EXECUTIVE ORDER NO.
247
REORGANIZING THE PHILIPPINE OVERSEAS
EMPLOYMENT ADMINISTRATION AND FOR OTHER
PURPOSES
WHEREAS, Executive Order No. 5 (1986), provides that the
necessary and proper changes in the organizational and
functional structures of the government, its agencies and
instrumentalities need to be effected to promote efficiency
and effectiveness in the delivery of public services;
WHEREAS, it has become necessary to institute changes in
the functional structure of the Philippine Overseas
Employment Administration in order to enhance its
effectiveness in responding to changing market and
economic conditions and to the call of the national
development plan for the strengthening of the worker
protection and regulation components of the overseas
employment program; and,
WHEREAS, the Philippine Overseas Employment
Administration has to systematize its operations by
rationalizing its functions, structure and organization to make
it more efficient in undertaking its principal function of
formulating and implementing a systematic program for
promoting and monitoring the overseas employment of
Filipino workers and for protecting their rights to fair and
equitable employment practices, and in order that it may
respond more effectively to the new demands for more
meaningful welfare services to workers, better protection of
their rights, more efficient adjudication of cases and more
efficient manpower delivery system.
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the
Philippines, by virtue of the powers vested in me by the
sovereign will of the Filipino people and the Constitution, do
hereby order:
Section 1. Title. This Executive Order shall otherwise be
known as the Reorganization Act of the Philippine Overseas
Employment Administration.
Section 2. Reorganization. The Philippine Overseas
Employment Administration hereinafter referred to as the
Administration is hereby reorganized, structurally and
functionally in accordance with the provisions of the
Executive Order.
Section 3. Powers and Functions. In the pursuit of its
mandate, the Administration shall have the following powers
and functions:
(a) Regulate private sector participation in the recruitment
and overseas placement of workers by setting up a licensing
and registration system;
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;
Protect the rights of Filipino workers for overseas
employment to fair and equitable recruitment and
employment practices and ensure their welfare;
Exercise original and exclusive jurisdiction to hear and decide
all claims arising out of an employer-employee relationship or
by virtue of any law or contract involving Filipino workers for
overseas employment including the disciplinary cases; and
all pre-employment cases which are administrative in
character involving or arising out of violation of requirement
laws, rules and regulations including money claims arising
therefrom, or violation of the conditions for issuance of
license or authority to recruit workers.
All prohibited recruitment activities and practices which are
penal in character as enumerated and defined under and by
virtue of existing laws, shall be prosecuted in the regular
courts in close coordination with the appropriate
Departments and agencies concerned;
(e) Maintain a registry of skills for overseas placements;
(f) Recruit and place workers to service the requirement for
trained and competent Filipino workers by foreign
governments and their instrumentalities and such other
employers as public interest may require;
(g) Promote the development of skills and careful selection of
Filipino workers for overseas employment;
(h) Undertake overseas market development activities for
placement of Filipino workers;
(i Secure the best terms and conditions of employment of
Filipino contract workers and ensure compliance therewith;
(j) Promote and protect the well-being of Filipino workers
overseas;
(k) Develop and implement programs for the effective
monitoring of returning contract workers, promoting their re-
training and re-employment or their smooth-re-integration
into the mainstream of national economy in coordination with
other government agencies;
(l) Institute a system for ensuring fair and speedy disposition
of cases involving violation of recruitment rules and
regulations as well as violation of terms and conditions of
overseas employment;
Establish a system for speedy and efficient enforcement of
decisions laid down through the exercise of its adjudicatory
function;
Establish and maintain close relationship and enter into joint
projects with the Department of Foreign Affairs, Philippine
Tourism Authority, Manila International Airport Authority,
Department of Justice, Department of Budget and
Management and other relevant government entities, in the
pursuit of its objectives. The Administration shall also
establish and maintain joint projects with private
organizations, domestic or foreign, in the furtherance of its
objectives.
Section 4. Structural Organization. The Administration shall
consist of the Governing Board, the Office of the
Administrator, the Offices of such number of Deputy
Administrators as may be necessary, Office of the Director for
each of the principal subdivisions of its internal structure:
(a) The Governing Board shall be composed of the Secretary
of Labor and Employment as Chairman, the Administrator
and a third member, considered well-versed in the field of
overseas employment who shall be appointed by the
President to serve for a term of two (2) years;
(b) The Administrator and such Deputy Administrator and
Directors as may be necessary shall be appointed by the
President upon recommendation of the Secretary.
(c) The functional structure of the Administration shall be
established along the areas of: market development,
employment, welfare, licensing, regulation and adjudication.
Each of the principal substantive subdivisions of the
Administration shall be headed by a Director and shall have
such departments and units as may be necessary.
Section 5. Regional Extension Units. The Administration is
hereby authorized to set up regional extension units in such
regions as the Governing Board may determine to be
necessary to promote efficient and economic delivery of its
services. The regional extension units shall be under the
administrative supervision of the Labor Regional Director. It
shall have, among others, the following functions:
Execute the policies, plans and programs of the
Administration in the regions outside of the Metro Manila
area;
Coordinate with local government officials on the matter of
implementation of the Administration’s program on overseas
employment;
Advise the central office on the needs of the region for
particular welfare and regulatory programs;
(d) Establish linkages with other allied government agencies
in the pursuance of the objectives of the overseas
employment program;
Coordinate the anti-illegal recruitment campaign in the
regions;
(f) Perform other functions as the Administration may deem
necessary.
Section 6. New Structure and Pattern. Upon approval of this
Executive Order, the officers and employees of the Philippine
Overseas Employment Administration shall, in a hold-over
capacity, continue to perform their respective duties and
responsibilities and receive the corresponding salaries and
benefits unless in the meantime they are separated from the
service. The new structure and staffing pattern for the
Philippine Overseas Employment Administration shall be
approved and prescribed by the Secretary of the Department
of Labor and Employment, within one hundred twenty (120)
days from the approval of this Executive Order and the
authorized positions created thereunder shall be filled with
regular appointments by the Secretary of the Department of
Labor and Employment or the President as the case may be.
Those incumbents whose positions are not included therein
or who are not reappointed shall be deemed separated from
the service. Those separated from the service shall receive
the retirement benefits to which they may be entitled under
existing laws, rules and regulations. Otherwise, they shall be
paid the equivalent of one-month salary for every year of
service, or fraction thereof, computed on the basis of the
highest salary received, but in no case shall such payment
exceed the equivalent of twelve (12) months salary.

Section 7. Prohibition Against the Organizational Change. No

change in the reorganization herein prescribed shall be valid
except upon approval of the President for the purpose of
promoting efficiency and effectiveness in the delivery of
public service.

Section 8. Funding. Funds needed to carry out the provisions

of this Executive Order shall be taken from funds available in
the Administration.

Section 9. Implementing Authority of Secretary. The

Secretary shall issue such rules, regulations and other
issuances as may be necessary to ensure the effective
implementation of the provisions of this Executive Order.

Section 10. Separability Clause. Any portion or provision of

this Executive Order that may be declared unconstitutional
shall not have the effect of nullifying other portions or
provisions that can still subsist and be given effect in their
entirety.

Section 11. Repealing Clause. All laws, ordinances, rules,

regulations, other issuances or parts thereof, which are
inconsistent with this Executive Order are hereby repealed or
modified accordingly.

Section 12. Effectivity. This Executive Order shall take effect

immediately.
 OMNIBUS RULES AND
REGULATIONS
IMPLEMENTING
THE MIGRANT WORKERS AND
OVERSEAS FILIPINOS
ACT OF 1995,
AS AMENDED BY
REPUBLIC ACT NO. 10022

71
73
 OMNIBUS RULES AND
REGULATIONS
IMPLEMENTING
THE MIGRANT WORKERS AND
OVERSEAS FILIPINOS
ACT OF 1995,
AS AMENDED BY
REPUBLIC ACT NO. 10022

74
73
 Republic of the Philippines

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, Secretary of Labor and Employment, Secretary of
Health, the Chairman of the National Labor Relations Commission,
and the Insurance Commissioner, 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 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, 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 receiving 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

1
State shall provide adequate and timely social, economic and legal
services to Filipino migrant workers.

(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 migrant workers to free skills
development and enhancement programs through guidelines on
scholarships, training subsidies/grants of the concerned agencies.

2
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

(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

3
(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 the Interior and Local Government

(i) Direct Hires – refer to 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 by members of the diplomatic

corps; and

3. Name hires or workers who are able to secure overseas

employment opportunities with employers without the
assistance or participation of any agency.

(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 - the written standard POEA-approved

employment contract stipulating a specific period of
employment and formulated through tripartite consultation,

4
 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 equal 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.

(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;

5
 (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

6
(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.

(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
7
of workers for overseas employment for a fee which is charged,
directly or indirectly, from the workers or employers or both.

(pp) 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 – refer 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.

8
 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 ratifier of multilateral

conventions, declarations or resolutions relating to the
protection of workers, including migrant workers; or

(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.

“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.

9
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.

Sec. 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.

Sec. 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.

Sec. 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,

10
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.

Sec. 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.

Sec. 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.

The POEA Governing Board may, after consultation with

the DFA, grant exceptions to the ban or lift the ban.

Sec. 7. Travel Advisory.

The DFA shall issue travel advisories as the need arises. A

“travel advisory” is a notice to the traveling public normally for a
security reason and based on the prevailing peace and order situation
in a specific destination.

Sec. 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

11
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 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 non-

12
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;

(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, 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;

13
 (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 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; and

(n) To allow a non-Filipino citizen to head or manage

a licensed recruitment/manning agency.

Sec. 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.

Sec. 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

14
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 and 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 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.

15
Sec. 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 who are responsible for the commission of the offense
and the responsible employees/agents thereof shall be liable.

Sec. 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 (Php1,000,000.00) nor more than
Two Million Pesos (Php2,000,000.00).

(b) The penalty of life imprisonment and a fine of not less

than Two Million Pesos (Php2,000,000.00) nor more than Five
Million Pesos (Php5,000,000.00) 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 (Php500,000.00) nor
more than One Million Pesos (Php1,000,000.00).

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.

16
Sec. 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.

Sec. 7. Prescription.

Illegal recruitment cases under this Rule shall prescribe in

five (5) years: Provided, however, that illegal recruitment cases
involving economic sabotage shall prescribe in twenty (20) years.

Sec. 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

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

17
 (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

Sec. 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.

18
 Whenever necessary, the POEA shall coordinate with other
appropriate entities in the implementation of said programs.

Sec. 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.

Sec. 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.

The complaints and reports received by the DOLE shall be

endorsed to the POEA for proper evaluation.

Sec. 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.

During preliminary investigation, the complainant may

avail of legal assistance or counseling from the POEA.

Sec. 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.

19
Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

20
 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.

Sec. 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 shall be issued by
the 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.

Sec. 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.

21
Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 17. Grounds for Reopening the Establishment.

22
 (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.

Sec. 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. 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.

Sec. 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.

Sec. 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

23
 (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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 24. Partnership with LGUs, other Government Agencies and

NGOs.

24
 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 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 damages.

Sec. 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.

Sec.3. Joint and Several Liability.

25
 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.

Sec. 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.

Sec. 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.

26
 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.

Sec. 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.

Sec. 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 Philippine

foreign policy. Pursuant to the Philippine Foreign Service Act of
1991 and the Migrant Workers and Overseas Filipinos Act, as
amended, the DFA is mandated to formulate and implement policies
and programs to promote and protect the rights and welfare of

27
Filipino migrants, and provide consular and legal assistance to
overseas Filipinos in distress.

Sec. 2. International, Regional and Bilateral Initiatives to Protect

Overseas Filipino Workers.

The DFA shall continue to advocate in international and

regional fora 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.

Sec. 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.

Sec. 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).

28
 RULE IX
LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS

Section 1. Function and Responsibilities.

The Legal Assistant for Migrant Workers 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;

(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

29
 of Foreign Affairs' 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.

Sec. 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.

Sec. 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

30
 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.

Sec. 2. POLO Functions.

The DOLE overseas operating arm shall be the POLO,

which shall have the following functions and responsibilities:

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;

31
 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 Labor and Employment.

A. POEA

Sec. 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.

Sec. 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.

Sec. 5. Foreign Employers Guarantee Fund.

32
 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.

Sec. 6. Jurisdiction of the POEA.

The POEA shall exercise original and exclusive

jurisdiction to hear and decide:

(a) all pre-employment/recruitment violation 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 or violation of the
conditions for issuance of license or authority to
recruit workers; and

(b) disciplinary action cases and other special cases,

which are administrative in character, involving
employers, principals, contracting partners and OFWs
processed by the POEA.

Sec. 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.

Sec. 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.

33
 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.

Sec. 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.

Sec. 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 shall, in appropriate cases, allow the lifting of
suspension of erring recruitment/manning agencies upon the
payment of fine of Fifty Thousand Pesos (Php50,000.00) for every
month of suspension.

For disciplinary action cases against employers, the

Administrator may impose disqualification from the overseas
employment program. For disciplinary action cases against workers,
the Administrator may likewise impose suspension or
disqualification.

Sec. 11. Appeal.

34
 The decision of the Administrator may be appealed to the
Secretary of Labor and Employment within fifteen (15) days from
the receipt of the Decision.

B. OWWA

Sec. 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 governmental programs.

Sec. 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 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

Sec. 14. Establishment of the National Reintegration Center for

OFWs.

35
 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.

Sec. 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;
36
 (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 Labor and Employment.

Sec. 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.

D. Migrant Workers and Other Overseas

Filipinos Resource Center

Sec. 17. Establishment of Migrant Workers and other Overseas

Filipinos 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
37
Philippine Embassy or the Consulate and be under the
administrative jurisdiction of the Philippine Embassy.

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;

38
 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.

Sec. 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.

39
Sec. 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.

Sec. 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.

Sec. 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

40
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 certainty as certified 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 or those
specifically required by the foreign employer shall be
conducted;

(c) No group or 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;

(e) Within a period of three (3) years from the

effectivity of the Act, all DOH regional and/or provincial

41
 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.

Sec. 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.

Sec. 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-accreditation 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.

42
Sec. 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.

Sec. 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:

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;

43
 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; and

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.

Sec. 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

44
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.

Sec. 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 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 coordinate with the principal or employer in
securing the visa.

45
Sec. 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.

Sec. 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.

Sec. 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
46
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.

Sec. 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 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.

Sec. 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 Pesos (Php100,000,000.00), the OWWA shall make
representation with the Office of the President for immediate
funding in excess of said amount.

47
Sec. 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.

48
Sec. 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.

Sec. 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.

Sec. 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;

49
 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;

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.

Sec. 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.

50
Sec. 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 timeliness and availability of data.

Sec. 7. Secretariat.

A secretariat, which shall provide administrative and

support services to the Inter-Agency Committee shall be based in
the DFA.

Sec. 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

51
 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.

Sec. 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.

Sec. 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.

52
 Currently employed migrant workers or their eligible
dependents who need emergency financing assistance may avail of
the Family Assistance Loan.

Sec. 4. Administration of the Fund.

Pursuant to Section 21 of the Act, the amount of One

Hundred Million Pesos (Php100,000,000.00) 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.

Sec. 5. Financing Scheme.

The OWWA shall initiate arrangements with GFIs to

implement mutually agreed financing schemes that will expand the
Pre-Departure and Family Assistance Loans.

Sec. 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.

53
Sec. 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

54
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 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/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.
This provision shall be without prejudice to the provisions of Rule
XIII of these Rules and Regulations.

55
Sec. 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.

Sec. 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.

Sec. 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

56
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. For this purpose, foreign insurance companies shall include
entities providing indemnity cover to the vessel.

Sec. 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.

Sec. 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 the 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

57
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 shall form part of and
be deducted from whatever benefits 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.

Sec. 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.

Sec. 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 title of the case, the names of the parties and the
nature of the cause of action of the migrant worker.

Sec. 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

58
 pay the amount adjudged or agreed upon within thirty (30)
days from receipt thereof;

(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 certified true 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.

Sec. 11. Disputes in the Enforcement of Insurance Claims.

59
 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.

Sec. 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.

Sec. 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.

Sec. 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 for the premium themselves. To
protect the rights of these workers, the DOLE and POEA shall

60
provide them adequate legal assistance, including conciliation and
mediation services, whether at home or abroad.

Sec. 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.

Sec. 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.

61
Sec. 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:

(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;

62
 (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 their 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

63
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 replacements 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.

Sec. 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 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 receiving countries;

and

(f) Status of negotiations on bilateral labor agreements

between the Philippines and the receiving country.

64
Sec. 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 office for five (5) years.

Sec. 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 (OEC) 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 for his/her
remittance transfers.

65
 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 necessary and appropriate for the effective implementation
of the exemption of OFWs from DST and travel tax.

Sec. 5. Establishment of the Congressional Migrant Workers

Scholarship Fund.

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.

Sec. 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.

Sec. 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

66
 (e) To perform such other functions necessary to attain the
purpose of the Fund.

Sec. 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 ninety (90) days from effectivity of these Rules and

67
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.

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.

Sec. 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 repealed or amended accordingly.

Section 2. Effectivity.

68
 The provisions of these Rules and Regulations shall take
effect fifteen days (15) after publication in two (2) newspapers of
general circulation.

