(1)

December 17, 2012

IMPLEMENTING RULES AND REGULATIONS OF EXECUTIVE ORDER NO.

83, SERIES OF 2012, OR THE "INSTITUTIONALIZATION OF THE
PHILIPPINE QUALIFICATIONS FRAMEWORK"

Pursuant to the provisions of Executive Order No. 83, series of 2012,

"Institutionalization of the Philippine Qualifications Framework" signed by
President Benigno S. Aquino III on the 1st day of October, 2012 which took effect
upon its publication, conformably to Section 3 thereof, the Department of
Education (DepEd), the Technical Education and Skills Development Authority
(TESDA), Commission on Higher Education (CHED), Department of Labor and
Employment (DOLE), and the Professional Regulation Commission (PRC),
hereby issue the following rules and regulations to guide the implementation of the
Order. IcSHTA

RULE I

Preliminary Provisions

SECTION 1. Title. —

This issuance shall be referred to as the Implementing Rules and

Regulations (IRR) of Executive Order No. 83, series of 2012, or the
"Institutionalization of the Philippine Qualifications Framework."

SECTION 2. Construction. —

These rules and regulations shall be liberally construed as to carry out the
objectives of the Order which is stated in Section 1 thereof:

"The Philippine Qualifications Framework (PQF) is hereby

established with the following objectives: 1) To adopt national standards and
levels for outcomes of education; 2) To support the development and
maintenance of pathways and equivalencies which, provide access to
qualifications and assist people to move easily and readily between the
different education and training sectors and between these sectors and the
labor market; and, 3) To align the PQF with international qualifications
framework to support the national and international mobility of workers
through increased recognition of the value and comparability of Philippine
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 qualifications."

SECTION 3. Definition of Terms. —

For purposes of this issuance, the following definitions shall be adopted:

3.1. Order refers to Executive Order No. 83, series of 2012 or

"Institutionalization of the Philippine Qualifications
Framework."

3.2. IRR refers to the Implementing Rules and Regulations of

Executive Order No. 83, series of 2012.

3.3. Committee refers to the Philippine Qualifications Framework

National Coordinating Committee.

3.4. Secretariat refers to the permanent technical secretariat

organized from the present staff complements of DepEd,
TESDA, PRC, DOLE, and CHED. aCTHDA

3.5. DepEd refers to the Department of Education.

3.6. TESDA refers to the Technical Education and Skills

Development Authority.

3.7. CHED refers to the Commission on Higher Education.

3.8. DOLE refers to the Department of Labor and Employment.

3.9. PRC refers to the Professional Regulation Commission.

3.10. PQF refers to the Philippine Qualifications Framework, a

national policy which describes the levels of educational
qualifications and sets the standards for qualification outcomes.

3.11. Basic Education refers to the education intended to meet basic

learning needs which lays the foundation on which subsequent
learning can be based. It encompasses early childhood,
elementary and high school education as well as alternative
learning systems for out-of-school youth and adult learners and
includes education for those with special needs. (RA No. 9155
S. 2011)

3.12. Technical Vocational Education and Training refers to the

education process where it involves, in addition to general
education, the study of technologies and related sciences and

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 the acquisition of practical skills relating to occupations in
various sectors of economic life and social life, comprises
formal (organized programs as part of the school system) and
non-formal (organized classes outside the school system)
approaches (UNESCO).

3.13. Higher Education refers to the stage of formal education

requiring secondary and post-secondary education covering the
programs on: (a) all courses of study leading to bachelor's
degree and (b) all degree courses of study beyond bachelor's
degree level.

3.14. Qualification refers to a package of competencies describing a

particular function or job role existing in an economic sector,
covering the work activities required to undertake a particular
job role. aCIHcD

3.15. Trifocalized Education and Training refers to the three levels of

Philippine education system: basic education,
technical-vocational education and training, and higher
education.

SECTION 4. Key Objectives of the Philippine Qualifications

Framework. —

1. Establishes national standards and levels for outcomes of

education and training, specializations, skills and competencies.

2. Provides national regulatory and quality assurance

arrangements for education and training.

3. Supports the development and maintenance of pathways and

equivalencies which provide access to qualifications.

4. Supports individual lifelong learning goals by providing the

basis for individuals to progress through education and training.

5. Aligns the PQF with international qualifications framework to

support the international mobility of learners and workers
through increased recognition of the value and comparability of
Philippine qualifications.

RULE II

Coverage

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 SECTION 5. Applicability. —

This IRR shall apply to:

5.1 All sectors, levels, and modes of delivery of the Philippines'

trifocalized education system: basic education, technical
vocational education and training, and higher education; and

5.2 All institutions and systems which provide trainings,

specializations, skills and competencies, professional
experience or through life-long learning. IDSaEA

SECTION 6. Participation of Industry Sector. —

Pursuant to Section 4 of the Order, industry sector representatives of

various associations and chambers, shall be consulted and engaged in the detailing
and application of the PQF to ensure alignment of educational outcomes to job
requirements.

RULE III

Organization

SECTION 7. The PQF National Coordinating Committee. —

By virtue of Section 2 of EO No. 83, s. 2012, the PQF National

Coordinating Committee was created to be chaired by the Secretary of the
Department of Education (DepEd) with the members comprised of the
Director-General of TESDA, Chairpersons of CHED and PRC, and Secretary of
DOLE.

SECTION 8. Powers and Functions of the Committee. —

1. Creates technical working groups in support of the detailing

and implementation of the PQF

2. Harmonizes the levels of qualifications with all levels of

education

3. Aligns education standards and learning outcomes to the level

descriptors contained herein

4. Develops and recognizes pathways and equivalencies

5. Discuss and agree on the elements of the PQF including but not
limited to their principles, key features, definitions or
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 terminologies, structure and governance arrangements

6. Review and update the PQF

7. Provides information and guidelines in the implementation of

the PQF

8. Establishes a quality assurance mechanism IaAHCE

9. Maintains the national registry of qualified manpower

10. Ensures the international alignment of the PQF with the

qualification frameworks of other countries

11. Represents the country in international fora or negotiations on

qualification agreements/arrangements

12. Provides regular feedback on the progress and

accomplishments to the Office of the President with respect to
the implementation of the Order

13. Perform such other functions that may be related to the

implementation of the PQF

SECTION 9. The Technical Secretariat. —

Pursuant to Section 8 of EO No. 83, s. 2012, a permanent technical

secretariat shall be organized from the present staff complements of DepEd,
TESDA, and CHED to ensure efficient and effective implementation. DOLE and
PRC shall designate a permanent representative to the technical secretariat.

SECTION 10. Functions of the Secretariat. —

10.1 Provide technical and administrative support to the Committee;

10.2 Engage the services of technical experts; and

10.3 Perform such other functions as the Committee may deem

necessary.

