve until the expiration of their term of
appointments.
In case of vacancy in any of the appointive positions in the OWWA Board, the vacancy
shall be filled by the subsequent nomination of the respective sector concerned, in the
same manner as the selection of the predecessor. Such successor shall hold office for
the unexpired term.
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SEC. 21. Per Diem. – The members of the OWWA Board shall not receive any
compensation but shall be provided with per diem at rates allowed under existing rules
and regulations.
SEC. 22. Responsibilities and Powers of the Board of Trustees. – The Board shall
exercise the following specific powers and duties:
(a) To define the thrusts of the OWWA and adopt policy guidelines to ensure their
implementation;
(b) To preserve the integrity of the OWWA Fund;
(c) To approve programs, projects, and the organizational structure of the OWWA
Secretariat;
(d) To modify or adjust the membership contribution and other necessary charges
based on periodic reviews and actuarial studies, subject to due consultation with OFWs
or nongovernment organizations (NGOs) advocating the protection of the rights and
welfare of OFWs and their families;
(e) To formulate rules and regulations governing financial transactions and prepare the
annual and supplemental budget of the Secretariat for submission to the DBM;
(f) To formulate rules and regulations governing the conduct and discipline of OWWA
officials and employees in accordance with civil service rules;
(g) To ensure the efficiency of collection and the viability and sustainability of the fund
through sound and judicious investment and fund management policies;
(h) To receive and appropriate all sums to carry out the purposes and functions of the
OWWA;
(i) To authorize the construction or repair of its buildings, machinery, equipment and
other facilities, and the purchase and acquisition of real and personal properties,
including the necessary supplies, materials and equipment;
(j) To receive in trust legacies, gifts and donations of real and personal property of all
kinds, and to administer and dispose the same when necessary for the benefit of the
OWWA general membership and subject to the instructions of the donor, if any;
(k) To delegate any of its powers to the Chairperson of the Board or to the Administrator
of the OWWA Secretariat in case of any national emergency that affects the rights and
welfare of its member-OFWs and their families;
(l) To prescribe such general policies, rules and regulations, not contrary to law,
consistent with the purposes of the OWWA subject to due consultation with OFWs or
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NGOs advocating the protection of the rights and welfare of OFWs and their families;
and
(m) To exercise such, powers as may be proper and necessary to carry out the
objectives of this Act.
CHAPTER VI
BOARD MEETINGS, PROXIES, AND RECORDS MANAGEMENT
SEC. 23. Schedule of Meetings. – The regular meetings of the Board shall be held
every last Friday of the month. If a change of date becomes necessary, the meetings
shall be held at the most convenient time set by the Board.
Special Board meetings and executive meetings may be scheduled as the need arises.
Special Board meetings may be called upon by the Chairperson or upon the instance of
five (5) members of the Board.
SEC. 24. Proceedings of the Board. – The proceedings of the Board shall be governed
by the following rules:
(a) Notice of Meetings – The Board Secretary shall distribute to all members of the
Board the notice of meeting, together with the discussion materials, at least three (3)
working days prior to the scheduled meeting;
(b) Quorum – In determining the existence of a quorum, the Board shall adopt the
simple majority rule or one-half (1/2) of the total filled Board seats plus one (1);
(c) Voting – For the approval of any policy requiring the disbursement of at least one
hundred million pesos (P100,000,000.00) of the OWWA Fund, an affirmative vote of the
absolute majority of all the members shall be required. For the approval of all other
policies, an affirmative vote of a majority of the members present constituting a quorum
shall be necessary;
(d) Attendance in Board Meetings – Board members are responsible for attending all
Board meetings. The ex officio members of the Board of Trustees may designate in
writing their permanent alternate who shall have voting power. The Board shall install
teleconferencing facilities in order to muster a quorum during Board meetings;
(e) Presiding Officer – The Chairperson shall preside over meetings of the Board. In the
absence of the Chairperson, the Vice Chairperson shall preside;
(f) Board Resolution – All decisions of the Board shall be expressed in the form of
Resolutions and shall take effect upon adoption and signing by all the members
present, subject to requisite publication, as may be required by existing laws, rules and
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regulations; Provided, That resolutions may be modified or superseded by another

resolution; and
(g) Records Management and Archiving of Board Documents – The Board Secretary
shall ensure a complete and thorough recording of all proceedings during a Board
meeting. The minutes of the previous meeting shall be made available for approval
during the succeeding scheduled Board meeting.
The minutes of the meeting shall contain the attendance, business arising from the
minutes of the previous meeting, agreements reached, corresponding resolutions, other
items noted or discussed, and instructions issued by the Board.
All minutes of meetings and Board Resolutions, tape recordings, and other documents
pertaining to the business of the Board shall be kept and archived pursuant to standard
records management systems, procedures and shall be made accessible to the public
at all times.
CHAPTER VII
OWWA SECRETARIAT
SEC. 25. The OWWA Secretariat. – The OWWA Secretariat shall be the implementing
arm of the OWWA.
SEC. 26. Duties and Responsibilities of the OWWA Secretariat. – The OWWA
Secretariat shall perform and assume the following duties and responsibilities:
(a) To implement all decisions and policies promulgated by the Board including
investment and fund management;
(b) To manage programs and implement the delivery of welfare services to its members,
both local and overseas, supported by advocacy and information campaign programs;
(c) To formulate medium-term development plans responsive to the welfare, needs, and
demands of member-OFWs;
(d) To submit work and financial plans for Board consideration;
(e) To provide policy analyses and recommendations for Board consideration;
(f) To conduct continuing research and studies, including impact evaluation, in aid of
policy and program development;
(g) To regularly monitor and conduct assessment and evaluation of organizational

performance;
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(h) To establish and maintain an on-line management information system, which shall
include a database on membership;
(i) To establish and maintain linkages and networks with social and institutional
partners, both local and international;
(j) To submit written quarterly reports on the assessment and evaluation of programs,
projects and services, and such other reports as maybe required by the Board;
(k) To conduct an annual planning, budgeting and organizational performance