69
70
75
72
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 Philippines in 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 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.”
Section 4. Section 5 of Republic Act No. 8042, as amended,
is hereby amended to 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,
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.”
Section 5. Section 6 of Republic Act No. 8042, as amended,
is hereby amended to 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;
“(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;
“(4) 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 seafarer whose medical examination cost is
shouldered by the principal/shipowner;
“(5) 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 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, 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.”
Section 6. Section 7 of Republic Act No. 8042, as amended,
is hereby amended to 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.”
Section 7. Section 10 of Republic Act No. 8042, as amended,
is hereby amended to 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. 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.”
Section 9. Section 16 of Republic Act No. 8042, as amended,
is hereby amended to 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.”
Section 10. Section 17 of Republic Act No. 8042, as
amended, is hereby amended to 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;
“(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.”
Section 13. Section 20 of Republic Act No. 8042, as
amended, is hereby amended to 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.
“The inter-agency committee shall be co-chaired by the
Department of Foreign Affairs and the Department of Labor
and Employment. TheNationalComputerCentershall 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
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;
” (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;”
Section 18. Section 25 of Republic Act No. 8042, as
amended, is hereby amended to 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.”
Section 19. Section 26 of Republic Act No. 8042, as
amended, is hereby amended to 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.”
Section 20. Section 32 of Republic Act No. 8042, as
amended, is hereby amended to 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.
” 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.”
Section 22. Section 35 of Republic Act No. 8042, as
amended, is hereby amended to read as follows:
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 thousandUnited
Statesdollars (US$10,000.00) survivor’s benefit payable to
the migrant worker’s beneficiaries;
“(c) Permanent total disablement, with at least Seven
thousand five hundredUnited Statesdollars (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
hundredUnited Statesdollars (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;
“(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 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.
“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;
“(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.
REPUBLIC ACT NO. 8042
Migrant Workers and Overseas Filipinos Act of 1995
An act to institute the policies of overseas employment and
establish a higher 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 Philippines in Congress assembled:
SEC. 1. SHORT TITLE. - This act shall be known and cited as
the "Migrant Workers and Overseas Filipinos Act of 1995."
SEC. 2. 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 country or overseas, in
general, and Filipino migrant workers, in particular.
(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.
(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 persons
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, documented or
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 ultimate protection to all
migrant workers is the possession of skills. Pursuant to this
and as soon as practicable, the government shall deploy
and/or allow the deployment only to skilled Filipino workers.
(h) Non-governmental organizations, 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.
(I) Government fees and other administrative costs of
recruitment, introduction, placement and assistance to
migrant workers shall be rendered free without prejudice to
the provision of Section 36 hereof.
Nonetheless, the deployment of Filipino overseas workers,
whether land-based or sea-based by local service contractors
and manning agencies employing them shall be encouraged.
Appropriate incentives may be extended to them.
SEC. 3. DEFINITIONS. - For purposes of this Act:
(a) "Migrant worker" refers to a person who is to be engaged,
is engaged or has been engaged in a renumerated activity in
a state of which he or she is not a legal resident to be used
interchangeably with overseas Filipino worker.
(b) "Gender-sensitivity" shall mean cognizance of the
inequalities and inequities prevalent in society between
women and men and a commitment to address issues with
concern for the respective interests of the sexes.
(c) "Overseas Filipinos" refers to dependents of migrant
workers and other Filipino nationals abroad who are in distress
as mentioned in Sections 24 and 26 of this Act.
I. DEPLOYMENT
SEC. 4. Deployment of Migrant Workers - The State shall
deploy overseas Filipino workers only in countries where the
rights of Filipino migrant workers are protected. The
government recognizes any of the following as guarantee on
the part of the receiving country for the protection and the
rights of overseas Filipino workers:
(a) It has existing labor and social laws protecting the rights of
migrant workers;
(b) It is a signatory to multilateral conventions, declaration or
resolutions relating to the protection of migrant workers;
(c) It has concluded a bilateral agreement or arrangement
with the government protecting the rights of overseas Filipino
workers; and
(d) It is taking positive, concrete measures to protect the
rights of migrant workers.
SEC. 5. TERMINATION OR BAN ON DEPLOYMENT -
Notwithstanding the provisions of Section 4 hereof, the
government, in pursuit of the national interest or when public
welfare so requires, may, at any time, terminate or impose a
ban on the deployment of migrant workers.
II. ILLEGAL RECRUITMENT
Sec. 6. DEFINITIONS. - For purposes of this Act, illegal
recruitment shall mean any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring, procuring workers
and includes referring, contact services, promising or
advertising for employment abroad, whether for profit or not,
when undertaken by a non-license 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 such non-license 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 persons, whether a non-licensee, non-holder, licensee
or holder of authority.
(a) To charge or accept directly or indirectly any amount
greater than the specified in the schedule of allowable fees
prescribed by the Secretary of Labor and Employment, or to
make a worker pay 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;
(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 persons or entity
not to employ any worker who has not applied for
employment through his agency;
(f) To engage in the recruitment of placement of workers in
jobs harmful to public health or morality or to 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, remittances of foreign exchange
earnings, separations 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 on indirectly in the management of a travel agency;
(k) To withhold or deny travel documents from applicant
workers before departure for monetary or financial
considerations other than those authorized under the Labor
Code and its implementing rules and regulations;
(l) Failure to actually deploy without valid reasons as
determined by the Department of Labor and Employment; and
(m) Failure to reimburse expenses incurred by the workers 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 as offense involving economic sabotage.
Illegal recruitment is deemed committed by a syndicate
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.
The persons criminally liable for the above offenses are the
principals, accomplices and accessories. In case of juridical
persons, the officers having control, management or direction
of their business shall be liable.
SEC. 7. PENALTIES -
(a) Any person found guilty of illegal recruitment 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 not
less than two hundred thousand pesos (P200,000.00) nor
more than five hundred thousand pesos (P500,000.00).
(b) The penalty of life imprisonment and a fine of not less
than five hundred thousand pesos (P500,000.00) nor more
than one million pesos (P1,000,000.00) shall be imposed if
illegal recruitment constitutes economic sabotage as defined
herein.
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.
SEC. 8. PROHIBITION ON OFFICIALS AND EMPLOYEES. - Ot shall
be unlawful for any official or employee of the Department of
Labor and Employment, the Philippine Overseas Employment
Administration, or the Overseas Workers Welfare
Administration, or the Department of Foreign Affairs, or other
government agencies involved in the implementation of this
Act, or their relatives within the fourth civil degree of
consanguinity or affinity, to engage, directly or indirectly, in
the business of recruiting migrant workers as defined in this
Act. The penalties shall be imposed upon them.
SEC. 9. VENUE. - A criminal action arising from illegal
recruitment as defined herein 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
same 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. Provided,
however, That the aforestated provisions shall also apply to
those criminal actions that have already been filed in court at
the time of the effectivity of this Act.
SEC. 10. MONEY CLAIMS. - Botwithstanding any provision of
law to the contrary, the Labor Arbiters of the National Labor
Relations Commission (NLRC) shall have the priginal and
exclusive jurisdiction to hear and decide, within ninety (90)
calendar days after 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 damages.
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 provisions 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 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 four (4) months from the 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, the workers shall be entitled to the full
reimbursement of his placement fee with interest of 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.
Non-compliance with the mandatory periods for
resolutions of cases 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 resolutions 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 disqualifications
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 incurred under other existing laws or
rules and regulations as a consequence of violating the
provisions of this paragraph.
SEC. 11. MANADATORY PERIODS FOR RESOLUTION
OF ILLEGAL RECRUITMENT CASES. - The preliminary
investigations of cases under this Act shall be terminated
within a period of thirty (30) calendar days from the date of
their filing. Where the preliminary investigation is conducted
by a prosecution officer and a prima facie case is established,
the corresponding information shall be filed in court within
twenty-four (24) hours from the termination of the
investigation. If the preliminary investigation is conducted by
a judge and a prima facie case is found to exist, prosecution
officer within forty-eight (48) hours from the date of receipt of
the records of the case.
SEC. 12. PRESCRIPTIVE PERIODS. - Illegal
recruitment cases under this Act shall prescribe in five (5)
years: Provided, however, That illegal recruitment cases
involving economic sabotage as defined herein shall prescribe
in twenty (20) years.
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 within the Department of
Labor and Employment including its regional offices. Such
mechanism must include coordination and cooperation with
the Department of Justice, the Integrated Bar of the
Philippines, and other non-governmental organizations and
volunteer groups.
The provisions of Republic Act No. 6981 to the
contrary, notwithstanding, any person who is a victim of illegal
recruitment shall be entitled to the Witness Protection
Program provided thereunder.
III. SERVICES
SEC. 14. TRAVEL ADVISORY/INFORMATION
DISSEMINATION. - To give utmost priority to the establishment
of programs and services to prevent illegal recruitment, fraud,
and exploitation or abuse of Filipino migrant workers, all
embassies and consular offices, through the Philippine
Overseas Employment Administration (POEA), shall issue
travel advisories or disseminate information on labor and
employment conditions, migration realities and other facts;
and 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. Such advisory or
information shall be published in a newspaper of general
circulation at least three (3) times in every quarter.
SEC. 15. REPATRIATION OF WORKERS; EMERGENCY
REPATRIATION FUND. - The repatriation of the worker and the
transport of his personal belongings shall be the primary
responsibility of the agency which recruited or deployed the
worker overseas. All costs attendant to repatriation shall be
borne by or charged to the agency concerned and/or its
principal. Likewise, the repatriation of remains and transport
of the personal belongings of a deceased worker and all costs
attendant thereto shall be borne by the principal and/or local
agency. However, in cases where the termination of
employment is due solely to the fault of the worker, the
principal/employer or agency shall not in any manner be
responsible for the repatriation of the former and/or his
belongings.
The Overseas Workers Welfare Administration
(OWWA), in coordination ith appropriate 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.
However, in cases where the principal or recruitment agency
cannot be identified, all costs attendant to repatriation shall
be borne by the OWWA.
 For this purposes, there is hereby created and
established an emergency repatriation fund under the
administration control and supervision of the OWWA, initially
to consist of one hundred million pesos (P100,000,000.00),
inclusive of outstanding balances.
SEC. 16. MANDATORY REPATRIATION OF UNDERAGE
MIGRANT WORKERS. - Upon discovery or 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 Department of Foreign
Affairs through the fastest means of communication availavle
of such discovery and other relevant information.
SEC. 17. ESTABLISHMENT OF RE-PLACEMENT AND
MONITORING CENTER. - A replacement and monitoring center
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, and the Philippine
Overseas Employment Administration 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 return who had been employed as domestic helpers
and entertainers.
SEC. 18. FUNCTIONS OF THE RE-PLACEMENT AND
MONITORING CENTER. - The center shall provide the following
service:
(a) Develop livelihood programs and projects for
returning Filipino migrant workers in coordination with the
private sector;
(b) Coordinate with appropriate private and
government agencies the promotion, development, re-
placement and the full utilization of their potentials;
(c) Institute in cooperation with other government
agencies concerned, a computer-based information system on
skilled 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.
SEC. 19. ESTABLISHMENT OF A MIGRANT WORKERS
AND OTHER OVERSEAS FILIPINOS RESOURCE CENTER. - Within
the premises and under the administrative jurisdiction of the
Philippine Embassy in countries where there are large
concentrations of Filipino migrant workers, there shall be
establish a Migrant Workers and Other Overseas Filipinos
Resource Center with the following services:
(a) Counseling and legal services;
(b) Welfare assistance including the procurement of
medical and hospitalization services;
(c) Information, advisory and programs to promote
social integration such as post-arrival orientation, settlement
and community networking services for social integration;
(d) Institute a scheme of registration of
undocumented workers to bring them within the purview of
this Act. For this purpose, the Center is enjoined to compel
existing undocumented workers to register with it within six
(6) months from the effectivity of this Act, under pain of
having his/her passport cancelled;
(e) Human resource development, such as training
and skills upgrading;
(f) Gender sensitive programs and activities to
assist particular needs of women migrant workers;
(g) Orientation program for returning workers and
other migrants; and
(h) Monitoring of daily situations, circumstances
and activities affecting migrant workers and other overseas
Filipinos.
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 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
lawyer and a social worker for the Center. 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.
The Center shall have a counterpart 24-hour
information and assistance center at the Department of
Foreign Affairs to ensure a continuous network and
coordinative mechanism at the home office.
SEC. 20. ESTABLISHMENT OF A SHARED
GOVERNMENT INFORMATION SYSTEM FOR MIGRATION. - An
inter-agency committee composed of the Department of
Foreign Affairs and its attached agency, the Commission on
Filipino Overseas, the Department of Labor and Employment,
the Philippine Overseas Employment Administration, The
Overseas Workers Welfare Administration, The Department of
Tourism, the Department of Justice, the Bureau of
Immigration, the National Bureau of Investigation, and the
National Statistics Office shall be established to implement a
shared government information system for migration. The
inter-agency committee shall initially make available to itself
the information contained in existing data bases/files. The
second phase shall involve linkaging of computer facilities in
order to allow free-flow data exchanges and sharing among
concerned agencies.
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 limited to, the following
information:
(a) Masterlists of departing/arriving Filipinos;
(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 the 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; and
(I) Listing of overseas posts which may render
assistance to overseas Filipinos, in general, and migrant
workers, in particular.
SEC. 21. MIGRANT WORKERS LOAN GUARANTEE
FUND. - In order to further prevent unscrupulous illegal
recruiters from taking advantage of workers seeking
employment abroad, the OWWA, in coordination with
government financial institutions, shall institute financing
schemes that will expand the grant of pre-departure loan and
family assistance loan. For this purpose, a Migrant Workers
Loan Guarantee Fund is hereby created and the revolving
amount of one hundred million pesos (P100,000,000.00) from
the OWWA is set aside as a guarantee fund in favor of
participating government financial institutions.
SEC. 22. RIGHTS AND ENFORCEMENT MECHANISM
UNDER INTERNATIONAL AND REGIONAL HUMAN RIGHTS
SYSTEMS. - The Department of Foreign Affairs is mandated to
undertake the necessary initiative such as promotions,
acceptance or adherence of countries receiving Filipino
workers to multilateral convention, declaration or resolutions
pertaining to the protection of migrant workers' rights. The
Department of Foreign Affairs is also mandated to make an
assessment of rights and avenues of redress under
international and regional human rights systems that are
available to Filipino migrant workers who are victims of abuse
and violation and, as far as practicable and through the Legal
Assistant for Migrant Workers Affairs created under this Act,
pursue the same on behalf of the victim if it is legally
impossible to file individual complaints. If a complaints
machinery is available under international or regional
systems, the Department of Foreign Affairs shall fully apprise
the Filipino migrant workers of the existence and effectiveness
of such legal options.
IV. GOVERNMENT AGENCIES
SEC. 23. ROLE OF GOVERNMENT AGENCIES. - The
following government agencies shall perform the following to
promote the welfare and protect the rights of migrant workers
and, as far as applicable, all overseas Filipinos:
(a) Department of Foreign Affairs. - The
Department, through its home office or foreign posts, shall
take priority action its home office or foreign posts, shall take
priority action or make representation with the foreign
authority concerned to protect the rights of migrant workers
and other overseas Filipinos and extend immediate assistance
including the repatriation of distressed or beleaguered
migrant workers and other overseas Filipinos;
(b) Department of Labor and Employment - The
Department of Labor and Employment 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:
(b.1) Philippine Overseas Employment
Administration - Subject to deregulation and phase out as
provided under Sections 29 and 30 herein, 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 employment of Filipino workers
taking into consideration their welfare and the domestic
manpower requirements.
(b.2) Overseas Workers Welfare Administration -
The Welfare Officer or 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 functions, he shall make
representation and may call on the agencies or entities
concerned to conferences or conciliation meetings for the
purpose of settling the complaints or problems brought to his
attention.
V. THE LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS
SEC. 24. LEGAL ASSISTANT FOR MIGRANT
WORKERS AFFAIRS. - There is hereby created the position of
Legal Assistant for Migrant Workers Affairs under the
Department of Foreign Affairs who shall be primarily
responsible for the provision and overall coordination of all
legal assistance services to be provided to Filipino migrant
workers as well as overseas Filipinos in distress. He shall have
the rank, salary and privileges equal to that of an
undersecretary of said Department.
The said Legal Assistant for Migrant Workers Affairs
shall be appointed by the President and must be of proven
competence in the field of law with at least ten (10) years of
experience as a legal practitioner and must not have been a
candidate to an elective office in the last local or national
elections.
Among the functions and responsibilities of the
aforesaid Legal Assistant are:
(a) To issue the guidelines, procedures and criteria
for the provisions of legal assistance services to Filipino
migrant workers;
(b) To establish close linkages with the Department
of Labor and Employment, the POEA, the OWWA and other
government agencies concerned, as well as with non-
governmental organizations assisting migrant workers, to
ensure effective coordination and cooperation in the provision
of legal assistance to migrant workers;
(c) To tap the assistance of reputable law firms and
the Integrated Bar of the Philippines and other bar
associations to complement the government's efforts to
provide legal assistance to migrant workers;
(d) To administer the legal assistance fund for
migrant workers established under Section 25 hereof and to
authorize disbursements there from in accordance with the
purposes for which the fund was set up; and
(e) To keep and maintain the information system as
provided in Section 20.
The legal Assistant for Migrant Workers Affairs shall
have authority to hire private lawyers, domestic or foreign, in
order to assist him in the effective discharge of the above
functions.
SEC. 25. LEGAL ASSISTANCE FUND - There is
hereby established a legal assistance fund for migrant
workers, herein after referred to as 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 (P50,000,000.00) from the
Contingency Fund of the President;
Thirty million pesos (P30,000,000.00) from the
Presidential Social Fund; and
Twenty million pesos (P20,000,000.00) from the
Welfare Fund for Overseas Workers established under Letter of
Instruction No. 537, as amended by Presidential Decree Nos.
1694 and 1809.
Any balances of existing fund 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, to be turned over to, and form part of, the Fund
created under this Act.
SEC. 26. USES OF THE LEGAL ASSISTANCE FUND. -
The Legal Assistance Fund created under the
preceeding section shall be used exclusively to provide legal
services to migrant workers and overseas Filipinos in distress
in accordance witht the guidelines, criteria and procedures
promulgated in accordance with Section 24 (a) hereof. The
expenditures to be charged against the Fund shall include the
fees for the foreign lawyers to be hired by the Legal
Assistance for Migrant Workers Affairs to represent migrant
workers facing charges abroad, bail bonds to secure the
temporary release of workers under detention, court fees and
charges and other litigation expenses.
VI. COUNTRY - TEAM APPROACH
SEC. 27. PRIORITY CONCERNS OF PHILIPPINE
FOREIGN SERVICE POSTS. - The country team approach, as
enunciated under Executive Order No. 74, series of 1993, shall
be the mode under which Philippine embassies or their
personnel will operate in the protection of the Filipino migrant
workers as well as in the promotion of their welfare. The
protection of the Filipino migrant workers and the promotion of
their welfare, in particular, and the protection of the dignity
and fundamental rights and freedoms of the Filipino citizen
abroad, in general, shall be the highest priority concerns of
the Secretary of Foreign Affairs and the Philippine Foreign
Service Posts.
SEC. 28. COUNTRY-TEAM APPROACH. - Under the
country-team approach, all officers, representatives and
personnel of the Philippine government 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 this regard, the ambassador
may recommend to the Secretary of the Department of
Foreign Affairs the recall of officers, representatives and
personnel of the Philippine government posted abroad for acts
inimical to the national interest such as, but not limited to,
failure to provide the necessary services to protect the rights
of overseas Filipinos.
Upon receipt of the recommendation of the
ambassador, the Secretary of the Department of Foreign
Affairs shall, in the case of officers, representatives and
personnel of other departments, endorse such
recommendation to the department secretary concerned for
appropriate action. Pending investigation by an appropriate
body in the Philippines, the person recommended for recall
may be placed under preventive suspension by the
ambassador.
In host 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.
VII. DEREGULATION AND PHASE-OUT
SEC. 29. COMPREHENSIVE DEREGULATION PLAN ON
RECRUITMENT ACTIVITIES. - Pursuant to a progressive policy
of deregulation whereby the migration of workers becomes
strictly a matter between the worker and his foreign employer,
the DOLE within one (1) year from the effectivity of this Act, is
hereby mandated to formulate a five-year comprehensive
deregulation plan on recruitment activities taking into account
labor market trends, economic conditions of the country and
emergency circumstances which may affect the welfare of
migrant workers.
SEC. 30. GRADUAL PHASE-OUT OF REGULATORY
FUNCTIONS. - Within a period of five (5) years from the
effectivity of this Act, the DOLE shall phase out the regulatory
functions of the POEA pursuant to the objectives of
deregulation.
VII. PROFESSIONAL AND OTHER HIGHLY-SKILLED FILIPINOS
ABROAD
SEC. 31. INCENTIVES TO PROFESSIONALS AND
OTHER HIGHLY-SKILLED FILIPINOS ABROAD. - Pursuant to the
objective of encouraging professionals and other highly-skilled
Filipinos abroad especially in the field of science and
technology to participate in, and contribute to national
development, the government shall provide proper and
adequate incentives and programs so as to secure their
services in priority development areas of the public and
private sectors.
IX. MISCELLANEOUS PROVISIONS
SEC. 32. POEA AND OWWA BOARD; 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 appointed by the
President in the same manner as the other members.
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 to the said body a semi-annual report of Philippine
foreign posts located in countries hosting Filipino migrant
workers. The report shall not be limited to the following
information:
(a) Masterlist 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) Initiative/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 host country.
Any officer of the government who fails to report as
stated in the preceeding section shall be subjected to
administrative penalty.
SEC. 34. REPRESENTATION IN CONGRESS. - Pursuant
to Section 3(2), Article VI of the Constitution and in line with
the objective of empowering overseas Filipinos to participate
in the policy-making process to address Filipino migrant
concerns, two (2) sectoral representatives for migrant workers
in the House of Representatives shall be appointed by the
President from the ranks of migrant workers: Provided, that at
least one (1) of the two (2) sectoral representatives shall
come from the women migrant workers sector: Provided,
further, that all nominees must have at least two (2) years
experience as a migrant worker.
SEC. 35. EXEMPTION FROM TRAVEL TAX AND
AIRPORT FEE. - All laws to the country notwithstanding, the
migrant worker shall be exempt from the payment of travel
tax and airport fee upon proper showing of proof of
entitlement by the POEA.
SEC. 36. NON-INCREASE OF FEES; ABOLITION OF
REPATRIATION BOND. - Upon approval of this Act, all fees
being charged by any government office on migrant workers
shall remain at their present levels and the repatriation bond
shall be established.
SEC. 37. THE CONGRESSIONAL MIGRANT WORKERS
SCHOLARSHIP FUND. - There is hereby created a
Congressional Migrant Workers Scholarship Fund which shall
benefit deserving migrant workers and/or their immediate
descendants below twenty-one (21) years of age who intent to
pursue courses or training primarily in the field of science and
technology. The initial seed fund of two hundred million pesos
(P200,000,000.00) shall be constituted from the following
sources:
(a) Fifty million pesos (P50,000,000.00) from the
unexpected Countrywide Development Fund for 1995 in equal
sharing by all members of Congress; and
 (b) The remaining one hundred fifty million pesos
(P150,000,000.00) shall be funded from the proceeds of Lotto.

