RA No. 10022 - Omnibus Rules

7/31/2019 RA No. 10022 - Omnibus Rules

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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 Secretaryof Foreign Affairs and the Secretary of Labor andEmployment, and in the light of Republic Act No !""##,

An Act Amending Republic Act No $"%#, &therwise'nown as the (igrant )or*ers and &verseas FilipinosAct of !+, as amended, Further -mproving the Standardof Protection and Promotion of the )elfare of (igrant)or*ers, .heir Families and &verseas Filipinos in/istress, and For &ther Purpose, the following-mplementing Rules and Regulations are herebypromulgated0

RULE I

GENERAL PROVISIONS

Se!"#$ 1.Declaration of Policies.1a2 -n the pursuit of an independent foreign policy and

while considering national sovereignty, territorialintegrity, national interest and the right to self3determination paramount in its relations withother states, the State shall, at all times, uphold thedignity of its citi4ens whether in the country oroverseas, in general, and Filipino migrant wor*ers,in particular, continuously monitor internationalconventions, adopt5be signatory to and ratifythose that guarantee protection to our migrantwor*ers, and endeavor to enter into bilateral

agreements with countries hosting overseasFilipino wor*ers

1b2 .he State shall afford full protection to labor, localand overseas, organi4ed and unorgani4ed, andpromote full employment and e6uality ofemployment opportunities for all .owards thisend, the State shall provide ade6uate and timelysocial, economic and legal services to Filipinomigrant wor*ers

1c2 )hile recogni4ing the signi7icant contribution ofFilipino migrant wor*ers to the national economythrough their foreign e8change remittances, theState does not promote overseas employment as a

means to sustain economic growth and achievenational development .he e8istence of theoverseas employment program rests solely on theassurance that the dignity and fundamental humanrights and freedoms of the Filipino citi4ens shallnot, at any time, be compromised or violated .heState, therefore, shall continuously create localemployment opportunities and promote thee6uitable distribution of wealth and the bene7its ofdevelopment

1d2 .he State af7irms the fundamental e6uality beforethe law of women and men and the signi7icant roleof women in nation building Recogni4ing the

contribution of overseas migrant women wor*ersand their particular vulnerabilities, the State shallapply gender sensitive criteria in the formulationand implementation of policies and programsaffecting migrant wor*ers and the composition ofbodies tas*ed for the welfare of migrant wor*ers

1e2 Free access to the courts and 6uasi39udicial bodiesand ade6uate legal assistance shall not be deniedto any person by reason of poverty -n this regard,it is imperative that an effective mechanism beinstituted to ensure that the rights and interest of

distressed overseas Filipinos, in general, andFilipino migrant wor*ers, in particular, whetherregular5documented or irregular5undocumented,are ade6uately protected and safeguarded

1f2 .he right of Filipino migrant wor*ers and alloverseas Filipinos to participate in the democraticdecision3ma*ing processes of the State and to berepresented in institutions relevant to overseasemployment is recogni4ed and guaranteed

1g2 .he State recogni4es that the most effective tool forempowerment is the possession of s*ills bymigrant wor*ers .he government shall e8pandaccess of 6uali7ied migrant wor*ers to free s*illsdevelopment and enhancement programs throughscholarships, training subsidies5grants of theconcerned agencies Pursuant to this and as soonas practicable, the government shall deploy and5orallow the deployment only of s*illed Filipinowor*ers

1h2 .he State recogni4es that non3governmentalorgani4ations, trade unions, wor*ers associations,sta*eholders and other similar entities duly

recogni4ed as legitimate, are partners of the Statein the protection of Filipino migrant wor*ers andin the promotion of their welfare .he State shallcooperate with them in a spirit of trust and mutualrespect .he signi7icant contribution ofrecruitment and manning agencies shall form partof this partnership

RULE II

DEFINITION OF TERMS

Se!"#$ 1.Deinitions.1a2 Act 3 refers to the :(igrant )or*ers and &verseas

Filipinos Act of !++,: as amended by Republic ActNo +%## and Republic Act No !""##

1b2 Authority 3 refers to a document issued by theSecretary of Labor and Employment authori4ingthe of7icers, personnel, agents or representativesof a licensed recruitment5manning agency toconduct recruitment and placement activities in aplace stated in the license or in a speci7ied place

1c2 ;- 3 ;ureau of -mmigration1d2 ;ona 7ide Non3


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192 /&> 3 /epartment of >ealth1*2 /&B 3 /epartment of Bustice1l2 /&LE 3 /epartment of Labor and Employment1m2 /&S. 3 /epartment of Science and .echnology1n2 /&. 3 /epartment of .ourism1o2 Employment =ontract 3 refers to the following0

! For land3based wor*ers hired by privaterecruitment5employment agencies 3 anindividual written agreement between the

foreign principal5employer and the wor*erbased on the master employment contractapproved by the AdministrationC and

# For seafarers 3 written standard P&EA3approvedemployment contract stipulating a speci7icperiod of employment and formulated throughtripartite consultation, individually adoptedand agreed upon by the principal5employerand the seafarer

1p2 Filipino Service =ontractor 3 refers to any person,partnership or corporation duly licensed as aprivate recruitment agency by the Secretary ofLabor and Employment to recruit wor*ers for its

accredited pro9ects or contracts overseas162 ead or manage 3 refers to any of the following acts0! =ontrol and supervise the operations of the

recruitment5manning agency or branchthereof of which they are employedC or

# E8ercise the authority to hire or 7ire employeesand lay down and e8ecute managementpolicies of the recruitment5manning agency or

branch thereof1s2 Boint and several liability 3 refers to the liability of

the principal5employer and therecruitment5manning agency, for any and allclaims arising out of the implementation of theemployment contract involving Filipino wor*ersfor overseas deployment -f therecruitment5manning agency is a 9uridical being,the corporate of7icers and directors and partners,as the case may be, shall themselves be 9ointly andseverally liable with the corporation orpartnership for the aforesaid claims and damages

1t2 -= 3 -nsurance =ommission

1u2 -rregular5Dndocumented Filipino migrant wor*ers3 refer to the following01!2 .hose who ac6uired their passports through

fraud or misrepresentationC1#2 .hose who possess e8pired visas or permits to

stayC1?2 .hose who have no travel document

whatsoeverC1%2 .hose who have valid but inappropriate visasC

or12 .hose whose employment contracts were not

processed by the P&EA or subse6uentlyveri7ied and registered on3site by the P&L&, if

re6uired by law or regulation1v2 Labor =ode 3 Presidential /ecree No %%#, as

amended1w2 License 3 refers to the document issued by the

Secretary of Labor and Employment authori4ing aperson, partnership or corporation to operate aprivate recruitment5manning agency

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veri7ied and registered on3site by the P&L&, ifre6uired by law or regulation

1ss2 Seafarer 3 refers to any person who is employed orengaged in overseas employment in any capacityon board a ship other than a government ship usedfor military or non3commercial purposes .hede7inition shall include 7ishermen, cruise shippersonnel and those serving on mobile offshoreand drilling units in the high seas

1tt2 S*illed Filipino )or*ers 3 refer to those who haveobtained an academic degree, 6uali7ication, ore8perience, or those who are in possession of anappropriate level of competence, training andcerti7ication, for the 9ob they are applying, as maybe determined by the appropriate governmentagency

1uu2 .ES/A 3 .echnical Education and S*ills/evelopment Authority

1vv2 Dnderage (igrant )or*ers 3 refers to those whoare below !$ years or below the minimum agere6uirement for overseas employment asdetermined by the Secretary of Labor and

Employment

RULE III

DEPLOYMENT OF MIGRANT WORKERS

Se!"#$ 1.Guarantees of Migrant Workers Rights..he State shall allow the deployment of &F)s only incountries where the rights of Filipino migrant wor*ersare protected .he government recogni4es any of thefollowing as a guarantee on the part of the receivingcountry for the protection of the rights of &F)s0