assessment, and render the corresponding report to the Board;
(l) To submit annual reports to the Board, the Congress and the President of the
Philippines;
(m) To undertake a periodic review of programs, standards, thrusts, and policies;
(n) To perform other functions as may be instructed by the Board; and
(o) To adopt internal rules of procedure consistent with the provisions of this Act.
SEC. 27. The OWWA Administrator. – The management and supervision of the OWWA
shall be vested in the Administrator. As the Chief Executive Officer of the Secretariat,
the Administrator shall oversee the overall operations of the Secretariat, which shall
include the general supervision and control of all its personnel and resources, and the
assumption of full responsibility and accountability thereof.
The Administrator must possess good leadership and managerial skills, and shall be
appointed by the President of the Philippines. The Administrator shall report to the
President, through the Secretary of the DOLE, and shall perform the duties and
functions stated in this Act and all the necessary and related functions of the office of
the Administrator, subject to the policies and rules prescribed by the OWWA Board.
SEC. 28. The Deputy Administrators. – Two (2) Deputy Administrators shall assist the
Administrator in the management and supervision of operations of the OWWA. There
shall be one (1) Deputy Administrator for Administration and Fund Management, and
one (1) Deputy Administrator for Operations. They shall also be appointed by the
President upon the recommendation of the Administrator. They must also possess good
leadership and managerial skills. The Board may assign specific functional
responsibilities to the Deputy Administrators.
SEC. 29. Regional and On-site Welfare Offices. – The OWWA shall maintain Regional
and On-site Welfare Offices under the Philippine Overseas Labor Offices (POLOs) of
the DOLE.
CHAPTER VIII
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PERSONNEL AND STAFFING PATTERN
SEC. 30. Authority of the Board to Reorganize the Administration. – Notwithstanding the
provisions of existing laws, the OWWA Board shall conduct a management audit within
one hundred twenty (120) days from the effectivity of this Act and submit to the DBM a
proposed reorganization plan of the OWWA not later than one (1) year after the audit,
subject to the limitations provided under this Act and based on the following criteria:
(a) Increased OWWA visibility from the head office to the various regional offices, and
by the appointment and assignment of personnel to positions that are purely
administrative, technical, clerical in nature, and other positions that are not actually and
directly related to its operation and administration; and
(b) Efficient and optimized delivery of OWWA services to the OFWs and their respective
families. The OWWA shall ‘endeavor to assign its representatives in every foreign post
of the Philippines to, among others, ensure the provision of services to member-OFWs
and the promotion of voluntary membership to non-members.
SEC. 31. Qualifications Upgrading Program. – The OWWA Board shall design and
establish a qualifications upgrading program for the staffing of the OWWA, in
coordination with the DOLE and the Civil Service Commission (CSC), within one
hundred twenty (120) days from the effectivity of this Act: Provided, That those who are
already in the service from the effectivity of this Act shall have, not later than five (5)
years, obtained the required academic degree and/or qualifications counted from the
implementation of the qualifications upgrading program: Provided, further, That those
who are already in the service from the effectivity of this Act shall have, not later than
one (1) year, obtained the necessary CSC qualification required for the position they are
currently holding: Provided, finally, That said personnel have obtained at least a
satisfactory performance rating.
SEC. 32. New Structure and Staffing Pattern. –
(a) The new structure and staffing pattern for the OWWA shall be prescribed by the
OWWA Board and shall be submitted to the Secretary of the DBM for approval. The
salaries and benefits of all personnel shall be in accordance with existing compensation
laws.
(b) The current officials and employees of the OWWA, as organized under Letter of
Instruction No. 537 and Presidential Decree No. 1694, as amended by Presidential
Decree No. 1809, and renamed under Executive Order No. 126, series of 1987, and
OWWA Board Resolution No. 001, series of 2004, shall be appointed, reappointed, or
transferred to the appropriate unit in the new OWWA organizational structure, as
determined by the Board, and subject to the qualifications provided in Section 31 of this
Act. There shall be no gender discrimination, no demotion in ranks and positions and no
diminution in salaries, benefits, allowances and emoluments of all OWWA personnel.
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SEC. 33. General Qualifications for Appointment. – The general qualifications for
appointment of OWN A personnel shall be in accordance with the minimum qualification
standards requirements set by the CSC. The OWWA may hire experts in actuarial
studies, information technology, finance and investment, and such other fields as may
be deemed necessary in the implementation of its programs and services.
CHAPTER IX
OWWA BENEFITS AND SERVICES
SEC. 34. Guiding Principles. – Pursuant to its mandate, the OWWA shall provide
gender-responsive reintegration programs, repatriation assistance, loan and credit
assistance, on-site workers assistance, death and disability benefits, health care
benefits, education and skills training, social services, family welfare assistance,
programs and services for women migrant workers and other appropriate programs that
provide timely social and economic services.
Nothing in this Act shall be construed as a limitation or denial of the right of an OFW to
avail of any benefit plan which may be adopted in the employment contract, or offered
voluntarily by employers, or by the laws of the receiving country, over and above those
provided under this Act.
SEC. 35. Benefits and Services to OFWs. –
(a) Reintegration of OFWs. – The reintegration of OFWs, taking into consideration the
needs of women migrant workers, shall be one of the core programs of the OWWA. In
this regard, and for purposes of policy and program coordination, the National
Reintegration Center for OFWs created under Republic Act No. 10022 shall be an
attached office of the OWWA. It shall be headed by an Executive Director who shall be
under the supervision of the OWWA Administrator.
To be able to sustain the viability of this program, not less than ten percent (10%) of
OWWA’s collection of contribution for the immediately preceding year shall be allocated
annually for the reintegration program,
(b) Repatriation Assistance. – Consistent with the provisions of Republic Act No. 8042,
as amended, the OWWA shall assist the Department of Foreign Affairs in providing
OFWs with services necessary to facilitate repatriation, as may be required.
(c) Loan and Other Credit Assistance. – The OWWA shall provide low-interest loans to
member-OFWs. It shall have the authority to hire experts in finance or banking to assist
in implementing the said loan programs.
(d) Workers Assistance and On-site Services. – The OWWA shall sustain and maintain
assistance to member-OFWs in all its overseas and regional offices. Services shall be
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gender-responsive and shall include information regarding the names, occupation/job