The Congressional Migrant Workers Scholarship

Fund as herein created shall be administered by the DOLE in
coordination with the Department of Science and Technology
(DOST). To carry out the objectives of this section, the DOLE
and the DOST shall formulate the necessary rules and
regulations.

SEC. 38. APPROPRIATION AND OTHER SOURCES OF

FUNDING. - The amount necessary to carry out the provisions
of this Act shall be provided for in the General Appropriations
Act of the year following its enactment into law and thereafter.

SEC. 39. MIGRANT WORKERS DAY. - The day of

signing by the President of this Act shall be designated as the
Migrant Workers Day and shall henceforth be commemorated
as such annually.

SEC. 40. IMPLEMENTING RULES AND REGULATIONS.

- The departments and agencies charged with carrying out the
provisions of this Act shall, within ninety (90) days after the
effectivity of this Act, formulate the necessary rules and
regulations for its effective implementation.

SEC. 41. REPEATING CLAUSE. - All laws, decrees,

executive orders, rules and regulations, or parts thereof
inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SEC. 42. SEPARABILITY CLAUSE. - If, for any reason,

any section or provision of this Act is held unconstitutional or
invalid, the other sections or provisions hereof shall not be
affected thereby.

SEC. 43. EFFECTIVITY CLAUSE. - This Act shall take

effect after fifteen (15) days from its publication in the Official
Gazette or in at least two (2) national newspapers of general
circulation whichever comes earlier.
Republic Act No. 9422 April 10, 2007
AN ACT TO STRENGTHEN THE REGULATORY
FUNCTIONS OF THE PHILIPPINE OVERSEAS
EMPLOYMENT ADMINISTRATION (POEA), AMENDING
FOR THIS PURPOSE REPUBLIC ACT NO. 8042,
OTHERWISE KNOWN AS THE "MIGRANT WORKERS
AND OVERSEAS FILIFINOS ACT OF 1995"
SEC. 2. Section 29 of the same law is hereby repealed.
SEC. 3. Section 30 of the same law is also hereby repealed.
SEC. 4. All laws, orders, issuances, rules or regulations or
parts thereof inconsistent with the provisions of this Act are
hereby repealed, amended or modified accordingly.

Be it enacted by the Senate and the House of SEC. 5. if, for any reason, any portion or provision of this
Representatives of the Philippines in Congress assembled: Act is declared unconstitutional or invalid, the other
portions or provisions hereof shall not be affected thereby.
SECTION 1. Section 23, paragraph (b.1) of Republic Act.
No. 8042, otherwise known as the "Migrant Workers and SEC. 6. This Act Shall take effect fifteen (15) days after its
Overseas Filipinos Act of 1995" is hereby amended to read publication in at least two newspapers of general
as follows: circulation.
"(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.
"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 guide the workers how to assert their rights and
provide the available mechanism to redress violation of
their rights."
"In the recruitment and placement of workers to service the
requirements for trained and competent Filipino workers of
foreign governments and their instrumentalies, and such
other employers as public interests may require, the
administration shall deploy only to countries where the
Philippines has concluded bilateral labor agreements or
arrangements: Provided, That such courtries 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."
 REVISED POEA RULES AND REGULATIONS
GOVERNING THE RECRUITMENT AND EMPLOYMENT OF
LANDBASED OVERSEAS FILIPINO WORKERS OF 2016

PART I
General Provisions

RULE I
Statement of Policy

It is the policy of the Administration:

1. To uphold the dignity and fundamental human rights of Overseas Filipino Workers and promote
full employment and equality of employment opportunities for all;
2. To protect every citizen desiring to work overseas by securing the best possible terms and
conditions of employment;
3. To allow the deployment of Overseas Filipino Workers only in countries where their rights are
protected;
4. To provide an effective gender-sensitive mechanism that can adequately protect and safeguard
the rights and interest of Overseas Filipino Workers;
5. To educate Overseas Filipino Workers through dissemination of information, not only of their
rights as workers but also of their rights as human beings, as well as instruct and guide the
workers on how to assert their rights, and provide available mechanisms to redress violations
of their rights;
6. To ensure careful selection of Filipino workers for overseas employment in order to protect the
good name of the Philippines abroad;
7. To institute a system to guarantee that Overseas Filipino Workers possess the necessary skills,
knowledge and experience for their overseas jobs;
8. To recognize the participation of the private sector in the ethical recruitment and placement of
Overseas Filipino Workers to serve national development objectives;
9. To regulate private sector participation in the recruitment and placement of workers for
overseas employment;
10. To support programs for the reintegration of returning Overseas Filipino Workers into Philippine
society;
11. To pursue, with the active participation of the private sector, the creation of an environment
conducive to the overseas employment program in order to maximize opportunities for
employment generation, facilitation, enhancement and preservation;
12. To promote and support the establishment of a shared government information system on the
overseas employment program, using a computer database to allow verification and freeflow
of data exchanges;
13. To formulate and implement, in coordination with appropriate entities concerned, a system of
promoting and monitoring the overseas employment of Filipino workers, taking into
consideration their welfare and the domestic manpower requirements;
14. To recognize recruitment agencies, non-governmental organizations, trade unions, workers’
associations, and other stakeholders, as partners of the State in the protection of Overseas
Filipino Workers and the promotion of their welfare, and to cooperate with them in a spirit of
trust, mutual respect and tripartism; and
15. To strengthen conciliation and mediation as primary modes of dispute resolution.

1
 RULE II
Definition of Terms

For purposes of these Rules, the following terms are defined as follows:

1. Accreditation — refers to the grant of authority by the Administration to a foreign

principal/employer to recruit and hire Filipino workers through a licensed recruitment agency
for overseas employment.
2. Administration — refers to the Philippine Overseas Employment Administration (POEA).
3. Administrator — refers to the Administrator of the POEA.
4. Authentication — refers to the attestation by the Philippine Consular Office or competent
authority of the genuineness of the signature appearing on the document, for the purpose of
identifying a specific document and giving credence to the official act of the notary public or
certifying officers thereon for use, if and when required, as an instrument of evidence in a
foreign country.
5. Contracted worker — refers to an Overseas Filipino Worker with employment contract/offer of
employment already processed by the POEA for overseas deployment, whether as an agency-
hire or a direct-hire.
6. Derogatory record — refers to the resolution on the finding of probable cause by the
Department of Justice for illegal recruitment or for other related crimes or offenses, or a licensed
recruitment agency whose license had been cancelled or revoked by the POEA, including its
proprietors, partners or officers, directors, and employees responsible for the commission of
the crime or offense. This includes a certification from the NBI that the person has a derogatory
record.
7. DOLE — refers to the Department of Labor and Employment.
8. Domestic worker— refers to any person engaged in domestic work (work performed in or for a
household) within an employment relationship.
9. DFA — refers to the Department of Foreign Affairs.
10. Documentation cost — refers to the actual costs incurred in the documentation of an applicant-
worker in relation to his/her application for overseas employment.
11. Employer — refers to a person, partnership, or corporation that directly signs an employment
contract, and employs, and pays salaries and benefits of workers, as well as repatriates hired
Overseas Filipino Workers.
12. Employment Contract/Offer of Employment — refers to an individual written agreement
between the principal/employer and the worker who is hired through a licensed recruitment
agency or through the Administration, containing the minimum terms and conditions of
employment as provided under these Rules.
13. Foreign Placement Agency or FPA — refers to any single proprietor, partnership or corporation
duly licensed in the host country to engage in the recruitment of foreign workers for placement
with their clients.
14. Foreign Service Contractor/Staffing Agency — refers to any single proprietor, partnership or
corporation duly licensed in the host country to recruit foreign workers for its projects or for the
projects of its clients, and remains as the employer of the deployed workers.
15. Jobs Fair — refers to an employment facilitation service that is a venue for licensed recruitment
agencies to advertise job vacancies for the purpose of recruiting qualified job applicants.
16. Jobsite — refers to the country/territory of employment as indicated in the POEA-approved
employment contract.
17. Joint and Several Liability — refers to the nature of liability of the principal/employer and the
licensed recruitment agency, for any and all claims arising out of the implementation of the
employment contract involving Overseas Filipino Workers. It shall likewise refer to the nature
of liability of partners, or officers and directors with the partnership or corporation over claims
arising from an employer-employee relationship.
18. LAC — refers to the Labor Assistance Center of the POEA located in international airports and
other exit points.

2
19. LOA — refers to the Letter of Authority issued by the Administration authorizing an accredited
foreign principal or its representative/s to participate in the screening, interview and selection
of applicants for their approved job orders, in places outside the registered business address
of the licensed recruitment agency as indicated in the Special Recruitment Authority.
20. License — refers to the document issued by the Secretary or his/her duly authorized
representative authorizing a person, partnership or corporation to operate a recruitment
agency.
21. Licensed Recruitment Agency — refers to any person, partnership or corporation duly
authorized to engage in the recruitment and placement of workers for overseas employment.
22. Master Employment Contract — refers to the model employment agreement submitted by the
principal/employer as defined under these Rules, which contains the terms and conditions of
employment of each worker to be hired by such principal/employer, with such contract to be
duly verified by the POLO or authenticated by the Philippine Embassy/Consulate and approved
by the POEA.
23. NBI — refers to the National Bureau of Investigation.
24. NLRC — refers to the National Labor Relations Commission.
25. Non-licensee — refers to a person, sole proprietor, partnership or corporation without a license
to engage in the recruitment and placement of Overseas Filipino Workers, or a licensed
recruitment agency whose license has been revoked, cancelled, expired or delisted from the
roll of licensed recruitment agencies.
26. Overseas Employment Certificate (OEC) — refers to the document issued to Overseas Filipino
Workers, which serves as proof that the worker has been processed by the Administration or
POLO.
27. 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 or country of which the
worker is not a citizen. A “person to be engaged in a remunerated activity” refers to an applicant
worker who has been promised or assured employment overseas.
28. OWWA — refers to the Overseas Workers Welfare Administration.
29. PAOS — refers to the Post-Arrival Orientation Seminar.
30. PDOS — refers to the Pre-Departure Orientation Seminar.
31. PEOS — refers to the Pre-Employment Orientation Seminar.
32. Placement Fee — refers to any and all amounts charged by a recruitment agency from a worker
for its recruitment and placement services as prescribed by the Secretary of Labor and
Employment.
33. POLO — refers to the Philippine Overseas Labor Office.
34. Principal — refers to the employer, or to a foreign placement agency or a foreign service
contractor/staffing agency, hiring Filipino workers for overseas employment through a licensed
recruitment agency or through the Administration.
35. POCB — refers to the Philippine Overseas Construction Board.
36. Recruitment Agreement — refers to an agreement by and between the principal and the
licensed recruitment agency or the Administration defining their rights and obligations on the
recruitment and employment of workers.
37. Recruitment and Placement — refers to any act of canvassing, enlisting, contracting,
transporting, utilizing, hiring or procuring workers, and includes referring, contracting services,
promising or advertising for employment abroad, whether for profit or not.
38. Registration of Worker — refers to the act of entering in the official records of the Administration
the names of overseas job seekers and contracted workers.
39. Regular/Documented Overseas Filipino Worker — refers to one:
a. who possesses a valid passport and appropriate visa or permit to stay and work in the
receiving country; and
b. whose contract of employment has been processed by the POEA or the POLO.
40. Returning Worker or Balik-Manggagawa— refers to an Overseas Filipino Worker who has
served or is serving his/her employment contract and is:
a. returning to the same employer and the same job site; or

3
 b. returning to the same employer in a new job site.
It shall also include an Overseas Filipino Worker who has started employment with a new
employer and is returning to the said employer.
41. SEC — refers to the Securities and Exchange Commission.
42. Service Fee — refers to the amount paid to a licensed recruitment agency or to the
Administration (in the case of government-to-government hired workers) by foreign
principals/employers, as payment for actual services rendered in relation to the recruitment and
placement of workers.
43. Special Recruitment Authority — refers to the authority granted to a licensed recruitment
agency to conduct recruitment outside of its registered business address.
44. Standard Employment Contract — refers to the POEA-prescribed contract containing the
minimum terms and conditions of employment.
45. TESDA — refers to the Technical Education and Skills Development Authority.
46. Underage Migrant Worker —refers to one who is below the minimum age requirement for
overseas employment as prescribed by the POEA Governing Board.

4
 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:

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

5
 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:

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:

6
 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;
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.

7
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.

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.

8
 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

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:

9
 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.

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.

10
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

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

11
directors within thirty (30) calendar days from the date of such change, and submit the following
supporting documents:

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.

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

12
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, 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;

13
 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 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

14
 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.

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.

15
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

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.

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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 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:

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 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 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.

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 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 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 IX
Departure and Arrival of Overseas Filipino Workers

SECTION 72.Departure of Workers. — All departing Overseas Filipino Workers shall present their
OECs to the Immigration Officer. For this purpose, the Administration, in coordination with the Bureau
of Immigration, shall establish a one-stop validation procedure in all exit points for all departing
Overseas Filipino Workers.

In the absence of the one-stop validation procedure, Overseas Filipino Workers shall present their
OECs to the POEA-LAC.

SECTION 73.Issuance of OEC at LAC. — The Administration may issue OEC at the LAC only to the
following:

a. Workers on special/emergency leave; and

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 b. Cabin crew/flight attendants.

SECTION 74.Lost OEC. — In case of a lost OEC, Overseas Filipino Workers may request in writing a
certification from the LAC or the Administration stating that the worker has been issued OEC and
specifying the details of the lost OEC.

SECTION 75.Arrival of Overseas Filipino Workers. — The Administration, through the LAC, shall
support OWWA and other government agencies in providing assistance to arriving Overseas Filipino
Workers, particularly those who are in distress.

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:

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 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;
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, remittance of
foreign exchange earnings, separation from jobs, departures and such other matters or
information as may be required by the Secretary under penalty of law;

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 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 monetary
or financial considerations, or for any other reasons, other than those 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
documentation and processing for purposes of deployment, in cases where the 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 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.

RULE XI
Legal Assistance and Enforcement Measures

SECTION 78. Anti-Illegal Recruitment and Anti-Trafficking in Persons Programs. — The

Administration shall adopt policies and procedures, prepare and implement programs toward the
eradication of illegal recruitment and trafficking in persons committed by means of, or in the guise of
recruitment for overseas employment such as, but not limited to the following:

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 a. Legal assistance and counseling to victims on criminal and/or administrative actions;
b. Investigation and conduct of operations such as surveillance of persons and entities,
closure of establishment, and assistance during entrapment/arrest;
c. Prosecution including legal assistance to victims during preliminary investigation and
during trial in collaboration with the prosecutors of the Department of Justice; and
d. Information and education campaign on overseas employment and anti-illegal
recruitment and anti-trafficking in persons.