1a2 -t has e8isting labor and social laws protecting therights of wor*ers, including migrant wor*ersC or

1b2 -t is a signatory to and5or a of multilateralconventions, declarations or resolutions relating tothe protection of wor*ers including migrantwor*ersC or and

1c2 -t has concluded a bilateral agreement orarrangement with the government on theprotection of the rights of overseas Filipino)or*ersC

Provided, that the receiving country is ta*ing positiveand concrete measures to protect the rights of migrantwor*ers in furtherance of any of the guarantees under

subparagraphs 1a2, 1b2, and 1c2 hereof

"Positive and concrete measures"shall include legislativeor e8ecutive initiatives, diplomatic negotiations, 9udicialdecisions, programs, pro9ects, activities and such otheracts by the receiving country aimed at protecting therights of migrant wor*ers

For purposes of the preceding paragraphs, the /FA shallissue a certi7ication that a receiving country complieswith any of the guarantees under subparagraphs 1a2, 1b2,and 1c2 hereof, and that the receiving country is ta*ingsuch positive and concrete measures to protect wor*ers,

including migrant wor*ers .he /FA shall issue suchcerti7ication to the P&EA, specifying therein the pertinentprovisions of the receiving countrys labor5social law, orthe convention5declaration5resolution, or the bilateralagreement5arrangement which protect the rights ofmigrant wor*ers Such a certi7ication shall be sub9ect toreview by the /FA as often as may be deemed necessary.he P&EA


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.he P&EA may underta*e other programs or resort toother modes of information and disseminationcampaigns, such as the conduct of nationwide,comprehensive and sustainable Pre3Employment&rientation Seminars

RULE IV

ILLEGAL RECRUITMENT

Se!"#$ 1.Deinition.For purposes of the Act, "**e+* -e-"!/e$!shall meanany act of canvassing, enlisting, contracting, transporting,utili4ing, hiring, or procuring wor*ers and includesreferring, contract services, promising or advertising foremployment abroad, whether for pro7it or not, whenunderta*en by a non3licensee or non3holder of authoritycontemplated under Article !?1f2 of Presidential /ecreeNo %%#, as amended, otherwise *nown as the Labor=ode of the Philippines0 Provided, .hat any such non3licensee or non3holder who, in any manner, offers or

promises for a fee employment abroad to two or morepersons shall be deemed so engaged -t shall li*ewiseinclude the following acts, whether committed by anyperson, whether a non3licensee, non3holder, licensee orholder of authority0

1a2 .o charge or accept directly or indirectly anyamount greater than that speci7ied in the scheduleof allowable fees prescribed by the Secretary ofLabor and Employment, or to ma*e a wor*er payor ac*nowledge any amount greater than thatactually received by him as a loan or advanceC

1b2 .o furnish or publish any false notice orinformation or document in relation to

recruitment or employmentC1c2 .o give any false notice, testimony, information or

document or commit any act of misrepresentationfor the purpose of securing a license or authorityunder the Labor =ode, or for the purpose ofdocumenting hired wor*ers with the P&EA, whichinclude the act of reprocessing wor*ers through a9ob order that pertains to non3e8istent wor*, wor*different from the actual overseas wor*, or wor*with a different employer whether registered ornot with the P&EAC

1d2 .o induce or attempt to induce a wor*er alreadyemployed to 6uit his employment in order to offer

him another unless the transfer is designed toliberate a wor*er from oppressive terms andconditions of employmentC

1e2 .o in7luence or attempt to in7luence any person orentity not to employ any wor*er who has notapplied for employment through his agency orwho has formed, 9oined or supported, or hascontacted or is supported by any union or wor*ersorgani4ationC

1f2 .o engage in the recruitment or placement ofwor*ers in 9obs harmful to public health ormorality or to the dignity of the Republic of thePhilippinesC

1g2 .o obstruct or attempt to obstruct inspection by theSecretary of Labor and Employment or by his dulyauthori4ed representativeC

1h2 .o fail to submit reports on the status ofemployment, placement vacancies, remittance offoreign e8change earnings, separation from 9obs,departures and such other matters or informationas may be re6uired by the Secretary of Labor andEmploymentC

1i2 .o substitute or alter to the pre9udice of the wor*er,employment contracts approved and veri7ied by

the /epartment of Labor and Employment fromthe time of actual signing thereof by the parties upto and including the period of the e8piration of thesame without the approval of the /epartment ofLabor and EmploymentC

192 For an of7icer or agent of a recruitment orplacement agency to become an of7icer or memberof the ;oard of any corporation engaged in travelagency or to be engaged directly or indirectly in

the management of a travel agencyC1*2 .o withhold or deny travel documents from

applicant wor*ers before departure for monetaryor 7inancial considerations, or for any otherreasons, other than those authori4ed under theLabor =ode and its implementing Rules andRegulationsC

1l2 Failure to actually deploy a contracted wor*erwithout valid reason as determined by the/epartment of Labor and EmploymentC

1m2 Failure to reimburse e8penses incurred by thewor*er in connection with his documentation andprocessing for purposes of deployment, in cases

where the deployment does not actually ta*e placewithout the wor*ers faultC and

1n2 .o allow a non3Filipino citi4en to head or manage alicensed recruitment5manning agency

Se!"#$ 2.)rime +nvolving !conomic (abotage.-llegal recruitment is deemed committed by a syndicate ifcarried out by a group of three 1?2 or more personsconspiring or confederating with one another -t isdeemed committed in large scale if committed againstthree 1?2 or more persons individually or as a group

Se!"#$ %.ther Prohibited cts.

-n addition to the acts enumerated above, it shall also beunlawful for any person or entity to commit the followingprohibited acts0

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deduct from his5her salary the payment of the costof insurance fees, premium or other insurancerelated charges, as provided under the compulsorywor*ers insurance coverage

Se!"#$ &.Persons Res%onsible..he persons criminally liable for the above offenses arethe principals, accomplices and accessories -n case of9uridical persons, the of7icers having ownership, control,

management or direction of their business and theresponsible for the commission of the offense and theresponsible employees5agents thereof shall be liable

Se!"#$ 5.Penalties.1a2 Any person found guilty of illegal recruitment shall

suffer the penalty of imprisonment of not less thantwelve 1!#2 years and one 1!2 day but not morethan twenty 1#"2 years and a 7ine of not less than&ne million pesos 1P!,""","""""2 nor more than.wo (illion Pesos 1P#,""","""""2

1b2 .he penalty of life imprisonment and a 7ine of notless than .wo (illion Pesos 1P#,""","""""2 nor

more than Five (illion Pesos 1P,""","""""2 shallbe imposed if illegal recruitment constituteseconomic sabotage as de7ined therein

Provided, however, .hat the ma8imum penalty shall beimposed if the person illegally recruited is lessthan eighteen 1!$2 years of age or committed by anon3licensee or non3holder of authority

1c2 Any person found guilty of any of the prohibitedacts shall suffer the penalty of imprisonment of notless than si8 1H2 years and one 1!2 day but notmore than twelve 1!#2 years and a 7ine of not lessthan Five >undred .housand Pesos 1P"","""""2nor more than &ne million pesos 1P!,""","""""2

-f the offender is an alien, he or she shall, in addition tothe penalties herein prescribed, be deported withoutfurther proceedings

-n every case, conviction shall cause and carry theautomatic revocation of the license or registration of therecruitment5manning agency, lending institutions,training school or medical clinic

Se!"#$ '.-enue.A criminal action arising from illegal recruitment asde7ined under this Rule shall be 7iled with the Regional

.rial =ourt of the province or city where the offense wascommitted or where the offended party actually residesat the time of the commission of the offenseC Provided,that the court where the criminal action is 7irst 7iled shallac6uire 9urisdiction to the e8clusion of other courts

Se!"#$ (.Prescri%tion.-llegal recruitment cases under this Rule shall prescribein 7ive 12 yearsC Provided, however, that illegalrecruitment cases involving economic sabotage shallprescribed in twenty 1#"2 years

Se!"#$ ).+nde%endent ction.