RULE IV

Qualifications Standards and Assessment

SECTION 11. Qualifications Descriptors. —

Pursuant to Section 5 of the Order, the 8-Level Qualifications Descriptors

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are adopted, defined in terms of knowledge and skills, application, degree of
independence, and qualification levels as contained in Attachment A of this
document. ICAcTa

SECTION 12. National Pilot Programs. —

DepEd, TESDA, and CHED shall jointly implement national pilot

programs to determine the relevance and applicability of the detailed descriptors in
all levels of education.

SECTION 13. Review of Licensure Examinations. —

As per Section 7 of the Order, the PRC and CHED shall review the
framework and contents of the licensure examinations of each of the professions
and align them with that of the PQF.

RULE V

Final Provisions

SECTION 14. Appropriations. —

Pursuant to Section 9 of the Order, the funds necessary for the

implementation of the PQF shall be charged against the existing appropriations of
DepEd, TESDA, and CHED.

SECTION 15. Repealing Clause. —

By virtue of Section 10 of the Order, all issuances, orders, rules, and

regulations or parts thereof which are inconsistent with the provisions of the same
are hereby revoked and/or modified accordingly.

SECTION 16. Separability Clause. —

If any provision of this IRR is declared invalid or unconstitutional, the other

provisions unaffected shall remain valid and subsisting.

SECTION 17. Effectivity Clause. —

These rules and regulations shall take effect fifteen (15) days from the date
of its publication in the Official Gazette or in two (2) newspapers of general
circulation.

Signed this 17th of December 2012, in Manila, Philippines. EcHTDI

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 (SGD.) BR. ARMIN A. LUISTRO FSC
Secretary, DepEd

(SGD.) ROSALINDA DIMAPILIS-BALDOZ

Secretary, DOLE

(SGD.) PATRICIA B. LICUANAN, Ph.D.

Chairperson, CHED

(SGD.) EMMANUEL JOEL J. VILLANUEVA

Director General, TESDA

(SGD.) TERESITA R. MANZALA

Chairperson, PRC

Published in The Philippine Star on December 28, 2012.

(2)

July 8, 2010

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,
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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
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. ADEaHT

(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

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 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. 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
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 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.

(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; EACIcH

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

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 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,
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:

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 (1) Those who acquired their passports through fraud or
misrepresentation;

(2) Those who possess expired visas or permits to stay;

(3) Those who have no travel document whatsoever;

(4) Those who have valid but inappropriate visas; or

(5) Those whose employment contracts were not processed by

the POEA or subsequently verified and registered on-site by
the POLO, if required by law or regulation. ADSTCI

(v) Labor Code — Presidential Decree No. 442, as amended.

(w) License — refers to the document issued by the Secretary of Labor

and Employment authorizing a person, partnership or corporation to
operate a private recruitment/manning agency.

(x) LGU — Local Government Unit.

(y) Manning Agency — refers to any person, partnership or corporation

duly licensed by the Secretary of Labor and Employment to engage
in the recruitment and placement of seafarers for ships plying
international waters and for related maritime activities.

(z) NBI — National Bureau of Investigation.

(aa) NCC — National Computer Center.

(bb) NLRC — National Labor Relations Commission.

(cc) Non-licensee — refers to any person, partnership or corporation with

no valid license to engage in recruitment and placement of overseas
Filipino workers or whose license is revoked, cancelled, terminated,
expired or otherwise delisted from the roll of licensed
recruitment/manning agencies registered with the POEA.

(dd) NRCO — National Reintegration Center for Overseas Filipino

Workers.

(ee) NSCB — National Statistical and Coordination Board.

(ff) NSO — National Statistics Office.

(gg) NTC — National Telecommunications Commission.

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

(qq) Rehires — refer to land-based workers who renewed their

employment contracts with the same principal.

(rr) Regular/Documented Filipino Migrant Workers — Refer to the

following:

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 (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. HEacAS

(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.

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

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 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. Such a certification shall be subject to
review by the DFA as often as may be deemed necessary.

The POEA Governing Board shall, in a Resolution, allow only the

deployment of OFWs to receiving countries which have been certified by the DFA
as compliant with the above stated guarantees.

The POEA shall register OFWs only for receiving countries allowed by the
POEA Governing Board, subject to existing standards on accreditation of foreign
employers/principals and qualification requirements for workers.

SECTION 2. Liability of the Members of the POEA Governing Board,

Government Officials and Employees. —

The members of the POEA Governing Board who actually voted in favor of
a Resolution allowing the deployment of migrant workers without the DFA
certification referred to in the preceding section shall suffer the penalties of
removal or dismissal from service with disqualification to hold any appointive
public office for five (5) years. Further, the government official or employee
responsible for the issuance of the permit or for allowing the deployment of
migrant workers in violation of this section and in direct contravention of a
Resolution by the POEA Governing Board prohibiting deployment shall be meted
the same penalties in this section.

SECTION 3. Deployment of OFWs to Ocean-Going Ships. —

The State shall also allow the deployment of OFWs to ships navigating the
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foreign seas or to installations located offshore or on high seas whose
owners/employers are compliant with international laws and standards that protect
the rights of migrant workers.

SECTION 4. Deployment to Companies and Contractors with

International Operations. —

The State shall likewise allow the deployment of OFWs to companies and
contractors with international operations: Provided, that they are compliant with
standards, conditions and requirements, as embodied in the employment contracts
prescribed by the POEA and in accordance with internationally-accepted
standards.

SECTION 5. Deployment of Skilled Workers. —

As soon as adequate mechanisms for determination of skills are in place

and consistent with national interest, the Secretary of Labor and Employment shall
allow the deployment only of skilled Filipino workers. IaDSEA

SECTION 6. Termination or Ban on Deployment. —

Notwithstanding the provisions of Sections 1 and 5 of this Rule, in pursuit

of the national interest or when public welfare so requires, the POEA Governing
Board, after consultation with the DFA, may, at any time, terminate or impose a
ban on the deployment of migrant workers.

The POEA Governing Board may, after consultation with the DFA, grant
exceptions to the ban or lift the ban.

SECTION 7. Travel Advisory. —

The DFA shall issue travel advisories as the need arises. A "travel
advisory" is a notice to the traveling public normally for a security reason and
based on the prevailing peace and order situation in a specific destination.

SECTION 8. Labor Situationer. —

The POEA, in consultation with the DFA, shall disseminate information on

labor and employment conditions, migration realities and other facts, as well as
adherence of particular countries to international standards on human and workers
rights which will adequately prepare individuals into making informed and
intelligent decisions about overseas employment. The POEA shall publish, in a
timely manner, such advisory in a newspaper of general circulation.

The POEA may undertake other programs or resort to other modes of

information and dissemination campaigns, such as the conduct of nationwide,
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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-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; aHDTAI

(e) To influence or attempt to influence any person or entity not to

employ any worker who has not applied for employment through his
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 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;

(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.

SECTION 2. Crime Involving Economic Sabotage. —

Illegal recruitment is deemed committed by a syndicate if carried out by a

Copyright 1994-2018 CD Technologies Asia, Inc. Labor and Social Legislation 2017 18
group of three (3) or more persons conspiring or confederating with one another. It
is deemed committed in large scale if committed against three (3) or more persons
individually or as a group.