Whenever necessary, the Administration shall coordinate with other appropriate entities in the
implementation of said programs.

SECTION 79. Anti-Illegal Recruitment Fund. — The Administration shall establish an anti-illegal
recruitment fund to support victims of illegal recruitment and trafficking in persons during investigation
and prosecution, and for other anti-illegal recruitment and anti-trafficking in persons programs.

In furtherance of this objective, the Administration may enter into partnerships with the private sector,
local or international organizations and other government agencies.

SECTION 80.Receiving Complaints.— Victims of illegal recruitment or trafficking in persons involving

recruitment for overseas employment and related cases may report or file a complaint with the DOLE
or its regional offices, or the Administration or its regional centers/extension units.

SECTION 81.Action on the Complaint/Report.— Where the complaint/report alleges that illegal
recruitment and/or trafficking in persons involving recruitment for overseas employment are on-going,
and such activities are confirmed in the preliminary examination of the complainants and the witnesses
or through the conduct of surveillance, the Director of the Licensing and Regulation Office (Director-
LRO) shall recommend to the Administrator the issuance of a Closure Order.

SECTION 82.Surveillance.—- The Administrator and/or designated official in the DOLE regional offices
may, on his/her own initiative, conduct surveillance on the alleged illegal recruitment activities and
trafficking in persons involving recruitment for overseas employment.

Within two (2) days from the termination of surveillance, a report supported by an affidavit shall be
submitted to the Director-LRO or the DOLE Regional Director concerned, as the case may be.

SECTION 83.Issuance of Closure Order.— The Secretary or the Administrator or the DOLE Regional
Director of the appropriate regional office outside the National Capital Region, or their duly authorized
representatives, may conduct an ex-parte preliminary examination to determine whether the activities
of a non-licensee violate existing laws or constitute a danger to national security and public order or will
lead to further exploitation of job seekers. The Secretary, the Administrator or the DOLE Regional
Director concerned or their duly authorized representatives, may also 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.

If upon the preliminary examination or surveillance, the Secretary, the Administrator or DOLE Regional
Director is satisfied that there is a violation of the law or such danger or exploitation exists, a written
order shall be issued for the closure of the establishment.

SECTION 84. Implementation of Closure Order. — The Closure Order shall be served upon the
offender or the person-in-charge of the establishment subject thereof. The closure shall be effected by
sealing and padlocking the establishment and posting a notice of such closure in bold letters in 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.

22
The Secretary, the Administrator or the DOLE Regional Director concerned shall recommend the
immediate cancellation/revocation of the business permit to the local government unit where such
establishment operates.

SECTION 85.Effect of Closure Order.— All officers and employees of the entity responsible for the
illegal recruitment activity shall be ordered included in the list of persons with derogatory records as
provided in Section 3,and will be disqualified from participating in the overseas employment program of
the government.

SECTION 86. Report on Implementation. — A report on the implementation of the closure order
executed under oath shall be submitted to the LRO Director or the DOLE Regional Director concerned,
as the case may be, within two (2) days from the date of implementation.

SECTION 87. Institution of Criminal Action. — The Secretary, the Administrator or the DOLE Regional
Director concerned, or their duly authorized representatives or any aggrieved person, may initiate the
corresponding criminal action.

Where a complaint is filed with the Administration and the same is proper for preliminary investigation,
it shall endorse the corresponding complaint and supporting documents to the proper prosecution office.

SECTION 88. Who May File a Motion to Re-Open 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. The persons or entity against whom the closure order was issued or the duly
authorized representative; or
d. Any other person or entity legitimately operating within the premises
closed/padlocked and whose operations/activities are distinct from the recruitment
activities of the person/entity subject of the closure order.

SECTION 89.Grounds for Re-Opening the Establishment.— An establishment which has been closed
by the Administration may be re-opened on the following grounds:

a. The office is not the subject of the Closure Order;

b. 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 a license; or
c. The office is shared by a person/entity not involved in illegal recruitment activities,
whether directly or indirectly.

SECTION 90. Motion to Lift a Closure Order.— A Motion to Lift a Closure Order may be entertained
only when it is verified and filed by the person or entity against whom the closure order was issued or
its duly authorized representative, with the LRO or the DOLE Regional Director within ten (10) calendar
days from the date of implementation thereof.

The Motion shall clearly state the ground/s upon which it is based, attaching thereto the documents in
support thereof. A Motion to Lift which does not comply with the requirements herein set forth shall be
denied.

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SECTION 91. Grounds for Lifting a Closure Order. — The lifting of the Closure Order may be granted
when the person/entity has proven that it is not involved in illegal recruitment activities, whether directly
or indirectly.

The lifting of the Closure Order shall include the removal of the entity and the names of the persons
from the list of persons with derogatory record. The lifting of a Closure Order is, however, without
prejudice to filing of criminal action with the appropriate office against any other person alleged to have
conducted illegal recruitment activities that led to the issuance of the Closure Order.

SECTION 92. Appeal. — The Order of the Administrator denying the Motion to Lift a Closure Order or
Motion to Re-open may be appealed to the Secretary within ten (10) days from the service or receipt
thereof.

Any motion filed on the denial of a motion to lift shall be treated as an appeal.

SECTION 93. Re-padlocking of Office. — The Administration 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 no longer be subject to a
Motion to Lift.

SECTION 94.Prohibition on the Use of Establishment or Space Subject of a Closure Order.— The
establishment or space subject of an existing Closure Order shall not be used for any purpose. Violation
of this section shall be dealt with accordingly.

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 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.
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

25
 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:

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.

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.

26
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 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.

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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.

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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 RULE II
Documentation and Deployment of Overseas Filipino Workers

SECTION 114.Deployment of Overseas Filipino Workers. — The State shall allow the deployment of
Overseas Filipino Workers only in countries where the rights of Overseas Filipino 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 ratifier of multilateral conventions, declarations or
resolutions relating to the protection of workers including migrant workers; or
c. It has concluded a bilateral agreement or arrangement with the government on the
protection of the rights of OFWs.

Provided, that, the receiving country is taking positive, concrete measures to protect the rights of
workers in furtherance of any of the guarantees under subparagraphs (a), (b) and (c) hereof.

The DFA, through its foreign posts, shall issue a certification to the Administration, 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
Overseas Filipino Workers.

The Administration, through a Governing Board Resolution, shall allow the deployment of Overseas
Filipino Workers only to countries certified by the DFA as compliant with the guarantees for the
protection of the rights of Overseas Filipino Workers.

SECTION 115.Deployment of Overseas Filipino Workers to Companies and Contractors with

International Operations in Countries not Certified by the DFA as Compliant.— The Administration shall
allow the deployment of Overseas Filipino Workers to companies and contractors with international
operations in countries not certified by the DFA as compliant: Provided, such companies and
contractors are compliant with standards, conditions and requirements, as embodied in the employment
contracts prescribed by the Administration and in accordance with internationally-accepted standards.

SECTION 116.Ban or Termination of Deployment.— Notwithstanding the provisions of the preceding

sections, in pursuit of national interest or when public welfare so requires, the POEA Governing Board
may, after consultation with the DFA, at any time impose or terminate a ban on the deployment of
Overseas Filipino Workers.

The Administration, based on reports, may recommend to the POEA Governing Board a reduction in
the deployment of Overseas Filipino Workers.

SECTION 117.Documentary Requirements for the Processing of Agency-Hires.— The following

documents shall be submitted for contract processing and documentation of new hires:

a. Request for processing (RFP) using the POEA-prescribed form indicating the following:

1. name of OFW;
2. position;
3. salary;
4. contract duration;
5. job site;
6. particulars of certificate of cover of mandatory insurance; and
7. name of principal based on the POEA-approved master employment contract.

29
 b. Passport valid at least six (6) months from the intended date of departure;
c. Valid and appropriate visa;
d. Individual verified employment contracts for low/semi-skilled workers;
e. One-page summary of the contract for other highly-skilled and professional Overseas
Filipino Workers containing the following basic contract provisions:

1. name, birthdate, and sex of the worker;

2. name of employer;
3. job site;
4. position;
5. basic salary, overtime pay, and allowances;
6. food and accommodation;
7. contract duration; and
8. mandatory insurance provider and certificate of cover/policy number.

f. Pre-Employment Orientation Seminar (PEOS) and Pre-Departure Orientation Seminar

(PDOS) Certificates;
g. Certificate of medical fitness issued by DOH-accredited medical clinics for OFWs;
h. Educational attainment; and
i. TESDA Skill Certification.

SECTION 118.Documentary Requirements for the Processing of Domestic Worker.— The following
documents shall be submitted for contract processing and documentation of newly hired domestic
workers:

a. Request for processing (RFP) using POEA prescribed form indicating the following:

1. name of OFW;
2. position;
3. salary;
4. contract duration;
5. job site;
6. particulars of certificate of cover of mandatory insurance; and
7. name of the foreign placement agency and the employer.

b. Passport valid at least six (6) months from the intended date of departure;
c. Valid and appropriate visa;
d. Individual verified employment contract;
e. Pre-Employment Orientation Seminar (PEOS), Pre-Departure Orientation Seminar
(PDOS), and Comprehensive Pre-Departure Education Program (CPDEP) Certificates;
f. Certificate of medical fitness issued by DOH-accredited medical clinics for OFWs; and
g. TESDA Skill Certification.

SECTION 119.Minimum Age for Deployment and Compensation of Domestic Worker.— The minimum
deployment age and the minimum salary of a domestic worker shall be determined by the POEA
Governing Board.

SECTION 120.Issuance of Overseas Employment Certificate.— An OEC shall be issued only upon
compliance with the documentary requirements for contract processing and payment of POEA
processing fee and OWWA Membership contribution.

SECTION 121. Validity of Overseas Employment Certificate and Period to Deploy. — An OEC shall
be valid for sixty (60) days from date of issuance within which period the licensed recruitment agency

30
shall deploy its documented Overseas Filipino Workers. The licensed recruitment agency shall report
to the Administration within fifteen (15) days from the expiry date of the OEC, in case of non-deployment
and the reason/s therefor.

In case of issuance of multiple OEC, its validity shall depend on contract duration.

SECTION 122. Registration of Returning Overseas Filipino Workers. — A. The registration of the
returning Overseas Filipino Workers as defined in these Rules shall be through on-line or by submission
of the following documents to the Administration or to the POLOs for registration:

1. Passport valid at least six (6) months from the date of intended departure;
2. Valid and appropriate visa or work permit; and
3. Certificate of insurance coverage similar to the benefits provided under the
mandatory insurance coverage contained in Section 37-A of RA 8042, as
amended, at the option of the Overseas Filipino Worker.

B. For returning Overseas Filipino Workers who are not registered with the Administration or who
changed employers on-site, the following additional requirements shall be required:

1. Proof of existing employment such as payroll slip or valid company identification

card;
2. Existing employment contract;
3. Affidavit stating the circumstances regarding the deployment; and
4. Certificate of insurance coverage similar to the benefits provided under the
mandatory insurance coverage contained in Section 37-A of RA 8042, as
amended, at the option of the worker.

C. In case of issuance of multiple OECs, its validity shall depend on contract duration.

SECTION 123. Ban on Direct Hires. — No employer shall directly hire an Overseas Filipino Worker
for overseas employment.

SECTION 124.Exemption from the Ban on Direct Hiring. — The following are exempted from the ban
on direct hiring:

a. Members of the diplomatic corps;

b. International organizations;
c. Heads of state and government officials with the rank of at least deputy minister;
or
d. Other employers as may be allowed by the Secretary of Labor and Employment,
such as:

1. Those provided in (a), (b) and (c) who bear a lesser rank, if endorsed by the
POLO, or Head of Mission in the absence of the POLO;
2. Professionals and skilled workers with duly executed/authenticated contracts
containing terms and conditions over and above the standards set by the
POEA. The number of professional and skilled Overseas Filipino Workers hired
for the first time by the employer shall not exceed five (5). For the purpose of
determining the number, workers hired as a group shall be counted as one; or
3. Workers hired by a relative/family member who is a permanent resident of the
host country.

SECTION 125. Documentary Requirements for Registration of Overseas Filipino Workers Hired by
Employers who are Exempted from the Ban on Direct Hiring. — The Overseas Filipino Workers hired

31
by those employers exempted from the ban on direct hiring may be registered by the Administration
upon submission of the following documents:

a. Verified/authenticated original employment contract which is over and above the

POEA-prescribed employment contract;
b. Passport valid at least six (6) months from the date of intended departure;
c. Valid and appropriate visa or work permit;
d. Certificate of medical fitness;
e. Proof of certificate of insurance coverage covering at least the benefits provided
under Section 37-A of RA 8042, as amended;
f. Certificate of attendance to the required employment orientation/briefing; and
g. Clearance from the Secretary of Labor and Employment for those covered under
Section 124 (d) of these Rules.

The Administration shall ensure that the worker is made fully aware of the terms and conditions of the
employment contract and the advantages and disadvantages of direct-hiring.

SECTION 126. In-House Processing Facility. — The Administration shall develop and create a system
for in-house processing through electronic submission at the Land-based Center for all agencies.

32
 PART IV
PLACEMENT BY THE ADMINISTRATION

RULE I
Recruitment and Placement Through the Administration

SECTION 127. Hiring through the Administration. — The Administration shall recruit and place
Overseas Filipino Workers primarily on government-to-government arrangements and shall therefore
service the hiring of foreign governments and their instrumentalities. The Administration shall deploy
only to countries where the Philippines has concluded bilateral labor agreements or arrangements.

As far as practicable, the Administration shall recruit and place Overseas Filipino Workers primarily on
a government-to-government arrangement, or to labor markets not being serviced by the private sector.

In pursuance thereof, the Administration shall, among others:

a. Administer programs and projects that may support the employment development
objectives of the Administration;
b. Set parameters in servicing other foreign clients; and
c. Undertake, in coordination with POEA Regional Centers and Extension Units as
well as DOLE Regional Offices and concerned local government units, organized
recruitment activities in the provinces in aid of the employment dispersal efforts of
the government.

SECTION 128. Recruitment and Placement of Overseas Filipino Workers. — All employers hiring
through the Administration shall undertake the recruitment and placement of Overseas Filipino Workers
through the facilities of the Administration. The activities shall include, but not be limited to: interview
and selection, referral for medical examination, processing of contracts, assistance in securing
passports and appropriate visas, pre-employment orientation, pre-flight briefing, and travel
arrangements.

SECTION 129.Fees and Costs Chargeable to Principal/Employer.— Unless otherwise provided by law,
regulations, or bilateral agreement or arrangement, the principal/employer shall be responsible for the
payment of the following:

1. Visa and/or work permit fee;

2. Air fare;
3. POEA processing fee; and
4. OWWA Membership contribution.

SECTION 130.Fees/Costs Chargeable to the Overseas Filipino Workers.— Unless otherwise provided
by law, regulations, or bilateral agreement or arrangement, the Overseas Filipino Worker shall pay for
the following documentation costs:

1. Passport;
2. NBI/police/barangay clearance;
3. Authentication/notarization;
4. Birth certificate;
5. School credentials;
6. Trade test/assessment, if necessary;
7. Medical/health examination; and
8. Inoculation, when required by host country.

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SECTION 131. Foreign Employer's Guarantee Fund. — For Overseas Filipino Workers recruited
through a government-to-government arrangement, the Administration shall, through relevant
guidelines, establish and administer a Foreign Employer’s Guarantee Fund (FEGF) which shall be
answerable for the Overseas Filipino Workers’ monetary claims arising from breach of contractual
obligations. The same must be included in bilateral agreements on government-to-government hiring.

SECTION 132.Fees and Contributions.— All employers hiring through the Administration shall pay to
the Administration a service fee, inclusive of the OWWA contribution, payable prior to the issuance of
the OEC of the Overseas Filipino Worker. Such payment shall not be levied on the selected applicant
by the employer.

Prior to the worker’s departure, the employer shall be required to contribute to the FEGF to cover the
worker’s monetary claims arising from breach of contractual obligations of the employer, including
attendant repatriation expenses.

Over and above the contribution to the FEGF, and in case of termination of overseas employment
without just, valid or authorized cause as defined by law or contract, the employer shall pay the worker
his/her salaries for the unexpired portion of the employment contract.

SECTION 133.Parameters for Government-to-Government Hiring.— The Administration shall recruit

and place workers for foreign employers under the following parameters and criteria:

a. As may be requested and specified by the foreign government employer;

b. As a ready “good will vehicle” for prospective employers endorsed by diplomatic
missions or as a result of high-level meetings; and
c. For new or novel markets or alternative manpower mobilization arrangements on
a pilot or experimental basis, or for hiring projects triggered by certain recruitment
violations and exploitative practices of licensed recruitment agencies.

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 PART V
EMPLOYMENT STANDARDS

RULE I
Formulation of Employment Standards

SECTION 134. Employment Standards. — The Administration shall secure the best possible terms
and conditions of employment for Overseas Filipino Workers. As such, it shall develop and continually
review employment standards in accordance with policy thrusts and market developments.

SECTION 135. Minimum Provisions of Employment Contracts. — Consistent with welfare promotion
thrusts of the Administration, the following shall be the minimum provisions in employment contracts for
Overseas Filipino Workers:

a. Complete name and address of the employer/company;

b. Position and jobsite of the Overseas Filipino Worker;
c. Basic monthly salary, including benefits and allowances and mode of payment.
The salary shall not be lower than the prescribed minimum wage in the host country
or prevailing minimum wage in the National Capital Region of the Philippines,
whichever is higher;
d. Food and accommodation or the monetary equivalent which shall be
commensurate to the cost of living in the host country, or off-setting benefits;
e. Commencement and duration of contract;
f. Free transportation from and back to the point of hire, or off-setting benefits, and
free inland transportation at the jobsite or off-setting benefits;
g. Regular work hours and day off;
h. Overtime pay for services rendered beyond the regular working hours, rest days
and holidays;
i. Vacation leave and sick leave for every year of service;
j. Free emergency medical and dental treatment;
k. Just/valid/authorized causes for termination of the contract or of the services of the
workers, taking into consideration the customs, traditions, norms, mores, practices,
company policies and the labor laws and social legislations of the host country;
l. Settlement of disputes;
m. Repatriation of worker in case of imminent danger due to war, calamity, and other
analogous circumstances, at the expense of employer; and
n. In case of worker’s death/repatriation of Overseas Filipino Workers human remains
and personal belongings, at the expense of the employer.