.he 7iling of an offense punishable under this sectionshall be without pre9udice to the 7iling of casespunishable under other e8isting laws, rules orregulations

RULE V

PROHIBITION OF GOVERNMENT PERSONNEL

Se!"#$ 1.Disualiication.

.he following personnel shall be prohibited fromengaging directly or indirectly in the business ofrecruitment of migrant wor*ersC

1a2 Any of7icial or employee of the /&LE, P&EA, &))A,/FA, /&B, /&>, ;-, -=, NLR=, .ES/A, =F&, N;-,Philippine National Police 1PNP2, (anila-nternational Airport Authority 1(-AA2, =ivilAviation Authority of the Philippines 1=AAP2, andother government agencies involved in the

implementation of the Act, regardless of the statusof his5her employmentC and

1b2 Any of his5her relatives within the fourth civildegree of consanguinity or af7inity

Any government of7icial or employee found to beviolating this section shall be charged administratively,according to =ivil Service Rules and Regulations withoutpre9udice to criminal prosecution

.he government agency concerned shall monitor andinitiate, upon its initiative or upon the petition of anyprivate individual, action against erring of7icials and

employees, and5or their relatives

RULE VI

ANTIILLEGAL RECRUITMENT PROGRAMS

Se!"#$ 1.P! nti'+llegal Recruitment Programs..he P&EA adopts policies and procedures, prepares andimplements intensi7ied programs and strategies towardsthe eradication of illegal recruitment activities such as,but not limited to the following0

1a2 Providing legal assistance to victims of illegal

recruitment and related cases which areadministrative or criminal in nature, such as butnot limited to documentation and counseling

1b2 Prosecution of illegal recruiters, during preliminaryinvestigation and during trial in collaboration withthe /&B prosecutorsC

1c2 Special operations such as surveillance and closureof establishment or entities suspected to beengaged in illegal recruitmentC and

1d2 -nformation and education campaign

)henever necessary, the P&EA shall coordinate withother appropriate entities in the implementation of said

programs

Se!"#$ 2.Legal ssistance..he P&EA shall provide free legal service to victims ofillegal recruitment and related cases which areadministrative or criminal in nature in the form of legaladvice, assistance in the preparation of complaints andsupporting documents, institution of criminal actions

Se!"#$ %.Receiving of )om%laints for +llegal Recruitment.Iictims of illegal recruitment and related cases which areadministrative or criminal in nature may 7ile with theP&EA a report or complaint in writing and under oath for

assistance purposes

-n regions outside the National =apital Region,complaints and reports involving illegal recruitment maybe 7iled with the appropriate regional of7ice of the P&EAor /&LE

Se!"#$ &.!ndorsement of )ase to the Pro%er Prosecutionfice..he P&EA, after evaluation and proper determinationthat suf7icient evidence e8ists for illegal recruitment and


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other related cases, shall endorse the case to the properProsecution &f7ice for the conduct of preliminaryinvestigation

/uring preliminary investigation, the complainant mayavail of legal assistance or counselling from the P&EA

Se!"#$ 5.+nstitution of )riminal ction..he Secretary of Labor and Employment, the P&EA

Administrator or the /&LE Regional /irector, or theirduly authori4ed representatives, or any aggrievedperson, may initiate the corresponding criminal actionwith the appropriate of7ice

Se!"#$ '.fidavits and ,estimonies of %eratives.Af7idavits and testimonies of operatives or personnelfrom the /&LE, P&EA and law enforcement agencies whowitnessed the acts constituting the offense shall besuf7icient basis to prosecute the accused

Se!"#$ (.Legal ssistance During ,rial.-n the prosecution of offenses punishable under Section H

of the Act, the Anti3-llegal Recruitment ;ranch of theP&EA shall collaborate with the public prosecutors of the/&B and, in certain cases, allow the P&EA lawyers to ta*ethe lead in prosecution

Se!"#$ ).(%ecial llo*ance for La*yers of theProsecution Division..he P&EA lawyers who act as special counsels duringpreliminary investigation and5or as collaboratingattorneys of the public prosecutors of the /&B duringcourt hearings shall be entitled to receive additionalallowances in such amounts as may be determined by theAdministrator

Se!"#$ 9.ction on the )om%laint/Re%ort.)here the complaint5report alleges that illegalrecruitment activities are ongoing, surveillance shall beunderta*en at the premises where the alleged illegalrecruitment activities are conducted -f illegalrecruitment activities are con7irmed, the P&EA /irectorof the Licensing and Regulation &f7ice 1LR&2 shallrecommend to the P&EA Administrator the institution ofcriminal action and5or the issuance of a closure order ororder of preventive suspension

Se!"#$ 10.(urveillance..he P&EA and5or designated

of7icials in the /&LE regional of7ices may, on their owninitiative, conduct surveillance on the alleged illegalrecruitment activities

)ithin two 1#2 days from the termination of surveillance,a report supported by an af7idavit shall be submitted tothe /irector3LR& or the Regional /irector concerned, asthe case may be

Se!"#$ 11.+ssuance of )losure rder..he P&EA Administrator or the concerned /&LERegional /irector may conduct an e8 parte preliminarye8amination to determine whether the activities of a non3

licensee constitute a danger to national security andpublic order or will lead to further e8ploitation of 9obsee*ers For this purpose, the P&EA Administrator or theRegional /irector concerned or their duly authori4edrepresentatives, may e8amine personally thecomplainants and5or their witnesses in the form ofsearching 6uestions and answers and shall ta*e theirtestimony under oath .he testimony of the complainantsand5or witnesses shall be reduced in writing and signedby them and attested by an authori4ed of7icer

-f based on a surveillance report, or preliminarye8amination of the complainants, the P&EAAdministrator or /&LE Regional /irector, or theirauthori4ed representative is satis7ied that such danger ore8ploitation e8ists, a written order may shall be issued bythe P&EA Administrator or /&LE Regional /irector, ortheir authori4ed representative is satis7ied that suchdanger or e8ploitation e8ists, a written order shall beissued by the P&EA Administrator for the closure of the

establishment being used for illegal recruitment activity-n case of a business establishment whose license orpermit to operate a business was issued by the localgovernment, the Secretary of Labor and Employment, theP&EA Administrator or the Regional /irector concernedshall li*ewise recommend to the granting authority theimmediate cancellation5revocation of the license orpermit to operate its business

Se!"#$ 12.+m%lementation of )losure rder.A closure order shall be served upon the offender or theperson in charge of the sub9ect establishment .heclosure shall be effected by sealing and padloc*ing the

establishment and posting of notice of such closure inbold letters at a conspicuous place in the premises of theestablishment )henever necessary, the assistance andsupport of the appropriate law enforcement agenciesmay be re6uested for this purpose

Se!"#$ 1%.Re%ort on +m%lementation.A report on the implementation of the closure ordere8ecuted under oath, stating the details of theproceedings underta*en shall be submitted to the/irector3LR& or the Regional /irector concerned, as thecase may be, within two 1#2 days from the date ofimplementation

Se!"#$ 1&.+nstitution of )riminal ction 0%on )losurerder..he P&EA Administrator or the /&LE Regional /irector,or their duly authori4ed representatives, or any lawenforcement agencies or any aggrieved person mayinitiate the corresponding criminal action with theappropriate prosecutors of7ice

Se!"#$ 15.!ffect of )losure rder.All of7icers and responsible employees of the entityengaged in illegal recruitment activities shall be orderedincluded in the List of Persons with /erogatory Record

and be dis6uali7ied5barred from participating in theoverseas employment program of the government

Se!"#$ 1'.Who May &ile a Motion to Reo%en the!stablishment..he motion to re3open may be 7iled only by the following0