SECTION 3. Other Prohibited Acts. —

In addition to the acts enumerated above, it shall also be unlawful for any
person or entity to commit the following prohibited acts:

a. Grant a loan to an OFW with interest exceeding eight (8%) percent

per annum, which will be used for payment of legal and allowable
placement fees and make the migrant worker issue, either personally
or through a guarantor or accommodation party, postdated checks in
relation to the said loan;

b. Impose a compulsory and exclusive arrangement whereby an OFW

is required to avail of a loan only from specifically designated
institutions, entities, or persons;

c. Refuse to condone or renegotiate a loan incurred by an OFW after

the latter's employment contract has been prematurely terminated
through no fault of his/her own;

d. Impose a compulsory 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; IETCAS

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.

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 SECTION 4. Persons Responsible. —

The persons criminally liable for the above offenses are the principals,
accomplices and accessories. In case of juridical persons, the officers having
ownership, control, management or direction of their business who are responsible
for the commission of the offense and the responsible employees/agents thereof
shall be liable.

SECTION 5. Penalties. —

(a) Any person found guilty of illegal recruitment shall suffer the penalty
of imprisonment of not less than twelve (12) years and one (1) day but not more
than twenty (20) years and a fine of not less than One Million Pesos
(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.

SECTION 6. Venue. —

A criminal action arising from illegal recruitment as defined under this Rule
shall be filed with the Regional Trial Court of the province or city where the
offense was committed or where the offended party actually resides at the time of
the commission of the offense; Provided, that the court where the criminal action
is first filed shall acquire jurisdiction to the exclusion of other courts.

SECTION 7. Prescription. —
Copyright 1994-2018 CD Technologies Asia, Inc. Labor and Social Legislation 2017 20
 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.

SECTION 8. Independent Action. —

The filing of an offense punishable under this section shall be without

prejudice to the filing of cases punishable under other existing laws, rules or
regulations.

RULE V

Prohibition of Government Personnel

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 acIASE

(b) Any of his/her relatives within the fourth civil degree of

consanguinity or affinity.

Any government official or employee found to be violating this

section shall be charged administratively, according to Civil Service
Rules and Regulations without prejudice to criminal prosecution.

The government agency concerned shall monitor and initiate, upon its
initiative or upon the petition of any private individual, action against erring
officials and employees, and/or their relatives.

RULE VI

Anti-Illegal Recruitment Programs

SECTION 1. POEA Anti-Illegal Recruitment Programs. —

The POEA adopts policies and procedures, prepares and implements

intensified programs and strategies towards the eradication of illegal recruitment

Copyright 1994-2018 CD Technologies Asia, Inc. Labor and Social Legislation 2017 21
activities such as, but not limited to the following:

(a) Providing legal assistance to victims of illegal recruitment and

related cases which are administrative or criminal in nature, such as
but not limited to documentation and counseling;

(b) Prosecution of illegal recruiters, during preliminary investigation

and during trial in collaboration with the DOJ prosecutors;

(c) Special operations such as surveillance and closure of establishment

or entities suspected to be engaged in illegal recruitment; and

(d) Information and education campaign.

Whenever necessary, the POEA shall coordinate with other appropriate

entities in the implementation of said programs.

SECTION 2. Legal Assistance. —

The POEA shall provide free legal service to victims of illegal recruitment
and related cases which are administrative or criminal in nature in the form of
legal advice, assistance in the preparation of complaints and supporting
documents, institution of criminal actions.

SECTION 3. Receiving of Complaints for Illegal Recruitment. —

Victims of illegal recruitment and related cases which are administrative or

criminal in nature may file with the POEA a report or complaint in writing and
under oath for assistance purposes.

In regions outside the National Capital Region, complaints and reports

involving illegal recruitment may be filed with the appropriate regional office of
the POEA or DOLE.

The complaints and reports received by the DOLE shall be endorsed to the
POEA for proper evaluation.

SECTION 4. Endorsement of Case to the Proper Prosecution Office.

—

The POEA, after evaluation and proper determination that sufficient

evidence exists for illegal recruitment and other related cases, shall endorse the
case to the proper Prosecution Office for the conduct of preliminary investigation.

During preliminary investigation, the complainant may avail of legal

assistance or counseling from the POEA.

Copyright 1994-2018 CD Technologies Asia, Inc. Labor and Social Legislation 2017 22
 SECTION 5. Institution of Criminal Action. —

The Secretary of Labor and Employment, the POEA Administrator or the

DOLE Regional Director, or their duly authorized representatives, or any
aggrieved person, may initiate the corresponding criminal action with the
appropriate office. CIDcHA

SECTION 6. Affidavits and Testimonies of Operatives. —

Affidavits and testimonies of operatives or personnel from the DOLE,

POEA, and law enforcement agencies who witnessed the acts constituting the
offense shall be sufficient basis to prosecute the accused.

SECTION 7. Legal Assistance During Trial. —

In the prosecution of offenses punishable under Section 6 of the Act, the

Anti-Illegal Recruitment Branch of the POEA shall collaborate with the public
prosecutors of the DOJ and, in certain cases, allow the POEA lawyers to take the
lead in prosecution.

SECTION 8. Special Allowance for Lawyers of the Prosecution

Division. —

The POEA lawyers who act as special counsels during preliminary

investigation and/or as collaborating attorneys of the public prosecutors of the
DOJ during court hearings shall be entitled to receive additional allowances in
such amounts as may be determined by the Administrator.

SECTION 9. Action on the Complaint/Report. —

Where the complaint/report alleges that illegal recruitment activities are

ongoing, surveillance shall be undertaken at the premises where the alleged illegal
recruitment activities are conducted. If illegal recruitment activities are confirmed,
the POEA Director of the Licensing and Regulation Office (LRO) shall
recommend to the POEA Administrator the institution of criminal action and/or
the issuance of a closure order or order of preventive suspension.

SECTION 10. Surveillance. —

The POEA and/or designated officials in the DOLE regional offices may,
on their own initiative, conduct surveillance on the alleged illegal recruitment
activities.

Within two (2) days from the termination of surveillance, a report

supported by an affidavit shall be submitted to the Director-LRO or the Regional

Copyright 1994-2018 CD Technologies Asia, Inc. Labor and Social Legislation 2017 23
Director concerned, as the case may be.

SECTION 11. Issuance of Closure Order. —

The POEA Administrator or the concerned DOLE Regional Director may

conduct an ex parte preliminary examination to determine whether the activities of
a non-licensee constitute a danger to national security and public order or will lead
to further exploitation of job seekers. For this purpose, the POEA Administrator or
the Regional Director concerned or their duly authorized representatives, may
examine personally the complainants and/or their witnesses in the form of
searching questions and answers and shall take their testimony under oath. The
testimony of the complainants and/or witnesses shall be reduced in writing and
signed by them and attested by an authorized officer.

If based on a surveillance report, or preliminary examination of the

complainants, the POEA Administrator or DOLE Regional Director, or their
authorized representative is satisfied that such danger or exploitation exists, a
written order 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.