The Administration may formulate country- or skills-specific policies and guidelines based on the
following:

a. Existing labor and social laws of the host country;

b. Relevant bilateral and multilateral agreements or arrangements with the host
country; and
c. Prevailing conditions/realities in the market.

SECTION 136. Freedom to Stipulate. — Parties to overseas employment contracts are allowed to
stipulate other terms and conditions and other benefits. These benefits should be over and above the
minimum requirements. Said benefits shall not be contrary to law, public policy and morals.

SECTION 137. Disclosure of Terms and Conditions of Employment. — The licensed recruitment
agency shall, prior to the signing of the employment contract, inform the Overseas Filipino Workers of
their rights and obligations, and disclose the full terms and conditions of employment. The licensed

35
recruitment agency shall likewise ensure that the Overseas Filipino Worker is provided with a copy of
the POEA-approved contract, to give the Overseas Filipino Worker ample opportunity to examine the
same.

36
 PART VI
RECRUITMENT VIOLATIONS AND
DISCIPLINARY ACTION CASES

RULE I
Jurisdiction

SECTION 138. Jurisdiction. — The Administration shall exercise original and exclusive jurisdiction to
hear and decide all cases which are administrative in character, involving or arising out of violations of
recruitment rules and regulations, including refund of fees collected from Overseas Filipino Workers
and any violation of the conditions for the issuance of the license to recruit Overseas Filipino Workers.

The Administration shall likewise exercise original and exclusive jurisdiction to hear and decide
disciplinary action cases against Overseas Filipino Workers and principals/employers that are
administrative in character, excluding money claims.

RULE II
Conciliation of Complaints

SECTION 139. Mandatory Conciliation of Complaints. — Before docketing, the Administration or the
POLO, shall mandatorily conciliate any complaint involving an Overseas Filipino Worker, licensed
recruitment agency, or principal/employer relating to overseas employment.

In case of money claims, the same will also be conciliated in accordance with the Single Entry Approach
(SEnA). The failure to arrive with a settlement shall cause the endorsement of the complaint to the
appropriate office. In cases falling under Section 143 (g) and (h) herein, the settlement shall be for the
return of the full amount excessively/illegally collected.

However, the following cases are not subject to SEnA:

a. Cases referred by the POLO or any other government agency;

b. Cases initiated by the Administration; and
c. Cases involving acts of misrepresentation for the purpose of securing a license.

SECTION 140. Conciliation Proceedings. — Within five (5) days upon receipt of the complaint, the
Administration shall notify the respondent and schedule a conference between the parties to discuss
the possibility of arriving at an amicable settlement.

Where an amicable settlement is reached, the Administration shall approve the same and the settlement
shall be final and binding upon the parties.

Where efforts for amicable settlement fail, the conciliation proceedings shall be terminated and the
complaint shall be referred to the appropriate office immediately.

SECTION 141. Administrative Sanction. — Unjustified failure by the licensed recruitment agencies,
principal/employer or an Overseas Filipino Worker to abide by the terms of the approved settlement
shall warrant suspension from participation in the overseas employment program, until compliance with
or satisfaction of the approved settlement.

In case of failure of any party to comply with terms of the approved settlement despite the lapse of thirty
(30) days from date of imposition of suspension from participation in the overseas employment program,
the Administration shall, upon motion of the aggrieved party or on its own initiative, issue a Writ of
Execution for the enforcement of the settlement award.

37
SECTION 142.Confidentiality of the Conciliation Proceeding. — The proceeding for conciliation is
confidential in nature. No evidence or testimony introduced therein shall be admissible as evidence in
any other proceedings.

RULE III
Recruitment Violation Cases, Classification of Offenses and
Schedule of Penalties

SECTION 143. Grounds for Imposition of Administrative Sanctions Against a Licensed Recruitment
Agency. — Commission by a licensed recruitment agency of any of the offenses below shall be a ground
for the imposition of the corresponding penalty.

I. SERIOUS OFFENSES are those that, by their nature and effect, are punishable by cancellation of
license.

a. Knowingly deploying a minor.

Penalty: Cancellation of License

b. Engaging in acts of gross misrepresentation for the purpose of securing a license or

renewal thereof, such as violation of the Anti-Dummy Law, or giving false information or
fictitious documents in relation to a matter that is material for the approval of the license
application or renewal.

Penalty: Cancellation of License

c. Engaging in an act of reprocessing by documenting workers through a job order that

pertains to: (1)non-existent work; (2) positions different from the actual overseas work or
for positions different from the actual visa category, unless covered by an undertaking of
visa usage by the licensed recruitment agency and an affidavit of awareness and consent
by the worker, and a job description signed by the worker and approved by the
Administration; or (3) a different principal/employer whether or not accredited with the
POEA.

Penalty: Cancellation of License

d. Engaging in the recruitment or placement of workers in jobs declared by the Administration

as harmful to public health or morality or to the dignity of the Republic of the Philippines.

Penalty: Cancellation of License

e. Transfer or change of ownership or control of a single proprietorship licensed to engage in

overseas employment.

Penalty: Cancellation of License

f. For the sole proprietor, partner, or officer/s or member/s of the Board of any licensed
recruitment agency to become an officer or member of the Board of any corporation or
partnership engaged directly or indirectly in the management of a travel agency.

Penalty: Cancellation of License

38
 g. Charging and collecting of placement fee for deployment to countries where the prevailing
system, either by law, policy or practice does not allow the charging and collection of
placement and recruitment fees as determined by the Administration.

Penalty: Cancellation of License and refund of the placement and recruitment fee
collected from the worker, with interest at 6% per annum from collection.

h. Charging and accepting directly or indirectly any amount greater than that specified in the
schedule of allowable placement fees, or when such charging or collection is prohibited by
any law, rules or policy, or making a worker pay or acknowledge any amount greater than
that actually received by him/her as loan or advance.

Penalty: Cancellation of License plus refund of the excess placement fee collected from
the worker, with interest at 6% per annum from collection.

i. Passing on to the worker fees and costs chargeable to the principal/employer.

Penalty: Cancellation of License plus refund of the fees and costs collected from the
worker, with interest at 6% per annum from collection.

j. Deploying workers whose employment and travel documents were not processed by the
Administration.

Penalty: Cancellation of License

k. Allowing a non-Filipino citizen to head or manage, directly or indirectly, a licensed

recruitment agency. For this purpose, “heading or managing” a licensed recruitment agency
shall refer to:

1. controlling and supervising the operations of the licensed recruitment agency or any
branch thereof; or
2. exercising the authority to hire or fire employees and to lay down and execute
management policies of the licensed recruitment agency or branch thereof.

Penalty: Cancellation of License

II. LESS SERIOUS OFFENSES are those that by their nature and effect are punishable by the penalty
of suspension to cancellation of license.

l. Knowingly deploying a worker below the minimum age requirement.

Penalty:
1st Offense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rdOffense — Suspension of License (One year and One day to Two years)
4thOffense — Cancellation of License

m. Charging, imposing and accepting directly or indirectly, any amount of money, goods or
services, or any fee or bond for any purpose whatsoever before employment is obtained
for an applicant worker.

Penalty:
1stOffense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)

39
 3rdOffense — Suspension of License (One year and One day to Two years)
4thOffense — Cancellation of License

The penalty shall carry the accessory penalty of refund of the fee collected from the worker
in case of non-deployment, with interest at 6% per annum.

n. Collecting any fee from a worker without issuing the official receipt clearly showing the
amount paid and the purpose for which payment was made.

Penalty:
1stOffense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rdOffense — Suspension of License (One year and One day to Two years)
4thOffense — Cancellation of License

o. Engaging in any other acts of misrepresentation in connection with recruitment and

placement of workers, such as furnishing or publishing any false notice, information or
document in relation to recruitment or employment.

Penalty:
1stOffense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rdOffense — Suspension of License (One year and One day to Two years)
4thOffense — Cancellation of License

p. Obstructing inspection by the Secretary, the Administrator or their duly authorized

representatives.

Penalty:
1st Offense — Suspension of License (Two Months to Six Months)
2ndOffense — Suspension of License (Six Months and One day to One year)
3rdOffense — Suspension of License (One year to Two years)
4thOffense — Cancellation of License

q. Substituting or altering, to the prejudice of the worker, a POEA-approved employment

contract, 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 POLO or POEA.

Penalty:
1stOffense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rdOffense — Suspension of License (One year and One day to Two years)
4thOffense — Cancellation of License

r. Withholding or denying release of travel or other pertinent documents from a worker despite
demand.

Penalty:
1stOffense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rdOffense — Suspension of License (One year to Two years)
4thOffense — Cancellation of License

Plus return of the documents, or refund of the cost of the documents that the licensed
recruitment agency failed to return.

40
s. Engaging in recruitment activities in places other than that specified in the license or branch
authority without a special recruitment authority.

Penalty:
1stOffense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rdOffense — Suspension of License (One year and One day to Two years)
4thOffense — Cancellation of License

t. Appointing or designating, representatives or employees without notice to the

Administration, in accordance with Section 27 of these Rules.

Penalty:
1stOffense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rdOffense — Suspension of License (One year and One day to Two years)
4thOffense — Cancellation of License

u. Allowing an accredited principal/employer or its representative to conduct or participate in

recruitment activities outside the registered business address of the licensed recruitment
agency without prior approval from the Administration.

Penalty:
1stOffense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rdOffense — Suspension of License (One year and One day to Two years)
4thOffense — Cancellation of License

v. Allowing persons who are disqualified to participate in the overseas employment program
under existing laws, rules and regulations to participate in the ownership, management and
operation of the recruitment agency.

Penalty:
1stOffense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rdOffense — Suspension of License (One year and One day to Two years)
4thOffense — Cancellation of License

w. Failure to reimburse expenses incurred by the worker in connection with his/her

documentation and processing for purposes of deployment, where deployment does not
take place without any fault on the part of the worker.

Penalty:
1stOffense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day toOne year)
3rdOffense — Suspension of License (One year and One day to Two years)
4thOffense — Cancellation of License

The penalty shall carry the accessory penalty of immediate refund of expenses incurred by
the worker.

x. Failure to comply with any of the undertakings submitted to the Administration in relation to
Section 4(F).

Penalty:

41
 1stOffense — Suspension of License (Two Months to
Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rdOffense — Suspension of License (One year and One day to Two years)
4thOffense — Cancellation of License

y. Imposing a compulsory and exclusive arrangement whereby an OFW is required to

undergo health examinations, training, seminar, instruction or schooling of any kind only
from specifically designated institutions, entities, or persons or medical clinics, as the case
may be, unless the cost is shouldered by the principal or licensed recruitment agency.

Penalty:
1stOffense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rdOffense — Suspension of License (One year and One day to Two years)
4thOffense — Cancellation of License

z. Imposing a compulsory and exclusive arrangement whereby an OFW is required to avail

of a loan from a specifically designated institution, entity, or person.

Penalty:
1stOffense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rdOffense — Suspension of License (One year and One day to Two years)
4thOffense — Cancellation of License

aa. Refusing 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.

Penalty:
1stOffense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rdOffense — Suspension of License (One year and One day to Two years)
4thOffense — Cancellation of License

bb. Facilitating, arranging or granting of a loan to an OFW with interest exceeding eight percent
(8%) per annum which will be used for payment of legal and allowable placement fees and
making the OFW issue, either personally or through a guarantor or accommodation party,
postdated checks in relation to the said loan.

Penalty:
1stOffense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rdOffense — Suspension of License (One year and One day to Two years)
4thOffense — Cancellation of License

cc. Failure to monitor and report significant incidents regarding the condition and status of the
deployed worker in relation to Section 209.

Penalty:
1stOffense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rdOffense — Suspension of License (One year and One day to Two years)
4thOffense — Cancellation of License

42
 dd. Collecting any amount as payment for documentation costs not prescribed by these Rules
or other issuances of the Administration, or an amount greater than the actual
documentation costs, as covered by official receipts issued by entities which received the
payments.

Penalty:
1stOffense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rdOffense — Suspension of License (One year and One day to Two years)
4thOffense — Cancellation of License

The penalty shall carry the accessory penalty of immediate refund of the excess amount of
documentation costs collected.

ee. Falsifying or altering employment or travel documents of applicant worker.

Penalty:
1stOffense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rdOffense — Suspension of License (One year and One day to Two years)
4thOffense — Cancellation of License

ff. Inducing a worker already pre-qualified/ contracted, whether deployed or not, to withdraw
from or to abandon his/her employment in order to offer him/her another, unless the transfer
is designed to liberate a worker from oppressive terms and conditions of employment.

Penalty:
1stOffense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rdOffense — Suspension of License (One year and One day to Two years)
4thOffense — Cancellation of License

gg. Willful disobedience of lawful orders, notices, or other legal processes issued by the
Administration.

Penalty:
1stOffense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rdOffense — Suspension of License (One year and One day to Two years)
4thOffense — Cancellation of License

hh. Failure to submit reports as required under the rules and other issuances of the
Administration.

Penalty:
1stOffense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rdOffense — Suspension of License (One year and One day to Two years)
4thOffense — Cancellation of License

III. LIGHT OFFENSES are those that by their nature and effect are punishable by the penalty of
reprimand to suspension of license.

ii. Influencing any person or entity not to employ any worker who has not applied for
employment through his/her agency, or influencing any person or entity not to employ any

43
 worker who has formed, joined or supported, or has contacted or is supported by any union
or workers’ organization;

Penalty:
1st Offense — Reprimand
2nd Offense — Fine of PhP20,000.00
3rd Offense — Suspension of License (One month to Three months)
4th Offense onwards — Suspension of License (Three months to Six months)

jj. Failure to actually deploy a contracted worker within sixty (60) days from the issuance of
OEC without valid reason.

Penalty:
1st Offense — Reprimand
2nd Offense — Fine of PhP20,000.00
3rd Offense — Suspension of License (One month to Three months)
4th Offense onwards — Suspension of License (Three months to Six months)

kk. Violations of other pertinent provisions of the Labor Code and other relevant laws, rules
and regulations, guidelines and other issuances on recruitment and placement of workers
for overseas employment and the protection of their welfare.

Penalty:
1st Offense — Reprimand
2nd Offense — Fine of PhP20,000.00
3rd Offense — Suspension of License (One month to Three months)
4th Offense onwards — Suspension of License (Three months to Six months)

RULE IV
Disciplinary Actions Against Principals/Employers

SECTION 144. Grounds for Disciplinary Action Against Principals/Employers and Penalties. —
Commission by a principal/employer of any of the offenses below shall be a ground for disciplinary
action for which the corresponding penalty shall be imposed.

I. The following are SERIOUS OFFENSES with their corresponding penalties:

a. Unauthorized/unjustified collection of fee or illegal exaction from an Overseas Filipino

Worker through whatever means, including salary deduction.

Penalty:
Permanent Disqualification and delisting from the roster of accredited principals/employers

b. Passing on to the worker or deducting from the Overseas Filipino Worker’s salary the
payment of the cost of the premiums, as provided under the compulsory worker’s insurance
coverage.

Penalty:
Permanent Disqualification and delisting from the roster of accredited principals/employers

c. Gross negligence leading to serious injury or illness or disability or death of the Overseas
Filipino Worker.

44
 Penalty:
Permanent Disqualification and delisting from the roster of accredited principals/employers

d. Grave misconduct against the Overseas Filipino Worker.

Penalty:
Permanent Disqualification and delisting from the roster of accredited principals/employer

e. Conviction of an offense against the Overseas Filipino worker.

Penalty:
Permanent Disqualification and delisting from the roster of accredited principals/employers

f. Compelling an Overseas Filipino Worker to work for another principal/employer or in

another jobsite/worksite, or perform work different from what is provided in the contract.

Penalty:
Permanent Disqualification and delisting from the roster of accredited principals/employers

g. Unreasonable/unjustifiable delay and refusal in securing an exit visa for an Overseas

Filipino Worker who needs to be repatriated.

Penalty:
Permanent Disqualification and delisting from the roster of accredited principals/employers

h. Non-payment or underpayment of wages and benefits.

Penalty:
Permanent Disqualification and delisting from the roster of accredited principals/employers

i. Substitution or alteration of the POEA-approved contract to the prejudice of the Overseas

Filipino Worker.

Penalty:
Permanent Disqualification and delisting from the roster of accredited principals/employers

j. Violation of the Anti-Human Trafficking Law.

Penalty:
Permanent Disqualification and delisting from the roster of accredited principals/employers

II. The following are LESS SERIOUS OFFENSES with their corresponding penalties:

k. Default on other contractual obligations to the Overseas Filipino Worker.

Penalty:
1st Offense — Suspension from participation in the overseas employment program (Six
months to One year)
2nd Offense — Permanent Disqualification and delisting from the roster of accredited
principals/employers

l. Withholding or denying of the worker’s travel and other pertinent documents.

Penalty:

45
 1st Offense — Suspension from participation in the overseas employment program (Six
months to One year)
2nd Offense — Permanent Disqualification and delisting from the roster of accredited
principals/employers

m. Non-acceptance of the results of valid health examinations conducted by a DOH-accredited

or DOH-operated clinic.

Penalty:
1st Offense — Suspension from participation in the overseas employment program
(Six months to One year)
2nd Offense — Permanent Disqualification and delisting from the roster of accredited
principals/employers

n. Failure to monitor and report the status, condition, or significant events relating to its hired
worker.

Penalty:
1st Offense — Suspension from participation in the overseas employment program
(Six months to One year)
2nd Offense — Permanent Disqualification and delisting from the roster of accredited
principals/employers

o. Negligence leading to injury or illness of the worker.

Penalty:
1st Offense — Suspension from participation in the overseas employment program
(Six months to One year)
2nd Offense — Permanent Disqualification and delisting from the roster of accredited
principals/employers

p. Simple misconduct against the worker.

Penalty:
1st Offense — Suspension from participation in the overseas employment program
(Six months to One year)
2nd Offense — Permanent Disqualification and delisting from the roster of accredited
principals/employers

RULE V
Disciplinary Action Against Overseas Filipino Workers

SECTION 145. Grounds for Disciplinary Action and their Penalties. — Commission by an Overseas
Filipino Worker of any of the offenses enumerated below shall be a ground for disciplinary action for
which the corresponding penalties shall be imposed:

I. SERIOUS OFFENSES:

A. Pre-Employment Offenses

a. Submitting, furnishing or using false information or documents or any form of

misrepresentation for the purpose of job application or employment.