categories and addresses of the member-OFWs; legal assistance providing guidance
and information on protection of migrant rights, including the prevention of gender-
based violence; developing materials for the predeparture orientation seminars;
conducting psycho-social counseling services; conciliation services; appropriate
services and intervention for victims of gender-based violence, and outreach missions,
among others. The OWWA shall likewise make competent representations with
employers, agents, and host government authorities to assist member-OFWs in
obtaining relief from grievances and work-related issues, including claims for unpaid
wages, and illegal recruitment cases among others.
(e) Social Benefits. – A member-OFW shall be covered with the following social
benefits:
(1) Death and Disability Benefits:
(i) Death Benefits. – A member shall be covered with life insurance for the duration of
his or her employment contract. The coverage shall include one hundred thousand
pesos (P100,000.00) for natural death and two hundred thousand pesos (P200,000.00)
for accidental death;
(ii) Disability and Dismemberment Benefits. – Disability and dismemberment benefits

shall be included in a member’s life insurance policy, as provided for in the impediment
schedule contained in the OWWA Manual of Systems and Procedures. The coverage is
within the range of two thousand pesos (P2,000.00) to fifty thousand pesos
(P50,000.00);
(iii) Total Disability Benefit. – In case of total permanent disability, a member shall be
entitled to one hundred thousand pesos (P100,000.00); and
(iv) Burial Benefit. – A burial benefit of twenty thousand pesos (P20,000.00) shall be
provided in case of the member’s death.
Based on actuarial studies, the Board may increase the amount of the abovementioned
benefits.
(2) Health Care Benefits. – Within two (2) years from the effectivity of this Act, the
OWWA shall develop and implement health care programs for the benefit of member-
OFWs and their families, taking into consideration the health care needs of women as
provided for in Republic Act No. 9710, or the Magna Carta of Women, and other
relevant laws.
(3) Education and Training Benefits. – A member, or the member’s designated

beneficiary, may avail any of the following scholarship programs, subject to a selection
process and accreditation of participating institutions:
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(i) Skills-for-Employment Scholarship Program. – For technical or vocational training

scholarship;
(ii) Education for Development Scholarship Program. – For baccalaureate programs;

and
(iii) Seafarers’ Upgrading Program. – To ensure the competitive advantage of Filipino

seafarers in meeting competency standards, as required by the International Maritime
Organization (IMO), International Labor Organization (ILO) conventions, treaties and
agreements, sea-based members shall be entitled to one upgrading program for every
three (3) membership contributions.
The annual scholarship lists of all these programs shall be submitted to the Board.
SEC. 36. New Programs, Interactive Website and Extension of Services. – The OWWA
shall continue to develop and implement new programs to meet new OFW needs and
requirements as they arise, and to assess the effectiveness of existing services and
benefits in serving the welfare of OFWs.
The OWWA shall also maintain an interactive website to collect OFW feedbacks,
comments, suggestions, and complaints on existing programs and services.
The OWWA may also extend appropriate programs or services to non-members, as

may be determined by the Board.
CHAPTER X
THE OWWA TRUST FUND
SEC. 37. The OWWA Fund. – The Welfare Fund for Overseas Workers created under
Letter of Instruction No. 537 and Presidential Decree No. 1694, as amended by
Presidential Decree No. 1809, is hereinafter referred to as the OWWA Fund. The
OWWA Fund is a private fund held in trust by the OWWA. Being a trust fund, no portion
thereof or any of its income, dividends or earnings shall accrue to the general fund of
the National Government. Neither shall any amount or portion thereof be conjoined with
government money, nor revert to the National Government. In the same manner, it is
exempted from the “one fund doctrine” of the government.
SEC. 38. Purpose of the OWWA Fund. – The OWWA Fund can only be used for the
purposes for which it was created, that is, to serve the welfare of member-OFWs and
their families which shall include the financing of core programs and services of the
OWWA.
No funds shall be withdrawn from the OWWA Fund to respond, aid, supplement, or in
any manner augment any required expenditure by other government agencies.
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SEC. 39. Source of the OWWA Fund. – The OWWA Fund is the sum total of the
amounts under the management and fiscal administration of the OWWA Board and the
Secretariat, including the twenty-five US dollars (US$25.00) contributions that shall
accrue to the Fund as fees, investment and interest income, and income from other
sources.
SEC. 40. Disbursement of the OWWA Fund. – Any provision of existing law to the
contrary notwithstanding, all incomes generated by the OWWA shall, upon their
collection, be retained by the OWWA and disbursed at the discretion of the Board for
providing services and other benefits of the OWWA general membership and their
families.
SEC. 41. Trustees of the Fund. – The Board is designated as the trustee of the OWWA
Fund. It is bound by a fiduciary duty to manage the Fund with extraordinary diligence
and with utmost skill, care and judiciousness.
SEC. 42. Transparency. – The OWWA Fund shall be managed with full transparency
and full public disclosure. The OWWA shall make available all records of how the funds
are utilized, disbursed, and invested, in accordance with existing laws.
SEC. 43. Reporting of the OWWA Fund Collection and Utilization. – Within fifteen (15)
days after receipt of audited reports from the COA, the OWWA Board of Trustees shall
submit to the Congress and the President of the Philippines a report showing the total
collections of, and the disbursements from, the OWWA Fund and shall publish the
electronic copy of the report and make them available online, in a format that is
searchable, accessible and useful to the public.
CHAPTER XI
INVESTMENT ADMINISTRATION: SAFEGUARDS
SEC. 44. Safeguards of the OWWA Fund; Acquired Assets; Unredeemed Investments.
–
(a) The OWWA Fund shall be managed and expended in accordance with the purposes
stipulated in this Act and safeguarded against any possible loss and misuse.
The OWWA shall ensure an appropriate growth rate in the Fund sufficient to sustain the
growing needs of member-OFWs. It shall periodically conduct an inventory of its
investment instruments and ensure that they are properly kept at a government bank
under a custodianship agreement.
A monthly report on all investment schedules showing the interest rates, yields, discount
rates, and other relevant data, shall be submitted to the Board.
(b) The OWWA shall administer all properties, acquired or foreclosed.
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To ensure that the properties are safeguarded and preserved, the same must be
properly accounted for and documented, reinspected, reappraised, and insured.
An asset development/disposal plan shall be submitted by the Administrator for the