SECTION 12. Implementation of Closure Order. —

A closure order shall be served upon the offender or the person in charge of
the subject establishment. The closure shall be effected by sealing and padlocking
the establishment and posting of notice of such closure in bold letters at a
conspicuous place in the premises of the establishment. Whenever necessary, the
assistance and support of the appropriate law enforcement agencies may be
requested for this purpose. DHESca

SECTION 13. Report on Implementation. —

A report on the implementation of the closure order executed under oath,

stating the details of the proceedings undertaken shall be submitted to the
Director-LRO or the Regional Director concerned, as the case may be, within two
(2) days from the date of implementation.

SECTION 14. Institution of Criminal Action Upon Closure Order. —

The POEA Administrator or the DOLE Regional Director, or their duly

Copyright 1994-2018 CD Technologies Asia, Inc. Labor and Social Legislation 2017 24
authorized representatives, or any law enforcement agencies or any aggrieved
person may initiate the corresponding criminal action with the appropriate
prosecutor's office.

SECTION 15. Effect of Closure Order. —

All officers and responsible employees of the entity engaged in illegal

recruitment activities shall be ordered included in the List of Persons with
Derogatory Record and be disqualified/barred from participating in the overseas
employment program of the government.

SECTION 16. Who May File a Motion to Reopen the Establishment. —

The motion to re-open may be filed only by the following:

(a) The owner of the building or his/her duly authorized representative;

(b) The building administrator or his/her duly authorized representative;

(c) Any other person or entity legitimately operating within the premises
closed/padlocked whose operations/activities are distinct from the
recruitment activities of the person/entity subject of the closure
order.

SECTION 17. Grounds for Reopening the Establishment. —

(a) That the office is not the subject of the closure order;

(b) That the contract of lease with the owner of the building or the
building administrator has already been cancelled or terminated. The
request to re-open shall be duly supported by an affidavit of
undertaking either of the owner of the building or the building
administrator that the same will not be leased/rented to any other
person/entity for recruitment purposes without the necessary license
from the POEA;

(c) That the office is shared by a person/entity not involved in illegal

recruitment activities, whether directly or indirectly; or

(d) Any other analogous ground that the POEA may consider as valid
and meritorious.

SECTION 18. Motion to Lift a Closure Order. —

A motion to lift a closure order which has already been implemented may
be entertained only when filed with the Licensing and Regulation Office (LRO)

Copyright 1994-2018 CD Technologies Asia, Inc. Labor and Social Legislation 2017 25
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.

SECTION 19. Who May File Motion to Lift a Closure Order. —

The verified motion to lift closure order may be filed only by the person or
entity against whom the closure order was issued and implemented or a duly
authorized representative.

SECTION 20. Grounds for Lifting a Closure Order. —

Lifting of the closure order may be granted on any of the following

grounds:

(a) The person/entity is later found out or has proven that it is not
involved in illegal recruitment activities, whether directly or
indirectly; or

(b) Any other analogous ground that the POEA may consider as valid
and meritorious.

Lifting of a closure order is without prejudice to the filing of criminal

complaints with the appropriate office against the person alleged to have
conducted illegal recruitment activities.

SECTION 21. Appeal. —

The order of the POEA Administrator denying the motion to lift a closure
order and/or motion to re-open may be appealed to the Secretary of Labor and
Employment within ten (10) days from receipt thereof.

SECTION 22. Monitoring of Establishments. —

The POEA shall monitor establishments that are subject of closure orders.

Where a re-opened office is subsequently confirmed as still being used for

illegal recruitment activities, a new closure order shall be issued which shall not be
subject to a motion to lift.

SECTION 23. Pre-Employment Orientation Seminar (PEOS). —

The POEA shall strengthen its comprehensive Pre-Employment Orientation

Program through the conduct of seminars that will discuss topics such as legal
modes of hiring for overseas employment, rights, responsibilities and obligations

Copyright 1994-2018 CD Technologies Asia, Inc. Labor and Social Legislation 2017 26
of migrant workers, health issues, prevention and modus operandi of illegal
recruitment, and gender sensitivity.

The POEA shall inform migrant workers not only of their rights as workers
but also of their rights as human beings, instruct and guide the workers how to
assert their rights and provide the available mechanism to redress violation of their
rights.

SECTION 24. Partnership with LGUs, Other Government Agencies

and NGOs. —

The POEA shall maintain and strengthen its partnership with LGUs, other
government agencies and NGOs advocating the rights and welfare of OFWs for
the purpose of dissemination of information on all aspects of overseas
employment.

For this purpose, the POEA shall continuously provide the concerned
entities with updated lists of licensed agencies and entities and information
materials such as brochures, pamphlets, posters, as well as recent anti-illegal
recruitment laws and regulations for distribution to their respective constituents.

RULE VII

Money Claims

SECTION 1. Jurisdiction of Labor Arbiters. —

Notwithstanding any provision of law to the contrary, the Labor Arbiters of

the NLRC shall have the original and exclusive jurisdiction to hear and decide,
within ninety (90) calendar days after the filing of the 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.

SECTION 2. Updates in the Global Services Industry. —

Consistent with the mandate in the preceding section, the NLRC shall:

a. Endeavor to update and keep abreast with the developments in the

global services industry; and

b. Participate in international or local conferences involving migration

issues and in relevant overseas missions.

SECTION 3. Joint and Several Liability. —

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 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. ITAaHc

If the recruitment/placement agency is a juridical being, the corporate

officers and directors and partners, as the case may be, shall themselves be jointly
and severally liable with the corporation or partnership for the aforesaid claims
and damages.

Such liabilities shall continue during the entire period or duration of the
employment contract and shall not be affected by any substitution, amendment or
modification of the contract made locally or in a foreign country.

SECTION 4. Compromise Agreement. —

Any compromise, amicable settlement or voluntary agreement on money

claims inclusive of damages under this Rule shall be paid within thirty (30) days
from the approval of the settlement by the appropriate authority, unless a different
period is agreed upon by the parties and approved by the appropriate authority.

SECTION 5. Effect of Illegal Termination and/or Deduction. —

In case of termination of overseas employment without just, valid or

authorized cause as defined by law or contract, or any unauthorized deduction
from the migrant worker's salary, the worker shall be entitled to the full
reimbursement of his placement fee with interest of twelve per cent (12%) per
annum, plus his salaries for the unexpired portion of his employment contract or
three (3) months for every year of the unexpired term, whichever is less.

In case of any unauthorized deduction, the worker shall be entitled to the

refund of the deductions made, with interest of twelve per cent (12%) per annum,
from the date the deduction was made.

SECTION 6. Effect of Final and Executory Judgment. —

In case of final and executory judgment against a foreign

employer/principal, it shall be automatically disqualified, without further
proceedings, from participating in the Philippine Overseas Employment Program
and from recruiting and hiring Filipino workers until and unless it fully satisfies
the judgment award.