46
 Penalty:
1st Offense — Suspension from participation in the overseas employment program
(Six months to One year)
2nd Offense — Suspension from participation in the overseas employment
program
(One year and one day to Two years)
3rd Offense — Permanent Disqualification from participation in the overseas
employment program.

b. Unjustified refusal to continue his/her application after signing an employment contract, or

to depart for the worksite after all employment and travel documents have been duly
approved by the appropriate government agencies.

Penalty:
1st Offense — Suspension from participation in the overseas employment program
(Six months to One year)
2nd Offense — Suspension from participation in the overseas employment program
(One year and one day to Two years)
3rd Offense — Permanent Disqualification from participation in the overseas
employment program.

B. Offenses during Employment

a. Commission of a felony, or crime punishable by the laws of the Philippines or by the host
country, committed during employment.

Penalty:
1st Offense — Suspension from participation in the overseas employment program
(Six months to One year)
2nd Offense — Suspension from participation in the overseas employment program
(One year and one day to Two years)
3rd Offense — Permanent Disqualification from participation in the overseas
employment program.

b. Assaulting a fellow worker, the principal/employer or any member of his/her family, or any
of the directors, officers, managerial or supervisorial staff of the principal/employer.

Penalty:
1st Offense — Suspension from participation in the overseas employment program
(Six months to One year)
2nd Offense — Suspension from participation in the overseas employment program
(One year and one day to Two years)
3rd Offense — Permanent Disqualification from participation in the overseas
employment program.

c. Grave abuse of authority by an officer exercising supervision over other employees.

Penalty:
1st Offense — Suspension from participation in the overseas employment program
(Six months to One year)
2nd Offense — Suspension from participation in the overseas employment program
(One year and one day to Two years)
3rd Offense — Permanent Disqualification from participation in the overseas

47
 employment program.

d. Possession or use of prohibited drugs, contraband, alcohol or pornographic materials in

violation of company policy or laws of the host country.

Penalty:
1st Offense — Suspension from participation in the overseas employment program
(Six months to One year)
2nd Offense — Suspension from participation in the overseas employment program
(One year and one day to Two years)
3rd Offense — Permanent Disqualification from participation in the overseas
employment program.

e. Unjustified refusal to be repatriated in case of mandatory repatriation in accordance with

the declaration of the Philippine government.

Penalty:
1st Offense — Suspension from participation in the overseas employment program
(Six months to One year)
2nd Offense — Suspension from participation in the overseas employment program
(One year and one day to Two years)
3rd Offense — Permanent Disqualification from participation in the overseas
employment program.

II. LESS SERIOUS OFFENSES

f. Unjustified breach of employment contract.

Penalty:
1st Offense — Suspension from participation in the overseas employment program
(Two months to Six months)
2nd Offense — Suspension from participation in the overseas employment program
(Six months and One day to One year)
3rd Offense — Permanent Disqualification from participation in the overseas
employment program.

g. Embezzlement of company funds or monies and/or properties of a fellow worker entrusted

for delivery to kin or relatives in the Philippines.

Penalty:
1st Offense — Suspension from participation in the overseas employment program
(Two months to Six months)
2nd Offense — Suspension from participation in the overseas employment program
(Six months and One day to One year)
3rd Offense — Permanent Disqualification from participation in the overseas
employment program.

h. Violation of the religious and cultural practices of the host country.

Penalty:
1st Offense — Suspension from participation in the overseas employment program
(Two months to Six months)
2nd Offense — Suspension from participation in the overseas employment program
(Six months and One day to One year)

48
 3rd Offense — Permanent Disqualification from participation in the overseas
employment program.

i. Violation of company policies and regulations.

Penalty:
1st Offense — Suspension from participation in the overseas employment program
(Two months to Six months)
2nd Offense — Suspension from participation in the overseas employment program
(Six months and One day to One year)
3rd Offense — Permanent Disqualification from participation in the overseas
employment program.

j. Insubordination or refusal to obey a lawful order of the employer or the duly authorized
representative.

Penalty:
1st Offense — Suspension from participation in the overseas employment program
(Two months to Six months)
2nd Offense — Suspension from participation in the overseas employment program
(Six months and One day to One year)
3rd Offense — Permanent Disqualification from participation in the overseas
employment program.

k. Failure to refund the cost of his/her repatriation advanced by the principal or recruitment
agency, where termination of employment was due to his/her own fault as determined by
final judgment.

Penalty:
1st Offense — Suspension from participation in the overseas employment program
(Two months to Six months)
2nd Offense — Suspension from participation in the overseas employment program
(Six months and One day to One year)
3rd Offense — Permanent Disqualification from participation in the overseas
employment program

l. Violation of the Code of Discipline for Overseas Filipino Workers.

Penalty:
1st Offense — Suspension from participation in the overseas employment program
(Two months to Six months)
2nd Offense — Suspension from participation in the overseas employment program
(Six months and One day to One year)
3rd Offense — Permanent Disqualification from participation in the overseas
employment program.

RULE IV
Filing of Complaints and Venue of Action

SECTION 146. Who May File. — An aggrieved person may file a complaint in writing and under oath
for violation of laws, rules and regulations or other issuances relating to overseas employment.

49
For this purpose, an aggrieved person is one who is prejudiced by the commission of a violation as
enumerated in the immediately preceding rules.

The Administration may, on its own initiative, conduct proceedings based on reports of violation of these
Rules and other issuances on overseas employment, subject to preliminary evaluation. The report
should state clearly the facts constituting the offense, attaching all available evidence relative thereto.
The report shall be investigated by the Adjudication Office or the POEA regional center/extension units.

SECTION 147.On-Site Complaints for Violation of the POEA Rules and Regulations.—The procedures
under Department Order No. 87-08 and/or Manual of Operations of the POLO shall be observed for on-
site complaints on violation/s of the POEA rules and regulations.

The complaint shall be in affidavit form and subscribed and sworn before a consular official of the
Philippine Embassy. It shall be accompanied by available supporting documents and a Certification of
Non-Forum Shopping and Certificate of Failure to Conciliate.

The verified complaint shall be filed with the POLO that has jurisdiction over the worksite of the
complainant. The POLO shall endorse to the Administration the complaint filed on-site, together with
the available supporting documents, for investigation.

SECTION 148. Contents of the Complaint. — All complaints must contain the following:

a. The complete name and complete address of the complainant;

b. The complete name and complete address of the respondent;
c. Specific complaint referred to in the classification of offenses;
d. The substance, cause/grounds of the complaint;
e. When and where the action complained of happened;
f. The amount of claim, if any; and
g. The relief/s sought.

The complaint shall be under oath and must be accompanied by the following:

a. Supporting documents;
b. Certificate of failure to conciliate; and
c. Certificate of non-forum shopping.

SECTION 149. Docket and Assignment of Cases. — Complaints duly received and cases initiated by
the Administration shall be docketed and raffled for investigation and hearing.

SECTION 150. Venue. — Any complaint against a licensed recruitment agency arising out of a
recruitment violation or violation of the conditions of the license, or complaint against an Overseas
Filipino Worker or a principal/employer for disciplinary action may be filed with the Adjudication Office,
or with the POEA Regional Centers/Extension Units having jurisdiction over the place where the
complainant was recruited or resides, at the option of the complainant. The Office where the complaint
was first filed shall take cognizance of the case.

SECTION 151.Change of Venue.— A complaint filed before the Adjudication Office may be transferred
to the POEA Regional Center/Extension Unit before the respondent files the Answer upon
motion/request of either party and on meritorious grounds, subject to the approval by the Administration.

SECTION 152. Referral to the POEA Regional Center/Extension Unit for Reception of Documentary
Evidence.— The Adjudication Office may, upon request of the parties, refer to the POEA Regional
Center/Extension Unit the reception of documentary evidence. The Regional Center/Extension Unit
shall endorse the received evidence to the Adjudication Office for inclusion in the case record.

50
 RULE V
Action upon Complaint/Report

SECTION 153. Issuance and Service of Show Cause Order/Summons and Filing of Answer. — Upon
receipt of the duly docketed complaint/report, the Administration shall issue a Show Cause
Order/Summons directing the respondent to file a verified Answer and not a motion to dismiss within
ten (10) calendar days from receipt, attaching proof that a copy was sent to the complainant. The Show
Cause Order/Summons including a copy of the complaint/report and its supporting documents shall be
served upon the respondent.

SECTION 154. Failure to File Answer. — In case the respondent recruitment agency fails to file an
Answer, the assigned Overseas Employment Adjudicator (OEA) shall proceed with the
investigation/hearing of the case.

An Answer filed out of time shall not be admitted except on meritorious grounds and upon motion.

In case the respondent principal/employer or the Overseas Filipino Worker fails to file the required
Answer, the case shall be archived and the respondent shall be temporarily disqualified from
participating in the overseas employment program until the respondent files an Answer.

SECTION 155. Motion for Extension. — Only one motion for extension of time to file Answer shall be
allowed. The OEA, upon receipt of such motion may, upon meritorious grounds, grant a non-extendible
period of ten (10) calendar days. However, if the allegations in the complaint/report refer to facts or
circumstances which occurred abroad, thereby making it necessary to verify with the concerned
principal/employer, a longer period not exceeding fifteen (15) days may be granted. A ruling on the
motion made by the OEA shall be entered into the minutes, or sent by personal service or by registered
mail.

SECTION 156. Proof and Completeness of Service. — The contents of the return shall be proof of
the facts stated therein. Service by registered mail or through courier is complete upon receipt by the
addressee or agent, but if the addressee fails to claim the mail from the postmaster, service shall take
effect a day after the date of the last notice. Service made at the last known address shall be sufficient
in case the office of the licensed recruitment agency is closed and no notice of change of address or
cessation of operation has been filed.

Personal service made in any registered office or officer or personnel of the licensed recruitment agency
shall likewise be sufficient. For this purpose, in case the office of the licensed recruitment agency is
closed and no notice of change of address or cessation of operation has been filed, service to the last
known address shall be deemed completed.

SECTION 157. Nature of Proceedings. — The proceedings shall comply with the requirements of due
process without strictly adhering to the technical rules of procedure and evidence applicable to judicial
proceedings. The OEA may avail himself of all reasonable means to ascertain the facts of the case.

SECTION 158. Preliminary Hearing. — The OEA may conduct a preliminary hearing with due notice
to the parties, for the purpose of:

a. The possibility of an amicable settlement;

b. The simplification of the issues;
c. The possibility of obtaining stipulations or admissions of facts and of documents to avoid
unnecessary proof;
d. The names and number of witnesses to be presented;

51
 e. The propriety of rendering judgment on the pleadings, or summary judgment, or of
dismissing the action should a valid ground exist; and
f. Such other matters that may aid in the prompt disposition of the action.

SECTION 159.Non-Appearance of Parties. — The OEA shall schedule a maximum of two (2)
hearings. If the complainant fails to appear in all of the scheduled hearings despite notice, the
complaint shall be dismissed without prejudice to the re-filing of the complaint within the prescriptive
period.

If the respondent fails to appear in all of the scheduled hearings despite notice, the complaint shall be
resolved based on the evidence on record.

Non-appearance of both parties in all scheduled hearings will result in outright dismissal of the complaint
without prejudice. If the case is re-filed and dismissed again due to non-appearance of the complainant,
the dismissal shall already be with prejudice.

SECTION 160. Clarificatory Questions. — At any stage of the proceedings and before the case is
submitted for resolution, the OEA may ask clarificatory questions to the parties or their witnesses to
further elicit relevant facts or information.

The OEA may set a hearing where the parties shall be given an opportunity to be present but without
right to examine or cross-examine. If the parties so desire, they may submit questions to the OEA who
may ask the parties or witnesses concerned.

SECTION 161. Service of Order to Appear/to Produce Documents. — The Administration may issue
an Order to appear/to produce documents specified in the Order.

The process server who personally served the Order to appear/produce documents, notice of order,
resolution or decision shall submit his/her return within five (5) calendar days from the date of his/her
service thereof, stating legibly in the return his/her name, the mode of service, the name of the other
person to whom it was served and the date of receipt. If no service was effected, the serving officer
shall state the reason. The return shall form part of the records of the case.

SECTION 162. Failure or Refusal to Obey Order to Appear/to Produce Documents. — The failure of
the officers or employers of the licensed recruitment agency to comply with an Order to appear/to
produce documents without justifiable reason shall be deemed a waiver of their right to present
evidence, and the case shall be decided in accordance with available evidence and without prejudice
to the filing of a case for non-compliance.

SECTION 163. Summary Judgment. — Should the OEA find, motu proprio or upon motion that a
resolution/decision may be rendered on the basis of the complaint, answer and evidence submitted, the
case shall be deemed submitted and a summary judgment shall be issued.

SECTION 164. Effects of Withdrawal of Complaint/Desistance. — The withdrawal of

complaint/desistance shall not bar the Administration from proceeding with the investigation of the
recruitment violation. The Administration shall resolve the case on the merits, if there is evidence
warranting the imposition of appropriate penalties.

SECTION 165. Resolution of the Case. — The OEA shall submit his/her findings and recommendations
in the form of a draft Order within six (6) months from the date of filing of the complaint. The
Administrator shall render a decision within two (2) months from receipt of the findings and
recommendations.

52
SECTION 166. Contents of Order/Resolution. — The Order/Resolution issued by the Administration
shall be clear and concise and shall include the following:

a. facts of the case;

b. issue/s involved;
c. applicable laws or rules;
d. conclusions and reasons therefor; and
e. the specific sanction, remedy or relief granted.

SECTION 167. Issuance of Order of Preventive Suspension. — Pending investigation of the recruitment
violation or a disciplinary action case, the license of the respondent recruitment agency or the
accreditation of the principal/employer, or the processing of documents of the Overseas Filipino Worker,
may be suspended for a period not exceeding the imposable penalties under the schedule of penalties.

SECTION 168.Grounds for the Issuance of Order of Preventive Suspension.—

(1) For the recruitment agency:

a. There exist reasonable grounds to believe that the continued operation of the licensed
recruitment agency will lead to further violation or exploitation of workers being recruited or
will adversely affect friendly relations with any country or will prejudice national interest; and
b. The evidence of guilt is strong that there is a case for violation of the pertinent provisions of
the Labor Code, its implementing rules and regulations, and POEA Rules and Regulations
pertaining to serious or less serious offenses as described in these Rules or any issuance
of the Administration.

(2) For a Foreign Principal/Employer:

a. When the evidence of guilt is strong; and

b. There is reasonable ground to believe that the continued deployment to the principal will
result in further violation or exploitation of Overseas Filipino Workers.

(3) For a Migrant Worker:

a. When the evidence of guilt is strong; and

b. The charge involves a serious offense.

SECTION 169.Imposition of Preventive Suspension. —

A) After submission of the Answer in accordance with Section 153 or after the lapse of the period within
which to file an Answer and after the conduct of a hearing, the Administrator may issue an Order of
Preventive Suspension in accordance with Section 168.

B) The Administration may, upon docketing of a recruitment violation case and without prior notice and
hearing, issue an Order of Preventive Suspension when the worker is a minor at the time of deployment.

C) The Administration may likewise issue an Order of Preventive Suspension upon recommendation of
the embassy/POLO, or when recommended by any government agencies who are members of the
Inter-Agency Council Against Trafficking (IACAT) or the Presidential Task Force Against Illegal
Recruitment (PTFAIR), supported by a detailed report, sworn statement/s of worker/s, and other
evidence; Provided that, the concerned party shall be given a period of five (5) days from receipt of the
Show Cause Order within which to file an Answer/Explanation. Failure to file such Answer/Explanation
within the prescribed period may result in the imposition of Order of Preventive Suspension on the
agency concerned. No Motion for Extension to file an Answer/Explanation shall be allowed.

53
On the other hand, the Administration may, upon docketing of the case against a principal or employer,
issue an Order of Preventive Suspension in the following instances:

a. When there are five (5) or more complainants and the nature of the offense involves
serious or less serious offense;
b. When the worker involved is an underage migrant worker;
c. When the worker dies or suffers severe physical/psychological maltreatment or
sexual abuse in the course of the employment; or
d. When recommended by the embassy/POLO supported by a detailed report and
sworn statement/s of workers.

In case of a foreign placement agency, an Order of Preventive Suspension shall be issued on the basis
of direct or indirect participation in the above-mentioned circumstances.

The Administrator shall render a decision within ninety (90) days from the date of receipt of the Order
of Preventive Suspension. Otherwise, the suspension shall be deemed lifted without prejudice to the
outcome of the investigation.

SECTION 170. Effects of Orders of Preventive Suspension and Suspension or Cancellation of

License. — An Order of Preventive Suspension, Suspension or Cancellation of License shall have the
effect of suspending or terminating all activities of the recruitment agency which fall under the
definition of recruitment and placement, including the processing of pending contracts of applicant
workers. The suspension or cancellation shall not, however, affect the transfer of accreditation of the
principal/employer to another licensed recruitment agency.

SECTION 171. Imposition of Fines. — In lieu of the penalty of suspension of license of the recruitment
agency, the Administration may impose the penalty of fine which shall be computed at Fifty Thousand
Pesos (PhP50,000.00) for every month of suspension.

SECTION 172. Mitigating, Aggravating or Alternative Circumstances. — In the determination of the

penalties to be imposed against a licensed recruitment agency, the following mitigating, aggravating
and alternative circumstances attendant to the commission of the offense shall be considered:

a. First offender;
b. Admission of guilt and voluntary restitution, where applicable;
c. Good faith;
d. Exemplary performance;
e. Habitual offender;
f. Prejudice to the worker;
g. Gross negligence; or
h. Other analogous circumstances.

The party must invoke in the complaint or Answer/Explanation the existence of any of the above
enumerated circumstances. However, when the imposable penalty is cancellation of license, the
attendant circumstances shall not be applied.

SECTION 173. Imposition of Penalty. — When applicable, the imposition of the penalty may be made
in accordance with the following:

a. The minimum of the penalty shall be imposed where only mitigating and no aggravating
circumstances are present.
b. The medium of the penalty shall be imposed where no mitigating and aggravating
circumstances are present.

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 c. The maximum of the penalty shall be imposed where only aggravating and no mitigating
circumstances are present.
d. Where aggravating and mitigating circumstances are present, paragraph (a) shall be
applied where there are more mitigating circumstances present; paragraph (b) shall be
applied when the circumstances equally offset each other; and paragraph (c) shall be
applied where there are more aggravating circumstances.

SECTION 174. Penalty When a Case Involves Five or More Workers. — The penalty of cancellation
of license shall be imposed upon a respondent agency found liable for committing a less serious or light
offense against five (5) or more workers in a single case.