1a2 .he owner of the building or his5her dulyauthori4ed representativeC

1b2 .he building administrator or his5her dulyauthori4ed representativeC

1c2 Any other person or entity legitimately operatingwithin the premises closed5padloc*ed whoseoperations5activities are distinct from the

recruitment activities of the person5entity sub9ectof the closure order

Se!"#$ 1(.Grounds for Reo%ening the !stablishment.1a2 .hat the of7ice is not the sub9ect of the closure

orderC1b2 .hat the contract of lease with the owner of the

building or the building administrator has alreadybeen cancelled or terminated .he re6uest to re3open shall be duly supported by an af7idavit ofunderta*ing either of the owner of the building or


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the building administrator that the same will notbe leased5rented to any other person5entity forrecruitment purposes without the necessarylicense from the P&EAC

1c2 .hat the of7ice is shared by a person5entity notinvolved in illegal recruitment activities, whetherdirectly or indirectlyC or

1d2 Any other analogous ground that the P&EA mayconsider as valid and meritorious

Se!"#$ 1).Motion to Lift a )losure rder.A motion to lift a closure order which has already beenimplemented may be entertained only when 7iled withthe Licensing and Regulation &f7ice 1LR&2 within ten 1!"2calendar days from the date of implementation .hemotion shall be veri7ied and shall clearly state thegrounds upon which it is based, attaching supportingdocuments A motion to lift which does not conform tothe re6uirements herein set forth shall be denied

Se!"#$ 19.Who May &ile Motion to Lift a )losure rder..he veri7ied motion to lift closure order may be 7iled only

by the person or entity against whom the closure orderwas issued and implemented or a duly authori4edrepresentative

Se!"#$ 20.Grounds for Lifting )losure rder.Lifting of the closure order may be granted on any of thefollowing grounds0

1a2 .he person5entity is later found out or has proventhat it is not involved in illegal recruitmentactivities, whether directly or indirectlyC or

1b2 Any other analogous ground that the P&EA mayconsider as valid and meritorious

Lifting of a closure order is without pre9udice to the 7ilingof criminal complaints with the appropriate of7ice againstthe person alleged to have conducted illegal recruitmentactivities

Se!"#$ 21.%%eal..he order of the P&EA Administrator denying the motionto lift a closure order and5or motion to re3open may beappealed to the Secretary of Labor and Employmentwithin ten 1!"2 days from receipt thereof

Se!"#$ 22.Monitoring of !stablishments..he P&EA shall monitor establishments that are sub9ect

of closure orders

)here a re3opened of7ice is subse6uently con7irmed asstill being used for illegal recruitment activities, a newclosure order shall be issued which shall not be sub9ect toa motion to lift

Se!"#$ 2%.Pre'!m%loyment rientation (eminar1P!(2..he P&EA shall strengthen its comprehensive Pre3Employment &rientation Program through the conduct ofseminars that will discuss topics such as legal modes ofhiring for overseas employment, rights, responsibilities

and obligations of migrant wor*ers, health issues,prevention and modus operandi of illegal recruitmentand gender sensitivity

.he P&EA shall inform migrant wor*ers not only of theirrights as wor*ers but also of their rights as humanbeings, instruct and guide the wor*ers how to asserttheir rights and provide the available mechanism toredress violation of their rights

Se!"#$ 2&.Partnershi% *ith LG0s$ other Governmentgencies and 3Gs..he P&EA shall maintain and strengthen its partnershipwith L


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migrant wor*ers salary, the wor*er shall be entitled tothe full reimbursement of his placement fee with interestof twelve per cent 1!#G2 per annum, plus his salaries forthe une8pired portion of his employment contract orthree 1?2 months for every year of the une8pired term,whichever is less

-n case of any unauthori4ed deduction, the wor*er shallbe entitled to the refund of the deductions made, with

interest of twelve per cent 1!#G2 per annum, from thedate the deduction was made

Se!"#$ '.!ffect of &inal and !5ecutory 4udgment.-n case of 7inal and e8ecutory 9udgment against a foreignemployer5principal, it shall be automatically dis6uali7ied,without further proceedings, from participating in thePhilippine &verseas Employment Program and fromrecruiting and hiring Filipino wor*ers until and unless itfully satis7ies the 9udgment award

For this purpose, the NLR= or any party in interest shallfurnish the P&EA a certi7ied true copy of the sheriffs

return indicating the failure to fully satisfy a 7inal ande8ecutory 9udgment against a foreignemployer5principal

Should the dis6uali7ied foreign employer5principal fullysatisfy the 9udgment award, the NLR= or any party ininterest shall furnish the P&EA a certi7ied true copy ofthe sheriffs return indicating full compliance with the9udgment which may be a basis to lift the dis6uali7ication

Se!"#$ (.-oluntary rbitration.For &F)s withcollective bargaining agreements, the case shall besubmitted for voluntary arbitration in accordance with

Articles #H! and #H# of the Labor =ode

RULE VIII

ROLE OF DFA

Se!"#$ 1.ssistance to 3ationals as the ,hird Pillar ofPhili%%ine &oreign Policy.

Assistance to nationals is the third pillar of the Philippineforeign policy Pursuant to the Philippine Foreign ServiceAct of !++! and the (igrant )or*ers and &verseasFilipino Act, as amended, the /FA is mandated to

formulate and implement policies and programs topromote and protect the rights and welfare of Filipinomigrants, and provide consular and legal assistance tooverseas Filipinos in distress

Se!"#$ 2.+nternational$ Regional and #ilateral +nitiativesto Protect verseas &ili%ino Workers..he /FA shall continue to advocate in international andregional for the protection and promotion of the rightsand welfare of overseas Filipino wor*ers by ta*ing thelead and5or actively participating in the crafting ofinternational and regional conventions5declarations5agreements that protect their rights and promote their

welfare

.he /FA, through its Foreign Service posts, shallendeavour to improve the conditions of overseas Filipinowor*ers -t shall establish harmonious wor*ing relationswith the receiving countries through, among others, theforging of bilateral agreements5arrangements or otherforms of cooperationSe!"#$ %.ne )ountry',eam %%roach.Dnder thecountry3team approach, all of7icers, representatives andpersonnel posted abroad, regardless of their mother

agencies shall, on a per country basis, act as one country3team with a mission under the leadership of theambassador

-n receiving countries where there are Philippineconsulates, such consulates shall also constitute part ofthe country3team under the leadership of theambassador

-n the implementation of the country3team approach,visiting Philippine delegations shall be provided fullsupport and information

Se!"#$ &.3egotiations of +nternational greements..he /FA shall be the lead agency that shall advise andassist the President in planning, organi4ing, directing,coordinating and evaluating the total national effort inthe 7ield of foreign relations pursuant to the RevisedAdministrative =ode 1E8ecutive &rder No #+#2

RULE I

LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS

Se!"#$ 1.&unction and Res%onsibilities..he Legal Assistant for (igrant Affairs under the/epartment of Foreign Affairs shall be primarilyresponsible for the provision and over3all coordination ofall legal assistance services to Filipino (igrant )or*ersas well as &verseas Filipinos in distress -n the e8ercise ofthese primary responsibilities, he5she shall discharge thefollowing duties and functions0

1a2 -ssue the guidelines, procedures and criteria for theprovision of legal assistance services to Filipino

(igrant )or*ersC1b2 Establish close lin*ages with the /&LE, P&EA,

&))A and other government agencies concerned,as well as with non3governmental organi4ationsassisting migrant wor*ers, to ensure effectivecoordination in providing legal assistance tomigrant wor*ersC

1c2 )hen necessary, tap the assistance of the-ntegrated ;ar of the Philippines 1-;P2, other barassociations, legal e8perts on labor, migration andhuman rights laws, reputable law 7irms, and othercivil society organi4ations, to complementgovernment services and resources to provide

legal assistance to migrant wor*ersC1d2 Administer the Legal Assistance Fund for (igrant

)or*ers and to authori4e its disbursement, sub9ectto approved guidelines and procedures, governingits use, disposition and disbursementC

1e2'eep and maintain an information system formigration as provided in Section #" of the ActC