For this purpose, the NLRC or any party in interest shall furnish the POEA
Copyright 1994-2018 CD Technologies Asia, Inc. Labor and Social Legislation 2017 28
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.

SECTION 7. Voluntary Arbitration. —

For OFWs with collective bargaining agreements, the case shall be

submitted for voluntary arbitration in accordance with Articles 261 and 262 of the
Labor Code.

RULE VIII

Role of DFA

SECTION 1. Assistance to Nationals as the Third Pillar of Philippine

Foreign Policy. —

Assistance to nationals is the third pillar of 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
Filipino migrants, and provide consular and legal assistance to overseas Filipinos
in distress.

SECTION 2. International, Regional and Bilateral Initiatives to

Protect Overseas Filipino Workers. —

The DFA shall continue to advocate in international and regional 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.

SECTION 3. One Country-Team Approach. —

Under the country-team approach, all officers, representatives and

personnel posted abroad, regardless of their mother agencies shall, on a per
Copyright 1994-2018 CD Technologies Asia, Inc. Labor and Social Legislation 2017 29
country basis, act as one country-team with a mission under the leadership of the
ambassador.

In receiving countries where there are Philippine consulates, such

consulates shall also constitute part of the country-team under the leadership of the
ambassador.

In the implementation of the country-team approach, visiting Philippine

delegations shall be provided full support and information.

SECTION 4. Negotiations of International Agreements. —

The DFA shall be the lead agency that shall advise and assist the President
in planning, organizing, directing, coordinating and evaluating the total national
effort in the field of foreign relations pursuant to the Revised Administrative Code
(Executive Order No. 292).

RULE IX

Legal Assistant for Migrant Workers Affairs

SECTION 1. Function and Responsibilities. —

The Legal Assistant for Migrant 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: CASIEa

(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

Copyright 1994-2018 CD Technologies Asia, Inc. Labor and Social Legislation 2017 30
 procedures, governing its use, disposition and disbursement;

(e) Keep and maintain an information system for migration as provided

in Section 20 of the Act;

(f) Prepare its budget for inclusion in the Department of Foreign

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.

SECTION 2. Qualifications and Authority. —

The Legal Assistant for Migrant Workers Affairs shall be headed by a

lawyer of proven competence in the field of law with at least ten (10) years
experience as a legal practitioner and who must not have been a candidate to an
elective office in the last local or national elections. He/she shall be appointed by
the President of the Philippines. He/she shall have the title, rank, salary, and
privileges of an Undersecretary of Foreign Affairs, and shall head the Office of the
Undersecretary for Migrant Workers' Affairs (OUMWA) of the Department of
Foreign Affairs.

He/She shall have authority to hire private lawyers, domestic or foreign, in

order to assist him/her in the effective discharge of the functions of his/her Office.

SECTION 3. Legal Assistance Fund. —

The Legal Assistance Fund created under the Act shall be used exclusively
to provide legal services for Migrant Workers and Overseas Filipinos in distress in
accordance with approved guidelines, criteria and procedures of the DFA.

It shall be used inter alia for the following specific purposes:

(a) In the absence of a counsel de oficio or court-appointed lawyer,

payment of attorney's fees to foreign lawyers for their services in
representing migrant workers facing criminal and labor cases abroad,
or in filing cases against erring or abusive employers abroad,
provided, that no amount shall be disbursed for the appeal of cases
except when the penalty meted is life imprisonment or death or
under meritorious circumstances as determined by the
Undersecretary for Migrant Workers Affairs;

(b) Bail bonds to secure the temporary release of workers under

detention upon the recommendation of the lawyer and the foreign

Copyright 1994-2018 CD Technologies Asia, Inc. Labor and Social Legislation 2017 31
 service post concerned; and

(c) Court fees, charges and other reasonable litigation expenses when so
recommended by their lawyers. ITHADC

RULE X

Role of DOLE

SECTION 1. On-Site Protection. —

The DOLE shall see to it that labor and social welfare laws in the foreign
countries are fairly applied to migrant workers and whenever applicable, to other
overseas Filipinos, including the grant of legal assistance and the referral to proper
medical centers or hospitals.

SECTION 2. POLO Functions. —

The DOLE overseas operating arm shall be the POLO, which shall have the
following functions and responsibilities:

a. Ensure the promotion and protection of the welfare and interests of

OFWs and assist them in all problems arising out of
employer-employee relationships;

b. Coordinate the DOLE's employment promotion mandate, consistent

with the principles of the Act;

c. Verify employment contracts and other employment-related

documents;

d. Monitor and report to the Secretary of Labor and Employment on

situations and policy developments in the receiving country that may
affect OFWs in particular and Philippine labor policies, in general;

e. Supervise and coordinate the operations of the Migrant Workers and

Other Overseas Filipinos Resource Center; and

f. Such other functions and responsibilities as may be assigned by the

Secretary of Labor and Employment.

A. POEA

SECTION 3. Regulation of Private Sector. —

The POEA shall regulate private sector participation in the recruitment and
overseas placement of workers by setting up a licensing and registration system. It
Copyright 1994-2018 CD Technologies Asia, Inc. Labor and Social Legislation 2017 32
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. IaHDcT

SECTION 4. Hiring Through the POEA. —

The Administration shall recruit and place workers primarily on

government-to-government arrangements. In the recruitment and placement to
service the requirements for trained and competent Filipino workers of foreign
governments and their instrumentalities, and such other employers as public
interests may require, the Administration shall deploy only to countries where the
Philippines has concluded bilateral agreements or arrangements: Provided that
such countries shall guarantee to protect the rights of Filipino migrant workers;
and provided further that such countries shall observe and/or comply with the
international laws and standards for migrant workers.

SECTION 5. Foreign Employers Guarantee Fund. —

For migrant workers recruited by the POEA on a government to

government arrangement, the POEA shall, through relevant guidelines, establish
and administer a Foreign Employers Guarantee Fund which shall be answerable
for the workers' monetary claims arising from breach of contractual obligations.

SECTION 6. Jurisdiction of the POEA. —

The POEA shall exercise original and exclusive jurisdiction to hear and
decide:

(a) all 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.

SECTION 7. Venue. —
Copyright 1994-2018 CD Technologies Asia, Inc. Labor and Social Legislation 2017 33
 Pre-employment/recruitment violation cases may be filed with the POEA
Adjudication Office or at any DOLE/POEA regional office of the place where the
complainant applied or was recruited, at the option of the complainant. The office
where the complaint was first filed shall take cognizance of the case.

Disciplinary action cases and other special cases shall be filed with the
POEA Adjudication Office.

SECTION 8. Who May File. —

Any aggrieved person may file a complaint in writing and under oath for
violation of the Labor Code and the POEA Rules and Regulations and other
issuances.

For this purpose, an aggrieved person is one who is prejudiced by the

commission of a violation or any of the grounds for disciplinary actions provided
in the POEA Rules and Regulations.

However, the Administration, on its own initiative, may conduct

proceedings based on reports of violations or any of the grounds for disciplinary
actions provided in the POEA Rules and Regulations and other issuances on
overseas employment, subject to preliminary evaluation.