SECTION 175.Exempting Circumstances. — The following are considered as legitimate reasons for an
Overseas Filipino Worker not to depart for the worksite, or to abandon or withdraw from employment:

a. Exposure to hazardous or demeaning working and living

conditions;
b. Refusal of the principal to grant, release or remit wages and other benefits due the
worker;
c. War, plague or other calamities or other dangerous situations at the worksite as
determined by the POEA Governing Board; and
d. Violation by the principal/employer of labor laws of the Philippines, the host country
or international labor laws.

SECTION 176.Motion for Reconsideration.— A motion for reconsideration shall be treated as an

appeal.

RULE VI
Disqualification of Principal/Employer and
Overseas Filipino Worker

SECTION 177. Failure To File The Required Answer. — In accordance with Section 154, a respondent
principal/employer or an Overseas Filipino Worker subject of a pending complaint for disciplinary action
who fails to submit to the jurisdiction of the POEA shall be disqualified from participating in the overseas
employment program until the respondent files an Answer.

SECTION 178.Automatic Disqualification of Principal/ Employer.— The name of the principal/employer

shall be automatically included in the list of disqualified principal/employer without further proceedings,
in case a final and executory judgment issued by the NLRC against the principal/employer shall not
have been satisfied. An Order to this effect shall be issued by the Administrator.

For this purpose, any party shall furnish the Administration certified true copies of the Order stating the
judgment award and the sheriff’s return indicating the failure of the principal/employer to fully satisfy the
final and executory judgment against it.

SECTION 179.Lifting of the Automatic Disqualification.— The automatic disqualification referred to in

the preceding section shall be lifted upon full satisfaction of the judgment award, as evidenced by
certified true copies of the sheriff’s return indicating full compliance/satisfaction of the judgment award
by the principal/employer.

SECTION 180.Temporary Disqualification of Principal/Employer and Overseas Filipino Worker. — A

principal/employer who refused to honor the medical result of a DOH-accredited medical clinic shall be
temporarily disqualified to participate in the overseas employment program.

55
An Overseas Filipino Worker against whom a Warrant of Arrest or a Hold Departure Order was issued
by a competent authority shall be disqualified to participate in the overseas employment program,
unless cleared by the Administration.

SECTION 181.Effect of Disqualification of Principal/Employer. — The principal/employer against whom

the penalty of disqualification had been imposed through an Order, Decision or Resolution shall be
disqualified from participating in the overseas employment program, unless cleared by the
Administration or the penalty imposed is lifted.

An Order of permanent disqualification and delisting from the roster of accredited principals/employers
is immediately executory pending appeal.

SECTION 182.Grant of Clemency to a Principal/Employer. — The Administration may, upon motion by

the principal/employer, grant clemency to a principal/employer who is penalized with the penalty of
disqualification from participation in the overseas employment program, provided, that the following
conditions exist:

a. the respondent is a first time offender;

b. the respondent did not commit a serious offense;
c. the claims against respondent have been settled;
d. the offended party has pardoned the respondent; and
e. the principal/employer has the capacity to provide decent employment for Overseas
Filipino workers.

The respondent may file a Motion for Clemency in lieu of an appeal. The filing of a Motion for Clemency
shall be deemed a waiver of the right to appeal, or the automatic withdrawal of a pending appeal.

SECTION 183.Grant of Clemency to an Overseas Filipino Worker. — The Administration may, upon
motion, grant clemency to an Overseas Filipino Worker who is penalized with the penalty of
disqualification from participation in the overseas employment program, provided, that any of the
following conditions exists:

a. The offense committed does not involve a serious offense, or crime involving moral
turpitude, misrepresentation or theft; or
b. There is a settlement of claims or the complainant has condoned the acts of
respondent.

SECTION 184.Grant of Clemency to a Partner, Officer, or Director, of a Cancelled Licensed

Recruitment Agency.— The Administration, upon motion, may grant clemency to a partner, officer or a
director of a recruitment agency whose license has been cancelled and whose name has been included
in the list of persons with derogatory record, provided, that the following conditions are met:

a. the licensed recruitment agency has only one (1) case involving not more than ten
(10) workers for which the license has been cancelled as certified by the
Adjudication Office;
b. the Officer or Director must prove that he/she did not participate in the commission
of the charged violation;
c. proof of the full satisfaction of the awards on the case, if any;
d. the complainant/s had condoned the acts of the licensed recruitment agency;
e. the partner, officer, or director has not participated in the overseas employment
program for at least four (4) years from the time of cancellation of license;
f. submission of NBI clearance; and
g. proof of publication in a newspaper of general circulation of the movant’s intent to
apply for re-admission to the overseas employment program.

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The grant of clemency under this section may be availed of only once.

RULE VII
Appeal

SECTION 185. Jurisdiction. — The Office of the DOLE Secretary shall have exclusive jurisdiction to
act on appeals from the Orders of the Administration.

SECTION 186. Period to Appeal. — The party aggrieved by a decision of the Administration may
appeal the same to the office of the DOLE Secretary within fifteen (15) calendar days from receipt of a
copy of the decision. Failure of the aggrieved party to perfect the appeal within the reglementary period
shall render the decision of the Administration final and executory.

The Docket and Enforcement Division shall not accept an appeal that is filed beyond the reglementary
period of appeal.

SECTION 187.Entry of Judgment. — The Administration shall issue an entry of judgment upon failure
to file an appeal within the reglementary period.

SECTION 188. Requirements for Appeal. — The appealing party shall file a Notice of Appeal and an
Appeal Memorandum with the Docket and Enforcement Division of the Administration.

It shall clearly point out the errors of law and/or fact in the decision appealed from and shall be verified.

In case a fine and/or monetary award is imposed against the appealing party, the appealing party shall
also file with the Administration a supersedeas bond in the amount of such fine and/or monetary award.
The supersedeas bond shall be in cash, or in a surety bond acceptable to the Administration, and shall
be valid until the case is finally resolved.

To be acceptable, the following documents shall be attached to the surety bond submitted:

a. certified copy of a valid certificate of accreditation and authority issued by the Office
of the Court Administrator of the Supreme Court containing the photograph of the
authorized agent;
b. copy of the certificate of compliance with Circular No. 66 of the Insurance
Commission duly certified by the Insurance Commission; and
c. corporate secretary’s certificate containing the specimen signatures of the agents
authorized to transact business with courts.

In case any of the above requirements is not complied within the period provided above, the appeal
shall not be given due course and Entry of Judgment shall be issued by the Administration in
accordance with the Rules of Court.

SECTION 189.Transmittal of the Records of the Case on Appeal. — Within five (5) days from receipt
of the appeal seasonably filed with the corresponding requirements, the Docket and Enforcement
Division of the Administration shall transmit the entire records of the case to the Office of the Secretary.

SECTION 190. Stay of Execution. — The Order of the Administration shall be stayed during the
pendency of the appeal except:

a. when the penalty imposed is suspension of license for twelve (12) months or more;
b. when the penalty imposed is cancellation of license; or

57
 c. when the penalty imposed is permanent disqualification against the
principal/employer.

SECTION 191. Period to Resolve the Appeal. — An Appeal from the Order of the Administration shall
be resolved by the Office of the Secretary within sixty (60) calendar days from receipt of the transmittal
of the entire records of the case.

RULE VII
Execution of Decisions

SECTION 192. Issuance of Writ of Execution. — Unless otherwise provided in these Rules, after the
Order has become final and executory, the Administration, upon motion or on its own initiative, shall
issue a writ of execution requiring the Enforcement Officer to enforce a monetary award and/or fine
imposed in the decision.

SECTION 193. Issuance, Form and Contents of a Writ of Execution. — The writ of execution must be
issued in the name of the Republic of the Philippines, requiring the Enforcement Officer to execute the
Orders of the Administrator or the Office of the Secretary or his/her duly authorized representative, as
the case may be.

The writ of execution must contain the dispositive portion of the Order or decision sought to be executed.
It must require the Enforcement Officer to serve the writ upon the losing party or upon any other person
required by law to obey the same before proceeding to satisfy the judgment.

Execution shall proceed against the assets of the losing recruitment agency in the following Order:

a. supersedeas bond;
b. escrow deposit;
c. personal property; and
d. real property.

A writ of execution shall not be necessary for the enforcement of Orders in the following cases:

a. For the return of travel and other related documents. A copy of the Order served
upon the losing party or upon any other person required by law to obey such Order
is sufficient; and
b. Where the agency had earlier posted a cash bond in relation to an appeal. Certified
copies of the final and executory Order and official receipt of the cash bond shall
be sufficient basis for the preparation of the voucher for the release of the amount
to be refunded, or for the confiscation/forfeiture of the amount equivalent to the
fine.

The writ of execution shall be valid and effective for a period of sixty (60) calendar days from issuance
thereof.

SECTION 194. Motion to Cancel/Quash Writ of Execution. — Within five (5) days from receipt of a
copy of Writ of Execution, the judgment debtor may file a Motion to Cancel/Quash the Writ of Execution
on meritorious ground. The filing of such motion shall not stay the execution of the writ, unless a cash
or surety bond is posted equivalent to the judgment award and/or fine which shall answer for the same
in the event that the motion is denied.

An Order denying a Motion to Quash the Writ of Execution is final and no further motions of similar
nature shall be entertained.

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SECTION 195. Enforcement of Writs. — In executing an Order, the Enforcement Officer shall be
guided strictly by the Manual of Instructions for Enforcement Officers of the POEA.

SECTION 196. Garnishment. — By virtue of the Writ of Execution, the enforcement officer shall issue
a notice of garnishment to the person/entity having in possession or control of any property belonging
to the licensed recruitment agency, directing said person/entity not to deliver, transfer or otherwise
dispose of such property except to the above-mentioned enforcement officer.

In cases where several writs of execution are issued against the same licensed recruitment agency,
satisfaction of the claims of Overseas Filipino Workers against the escrow deposit shall be on a "first
come, first serve" basis, irrespective of the date of filing of the case or date of the decision or date of
the writ of execution; Provided, that where the Orders of garnishment are served simultaneously, the
escrow deposit shall be given pro-rated among the claimants.

For fine imposed against a cancelled/delisted agency, its escrow deposit shall be subjected to
garnishment.

SECTION 197. Return of Writ of Execution. — The Enforcement Officer implementing the writ of
execution shall submit his/her return immediately upon the satisfaction of the judgment award. However,
regardless of the outcome of implementation, the enforcement officer shall submit the return not later
than sixty (60) calendar days from date of issuance thereof. The return shall state the mode of service,
the name of the person served and the date of receipt. The return shall also indicate legibly the full
name of the officer who served the writ. The return shall form part of the records of the case.

RULE VIII
Miscellaneous Provisions

SECTION 198. Records of Proceedings. — The records of all proceedings before the OEA, which
must be chronologically arranged and appropriately paginated, shall be summarized in writing by the
OEA, including the substance of the evidence presented. The minutes of proceedings shall be signed
by the parties and shall form part of the records. In case the parties refuse to sign, the refusal and
reason/s given must be indicated by the OEA in the minutes.

Section 199.Appearances.— A party may appear personally in his/her own behalf or through a duly
authorized representative.

A lawyer appearing for a party shall indicate in his/her pleadings and motions, attorney’s roll number,
PTR number, IBP number for the current year, valid Mandatory Continuing Legal Education Compliance
and complete address.

Appearances shall be made in writing with proof of authority to represent. The complete name and
office address of counsel/representative of either party shall be made part of the record and the adverse
party or his/her counsel/representative shall be properly notified.

Any change in the address of counsel/representative shall likewise be put on record with notice served
upon the adverse party or counsel/representative.

Any change or withdrawal of counsel/representative shall be made in accordance with the Rules of
Court.

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SECTION 200. Action on Motions. — Within the period required to file an Answer, the OEA shall have
the authority to rule on motions for extension of time to file pleadings, resetting and other similar
motions, which may be done in writing or orally during the proceedings/conferences.

SECTION 201. Consolidation of Cases. —Where there are two (2) or more cases pending before
different OEA, involving the same respondent/s and issues, the case which was filed last may, upon
written motion and with notice to all parties, be consolidated with the first to avoid unnecessary cost or
delay. Such cases shall be handled by the OEA to whom the first case was assigned/raffled.

SECTION 202. Discovery of Another Offense. — When in the course of investigation, another offense
is discovered, the Administration may issue the necessary supplemental Show Cause Order or
Summons or inform the respondent of the charge discovered during the investigation and enter the
same in the minutes. The Administration shall allow the respondent the requisite period within which to
file an Answer to the supplemental show cause Order or summons.

SECTION 203. Discovery of Another Respondent. — When in the course of the investigation, another
licensed recruitment agency, principal/employer or Overseas Filipino Worker is found to have
committed an offense related to the subject of the investigation, the OEA shall automatically implead
said licensed recruitment agency, principal/employer or Overseas Filipino Worker in the pending case.
For this purpose, a Show Cause Order or Summons shall be issued to the licensed recruitment agency,
principal/employer or Overseas Filipino Worker in accordance with these Rules.

SECTION 204. Who May Issue Orders. — The Administrator shall issue Orders of suspension of
documentary processing, preventive suspension, suspension, cancellation or revocation of license, or
dismissal of the case, lifting of penalties, and all other Orders as may be necessary.

Interlocutory Orders may be signed by the Director-Adjudication Office.

SECTION 205. Prescription. — All cases enumerated in these Rules shall be barred if not commenced
or filed with the Administration within three (3) years after such cause of action accrued.

SECTION 206. Applicability of the Rules of Court. — The Revised Rules of Court of the Philippines
shall, whenever practicable, supplement these Rules in similar or analogous character in proceedings
brought before the Administration.

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 PART VIII
ASSISTANCE TO OVERSEAS FILIPINO WORKERS

RULE I
Assistance to Overseas Filipino Workers

SECTION 207.Responsibility to Overseas Filipino Workers. — The Administration shall ensure that
Overseas Filipino Workers are amply protected, and that their interests, well-being and welfare are
promoted. Licensed recruitment agencies shall be responsible for the faithful compliance by their
principals/employers of all obligations under the employment contract.

SECTION 208. Request for Assistance. — The Administration may take cognizance of any request for
assistance from the Overseas Filipino Worker or his/her family on matters relating to overseas
employment, or may refer them to the proper government agencies or the licensed recruitment agencies
concerned, for appropriate action.

SECTION 209. Monitoring of Deployed Workers and Submission of Reports. — The licensed
recruitment agency shall monitor the status or condition of its deployed Overseas Filipino Workers and
submit a corresponding quarterly report to the Administration. It shall likewise immediately act on
complaints or problems brought to its attention and submit corresponding reports to the Administration.

In case of significant incidents regarding the status and condition of Overseas Filipino Workers, the
licensed recruitment agency shall submit a report regarding the same to the welfare and employment
office of the Administration within five (5) working days from the occurrence of the incident.

After thirty (30) days from the effectivity of these Rules, the licensed recruitment agencies that deployed
at least one hundred (100) domestic workers shall employ at least one (1) welfare officer/counselor in
its office to monitor and resolve domestic worker problems/complaints at the job site.

SECTION 210.Reporting of Erring Employer/Principal. -- The licensed recruitment agency shall report
to the Administration any information that comes to the knowledge of the agency, with respect to any
violation of these Rules by their principal/employer. The matter shall be referred to the Adjudication
Office or LRO for appropriate action.

SECTION 211. Administrative Sanctions. — Failure by licensed recruitment agencies and/or

principals/employers to submit reports or to act on requests for assistance and/or complaints of
Overseas Filipino Workers and/or their families shall warrant imposition by the Administration of such
sanctions as it may deem appropriate.

SECTION 212. Welfare Programs and Activities. — The Administration shall support and coordinate
with other institutions on projects and activities that will enhance the welfare and promote the interest
of Overseas Filipino Workers and their families, including those that will facilitate the psychosocial and
economic reintegration of Overseas Filipino Workers who have decided to return home permanently.

RULE II
Repatriation

SECTION 213.Primary Responsibility to Repatriate Overseas Filipino Workers. — Notwithstanding the

provisions on compulsory insurance coverage as required by law, the repatriation of an Overseas
Filipino Worker or his/her remains, and the transport of his/her personal effects shall be the primary
responsibility of the principal/employer and licensed recruitment agency that recruited and/or deployed
him. This entails the obligation to cover repatriation and attendant costs, including airfare and
immigration fines/penalties. This obligation shall be without prior determination of the cause of the need

61
to repatriate the Overseas Filipino Worker. After the Overseas Filipino Worker has returned to the
country, the principal/employer or licensed recruitment agency may, however, recover the cost of
repatriation from the Overseas Filipino Worker if the termination of the employment was due solely to
the Overseas Filipino Worker’s fault.

SECTION 214.Repatriation Procedures. —

A) In case a request for repatriation is filed by an Overseas Filipino Worker at POLO, the Labor Attaché
and/or Welfare Officer shall evaluate the request. Should there be a need for the immediate repatriation
of the Overseas Filipino Worker, the Labor Attaché shall notify the principal/employer about the request
for repatriation. If the principal/employer fails or refuses to provide for the ticket or costs thereof, the
Labor Attaché shall notify the OWWA and the POEA simultaneously of such need to repatriate.

In case the request is received or filed at the POEA, the POEA shall immediately notify the
principal/employer, the licensed recruitment agency, and the POLO, of such request.

B) The POEA shall immediately issue a notice requiring the licensed recruitment agency to provide,
within forty eight (48) hours from such notice, the plane ticket or the prepaid ticket advice (PTA) to the
POLO or Philippine Embassy. The licensed recruitment agency shall notify the POEA of such
compliance, which shall then inform OWWA of the action of the licensed recruitment agency.

If the licensed recruitment agency fails to provide the ticket or PTA within forty-eight (48) hours from
receipt of the notice, the Administration shall suspend the documentary processing of the licensed
recruitment agency or impose such other sanctions as it may deem necessary.

C) In case the repatriation of the Overseas Filipino Worker is dependent upon the issuance of an exit
visa/clearance, the principal/employer shall have fifteen (15) days from notice to secure such exit visa.
The licensed recruitment agency which recruited and/or deployed said worker shall exert earnest efforts
in coordinating with the principal/employer to ensure the issuance of said visa.