1f2 Prepare its budget for inclusion in the /epartmentof foreign Affairs budget in the annual e5she shall be appointed by the President of thePhilippines >e5she shall have the title, ran*, salary, andprivileges of an Dndersecretary of Foreign Affairs, andshall head the &f7ice of the Dndersecretary for (igrant


9/19

)or*ers Affairs 1&D()A2 of the /epartment of ForeignAffairs

>e5she shall have authority to hire private lawyers,domestic or foreign, in order to assist him5her in theeffective discharge of the functions of his5her &f7ice

Se!"#$ %.Legal ssistance &und..he Legal Assistance Fund created under the Act shall be

used e8clusively to provide legal services for (igrant)or*ers and &verseas Filipinos in distress in accordancewith approved guidelines, criteria and procedures of the/FA

-t shall be used inter alia for the following speci7icpurposes0

1a2 -n the absence of a counsel de o7icio or court3appointed lawyer, payment of attorneys fees toforeign lawyers for their services in representingmigrant wor*ers facing criminal and labor casesabroad, or in 7iling cases against erring or abusiveemployers abroad, provided, that no amount shall

be disbursed for the appeal of cases e8cept whenthe penalty meted is life imprisonment or death orunder meritorious circumstances as determinedby the Dndersecretary for (igrant )or*ers AffairsC

1b2 ;ail bonds to secure the temporary release ofwor*ers under detention upon therecommendation of the lawyer and the foreignservice post concernedC and

1c2 =ourt fees, charges and other reasonable litigatione8penses when so recommended by their lawyers

RULE

ROLE OF DOLE

Se!"#$ 1.n'(ite Protection..he /&LE shall see to it that labor and social welfarelaws in the foreign countries are fairly applied to migrantwor*ers and whenever applicable, to other overseasFilipinos, including the grant of legal assistance and thereferral to proper medical centres or hospitals

Se!"#$ 2.PL &unctions..he /&LE overseas operating arm shall be the P&L&,which shall have the following functions and

responsibilities0a Ensure the promotion and protection of the welfare

and interests of &F)s and assist them in allproblems arising out of employer3employeerelationshipsC

b =oordinate the /&LEs employment promotionmandate, consistent with the principles of the ActC

c Ierify employment contracts and other employment3related documentsC

d (onitor and report to the Secretary of Labor andEmployment on situations and policydevelopments in the receiving country that mayaffect &F)s in particular and Philippine labor

policies, in generalCe Supervise and coordinate the operations of the

(igrant )or*ers and &ther &verseas FilipinosResource =enterC and

f Such other functions and responsibilities as may beassigned by the Secretary of Labor andEmployment

A. POEA

Se!"#$ %.Regulation of Private (ector.

.he P&EA shall regulate private sector participation inthe recruitment and overseas placement of wor*ers bysetting up a licensing and registration system -t shallalso formulate and implement, in coordination withappropriate entities concerned, when necessary, a systemfor promoting and monitoring the overseas employmentof Filipino wor*ers ta*ing into consideration theirwelfare and the domestic manpower re6uirements -tshall be responsible for the regulation and management

of overseas employment from the pre3employment stage,securing the best possible employment terms andconditions for overseas Filipino wor*ers, and ta*ing intoconsideration the needs of vulnerable sectors and thepeculiarities of sea3based and land3based wor*ers

Se!"#$ &.7iring through the P!..he Administration shall recruit and place wor*ersprimarily on government3to3government arrangements-n the recruitment and placement to service there6uirements for trained and competent Filipino wor*ersof foreign governments and their instrumentalities, andsuch other employers as public interests may re6uire, the

Administration shall deploy only to countries where thePhilippines has concluded bilateral agreements orarrangements0 Provided that such countries shallguarantee to protect the rights of Filipino migrantwor*ersC and provided further that such countries shallobserve and5or comply with the international laws andstandards for migrant wor*ers

Se!"#$ 5.&oreign !m%loyers Guarantee &und.For migrant wor*ers recruited by the P&EA on agovernment to government arrangement, the P&EA shall,through relevant guidelines, establish and administer aForeign Employers


10/19

For this purpose, an aggrieved person is one who ispre9udiced by the commission of a violation or any of thegrounds for disciplinary actions provided in the P&EARules and Regulations

>owever, the Administration, on its own initiative, mayconduct proceedings based on reports of violations orany of the grounds for disciplinary actions provided in

the P&EA Rules and Regulations and other issuances onoverseas employment, sub9ect to preliminary evaluation

Se!"#$ 9.Prescri%tive Period.All pre3employment5recruitment violation anddisciplinary action cases shall be barred if notcommenced or 7iled with the Administration within three1?2 years after such cause of action accrued

Se!"#$ 10.+m%osition of dministrative Penalty.For pre3employment5recruitment violation cases, theAdministrator, in the e8ercise of ad9udicatory power, mayimpose the penalty of reprimand, suspension, or

cancellation or revocation of license

)here the penalty of suspension is imposed, theAdministrator may impose dis6uali7ication from theoverseas employment program For disciplinary actioncases against wor*ers, the Administrator may li*ewiseimpose suspension or dis6uali7ication

Se!"#$ 11.%%eal..he decision of the Administration may be appealed tothe Secretary of Labor and Employment within 7ifteen1!2 days from the receipt of the /ecision

B. OWWA

Se!"#$ 12.Programs and (ervices..he &))A shall continue to formulate and implementwelfare programs for overseas Filipino wor*ers and theirfamilies in all phases of overseas employment -t shallalso ensure the awareness by the &F)s and their familiesof these programs and other related governmentprograms

Se!"#$ 1%.ssistance in the !nforcement of )ontractualbligations.-n the implementation of &))A welfare programs and

services and in line with the &ne3=ountry .eamApproach for on3site services, the )elfare &f7icer or inhis5her absence, the coordinating of7icer shall0

! Provide the Filipino migrant wor*er and his5herfamily all the assistance they may need in theenforcement of contractual obligations by agenciesor entities and5or by their principalsC and

# (a*e representation and may call on the agencies orentities concerned to conferences or conciliationmeetings for the purpose of settling the complaintsor problems brought to his5her attention -f thereis no 7inal settlement at the 9obsite and the wor*eris repatriated bac* to the Philippines, conciliation

may continue at the &))A =entral &f7ice, or inany &))A Regional )elfare &f7ice

C. NRCO

Se!"#$ 1&.!stablishment of the 3ational Reintegration)enter for &Ws..he NR=& is hereby created in the /epartment of Laborand Employment for returning Filipino migrant wor*ers,which shall provide the mechanism of their reintegrationinto Philippine society, serve as a promotion house for

their local employment, and tap their s*ills andpotentials for national development

.he NR=& shall, in coordination with appropriategovernment and non3government agencies, serve as a&ne3Stop =enter that shall address the multi3facetedneeds of &F)3returnees and their families

For this purpose, .ES/A, the .echnology Resource =enter

1.R=2, and other government agencies involved intraining and livelihood development shall give priority tohousehold service wor*ers and entertainers

.he NR=& shall be attached to the &f7ice of theAdministrator of &))A for supervision and policyguidance

Se!"#$ 15.&unctions of the 3R)..he NR=& shall underta*e the following0

1a2 /evelop and support programs and pro9ects forlivelihood, entrepreneurship, savings, investmentsand 7inancial literacy for returning Filipino migrant

wor*ers and their families in coordination withrelevant sta*eholders, service providers andinternational organi4ationsC

1b2 =oordinate with appropriate sta*eholders, serviceproviders and relevant international organi4ationsfor the promotion, development and the fullutili4ation of overseas Filipino wor*er returneesand their potentialsC

1c2 -nstitute, in cooperation with other governmentagencies concerned, a computer3basedinformation system on returning Filipino migrantwor*ers which shall be accessible to all localrecruitment agencies and employers, both public

and privateC1d2 Provide a periodic study and assessment of 9ob

opportunities for returning Filipino migrantwor*ersC

1e2 /evelop and implement other appropriateprograms to promote the welfare of returningFilipino migrant wor*ersC

1f2 (aintain an internet3based communication systemfor on3line registration of returning &F)s andinteraction with clients, and maintain and upgradecomputer3based service capabilities of the NR=&C

1g2 /evelop capacity3building programs for returningoverseas Filipino wor*ers and their families,

implementers, service providers, andsta*eholdersC

1h2 =onduct research for policy recommendations andprogram developmentC and

1i2 Dnderta*e other programs and activities as may bedetermined by the Secretary of Labor andEmployment

Se!"#$ 1'.&ormulation of Program..he /&LE, &))A, .ES/A, and P&EA shall, within si8ty1H"2 days from effectivity of these Rules, formulate aprogram that would motivate migrant wor*ers to plan forproductive options such as entry into highly technical

9obs or underta*ings, livelihood and entrepreneurialdevelopment, better wage employment, and investmentof savings

D. M"+-$! W#-e-3 $4 O!e- O6e-3e3 F"*"7"$#3

Re3#-e Ce$!e-

Se!"#$ 1(.!stablishment of Migrant Workers and otherverseas &ili%ino Resource )enter.