SECTION 9. Prescriptive Period. —

All pre-employment/recruitment violation and disciplinary action cases

shall be barred if not commenced or filed with the Administration within three (3)
years after such cause of action accrued.

SECTION 10. Imposition of Administrative Penalty. —

For pre-employment/recruitment violation cases, the Administrator, in the

exercise of adjudicatory power, may impose the penalty of reprimand, suspension,
or cancellation or revocation of license. CIHAED

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.

Copyright 1994-2018 CD Technologies Asia, Inc. Labor and Social Legislation 2017 34
 SECTION 11. Appeal. —

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

SECTION 12. Programs and Services. —

The OWWA shall continue to formulate and implement welfare programs

for overseas Filipino workers and their families in all phases of overseas
employment. It shall also ensure the awareness by the OFWs and their families of
these programs and other related governmental programs.

SECTION 13. Assistance in the Enforcement of Contractual

Obligations. —

In the implementation of OWWA welfare programs and services and in line

with the One-Country Team Approach for on-site services, the Welfare Officer or
in his/her absence, the coordinating officer shall:

1. Provide the Filipino migrant worker and his/her family all the
assistance they may need in the enforcement of contractual
obligations by agencies or entities and/or by their principals; and

2. Make representation and may call on the agencies or entities

concerned to conferences or conciliation meetings for the purpose of
settling the complaints or problems brought to his/her attention. If
there is no final settlement at the jobsite and the worker is repatriated
back to the Philippines, conciliation may continue at the OWWA
Central Office, or in any OWWA Regional Welfare Office.

C. NRCO

SECTION 14. Establishment of the National Reintegration Center for

OFWs. —

The NRCO is hereby created in the Department of Labor and Employment

for returning Filipino migrant workers, which shall provide the mechanism of their
reintegration into Philippine society, serve as a promotion house for their local
employment, and tap their skills and potentials for national development.

The NRCO shall, in coordination with appropriate government and

non-government agencies, serve as a One-Stop Center that shall address the
multi-faceted needs of OFW-returnees and their families.

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 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. HCacTI

The NRCO shall be attached to the Office of the Administrator of OWWA

for supervision and policy guidance.

SECTION 15. Functions of the NRCO. —

The NRCO shall undertake the following:

(a) Develop and support programs and projects for livelihood,

entrepreneurship, savings, investments and financial literacy for
returning Filipino migrant workers and their families in coordination
with relevant stakeholders, service providers and international
organizations;

(b) Coordinate with appropriate stakeholders, service providers and

relevant international organizations for the promotion, development
and the full utilization of overseas Filipino worker returnees and
their potentials;

(c) Institute, in cooperation with other government agencies concerned,

a computer-based information system on returning Filipino migrant
workers which shall be accessible to all local recruitment agencies
and employers, both public and private;

(d) Provide a periodic study and assessment of job opportunities for

returning Filipino migrant workers;

(e) Develop and implement other appropriate programs to promote the

welfare of returning Filipino migrant workers;

(f) Maintain an internet-based communication system for on-line

registration of returning OFWs and interaction with clients, and
maintain and upgrade computer-based service capabilities of the
NRCO;

(g) Develop capacity-building programs for returning overseas Filipino

workers and their families, implementers, service providers, and
stakeholders;

(h) Conduct research for policy recommendations and program

development; and

Copyright 1994-2018 CD Technologies Asia, Inc. Labor and Social Legislation 2017 36
 (i) Undertake other programs and activities as may be determined by
the Secretary of Labor and Employment.

SECTION 16. Formulation of Program. —

The DOLE, OWWA, TESDA, and POEA shall, within sixty (60) days from
effectivity of these Rules, formulate a program that would motivate migrant
workers to plan for productive options such as entry into highly technical jobs or
undertakings, livelihood and entrepreneurial development, better wage
employment, and investment of savings.

D. Migrant Workers and Other Overseas Filipinos Resource Center

SECTION 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 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; aEcDTC

d. Registration of irregular/undocumented workers to bring them

within the purview of the Act;

e. Implementation of DOLE and OWWA Programs;

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 f. Human resource development, such as training and skills upgrading;

g. Gender-sensitive programs and activities to assist particular needs of

migrant workers;

h. Orientation program for returning workers and other migrants;

i. Monitoring of the daily situation, circumstances and activities

affecting migrant workers and other overseas Filipinos;

j. Ensuring that labor and social welfare laws in the receiving country
are fairly applied to migrant workers and other overseas Filipinos;
and

k. Conciliation of disputes arising from employer-employee

relationship, in accordance with this Rule.

SECTION 19. Personnel. —

Each Migrant Workers and Other Overseas Filipinos Resource Center shall
be staffed by Foreign Service personnel, a Labor Attaché and other service
attachés or officers who represent Philippine government agencies abroad.

The following personnel may be assigned to the Center:

a. Psychologists, Social Workers, and a Shari'a or Human Rights

Lawyer, in highly problematic countries as categorized by the DFA
and DOLE and where there is a concentration of Filipino migrant
workers;

b. Individual volunteers and representatives from bona fide

non-government organizations from the receiving countries, if
available and necessary as determined by the Labor Attaché in
consultation with the Chief of Mission;

c. Public Relations Officer or Case Officer conversant, orally and in

writing, with the local language, laws, customs and practices; and/or

d. Legal Officers (POEA/NLRC/DOLE) and such other professionals

deemed necessary by the Secretary of Labor and Employment.

SECTION 20. Administration of the Center. —

The POLO through the Labor Attaché shall supervise and coordinate the
operations of the Migrant Workers and other Overseas Filipinos Resource Center
and shall keep the Chief of Mission informed and updated on all matters affecting
Copyright 1994-2018 CD Technologies Asia, Inc. Labor and Social Legislation 2017 38
it at least quarterly through a written report addressed to the Chief of Mission. ScaCEH

SECTION 21. Round-the Clock Operations. —

The Migrant Workers and other Overseas Filipino Resource Center shall
operate on a 24-hour basis including Saturdays, Sundays and holidays. A
counterpart 24-hour Information and Assistance Center to ensure a continuous
network and coordinative mechanism shall be established at the DFA and the
DOLE/OWWA.

SECTION 22. Budget. —

The establishment, yearly maintenance and operating costs of the Migrant

Workers and other Overseas Filipinos Resource Centers, including the costs of
services and programs not specially funded under the Act, shall be sourced from
the General Appropriations Act (GAA) and shall be included in the annual budget
of the DOLE.

However, the salaries and allowances of overseas personnel shall be

sourced from the respective agencies' budgets.