consideration of the Board.
Foreclosed properties shall be registered as OWWA assets within one (1) month after
foreclosure.
(c) Unredeemed investments and other receivables shall be inventoried semi-annually

and corresponding redemption plan shall be submitted to tide Board. All receivables
shall be supported by documents appropriately acknowledged by the accountable party.
SEC. 45. General Investment Policy. – Upon approval of the Board, all OWWA
investments shall be placed only in government securities and bonds which provide
optimum earnings, liquidity and protection of the Fund. Portfolio management of
investible funds shall be outsourced to GFIs.
SEC. 46. Examination and Valuation of the Funds. – The OWWA shall make a periodic
actuarial examination and valuation of its funds in accordance with accepted actuarial
principles.
CHAPTER XII
FISCAL AND BUDGET POLICY: MANAGEMENT OF OWWA FUND
SEC. 47. Budget for Benefits and Services. – The annual budget for benefits and
services to OWWA members and their families shall be sourced from the OWWA funds.
SEC. 48. Budget Preparation and Approval. – In preparing the annual budget for
benefits and services, the OWWA shall follow the national government budget system,
format and cycle.
The Board shall approve the annual budget, by a majority vote of all its members.
SEC. 49. Reenacted Budget. – In case the proposed annual budget sourced from the
OWWA Fund has not been approved by the Boar d at the start of the year, the OWWA
shall operate within the budget level of the previous year allocated on a month-to-month
basis. All savings realized in the previous year shall be deducted from the current year’s
budget.
SEC. 50. Budget Realignment. – Realignment of funds sourced from the OWWA Fund
including adjustments in targets shall be submitted to the Board for approval. Similarly,
in the event that extraordinary circumstances may occur which require sourcing of
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additional funds from the OWWA Fund beyond the coverage of the approved budget,
the same shall be submitted to the Board for approval.
SEC. 51. Branch Accounting System; Financial Reports; Auditing Procedures; Annual
Reports. – The OWWA Regional Units shall maintain their respective books of accounts
which shall be consolidated by the central office.
The OWWA shall install sound internal control and monitoring systems and submit
quarterly prescribed Financial Statements to the COA, such as income statement,
balance sheet, and cash flow as prescribed in post auditing reports by the COA.
The OWWA Secretariat shall submit a monthly fund utilization report to the Board,
copies of which shall be made available to Congress. It shall also submit an Annual
Report on its overall performance for the previous year within the first sixty ‘ (60) days of
the following year to the OWWA Board, the Congress and the President of the
Philippines, through the DBM.
SEC. 52. Chart of Accounts. – The OWWA shall adopt the appropriate and standard
chart of accounts as prescribed by the COA
CHAPTER XIII
APPROPRIATION FROM THE NATIONAL GOVERNMENT
SEC. 53. Appropriation from the National Government. – The amount needed to carry
out the initial implementation of this Act shall be charged against the current operative
budget sourced from the internal funds of the OWWA. Thereafter, such lump sum
representing the responsibility of the National Government for the continued operations
and maintenance of the OWWA shall be included in the annual General Appropriations
Act (GAA).
Congress shall annually appropriate the necessary amount to meet the funding
requirement for personal services (PS) and the maintenance and other operating
expenses (MOOE) of the OWWA. Nothing in this Act shall prevent the National
Government from allocating funds for the operation or implementation of any of the
programs or services stated herein, including the budget for capital outlay (CO).
CHAPTER XIV
MISCELLANEOUS PROVISIONS
SEC. 54. Rebates for Long-time Members. – In recognition of the contribution of long-
time members to the OWWA Fund, the OWWA shall develop and implement a program
for the grant of rebates or some form of financial assistance to OFWs who have been
members of the OWWA for at least ten (10) years and who, along with their families,
have not availed of any service or benefit from the OWWA. The provision and the
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amount of rebates shall be based on actuarial study commissioned by the OWWA for
this purpose.
SEC. 55. Procurement System. – The OWWA procurement system shall be governed
by Republic Act No. 9184, also known as the “Government Procurement Reform Act”.
SEC. 56. Exemption from Tax, Legal Process and Lien. – All laws to the contrary
notwithstanding, the OWWA and all its assets and properties, all contributions collected
and all accruals thereto and income or investment earnings therefrom as well as all
supplies, equipment, papers or documents shall be exempt from any tax, assessment,
fee, charge, or customs or import duty. All benefit payments made by the OWWA shall
likewise be exempt from all kinds of taxes, fees or charges, and shall not be liable to
attachments, garnishments, levy or seizure by or under any legal or equitable process,
either before or after receipt by the person or persons entitled thereto, except to pay any
debt of the member to the OWWA. No tax measure of whatever nature enacted shall
apply to the OWWA, unless this section is expressly, specifically and categorically
revoked or repealed by law and a provision is enacted to substitute or replace the
exemption referred to herein. Any tax assessment imposed against the OWWA shall be
null and void.
SEC. 57. Transitory Provision. – All facilities, equipment, supplies, records, files,
appropriations and funds under the OWWA, as organized under Letter of Instruction No.
537 and Presidential Decree No. 1694, as amended by Presidential Decree No. 1809,
and renamed under Executive Order No. 126, series of 1987, shall remain with the
OWWA.
Current officials and employees of the OWWA shall continue to draw their salaries,
benefits and emoluments from the OWWA Fund until such time, but not later than one
(1) year from the effectivity of this Act, that the corresponding funds from the National
Government shall have been appropriated and released to the OWWA.
SEC. 58. Implementing Rules and Regulations. – Within ninety (90) days from the
effectivity of this Act, the present OWWA Board shall promulgate the rules and
regulations implementing the provisions of this Act. The implementing rules and
regulations issued pursuant to this section shall take effect fifteen (15) days after its
publication in two (2) newspapers of general circulation.
SEC. 59. Separability Clause. – If any provision of this Act is declared unconstitutional,
the remainder of this Act or any provision not affected thereby shall remain in full force
and effect.
SEC. 60. Repealing Clause. – Letter of Instruction No. 537, Presidential Decree No.
1694 and Presidential Decree No. 1809 are hereby repealed. All other laws, decrees,
executive orders, rules and regulations inconsistent with the provisions of this Act are
likewise repealed.
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SEC. 61. Effectivity. – This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in two (2) newspapers of general circulation.
Approved,
(Sgd.) FRANKLIN M. DRILON