A (igrant )or*ers and other &verseas FilipinosResource =enter shall be established in countries wherethere are large concentration of &F)s, as determined by


11/19

the Secretary of Labor and Employment -t shall beestablished within the premises of the PhilippineEmbassy or the =onsulate and be under theadministrative 9urisdiction of the Philippine Embassy

)hen the (igrant )or*ers and other &verseas FilipinosResource =enter is established outside the premises ofthe Embassy or =onsulate, the /epartment of ForeignAffairs shall e8ert its best effort to secure appropriate

recognition from the receiving government in accordancewith applicable laws and practices

Se!"#$ 1).(ervices..he (igrant )or*ers and other &verseas FilipinosResource =enter shall provide the following services0

a =ounseling and legal servicesCb )elfare assistance including the procurement of

medical and hospitali4ation servicesCc -nformation, advisory programs to promote social

integration such as post3arrival orientation,settlement and community networ*ing servicesand activities for social interactionC

d Registration of irregular5undocumented wor*ers tobring them within the purview of the ActC

e -mplementation of /&LE and &))A ProgramsCf >uman resource development, such as training and

s*ills upgradingCg


12/19

re6uires overseas Filipino wor*ers to go 7irst to anof7ice for registration and then farmed out to amedical clinic located elsewhere, shall not beallowedC

1e2 )ithin a period of three 1?2 years from theeffectivity of the Act, all /&> regional and5orprovincial hospitals under local government unitsshall establish and operate clinics that can servethe health e8amination re6uirements of Filipino

migrant wor*ers to provide them easy access tosuch clinics all over the country and lessen theirtransportation and lodging e8pensesC and

1f2 All /&>3accredited medical clinics, including the/&>3operated clinics, conducting healthe8aminations for Filipino migrant wor*ers shallobserve the same standard operating proceduresand shall comply with internationally3acceptedstandards in their operations to conform with there6uirements of receiving countries or of foreignemployers5principals

Se!"#$ 2.,em%orary Disualiication of &oreign

!m%loyers.Any foreign employer who does not honour the results ofvalid health e8aminations conducted by a /&>3accredited or /&>3operated clinic shall be temporarilydis6uali7ied from participating in the overseasemployment program, pursuant to P&EA Rules andRegulations .he temporary dis6uali7ication of theemployer may be lifted only upon the latters un6uali7iedacceptance of the result of the e8amination

Se!"#$ %.Liability of Medical )linic or 7ealth &acility.-n case an &F) is found to be not medically 7it within7ifteen 1!2 days upon his5her arrival in the country of

destination, the medical clinic or health facility thatconducted the health e8amination5s of such &F) shallpay for his5her repatriation bac* to the Philippines andthe cost of deployment of such wor*er

Any /&>3accredited clinic which violates any provisionsof this section shall, in addition to any other liability itmay have incurred, suffer the penalty of revocation of its/&>3accredited if after investigation, the medical reasonfor repatriation could have been detected at the time ofe8amination using the /&> PE(E pac*age as re6uired bythe employer5principal or the receiving country

Se!"#$ &. Liability of Government Personnel for3onfeasance and Malfeasance of their Duties under the

ct.

Any government of7icial or employee who violates anyprovision of this Rule shall be removed or dismissed fromservice with dis6uali7ication to hold any appointivepublic of7ice for 7ive 12 years Such penalty is withoutpre9udice to any other liability which he5she may haveincurred under e8isting laws, rules or regulations

Se!"#$ 5.+ssuance of Guidelines.)ithin si8ty 1H"2 days from effectivity of these Rules, the/&> shall issue the pertinent guidelines to implement

the provisions of this Rule

RULE II

ROLE OF LGU3

Se!"#$ 1.Role in nti'+llegal Recruitment and theverseas !m%loyment Program.-n the 7ight against illegal recruitment, the localgovernment units 1L


13/19

obligation of the wor*er to refund the cost thereof in casehis5her fault is determined by the Labor Arbiter

Se!"#$ %Re%atriation Procedure.)hen a need for repatriation arises and the foreignemployer fails to provide for its cost, the P&L& orresponsible personnel on3site shall simultaneously notify&))A and the P&EA of such need .he P&EA shall issuea notice re6uiring the agency concerned to provide,

within %$ hours from such notice, the plane tic*et or theprepaid tic*et advice 1P.A2 to the P&L& or PhilippineEmbassy .he agency shall notify the P&EA of suchcompliance, which shall then inform &))A of the actionof the agency

-n case there is a need to secure an e8it visa for therepatriation of the wor*er, the employer or principalshall have 7ifteen 1!2 days from notice to secure such ane8it visa (oreover, any agency involved in the wor*ersrecruitment, processing, and5or deployment shall alsocoordinate with the principal or employer in securing thevisa

Se!"#$ &.ction on 3on')om%liance.-f the employment agency fails to provide the tic*et orP.A within %$ hours from receipt of the notice, the P&EAshall suspend the documentary processing of the agencyor impose such sanctions as it may deem necessary Dponnotice from the P&EA, &))A shall advance the costs ofrepatriation with recourse to the agency or principal .headministrative sanction shall not be lifted until theagency reimburses the &))A of the cost of repatriationwith legal interest

-f the principal or employer and5or agency fail to secure

the e8it visa within a period of 7ifteen 1!2 days fromreceipt of the P&EA notice, the P&EA shall suspend theemployer or principal from participating in the overseasemployment program, and may impose suspension ofdocumentary processing on the agency, if warranted

Se!"#$ 5.!mergency Re%atriation..he &))A, in coordination with /FA, and in appropriatesituations, with international agencies, shall underta*ethe repatriation of wor*ers in cases of war, epidemic,disasters or calamities, natural or man3made, and othersimilar events without pre9udice to reimbursement bythe responsible principal or agency within si8ty 1H"2

days from notice -n such case, the P&EA shallsimultaneously identify and give notice to the agenciesconcerned

Se!"#$ '.Mandatory Re%atriation of 0nderage MigrantWorkers.Dpon discovery or upon being informed of the presenceof migrant wor*ers whose actual ages fall below theminimum age re6uirement for overseas deployment, theresponsible of7icers in the Foreign Service shall withoutdelay repatriate said wor*ers and advise the /FA throughthe fastest means of communication available of suchdiscovery and other relevant information

-n addition to re6uiring the recruitment5manning agencyto pay or reimburse the costs of repatriation, the P&EAshall cancel the license of the recruitment5manningagency that deployed an underage migrant wor*er afternotice and hearing and shall impose a 7ine of not lessthan 7ive hundred thousand pesos 1Php"""""""2 butnot more than &ne million pesos 1Php!,""","""""2 .heP&EA shall also order the recruitment5manning agencyto refund all fees pertinent to the processing of papers ordocuments in the deployment, to the underage migrant

wor*er or to his parents or guardian in a summaryproceeding conducted

.he refund shall be independent of and in addition to theindemni7ication for the damages sustained by theunderage migrant wor*er .he refund shall be paidwithin thirty 1?"2 days from the date the P&EA isof7icially informed of the mandatory repatriation asprovided for in the Act