RULE XI

Role of DOH

SECTION 1. Regulation of Medical Clinics. —

The Department of Health (DOH) shall regulate the activities and

operations of all clinics which conduct medical, physical, optical, dental,
psychological and other similar examinations, hereinafter referred to as health
examinations, on Filipino migrant workers as requirement for their overseas
employment. Pre-Employment Medical Examinations (PEME) for overseas work
applicants shall be performed only in DOH-accredited medical clinics and health
facilities utilizing the standards set forth by DOH. Pursuant to this, the DOH shall
ensure that:

(a) The fees for the health examinations are regulated, regularly
monitored and duly published to ensure that the said fees are
reasonable and not exorbitant. The DOH shall set a minimum and
maximum range of fees for the different examinations to be
conducted, based on a thorough and periodic review of the cost of
health examinations and after consultation with concerned
stakeholders. The applicant-worker shall pay directly to the
DOH-accredited medical clinics or health facilities where the PEME
is to be conducted;

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 (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 hospitals under local government
units shall establish and operate clinics that can serve the health
examination requirements of Filipino migrant workers to provide
them easy access to such clinics all over the country and lessen their
transportation and lodging expenses; and

(f) All DOH-accredited medical clinics, including the DOH-operated

clinics, conducting health examinations for Filipino migrant workers
shall observe the same standard operating procedures and shall
comply with internationally-accepted standards in their operations to
conform with the requirements of receiving countries or of foreign
employers/principals.

SECTION 2. Temporary Disqualification of Foreign Employers. —

Any foreign employer who does not honor the results of valid health
examinations conducted by a DOH-accredited or DOH-operated clinic shall be
temporarily disqualified from participating in the overseas employment program,
pursuant to POEA Rules and Regulations. The temporary disqualification of the
employer may be lifted only upon the latter's unqualified acceptance of the result
of the examination. DICSaH

SECTION 3. Liability of Medical Clinic or Health Facility. —

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 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.

SECTION 4. Liability of Government Personnel for Nonfeasance and

Malfeasance of Their Duties Under the Act. —

Any government official or employee who violates any provision of this

Rule shall be removed or dismissed from service with disqualification to hold any
appointive public office for five (5) years. Such penalty is without prejudice to any
other liability which he/she may have incurred under existing laws, rules or
regulations.

SECTION 5. Issuance of Guidelines. —

Within sixty (60) days from effectivity of these Rules, the DOH shall issue
the pertinent guidelines to implement the provisions of this Rule.

RULE XII

Role of LGUs

SECTION 1. Role in Anti-Illegal Recruitment and the Overseas

Employment Program. —

In the fight against illegal recruitment, the local government units (LGUs)
and the Department of the Interior and Local Government (DILG), in partnership
with the POEA, other concerned government agencies, and non-government
organizations advocating the rights and welfare of OFWs, shall take a proactive
stance by being primarily responsible for the dissemination of information to their
constituents on all aspects of overseas employment. To carry out this task, the
following shall be undertaken by the LGUs:

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
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 appropriate action;

b. Provide a venue for the POEA, other government agencies, NGOs,

and trained LGU personnel to conduct Pre-Employment Orientation
Seminars (PEOS) to their constituents on a regular basis;

c. Establish OFW help desks or kiosks in their localities with the

objective of providing current information to their constituents on all
the processes and aspects of overseas employment. Such desks or
kiosks shall, as far as practicable, be fully computerized and shall be
linked to the database of all concerned government agencies,
particularly the POEA for its updated lists of overseas job orders and
licensed agencies in good standing; 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.

SECTION 2. Obligation to Advance Repatriation Costs. —

Notwithstanding the provisions of Section 37-A of the Act, the primary

responsibility to repatriate entails the obligation on the part of the principal or
agency to advance the repatriation and other attendant costs, including plane fare,
deployment cost of the principal, and immigration fines and penalties, to
immediately repatriate the worker should the need for it arise, without a prior
determination of the cause of the termination of the worker's employment.
However, after the worker has returned to the country, the principal or agency may
recover the cost of repatriation from the worker if the termination of employment
was due solely to his/her fault.

In countries where there is a need to secure an exit visa for the worker's
repatriation, the principal or employer shall be primarily responsible for securing

Copyright 1994-2018 CD Technologies Asia, Inc. Labor and Social Legislation 2017 42
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. aSIAHC

SECTION 3. Repatriation Procedure. —

When a need for repatriation arises and the foreign employer fails to
provide for its cost, the POLO or responsible personnel on-site shall
simultaneously notify OWWA and the POEA of such need. The POEA shall issue
a notice requiring the agency concerned to 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.

SECTION 4. Action on Non-Compliance. —

If the employment agency fails to provide the ticket or PTA within 48

hours from receipt of the notice, the POEA shall suspend the documentary
processing of the agency or impose such sanctions as it may deem necessary.
Upon notice from the POEA, OWWA shall advance the costs of repatriation with
recourse to the agency or principal. The administrative sanction shall not be lifted
until the agency reimburses the OWWA of the cost of repatriation with legal
interest.

If the principal or employer and/or agency fail to secure the exit visa within
a period of fifteen (15) days from receipt of the POEA notice, the POEA shall
suspend the employer or principal from participating in the overseas employment
program, and may impose suspension of documentary processing on the agency, if
warranted.

SECTION 5. Emergency Repatriation. —

The OWWA, in coordination with DFA, and in appropriate situations, with

international agencies, shall undertake the repatriation of workers in cases of war,
epidemic, disasters or calamities, natural or man-made, and other similar events,
Copyright 1994-2018 CD Technologies Asia, Inc. Labor and Social Legislation 2017 43
without prejudice to reimbursement by the responsible principal or agency within
sixty (60) days from notice. In such case, the POEA shall simultaneously identify
and give notice to the agencies concerned.

SECTION 6. Mandatory Repatriation of Underage Migrant Workers.

—

Upon discovery or upon being informed of the presence of migrant workers

whose actual ages fall below the minimum age requirement for overseas
deployment, the responsible officers in the Foreign Service shall without delay
repatriate said workers and advise the DFA through the fastest means of
communication available of such discovery and other relevant information.

In addition to requiring the recruitment/manning agency to pay or

reimburse the costs of repatriation, the POEA shall cancel the license of the
recruitment/manning agency that deployed an underage migrant worker after
notice and hearing and shall impose a fine of not less than Five Hundred Thousand
Pesos (Php500,000.00) but not more than One Million Pesos (Php1,000,000.00).
The POEA shall also order the recruitment/manning agency to refund all fees
pertinent to the processing of papers or documents in the deployment, to the
underage migrant worker or to his parents or guardian in a summary proceeding
conducted.

The refund shall be independent of and in addition to the indemnification

for the damages sustained by the underage migrant worker. The refund shall be
paid within thirty (30) days from the date the POEA is officially informed of the
mandatory repatriation as provided for in the Act.

SECTION 7. Other Cases of Repatriation. —

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

identified, cannot be located or had ceased operations, and the worker is in need
and without means, the OWWA personnel at the jobsite, in coordination with the
DFA, shall cause the repatriation in appropriate cases. All costs attendant to
repatriation borne by the OWWA may be charged to the Emergency Repatriation
Fund provided in the Act, without prejudice to the OWWA requiring the
agency/employer/insurer or the worker to reimburse the cost of repatriation.