President of the Senate (Sgd.) FELICIANO BELMONTE JR.
Speaker of the House
of Representatives
This Act which is a consolidation of House Bill No. 4990 and Senate Bill No. 2955 was
finally passed by the House of Representatives and the Senate on February 2, 2016.
(Sgd.) OSCAR G. YABES

Secretary of the Senate (Sgd.) MARILYN B. BARUA-YAP
Secretary General
House of Representatives
Approved: MAY 10 2016
(Sgd.) BENIGNO S. AQUINO III

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9. OWWA Resolution No. 015 Series of 2016. IRR of RA 10801

10. Executive Order No. 797 Reorganizing the Ministry of Labor and Employment,
creating the Philippine overseas employment Administration, and for other
purposes Act of 1982
XECUTIVE ORDER NO. 797 May 1, 1982
REORGANIZING THE MINISTRY OF LABOR AND EMPLOYMENT, CREATING THE

PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION, AND FOR OTHER
PURPOSES
WHEREAS, under the New Republic, national economic development shall be pursued
with renewed vigor and greater determination;
WHEREAS, the attainment of national goals is contingent among others on the

development of employment opportunities, the protection of workers, and the promotion
of industrial peace;
WHEREAS, recent local and international developments have imposed new demands
and challenges on the existing delivery system for labor and labor-related services;
WHEREAS, under Presidential Decree No. 1416 as amended, the President is

empowered to undertake such organizational and related improvements as may be
appropriate in the light of changing circumstances and new developments.
NOW, THEREFORE, I FERDINAND E. MARCOS, President of the Philippines, by

virtue of the powers vested in me by the Constitution and the authority vested in me by
Presidential Decree No. 1416 as amended, do hereby order and ordain:
Sec. 1. The Ministry of Labor and Employment, hereinafter referred to as the Ministry,
shall be the primary policy, programming, coordinating and administrative entity of the
executive branch of the government in the field of labor and employment. The primary
function of the Ministry shall be the development of employment opportunities, the
protection of workers, and the promotion of industrial peace.
Sec. 2. The authority and responsibility for the exercise of the powers and the discharge
of the functions of the Ministry shall be vested in the Minister of Labor and Employment,
hereinafter referred to as the Minister, who shall be appointed by the President. He shall
be assisted by such Deputy Ministers as may be appointed by the President. The
Minister is authorized to determine and assign the respective functional areas of
responsibility of the Deputy Ministers, should there be more than one; provided, that
such delineation of responsibilities shall cover the substantive functions and operations
of the Ministry; and provided, further, that no Deputy Minister shall be assigned primarily
administrative responsibilities.
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Sec. 3. There is hereby created a Bureau of Local Employment, which shall assume the
functions of the Bureau of Apprenticeship and the domestic employment functions of the
Bureau of Employment Services, and which shall absorb applicable functions,
appropriations, records, equipment, property, and such personnel as may be necessary
of the abolished units.
Sec. 4. There is hereby created a Philippine Overseas Employment Administration,