Se!"#$ (.ther )ases of Re%atriation.-n all cases where the principal or agency of the wor*ercannot be identi7ied, cannot be located or had ceasedoperations, and the wor*er is in need and without means,the &))A personnel at the 9obsite, in coordination withthe /FA, shall cause the repatriation in appropriate casesAll costs attendant to repatriation borne by the &))Amay be charged to the Emergency Repatriation Fundprovided in the Act, without pre9udice to the &))Are6uiring the agency5employer5insurer or the wor*er toreimburse the cost of repatriation

Se!"#$ ).!mergency Re%atriation &und.)hen repatriation becomes immediate and necessary,the &))A shall advance the needed costs from theEmergency Repatriation Fund without pre9udice toreimbursement by the deploying agency and5orprincipal, or the wor*er in appropriate casesSimultaneously, the P&EA shall as* the concerned agencyto wor* towards reimbursement of costs advanced by the&))A -n cases where the cost of repatriation shalle8ceed &ne >undred (illion 1P!"",""","""""2 Pesos,the &))A shall ma*e representation with the &f7ice ofthe President for immediate funding in e8cess of saidamount

Se!"#$ 9.Prohibition on #onds and De%osits.-n no case shall a private recruitment5manning agencyre6uire any bond or cash deposit from the wor*er toguarantee performance under the contract or his5herrepatriation

RULE IV

SHARED GOVERNMENT INFORMATION SYSTEM FOR

MIGRATION

Se!"#$ 1.)om%osition.An -nter3Agency =ommittee shall be established toimplement a shared government information system formigration .he -nter3Agency =ommittee shall becomposed of the following agencies0

a2 /epartment of Foreign Affairs0b2 /epartment of Labor and Employment and

concerned attached agenciesCc2 /epartment of BusticeCd2 /epartment of the -nterior and Local ealth and concerned attached

agenciesCf2 /epartment of Social )elfare and /evelopmentC

g2 /epartment of .ourismCh2 -nsurance =ommissionCi2 =ommission on Filipinos &verseasC92 ;ureau of -mmigrationC*2 National ;ureau of -nvestigationCl2 National .elecommunications =ommissionCm2 =ommission on -nformation and =ommunications

.echnologyCn2 National =omputer =enterCo2 National Statistical and =oordination ;oardCp2 National Statistics &f7iceC


14/19

62 >ome /evelopment (utual FundC andr2 &ther government agencies concerned with overseas

employment

Se!"#$ 2.vailability$ ccessibility and Linkaging of)om%uter (ystems.-nitially, the -nter3Agency =ommittee shall ma*e availableto itself the information contained in e8isting databases57iles of its member agencies .he second phase

shall involve lin*aging of computer facilities systems inorder to allow the free37low data e8changes and sharingamong concerned agencies

Se!"#$ %.)hair and ,echnical ssistance..he -nter3Agency =ommittee shall be co3chaired by the/epartment of Foreign Affairs and the /epartment ofLabor and Employment .he National =omputer =entershall provide the necessary technical assistance and shallset the appropriate information and communicationstechnology standards to facilitate the sharing ofinformation among the member agencies

Se!"#$ &.Declassiication and (haring of !5isting+nformation..he -nter3Agency =ommittee shall convene to identifye8isting databases, which shall be declassi7ied andshared among member agencies .hese shared databasesshall initially include, but not be limited to, the followinginformation0

a2 (aster lists of Filipino migrant wor*ers5overseasFilipinos classi7ied according to occupation59obcategory, civil status, by country5state ofdestination including visa classi7icationC

b2 -nventory of pending legal cases involving Filipinomigrant wor*ers and other Filipino migrant

wor*ers and other Filipino nationals, includingthose serving prison termsC

c2 (aster list of departing5arriving FilipinosCd2 Statistical pro7ile on Filipino migrant

wor*ers5overseas Filipinos5 touristsCe2 ;lac*listed foreigners5undesirable aliensCf2 ;asic data on legal systems, immigration policies,

marriage laws and civil and criminal codes inreceiving countries particularly those with largenumbers of FilipinosC

g2 List of labor and other human rights instrumentswhere receiving countries are signatoriesC

h2 A trac*ing system of past and present gender

desegregated cases involving male and femalemigrant wor*ers, including minorsC and

i2 List of overseas posts, which may render assistanceto overseas Filipinos in general, and migrantwor*ers, in particular

92 List of licensed recruiters and recruitment agenciesC*2 List of accredited foreign employersCl2 List of recruiters and recruitment agencies with

decided5pending criminal5civil5administrativecases, and their dispositionsC and

m2 Such other information as may be deemednecessary by the -nter3Agency =ommittee

.he -nter3Agency =ommittee shall establish policies,guidelines, and procedures in implementing this Rule,including declassi7ication of information

Se!"#$ 5.)onidentiality of +nformation.-nformation and data ac6uired through this sharedinformation system shall be treated as con7idential andshall only be used for of7icial and lawful purposes, relatedto the usual functions of the -nter3Agency =ommitteemembers, and for purposes envisioned by the Act

Se!"#$ '.Regular Meetings..he -nter3Agency =ommittee shall meet regularly toensure the immediate and full implementation of Section#" of the Act and shall e8plore the possibility of settingup a central storage facility for the data on migration .heprogress of the implementation shall be included in thereport of the /FA and the /&LE under Section ?? of theAct

.he -nter3Agency =ommittee shall convene thirty 1?"2days from effectivity of these Rules to prioriti4e thediscussion of the following, inter alia0 data to be shared,fre6uency of reporting, and timeless and availability ofdata

Se!"#$ (.(ecretariat.A secretariat, which shall provide administrative andsupport services to the -nter3Agency =ommittee shall bebased in the /FA

Se!"#$ ).&unds..he Philippine =harity Sweepsta*es &f7ice shall allocate

an initial amount of P!" (illion to carry out theprovisions of this Rule .hereafter, the actual budget ofthe -nter3Agency =ommittee shall be drawn from the


15/19

All departing migrant wor*ers who need 7inancialassistance to pay or satisfy their pre3departure e8pensesmay avail of the Pre3/eparture Loans

=urrently employed migrant wor*ers or their eligibledependents who need emergency 7inancing assistancemay avail of the Family Assistance Loan

Se!"#$ &.dministration of the &und.

Pursuant to Sec #! of the Act, the amount of &ne>undred (illion pesos 1P!"",""","""""2 from the=apital Funds of &))A shall constitute the (igrant)or*ers Loan


16/19

the migrant wor*er and5or the bene7iciary and to ensurethat all information and documents in the custody of theagency necessary for the claim must be readily accessibleto the claimant

Se!"#$ &.6ualiication of +nsurance )om%anies.&nly reputable private insurance companies dulyregistered with the 1-=2, which are in e8istence andoperational for at least 7ive 12 years, with a net worth of

at least Five >undred (illion Pesos 1Php"",""","""""2to be determined by the -=, and with a current yearcerti7icate of authority shall be 6uali7ied to provide forthe wor*ers insurance coverage -nsurance companieswho have directors, partners, of7icers, employees oragents with relatives, within the fourth civil degree ofconsanguinity or af7inity, who wor* or have interest inany of the licensed recruitment5manning agencies or inany of the government agencies involved in the overseasemployment program shall be dis6uali7ied fromproviding this wor*ers insurance coverage -t shall bethe duty of the said directors, partners, of7icers,employees or agents to disclose any such interest to the