D) When the repatriation is dependent upon the issuance of an exit visa and the principal/employer fails
to secure the exit visa within a period of fifteen (15) days from receipt of the POEA notice, the
Administration shall suspend the principal/employer from participating in the overseas employment
program. In the same manner, where the licensed recruitment agency, despite issuing the PTA for the
repatriation of the Overseas Filipino Worker, does not exert earnest efforts in coordinating with the
principal/employer to ensure the issuance of said visa, the Administration shall suspend the
documentary processing of the licensed recruitment agency.

E) Upon request, the Administrator may issue an Order lifting the suspension of documentary
processing only upon compliance with the directive for which the Order of suspension of documentary
processing was issued.

F) When those primarily responsible for the repatriation fail to fulfill their obligations, the Administration
shall notify OWWA to advance the costs of repatriation with right of reimbursement against the licensed
recruitment agency or principal/employer. The OWWA shall notify the POEA of the arrival of the
repatriated Overseas Filipino Worker. It shall likewise notify the agency that has the obligation to
repatriate the Overseas Filipino Worker and demand payment, within fifteen (15) days from notice, of
the costs it has advanced for the repatriation of the Overseas Filipino Worker, including legal interest in
case of default.

In case the licensed recruitment agency fails to reimburse the OWWA, the latter may recommend to
the POEA the imposition of suspension of documentary processing. The POEA will direct the licensed
recruitment agency to settle its obligation with the OWWA within ten (10) days from notice. Non-
compliance with the directive of the POEA shall result in the suspension of documentary processing.

62
The suspension of documentary processing imposed against the licensed recruitment agency and the
principal/employer shall be lifted by the Administration only upon clearance by the OWWA.

SECTION 215. Prohibition Against Performance Bonds And Deposits. — The licensed recruitment
agency shall not require any bond or cash deposit from the Overseas Filipino Worker to guarantee
performance under the contract or for the Overseas Filipino Worker’s repatriation.

SECTION 216.Emergency repatriation. — The OWWA, in coordination with DFA, and in appropriate
situations, with international agencies, shall undertake the repatriation of Overseas Filipino 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/employer or licensed recruitment agency within
sixty (60) days from notice. In such cases, the POEA shall simultaneously identify and give notice to
the licensed recruitment agencies concerned, copy furnished the corresponding insurance companies.

SECTION 217.Mandatory Repatriation of Underage Overseas Filipino Worker. — Upon discovery or

upon being informed of the presence of an Overseas Filipino Worker whose actual age falls below the
minimum age requirement for overseas deployment, the responsible officers in the foreign service shall,
without delay, repatriate the said Overseas Filipino Worker and advise the DFA through the fastest
means of communication available of such discovery and other relevant information.

RULE III
War Risk Areas and Insurance

SECTION 218. Declaration of War Risk Areas. — In order to protect Overseas Filipino Workers from
the hazards of war or deteriorating political and security situations, the POEA Governing Board shall,
pursuant to prior declaration by the DFA, declare specific areas as war risk areas.

SECTION 219. Mandatory War Risk Insurance for Overseas Filipino Workers. — In addition to the
compulsory insurance coverage as required in these Rules, all Overseas Filipino Workers bound for
areas declared as war risk areas shall be provided with war risk insurance coverage in such amount as
may be determined by the POEA Governing Board. This war risk insurance shall be provided by the
principal/employer at no cost to the Overseas Filipino Worker.

RULE IV
Comprehensive and Integrated Public Education Program

SECTION 220.Public Education Program.— The Administration shall undertake a comprehensive and
integrated public education program on overseas employment involving workers, licensed recruitment
agencies, principals/employers and government personnel, for the purpose of promoting safe and legal
migration and preventing illegal recruitment and trafficking in persons.

SECTION 221.Workers Education Program. — The Administration shall disseminate information on

labor and employment conditions and migration realities to adequately prepare individuals and
empower them to make informed and intelligent decisions about overseas employment.

Toward this end, the Administration shall resort to modes of information and dissemination campaigns,
such as the conduct of PEOS in the form of community/mass-based PEOS or PEOS online. Attendance
to the PEOS shall be mandatory for all applicants for overseas employment. The PEOS shall cover all
stages of employment and may be country and skill-specific.

For domestic workers, the mandatory PEOS shall include their immediate family members.

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The Administration shall likewise conduct a nationwide, multi-media campaign to continuously
disseminate anti-illegal recruitment laws and regulations, updated lists of licensed agencies and entities
and other essential information through information and education materials such as brochures,
pamphlets, posters, visual aids and other similar materials.

SECTION 222.Partnerships With Stakeholders. — The Administration shall maintain and strengthen its
partnership with local government units, other government agencies, private sector and civil society
organizations advocating the rights and welfare of Overseas Filipino Workers, for the purpose of
dissemination of information on all aspects of overseas employment, including the conduct of
information and education campaigns on anti-illegal recruitment and anti-trafficking in persons.

SECTION 223.Agency Education Program.— The Administration shall provide Pre-Licensing

Orientation Seminars and a Continuing Agency Education Program for the officers and personnel of
licensed recruitment agencies.

For this purpose, the Administration may charge reasonable fees to defray expenses to be incurred for
such programs.

SECTION 224. Orientation of Principal/Employers and Overseas Filipino Workers On-Site. — The
Administration in coordination with the POLO or concerned entities shall provide effective orientation to
principals/employers on the requirements, standards, laws and regulations in the recruitment and
employment of Filipino workers. The POLO, in coordination with the principals/employers, shall conduct
a PAOS for Overseas Filipino Workers. The orientation of principals/employers and the PAOS may be
conducted through an online system established by the POLO.

The licensed recruitment agencies shall undertake that their FPAs shall effectively orient the employer
and the worker on their rights, duties and responsibilities stipulated in the employment contract.

SECTION 225. Training for POEA Personnel. — In order to be more effective resource persons and
educators, the Administration shall endeavor to update POEA personnel on developments on the local
and global labor markets, and promote their participation in conferences and missions concerning
migration issues.

RULE V
Registration of Applicant-Workers

SECTION 226. Applicants-Workers’ Registry. — The Administration shall adopt a system of registration
of applicants-workers and maintain a registry of qualified applicants in accordance with the
requirements of their occupations.

SECTION 227. Manpower Sourcing from the Registry. — Aside from the in-house placement facility of
the Administration, licensed recruitment agencies may source their manpower requirements from the
applicants-workers’ registry.

SECTION 228. Referral of Qualified Applicants. — The Administration may refer qualified applicants
from the registry to licensed recruitment agencies for possible placement.

SECTION 229. Agency Manpower Pool. — A licensed recruitment agency may maintain its own
manpower pool for its prospective or accredited principal/employer, provided, no fee shall be charged
to the applicant nor shall services be required in consideration of registration in the agency’s manpower
pool.

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 RULE VI
Labor Market Research and Standards Development

SECTION 230. Research Studies. — The Administration, in coordination with relevant entities, shall
establish a labor market information system and conduct periodic and responsive research studies on
the following:

a. labor market demand and supply;

b. prevailing labor market trends and conditions;
c. employment standards;
d. prevailing salary rates in the host countries;
e. immigration and labor policies of host countries; and
f. country and skill-specific employment contracts.

SECTION 231.Bilateral/Regional/Multilateral Agreements. — The Administration, in coordination with

relevant entities, shall pursue the conclusion of bilateral/regional/multilateral agreements on labor
cooperation with host countries.

RULE VII
Code of Discipline for Overseas Filipino Workers

SECTION 232.Obligations of Overseas Filipino Workers. — It is the duty of all Overseas Filipino
Workers to conduct themselves in the most professional, responsible and ethical manner in the
performance of their duties and fulfill the following obligations:

A. Family:

1. provide the family ample financial and moral support;

2. communicate regularly; and
3. preserve the integrity of the family.

B. Fellow Workers:

1. assist, support, and cooperate with fellow workers; and

2. refrain from committing acts which are detrimental to the interest of fellow workers.

C. Country:

1. obey the laws of the Republic of the Philippines at all times;

2. abide by this rules and regulations; and
3. be an ambassador of goodwill of the country.

D. Licensed Recruitment Agency and Principal/Employer:

1. provide the licensed recruitment agency and principal/employer with accurate

statements/certifications regarding his/her skill, experience and other
qualifications;
2. understand and abide with the terms and conditions of the employment contract as
wells as the company rules and regulations;
3. maintain a high level of professionalism and productivity in the performance of
contractual obligations; and

65
 4. refrain from committing acts which are detrimental to the interest of the licensed
recruitment agency or principal/employer during the documentary processing and
employment.

E. Host Country:

1. respect the customs, traditions and religious practices of the host country; and
2. obey the laws of the host country.

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 PART IX
INCENTIVES AND AWARDS

RULE I
Agency Awards

SECTION 233. Three-Tiered Award System for Licensed Recruitment Agencies.— The Administration
shall confer awards to licensed recruitment agencies, in recognition of their consistent excellent
performance in providing decent and remunerative employment to Overseas Filipino Workers,
maintaining professionalism and upholding ethical recruitment practices.

The licensed recruitment agencies qualified for the awards shall be evaluated based on the following
criteria:

a. Compliance with Recruitment Rules and Regulations refers to the absence of record of
adverse decision, preventive suspension, documentary suspension, and pending
recruitment violation cases, and cases before the DOLE and NLRC.
b. Technical Capability refers to the agency’s management and recruitment capability in terms
of qualification of personnel, office facilities/work environment, an ISO Certified Quality
Management System, and an automated system of recruitment and deployment, including
monitoring of workers onsite. It also covers the existence of a Human Resource
Development Plan for agency personnel, as well as compliance with general labor
standards and occupational safety and health standards, provision of in-house PEOS and
other similar education programs to prepare workers for overseas employment.
c. Industry Leadership (for Award of Excellence/ Presidential Award) refers to the agency’s
pioneering achievement in the entry to new or emerging markets (entirely new country and
new market), no placement fees charged for workers deployed, expansion of market
opportunities for Overseas Filipino Workers, membership in industry associations or
positions of leadership in industry associations, and participation in the development and
formulation of policies on overseas employment.
d. Marketing Capability (for Top Performer candidates) refers to the agency’s accomplishment
in the generation of new principals/employers.
e. Deployment refers to the volume and quality of deployment of a licensed recruitment
agency during the period under review, terms and conditions of employment beyond
minimum standards, ensuring good employers, and dealing with direct employers.
f. Welfare Programs and Corporate Social Responsibility refers to the provision of responsive
welfare and allied services for the Overseas Filipino Workers, their dependents/families,
exemplary acts of assistance in times of hazardous, dangerous or distressed situations,
corporate social responsibility (socio-economic and civic programs and projects) in
coordination with government or with private entities/organizations, contribution to
continuous manpower training and development, and skills upgrading of Overseas Filipino
Workers.

The three-tiered award system consists of the following categories:

a. Top Performer Award, the first level award which is given to a licensed recruitment agency
that has been actively operating for at least four years and has passed the criteria and
threshold for the said award, which shall be conferred once every two (2) years;
b. Award of Excellence, the second level of award given to a licensed recruitment agency
which has received the Top Performer Award for three (3) times, which shall be conferred
once every two (2) years;
c. Presidential Award, the highest level of award given to a licensed recruitment agency which
has received the Award of Excellence for three (3) times, which shall be conferred once
every six (6) years.

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SECTION 234.Incentives and System of Recognition.— The recipients of Outstanding Agency Awards
shall be entitled to the following package of incentives:

A. Presidential Awardees

1. Extension of license validity for three (3) full terms, effective upon expiration of
license, subject to corresponding license fee and escrow agreement;
2. Exemption in the submission of requirements for the following applications/
requests upon notice:

a. Renewal of license, subject to corresponding license fee and escrow

agreement;
b. Establishment of branch office and additional office;
c. Transfer of business address; and
d. Letter of Acknowledgement to principals’/employers’ representatives.

3. Approval of the following applications/requests upon notice, subject to post

submission and evaluation of documentary requirements:

a. Renewal of registration/accreditation of principals/employers;

b. Additional job order except for domestic worker;
c. Upgrading of registration/accreditation;
d. Revalidation of job order; and
e. Change of officers/personnel.

Except for item no. 1, all agencies previously conferred with Presidential Award of Excellence shall
continue to enjoy the above incentives and privileges.

B. Awardees of Excellence

1. Extension of license validity for two (2) full terms, effective upon expiration of license,
subject to corresponding license fee and adjustment of bonds;
2. Approval of the following applications/requests upon notice, subject to post submission and
evaluation of documentary requirements:

a. Licensing concerns

i. Renewal of license
ii. Establishment of branch office and additional office
iii. Transfer of business address
iv. Change of officers/personnel
v. Letter of authority to principals’/employers’ representatives

b. Registration/Accreditation concerns

i. Renewal of registration/accreditation of principals/ employers

ii. Additional job orders except for domestic workers
iii. Upgrading of registration/accreditation
iv. Revalidation of job order

Except for item no. 1, the previous recipients of the Award of Excellence shall continue to enjoy the
above incentives and privileges.

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Further, the Presidential Awardees and Awardees of Excellence shall also enjoy the following
incentives:

1. Exemption from Philippine Embassy/POLO authentication/verification of employment

documents of principal/employer except for domestic workers;
2. Open job order system;
3. Waiver in the submission of requirements for special recruitment authority and jobs fair
authority; and
4. Publication of list of awardees in the POEA website with link to their websites.

C. Top Performers

1. Extension of license validity for one (1) full term, effective upon expiration of license, subject
to payment of corresponding license fees, adjustment of bonds and post submission of
evaluation of documentary requirements; and
2. Publication of list of awardees in the POEA website, with links to their websites.

All other incentives shall be valid until a new set of awardees has been selected. Such incentives shall
be revoked in case of suspension or cancellation of license of an awardee.

SECTION 235.Other Incentives and System of Recognition.— The Administration shall, other than
those mentioned in the preceding paragraph, continue to recognize exemplary performance of licensed
recruitment agencies and develop an incentive scheme to reward those that practice ethical recruitment
standards, including the development of a “white list” of agencies and other similar schemes. It shall
also continually review the awards system and its incentives for the purpose of enhancing the system,
taking into consideration developments in migration policies and practices and trends in the global labor
market, and affording the participation of various stakeholders in the process.

RULE II
Employers’ Awards

SECTION 236.Two-Level Award System for Principals/Employers.— The Administration shall confer
every four (4) years a two-level award to deserving principals/employers who have been major providers
of decent and quality employment to Overseas Filipino Workers and who have significantly contributed
to their development as well as the protection and promotion of their well-being, as follows:

a. MINISTERIAL AWARD OF COMMENDATION – The award shall be conferred once every

two (2) years by the Secretary of Labor and Employment to principals/employers who, based
on safe, fair and ethical recruitment, have continuously hired Overseas Filipino Workers
during the past four (4) years.
b. PRESIDENTIAL AWARD OF DISTINCTION – The award shall be conferred once every six
(6) years by the President of the Philippines to principals/employers who, based on safe, fair
and ethical recruitment, have continuously hired Overseas Filipino Workers during the past
four (4) years and has been a Ministerial Awardee for three (3) consecutive times.

SECTION 237.Criteria for Ministerial Award.— The following shall be the criteria for the Ministerial
Award:

1. Demonstrated preference and active hiring of Overseas Filipino Workers within the last four
(4) years;
2. Provision of superior terms and conditions of work that will enhance the productivity of
Overseas Filipino Workers;

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 3. Compliance with Philippine laws, rules and regulations on the recruitment and employment
of Overseas Filipino Workers;
4. Active participation and contribution to the welfare and benefit of Overseas Filipino
Workers’ families;
5. Observance of no placement fee policy; and
6. No derogatory record within the last four (4) years.

SECTION 238.Qualification for Presidential Award.— A recipient of the Ministerial Award may qualify
for Presidential Award on the basis of the following criteria:

1. Contribution to the continuous manpower training and development and skills upgrading of
Overseas Filipino Workers;
2. Implementation of corporate social responsibility programs; and
3. Extraordinary acts of assistance to Overseas Filipino Workers in times of hazardous,
dangerous or distressed situations.

SECTION 239. Incentives for the Ministerial Awardees — Ministerial awardees shall have the following
incentives:

1. Exemption from POLO Verification of employment documents;

2. Exemption from securing Letters of Acknowledgment for the conduct of interviews of
applicants;
3. Open job orders; and
4. Extension of validity period of accreditation to five (5) years.

Such incentives shall be automatically revoked in case of suspension or disqualification of the awardee.

SECTION 240. Incentives for the Presidential Awardees —In addition to the incentives provided in
immediately preceding section, Presidential Awardees shall enjoy the following incentives:

1. Exemption from the maximum limit on multiple accreditation; and

2. Extension of validity period of accreditation to six (6) years.

Such incentives shall be automatically revoked in case of suspension or disqualification of the awardee.

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 PART X
General and Miscellaneous Provisions

SECTION 241. Authority to Administer Oaths. — The Administrator, or any person authorized under
existing laws, shall have the authority to administer oaths and require the attendance of witnesses or
the production of any book, paper, correspondence, memoranda and other documents relevant or
material to the case or inquiry.

The Administrator may authorize other POEA personnel to administer oaths.

SECTION 242. Construction. — These Rules shall be liberally construed to carry out the objectives
of the Constitution, the Labor Code of the Philippines, as amended, and the laws pertaining to overseas
employment and to assist the parties in obtaining just, expeditious and inexpensive settlement of
disputes.

All doubts in the implementation or interpretation of these Rules shall be resolved in favor of labor.

SECTION 243.Amendments.— Governing Board Resolutions amending any part of these Rules shall
be deemed incorporated herein.

SECTION 244. Separability Clause. — The provisions of these Rules and Regulations are declared to
be separable and if any provision or the application thereof is held invalid or unconstitutional, the validity
of the other provisions shall not be affected.

SECTION 245. Repealing Clause. — All policies, issuances, rules and regulations inconsistent with
these Rules are hereby repealed or modified accordingly.

SECTION 246. Effectivity. — These Rules shall take effect fifteen (15) days from publication in a
newspaper of general circulation and from filing with the Office of the National Administrative Registry
of the University of the Philippines Law Center.

Signed this 26th day of February in the year of our Lord Two Thousand Sixteen (2016) at Manila,
Philippines.

ROSALINDA DIMAPILIS-BALDOZ HANS LEO J. CACDAC

Secretary of Labor and Employment and POEA Administrator and
Chairperson of the POEA Governing Board Vice-Chair of the Governing Board

ALEXANDER E. ASUNCION FELIX M. OCA

Board Member Board Member

ESTRELITA S. HIZON MILAGROS ISABEL A.CRISTOBAL

Board Member Board Member

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