hereinafter referred to as the administration, which shall assume the functions of the
Overseas Employment Development Board, the National Seamen Board, and the
overseas employment functions of the Bureau of Employment Services; which shall
absorb the applicable functions, appropriations, records, equipment, property, and such
personnel as may be necessary of the abolished units; and which shall have the
powers, functions, and structure as provided for below.
(a) The Administration shall formulate and undertake in coordination where necessary
with the appropriate entities concerned a systematic program for promoting and
monitoring the overseas employment of Filipino workers taking into consideration
domestic manpower requirements, and to protect their rights to fair and equitable
employment practices. It shall have original and exclusive jurisdiction over all cases,
including money claims, involving employer-employee relations arising out of or by
virtue of any law or contract involving Filipino workers for overseas employment,
including seamen. This adjudicatory function shall be undertaken in appropriate
circumstances in consultation with the Construction Industry Authority of the Philippines.
The governing Board of the Administration, as hereinunder provided, shall promulgate
the necessary rules an regulations to govern the exercise of the adjudicatory functions
of the Administration.
(b) The Administration shall have a three-man Board composed of the Minister as
Chairman, the Administrator, and a third member who shall be appointed by the
President, who shall be well versed in the field of overseas employment, and who shall
serve for a term of two years. The Administrator and such Deputy Administrators as
may be necessary shall be appointed by the President. The President may, at his
discretion, designate a Deputy Administrator as the third member of the Board, and he
may also confer the rank of Deputy Minister in a concurrent capacity to a particular
incumbent of the position of Administrator.
(c) The principal substantive subdivisions of the internal structure of the Administration
shall be established along the major functional areas corresponding to welfare services,
placement and market development, and regulation. Each principal substantive
subdivision shall be headed by a Director who shall be appointed by the President upon
the recommendation of the Minister. The Administration shall have its own support staff.
(d) An Advisory Board for Overseas Employment and an Advisory Board for Seamen
are hereby created with such members as may be appointed by the Minister. The
Advisory Boards shall have an essentially private sector composition to advise the
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Administration on its overseas operations, and its members shall be entitled to rates of
compensation comparable to those prescribed for members of the abolished Overseas
Employment Development Board and the National Seamen Board.
(e) The Regional Labor Office for the Middle East and Africa created under Executive
Order No. 787 shall form part of the Administration. The head of the Regional Labor
Office shall have the rank of Ambassador (Chief of Mission II).
Sec. 5. The Bureau of Labor Standards is hereby renamed the Bureau of Working
Conditions. In addition to its present functions, the Bureau shall assume the functions of
the Institute of Occupational Health and Safety abolished under Executive Order No.
591.
Sec. 6. The Ministry proper of the Ministry shall be composed of an Office of the
Minister, a Planning Service, a Labor Statistic Service, a Financial and Management
Service, an Administrative Service, an information and Publication Service, an
International Labor Affair Service, and a Legal Service. The Deputy Ministers shall form
part of the Office of the Minister.
Sec. 7. The Ministry shall exercise supervisions and control over the following bureaus
and offices:
(1) Bureau of Local Employment
(2) Bureau of Labor Relations
(3) Bureau of Working Conditions
(4) Bureau of Rural Workers
(5) Bureau of Women and Minors
(6) Institute of Labor and Manpower Studies
Sec. 8. The Ministry shall exercise administrative supervisions over the following
entities:
(1) National Labor Relation Commission
(2) National Wages Council
(3) Philippine Overseas Employment Administration
(4) Welfare Fund for Overseas Workers
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Sec. 9. The following corporation is attached to the Ministry for policy and program
coordination:
(1) Employees Compensation Commission
Sec. 10. The following entities are hereby abolished, and their functions, together with
applicable appropriations, records, equipment, property, and such personnel as may be
necessary are hereby transferred to such appropriate units of the Ministry as may be
deemed suitable by the Minister:
(1) Bureau of Employment Services
(2) Bureau of Apprenticeship
(3) Free Legal Assistance Office
(4) National Seamen Board
(5) Overseas Employment Development Board
(6) Population/Family Planning Office
Sec. 11. The Ministry shall have such ministry-wide regional offices as may be
necessary, under the supervisions and control of the Office of the Minister, in
accordance with Article I, Chapter III, Part II of the Integrated Reorganization Plan as
amended. Each regional office shall be headed by a Regional Director who shall be
assisted whenever necessary by an Assistant Regional Director. The Regional Director
shall have supervision and control over the activities of the Ministry in the region, except
as may be otherwise determined by the Minister.
The abolition of the Arbitration Branches, the Field Services Divisions, and the Labor
Relations Divisions in the regional offices pursuant to Executive Order No. 591 shall be
given effect, and their applicable appropriations, records, equipment and such
personnel as may be necessary are transferred to the appropriate units as determined
by the Minister.
Positions of Conciliators and Med-Arbiters which may be created under the new staffing
patterns in the regional offices, as well as such positions in the Bureau of Labor
Relations, shall have starting rates of compensation which shall be equivalent to two
salary ranges below those of Arbiters in the National Labor Relations Commission. The
Minister is authorized to effect from time to time such regional reassignment of
Conciliators and Med-Arbiters as may be necessary in the interest of the service.
Sec. 12. The Ministry shall have such offices overseas as will enable it to carry out its
responsibilities effectively, subject to prior approval by the President on the
establishment of each such office abroad. The Labor Attache or his equivalent shall
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have supervisions over all other personnel of the Minister as may be assigned to an
embassy or other foreign service post overseas, including those of the Philippine
Overseas Employment Administration.
Sec. 13. The Minister shall have the authority to reorganize the internal structure of the
various offices and units under the Ministry, as enumerated in Sections 6, 7, 8, 11, and
12 of this Executive Order.
Sec. 14. The Ministry is hereby authorized to issue such orders, rules and regulations
as may be necessary to implement the approval of the Office of Budget and
Management is obtained relative to the new staffing pattern including appropriate salary
rates, the organizational structure at divisional and lower levels, and the realignment of
existing appropriations. The Minister may appoint qualified personnel of the abolished in
the new staffing pattern, and those not so appointed are deemed laid off.
Sec. 15. All Presidential appointees of the bureaus, offices, and other entities under the
supervision and control of or under the administrative supervision of the Ministry are laid
off, unless otherwise reappointed by the President; provided, that those who are Career
Executive Service Officers may either be reappointed or reassigned by the President
upon the recommendation of the Minister to other appropriate positions in the Ministry,
or assigned to the Career Executive Service Board which shall endeavor to find
appropriate placement for them in other ministries or agencies; provided, further, that
those Career Executive Service Officers who have been assigned to the Career
Executive Service Board shall continue to receive their salaries from any available and
applicable funds; and provided, finally, that those who are not placed in appropriate
positions within six months after their assignment to the Career Executive Service
Board shall be similarly laid off.
Sec. 16. All those who are laid off under the provisions of this Executive Order shall be
entitled to all benefits and gratuities provided for under existing laws.
Sec. 17. Except as may otherwise be determined by the Minister, all present
incumbents of positions in the reorganized units of the Ministry shall continue to
exercise their usual functions, duties, and responsibilities, pending the issuance of the
appropriate implementing orders.
Sec. 18. To carry out the provisions of this Executive Order such amount as may be
necessary shall be made available to the Ministry from any applicable appropriation
item, subject to the approval of the President upon recommendation of the Office of
Budget and Management.
Sec. 19. All laws, decrees, orders, proclamations, rules, regulations, or parts thereof,
which are inconsistent with any of the provisions of this Executive Order are hereby
repealed or modified accordingly.
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Sec. 20. Any portion or provision of this Executive Order that may be declared
unconstitutional shall not have the effect of nullifying the other provisions thereof,
provided that such remaining portions can still stand and be given effect in their entirety
to accomplish the objectives of this Executive Order.
Sec. 21. This Executive Order shall take effect immediately.
Done in the City of Manila, this first day of May, in the year of Our Lord, nineteen
hundred and eighty-two.
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11. RA no. 8972
REPUBLIC ACT NO. 8972
AN ACT PROVIDING FOR BENEFITS AND PRIVILEGES TO SOLO PARENTS AND