-= and P&EA

Se!"#$ 5.Reuirement for +ssuance of !)..he recruitment5manning agency shall have the right tochoose from any of the 6uali7ied insurance providers thecompany that will insure the migrant wor*er it willdeploy After procuring such insurance policy, therecruitment5manning agency shall provide anauthenticated copy thereof to the migrant wor*er -t shallthen submit the certi7icate of insurance coverage of themigrant wor*er to P&EA as a re6uirement for theissuance of &verseas Employment =erti7icate 1&E=2 tothe migrant wor*er -n the case of seafarers who are

insured under policies issued by foreign insurancecompanies, the P&EA shall accept certi7icates or otherproofs of cover from recruitment5manning agencies0Provided, that the minimum coverage under sub3paragraphs 1a2 to 1i2 are included therein For thispurpose, foreign insurance companies shall includeentities providing indemnity cover to the vessel

Se!"#$ '.3otice of )laim.Any person having a claim upon the policy issuedpursuant to subparagraphs 1a2, 1b2, 1c2, 1d2 and 1e2 ofSection # of this Rule shall present to the insurancecompany concerned a written notice of claim together

with pertinent supporting documents .he insurancecompany shall forthwith ascertain the truth and e8tent ofthe claim and ma*e payment within ten 1!"2 days fromthe 7iling of the notice of claim

Se!"#$ (.Documentary Reuirements for ccidental or3atural Death or Disablement )laims.Any claim arising from accidental death, natural death orpermanent total disablement under Section # 1a2, 1b2 and1c2 shall be paid by the insurance company without anycontest and without the necessity of proving fault ornegligence of any *ind on the part of the insured migrantwor*er0 Provided the following documents, duly

authenticated by the Philippine foreign posts, shall besuf7icient evidence to substantiate the claim0

1!2 /eath =erti7icate 3 in case of natural or accidentaldeathC

1#2 Police or Accident Report 3 in case of accidentaldeathC and

1?2 (edical =erti7icate 3 in case of permanentdisablement

-n case of a seafarer, the amounts provided in Section #1a2, 1b2, or 1c2, as the case may be shall, within ten 1!"2

days from submission of the above3stated documents, bepaid by the foreign insurance company through itsPhilippine representative to the seafarer5bene7iciarywithout any contest and without any necessity of provingfault or negligence on the part of the seafarer Suchamount received by the seafarer5bene7iciary may beentitled to under the provisions of the P&EA3StandardEmployment =ontract or collective bargaining agreement1=;A2 Any claim in e8cess of the amount paid pursuant

to the no contest, no fault or negligence provision of thissection shall be determined in accordance with theP&EA3SE= or =;A

Se!"#$ ).Documentary Reuirement for Re%atriation)laim.

For repatriation under subparagraph 1d2 of Section # ofthis Rule , a certi7ication which states the reason5s for thetermination of the migrant wor*ers employment and theneed for his5her repatriation shall be issued by thePhilippine foreign post or the Philippine &verseas Labor&f7ice 1P&L&2 located in the receiving country Suchcerti7ication shall be solely for the purpose of complying

with this section

Se!"#$ 9.Documentary Reuirements for (ubsistencello*ance #eneit )laim.For subsistence allowance bene7it under sub3paragraph1e2 of Section # of this Rule, the concerned Labor AttacheKor, in his absence, the embassy or consular of7icial shallissue a certi7ication which states the name of the case,the names of the parties and the nature of the cause ofaction of the migrant wor*er

Se!"#$ 10.(ettlement of Money )laims.For the payment of money claims under sub3paragraph

1f2 of Section # of this Rule, the following rules shallgovern0

1!2 After a decision has become 7inal and e8ecutory ora settlement5compromise agreement has beenreached between the parties at the NLR=, theLabor Arbiter shall, motu proprio or upon motion,and following the conduct of pre3e8ecutionconference, issue a writ of e8ecution mandatingthe respondent recruitment5manning agency topay the amount ad9udged or agreed upon withinthirty 1?"2 days from receipt thereofC

1#2 .he recruitment5manning agency shall thenimmediately 7ile a notice of claim with its

insurance provider for the amount of liabilityinsured, attaching therewith a copy of the decisionor compromise agreementC

1?2 )ithin ten 1!"2 days from the 7iling of notice ofclaim, the insurance company shall ma*e paymentto the recruitment5manning agency the amountad9udged or agreed upon, or the amount of liabilityinsured, whichever is lower After receiving theinsurance payment, the recruitment5manningagency shall immediately pay the migrant wor*ersclaim in full, ta*ing into account that in case theamount of insurance coverage is insuf7icient tosatisfy the amount ad9udged or agreed upon, it is

liable to pay the balance thereofC1%2 -n case the insurance company fails to ma*e

payment within ten 1!"2 days from the 7iling of theclaim, the recruitment5manning agency shall paythe amount ad9udged or agreed upon within theremaining days of the thirty3day period, asprovided in the 7irst sub3paragraph hereofC

12 -f the wor*ers claim was not settled within theaforesaid thirty3day period, therecruitment5manning agencys performance bond


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or escrow deposit shall be forthwith garnished tosatisfy the migrant wor*ers claimC

1H2 .he provision of compulsory wor*ers insuranceunder this section shall not affect the 9oint andseveral liability of the foreign employer and therecruitment5manning agency under Section !" ofthe ActC

1J2 Lawyers for the insurance companies, unless thelatter are impleaded, shall be prohibited to appear

before the NLR= in money claims cases under RuleI--

Se!"#$ 11.Dis%utes in the !nforcement of +nsurance)laims.Any 6uestion or dispute in the enforcement of anyinsurance policy issued under this Rule shall be broughtbefore the -= for mediation or ad9udicationNotwithstanding the preceding paragraph, the NLR=shall have the e8clusive 9urisdiction to enforce against therecruitment5manning agency its decision, resolution ororder, that has become 7inal and e8ecutory or asettlement5compromise agreement reached between the

parties

Se!"#$ 12.Liability of Recruitment/Manning gency.-n case it is shown by substantial evidence before theP&EA that the migrant wor*er who was deployed by alicensed recruitment5manning agency has paid for thepremium or the cost of the insurance coverage or that thesaid insurance coverage was used as basis by therecruitment5manning agency to claim any additional feefrom the migrant wor*er, the said licensedrecruitment5manning agency shall lose its license and allits directors, partners, proprietors, of7icers andemployees shall be perpetually dis6uali7ied from

engaging in the business of recruitment of overseaswor*ers Such penalty is without pre9udice to any otherliability which such persons may have incurred undere8isting laws, rules or regulations

Se!"#$ 1%.&oreign !m%loyers Guarantee &und.For migrant wor*ers recruited by the P&EA on agovernment3to3government arrangement, the P&EAForeign Employers


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wor*er with at least three 1?2 years e8perience assuchC

1d2 A Selection and Screening =ommittee shall beestablished within the P&EA and &))A by theSecretary of Labor and Employment to formulatethe procedures on application, screening andconsultation, and shall be responsible to providethe list of 6uali7ied nominees to the respective


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.he fund of &ne >undred Fifty (illion Pesos1P!",""","""""2 shall be sourced from the proceeds ofLotto draws

Se!"#$ '.)reation of the (cholarshi% &und )ommittee..here is hereby created a Scholarship Fund =ommittee tobe composed of representatives from the /&LE, /&S.,P&EA, &))A, .ES/A and two 1#2 representatives ofmigrant wor*ers to be appointed by the Secretary of

Labor and Employment

Se!"#$ (.&unctions of the (cholarshi% &und )ommittee.1a2 .o set the coverage, criteria and standards of

admission to the Scholarship ProgramC1b2 .o determine the amount of availmentC1c2 .o monitor and evaluate the programC1d2 .o identify5accredit training and testing

institutionsC and1e2 .o perform such other functions necessary to attain

the purpose of the Fund

Se!"#$ ).+m%lementing gency.

.he &))A shall be the Secretariat of the ScholarshipFund =ommittee As such, it shall administer theScholarship Program, in coordination with the /&S.

RULE VIII

FUNDING

Se!"#$ 1.(ources of &unds..he departments, agencies,instrumentalities, bureaus, of7ices and government3owned and controlled corporations charged withcarrying 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

Date post:	05-Apr-2018
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RA No. 10022 - Omnibus Rules

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