THEIR CHILDREN, APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines Congress

assembled:
Section 1. Title. - This Act shall be known as the "Solo Parents' Welfare Act of 2000."
Section 2. Declaration of Policy. - It is the policy of the State to promote the family as
the foundation of the nation, strengthen its solidarity and ensure its total development.
Towards this end, it shall develop a comprehensive program of services for solo parents
and their children to be carried out by the Department of Social Welfare and
Development (DSWD), the Department of Health (DOH), the Department of Education,
Culture and Sports (DECS), the Department of the Interior and Local Government
(DILG), the Commission on Higher Education (CHED), the Technical Education and
Skills Development Authority (TESDA), the National Housing Authority (NHA), the
Department of Labor and Employment (DOLE) and other related government and
nongovernment agencies.
Section 3. Definition of Terms. - Whenever used in this Act, the following terms shall
mean as follows:
(a) "Solo parent" - any individual who falls under any of the following categories:
(1) A woman who gives birth as a result of rape and other crimes against chastity even
without a final conviction of the offender: Provided, That the mother keeps and raises
the child;
(2) Parent left solo or alone with the responsibility of parenthood due to death of
spouse;
(3) Parent left solo or alone with the responsibility of parenthood while the spouse is
detained or is serving sentence for a criminal conviction for at least one (1) year;
(4) Parent left solo or alone with the responsibility of parenthood due to physical and/or
mental incapacity of spouse as certified by a public medical practitioner;
(5) Parent left solo or alone with the responsibility of parenthood due to legal separation
or de facto separation from spouse for at least one (1) year, as long as he/she is
entrusted with the custody of the children;
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(6) Parent left solo or alone with the responsibility of parenthood due to declaration of
nullity or annulment of marriage as decreed by a court or by a church as long as he/she
is entrusted with the custody of the children;
(7) Parent left solo or alone with the responsibility of parenthood due to abandonment of
spouse for at least one (1) year;
(8) Unmarried mother/father who has preferred to keep and rear her/his child/children
instead of having others care for them or give them up to a welfare institution;
(9) Any other person who solely provides parental care and support to a child or
children;
(10) Any family member who assumes the responsibility of head of family as a result of
the death, abandonment, disappearance or prolonged absence of the parents or solo
parent.
A change in the status or circumstance of the parent claiming benefits under this Act,
such that he/she is no longer left alone with the responsibility of parenthood, shall
terminate his/her eligibility for these benefits.
(b) "Children" - refer to those living with and dependent upon the solo parent for support
who are unmarried, unemployed and not more than eighteen (18) years of age, or even
over eighteen (18) years but are incapable of self-support because of mental and/or
physical defect/disability.
(c) "Parental responsibility" - with respect to their minor children shall refer to the rights
and duties of the parents as defined in Article 220 of Executive Order No. 209, as
amended, otherwise known as the "Family Code of the Philippines."
(d) "Parental leave" - shall mean leave benefits granted to a solo parent to enable
him/her to perform parental duties and responsibilities where physical presence is
required.
(e) "Flexible work schedule" - is the right granted to a solo parent employee to vary
his/her arrival and departure time without affecting the core work hours as defined by
the employer.
Section 4. Criteria for Support. - Any solo parent whose income in the place of domicile
falls below the poverty threshold as set by the National Economic and Development
Authority (NEDA) and subject to the assessment of the DSWD worker in the area shall
be eligible for assistance: Provided, however, That any solo parent whose income is
above the poverty threshold shall enjoy the benefits mentioned in Sections 6, 7 and 8 of
this Act.
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Section 5. Comprehensive Package of Social Development and Welfare Services. - A

comprehensive package of social development and welfare services for solo parents
and their families will be developed by the DSWD, DOH, DECS, CHED, TESDA, DOLE,
NHA and DILG, in coordination with local government units and a nongovernmental
organization with proven track record in providing services for solo parents.
The DSWD shall coordinate with concerned agencies the implementation of the
comprehensive package of social development and welfare services for solo parents
and their families. The package will initially include:
(a) Livelihood development services which include trainings on livelihood skills, basic
business management, value orientation and the provision of seed capital or job
placement.
(b) Counseling services which include individual, peer group or family counseling. This
will focus on the resolution of personal relationship and role conflicts.
(c) Parent effectiveness services which include the provision and expansion of
knowledge and skills of the solo parent on early childhood development, behavior
management, health care, rights and duties of parents and children.
(d) Critical incidence stress debriefing which includes preventive stress management
strategy designed to assist solo parents in coping with crisis situations and cases of
abuse.
(e) Special projects for individuals in need of protection which include temporary shelter,
counseling, legal assistance, medical care, self-concept or ego-building, crisis
management and spiritual enrichment.
Section 6. Flexible Work Schedule. - The employer shall provide for a flexible working
schedule for solo parents: Provided, That the same shall not affect individual and
company productivity: Provided, further, That any employer may request exemption
from the above requirements from the DOLE on certain meritorious grounds.
Section 7. Work Discrimination. - No employer shall discriminate against any solo

parent employee with respect to terms and conditions of employment on account of
his/her status.
Section 8. Parental Leave. - In addition to leave privileges under existing laws, parental
leave of not more than seven (7) working days every year shall be granted to any solo
parent employee who has rendered service of at least one (1) year.
Section 9. Educational Benefits. - The DECS, CHED and TESDA shall provide the
following benefits and privileges:
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(1) Scholarship programs for qualified solo parents and their children in institutions of
basic, tertiary and technical/skills education; and
(2) Nonformal education programs appropriate for solo parents and their children.
The DECS, CHED and TESDA shall promulgate rules and regulations for the proper
implementation of this program.
Section 10. Housing Benefits. - Solo parents shall be given allocation in housing
projects and shall be provided with liberal terms of payment on said government low-
cost housing projects in accordance with housing law provisions prioritizing applicants
below the poverty line as declared by the NEDA.
Section 11. Medical Assistance. - The DOH shall develop a comprehensive health care
program for solo parents and their children. The program shall be implemented by the
DOH through their retained hospitals and medical centers and the local government
units (LGUs) through their provincial/district/city/municipal hospitals and rural health
units (RHUs).
Section 12. Additional Powers and Functions of the DSWD. — The DSWD shall perform
the following additional powers and functions relative to the welfare of solo parents and
their families:
(a) Conduct research necessary to: (1) develop a new body of knowledge on solo
parents; (2) define executive and legislative measures needed to promote and protect
the interest of solo parents and their children; and (3) assess the effectiveness of
programs designed for disadvantaged solo parents and their children;
(b) Coordinate the activities of various governmental and nongovernmental

organizations engaged in promoting and protecting the interests of solo parents and
their children; and
(c) Monitor the implementation of the provisions of this Act and suggest mechanisms by
which such provisions are effectively implemented.
Section 13. Implementing Rules and Regulations. - An interagency committee headed

by the DSWD, in coordination with the DOH, DECS, CHED, TESDA, DOLE, NHA, and
DILG is hereby established which shall formulate, within ninety (90) days upon the
effectivity of this Act, the implementing rules and regulations in consultation with the
local government units, nongovernment organizations and people's organizations.
Section 14. Appropriations. - The amount necessary to carry out the provisions of this
Act shall be included in the budget of concerned government agencies in the General
Appropriations Act of the year following its enactment into law and
thereafter.1awphil.net
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Section 15. Repealing Clause. - All laws, decrees, executive orders, administrative
orders or parts thereof inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly.
Section 16. Separability Clause. - If any provision of this Act is held invalid or
unconstitutional, other provisions not affected thereby shall continue to be in full force
and effect.
Section 17. Effectivity Clause. - This Act shall take effect fifteen (15) days following its
complete publication in the Official Gazette or in at least two (2) newspaper of general
circulation.
Approved.
(Sgd.)
JOSEPH EJERCITO ESTRADA

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12. RA no. 9262

13. RA no. 9710
14. PD no. 851
15. RA no. 10653
16. BIR RR 3-2015
17. RA no. 7877
18. RA no. 7678; RA 9231
19. RA 7644- Increasing teh Minimum wage of househelpers;
20. RA 10361 is an Act Instituting Policies for the Protection and Welfare of Domestic
Workers, otherwise known as Domestic Workers Act or Batas Kasambahay
21. Ra 7277, as amended by RA no. 9442
22. SSS Law; RA no. 8282
23. GSIS Law; RA no. 8291
24. Limited Portability Law RA 7699
25. RA no. 6727
26. RA no. 7305
CASE 1
CASE 2
CASE 3
CASE 4
CASE 5
CASE 6
CASE 7
CASE 8
CASE 9
CASE 10
CASE 11
CASE 12
CASE 13
CASE 14
CASE 15
CASE 16
CASE 17
CASE 18
CASE 19
CASE 20
CASE 21
CASE22
CASE 23
CASE 24
CASE 25
CASE 26
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1. REPUBLIC ACT NO. 10022 amending RA 8042

1. REPUBLIC ACT NO. 10022 amending RA 8042

miliatry or non-commercial purposes or on an installation located offshore or on the high

Section 9. Section 16 of Republic Act No. 8042, as amended, is hereby amended to

"(c) Institute, in cooperation with other government agencies concerned, a computer-

"The inter-agency committee shall be co-chaired by the Department of Foreign Affairs

Section 18. Section 25 of Republic Act No. 8042, as amended, is hereby amended to

"For migrant workers recruited by the POEA on a government-to-government

(Sgd.) PROSPERO C. NOGRALES (Sgd.) JUAN PONCE ENRILE

(Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES

The Lawphil Project - Arellano Law Foundation

OMNIBUS RULES AND REGULATIONS IMPLEMENTING THE MIGRANT

(d) Bona fide Non-Government Organizations (NGOs) - refer to non-government, civil

(t) IC - Insurance Commission

(mm) POEA - Philippine Overseas Employment Administration, shall be used

"Positive and concrete measures" shall include legislative or executive initiatives,

designated institutions, entities or persons, except for recommendatory training

Section 1. Disqualification. The following personnel shall be prohibited from engaging

During preliminary investigation, the complainant may avail of legal assistance or

Section 7. Voluntary Arbitration. For OFWs with collective bargaining agreements, the

D. Migrant Workers and Other Overseas Filipinos Resource Center

Section 3. Chair and Technical Assistance. The Inter-Agency Committee shall be co-

2. 2002 POEA RULES ON OVERSEAS EMPLOYEMENT OF OFWS

REVISED POEA RULES AND REGULATIONS

a. Travel agencies and sales agencies of airline companies;

i. Bank certificate showing a deposit of at least Five Million Pesos

6. Guarantee that there is no officer or employee of the recruitment agency related

SECTION 7.Decision on the Application.— The Administration shall notify the applicant

SECTION 10.Assessment Prior to Issuance of License. — The Administration

SECTION 20. Derogatory Record after Issuance/Renewal of License. — The license

SECTION 29.Establishment of a Branch. — A licensed recruitment agency may request

legislation. The licensed recruitment agency representative shall acknowledge such

b. Workers to be deployed to countries where the prevailing system, either by law,

registered/authorized representative in a recruitment activity within its registered office

c. In cases where there is no Philippine Embassy or Consulate in the jobsite,

8. RA no. 10801, Overseas workers welfare act

Third Regular Session

[REPUBLIC ACT NO. 10801]

AN ACT GOVERNING THE OPERATIONS AND ADMINISTRATION OF THE

Be it enacted by the Senate and House of Representatives of the Philippines in

TITLE, POLICY AND OBJECTIVES

SEC. 3. Objectives. – This Act is enacted to provide guidelines on matters concerning

NATURE, SCOPE AND FUNCTIONS OF THE OWWA

SEC. 6. Functions. – The OWWA shall exercise the following functions:

(d) To provide prompt and appropriate response to global emergencies or crisis

SEC. 7. Definition of Terms. – As used in this Act:

(c) Dependent refers to any of the following:

(1) The legal spouse;

(g) Overseas Filipino Worker (OFW) refers to a person who is to be engaged, is

MEMBERSHIP, CONTRIBUTION AND COLLECTION

SEC. 8. Registration of Membership. – Membership in the OWWA may be obtained in

(a) By compulsory registration upon processing of employment contracts of OFWs at

(b) By voluntary registration of OFWs at job sites, or through electronic registration.

SEC. 9. Amount of Contribution and Effectivity of Membership. – Membership in the

In case of voluntary registration, membership shall be considered active until the

The OWWA shall maintain a comprehensive database of member-OFWs, which shall

SEC. 12. Separate Accounting of Land-Based and Sea-Based Members’ Contributions.

SEC. 13. Authorized Collecting Officers. –

(a) Membership contributions shall be collected by duly authorized OWWA collecting

SEC. 17. Prohibition Against Discrimination on Membership. – No OFW shall be denied

SEC. 18. Payment of Contribution or OWWA Fee by Employer. – Contributions to the

SEC. 19. Penalty for Violation by Recruitment/Manning Agency. – Violation by a