SECTION 8. Emergency Repatriation Fund. —

When repatriation becomes immediate and necessary, the OWWA shall

advance the needed costs from the Emergency Repatriation Fund without
prejudice to reimbursement by the deploying agency and/or principal, or the
worker in appropriate cases. Simultaneously, the POEA shall ask the concerned
agency to work towards reimbursement of costs advanced by the OWWA. In cases
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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.

SECTION 9. Prohibition on Bonds and Deposits. —

In no case shall a private recruitment/manning agency require any bond or

cash deposit from the worker to guarantee performance under the contract or
his/her repatriation. EHTSCD

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;

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 n) National Computer Center;

o) National Statistical and Coordination Board;

p) National Statistics Office;

q) Home Development Mutual Fund; and

r) Other government agencies concerned with overseas employment.

SECTION 2. Availability, Accessibility and Linkaging of Computer

Systems. —

Initially, the Inter-Agency Committee shall make available to itself the

information contained in existing data bases/files of its member agencies. The
second phase shall involve linkaging of computer facilities systems in order to
allow the free-flow data exchanges and sharing among concerned agencies.

SECTION 3. Chair and Technical Assistance. —

The Inter-Agency Committee shall be co-chaired by the Department of

Foreign Affairs and the Department of Labor and Employment. The National
Computer Center shall provide the necessary technical assistance and shall set the
appropriate information and communications technology standards to facilitate the
sharing of information among the member agencies. AcDaEH

SECTION 4. Declassification and Sharing of Existing Information. —

The Inter-Agency Committee shall convene to identify existing databases,

which shall be declassified and shared among member agencies. These shared
databases shall initially include, but not be limited to, the following information:

a) Master lists of Filipino migrant workers/overseas Filipinos classified

according to occupation/job category, civil status, by country/state of
destination including visa classification;

b) Inventory of pending legal cases involving Filipino migrant workers

and other Filipino migrant workers and other Filipino nationals,
including those serving prison terms;

c) Master list of departing/arriving Filipinos;

d) Statistical profile on Filipino migrant workers/overseas

Filipinos/tourists;

e) Blacklisted foreigners/undesirable aliens;

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 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.

SECTION 5. Confidentiality of Information. —

Information and data acquired through this shared information system shall
be treated as confidential and shall only be used for official and lawful purposes,
related to the usual functions of the Inter-Agency Committee members, and for
purposes envisioned by the Act.

SECTION 6. Regular Meetings. —

The Inter-Agency Committee shall meet regularly to ensure the immediate

and full implementation of Section 20 of the Act and shall explore the possibility
of setting up a central storage facility for the data on migration. The progress of
the implementation shall be included in the report of the DFA and the DOLE
under Section 33 of the Act. AIDTHC

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.

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 SECTION 7. Secretariat. —

A secretariat, which shall provide administrative and support services to the

Inter-Agency Committee shall be based in the DFA.

SECTION 8. Funds. —

The Philippine Charity Sweepstakes Office shall allocate an initial amount

of P10 Million to carry out the provisions of this Rule. Thereafter, the actual
budget of the Inter-Agency Committee shall be drawn from the General
Appropriations Act in accordance with Section 26 of Republic Act No. 10022.

The E-Government Fund may be tapped for purposes of fund sourcing by

the Inter-Agency Committee.

RULE XV

Migrant Workers Loan Guarantee Fund

SECTION 1. Definitions. —

(a) Pre-Departure Loans — refer to loans granted to departing migrant

workers covered by new contracts to satisfy their pre-departure
requirements such as payments for placement/processing fees,
airplane fare, subsistence allowance, cost of clothing and pocket
money.

(b) Family Assistance Loans — refer to loans granted to currently

employed migrant workers or their eligible dependents/families in
the Philippines to tide them over during emergency situations.

(c) Guarantee Agreement — refers to a contract between the

participating financial institution and OWWA whereby the latter
pledges to pay a loan obtained by a migrant worker from the former
in case the worker defaults.

(d) GFIs — refer to government financial institutions.

SECTION 2. Loan Guarantee Fund. —

The Migrant Workers Loan Guarantee Fund is hereby established:

(a) to prevent any recruiter from taking advantage of workers seeking

employment abroad by expanding the grant of Pre-Departure and
Family Assistance Loans to covered migrant workers;

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 (b) to establish and operate a guarantee system in order to provide
guarantee cover on the pre-departure and family assistance loans of
migrant workers who lack or have insufficient collateral or
securities; and

(c) to ensure the participation of GFIs in extending loan assistance to

needy migrant workers who are to be engaged or is engaged for a
remunerated activity abroad.

SECTION 3. Coverage and Scope. —

All departing migrant workers who need financial assistance to pay or

satisfy their pre-departure expenses may avail of the Pre-Departure Loans.

Currently employed migrant workers or their eligible dependents who need

emergency financing assistance may avail of the Family Assistance Loan.

SECTION 4. Administration of the Fund. —

Pursuant to 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. IcHTAa

SECTION 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.

SECTION 6. Guarantee Agreement. —

No loan shall be considered covered by a guarantee unless a Guarantee

Agreement has been prepared and approved by both the participating financial
institution and the OWWA.

RULE XVI

Compulsory Insurance Coverage for Agency-Hired Workers

SECTION 1. Migrant Workers Covered. —

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 In addition to the performance bond to be filed by the recruitment/manning
agency under Section 10 of the Act, each migrant worker deployed by a
recruitment/manning agency shall be covered by a compulsory insurance policy
which shall be secured at no cost to the said worker.

SECTION 2. Policy Coverage. —

Such insurance policy shall be effective for the duration of the migrant
worker's employment contract and shall cover, at the minimum:

(a) Accidental death, with at least Fifteen Thousand United States

Dollars (US$15,000.00) survivor's benefit payable to the migrant
worker's beneficiaries;

(b) Natural death, with at least Ten Thousand United States Dollars
(US$10,000.00) survivor's benefit payable to the migrant worker's
beneficiaries;

(c) Permanent total disablement, with at least Seven Thousand Five

Hundred United States Dollars (US$7,500) disability benefit payable
to the migrant worker. The following disabilities shall be deemed
permanent: total, complete loss of sight of both eyes; loss of two
limbs at or above the ankles or wrists; permanent complete paralysis
of two limbs; brain injury resulting to incurable imbecility or
insanity;

(d) Repatriation cost of the worker when his/her employment is

terminated by the employer without any valid cause, or by the
employee with just cause, including the transport of his/her personal
belongings. In case of death, the insurance provider shall arrange
and pay for the repatriation or return of the worker's remains. The
insurance provider shall also render any assistance necessary in the
transport, including but not limited to, locating a local and licensed
funeral home, mortuary or direct disposition facility to prepare the
body for transport, completing all documentation, obtaining legal
clearances, procuring consular services, providing death certificates,
purchasing the minimally necessary casket or air transport container,
as well as transporting the remains including retrieval from site of
death and delivery to the receiving funeral home. This provision
shall be without prejudice to the provisions of Rule XIII of these
Rules and Regulations;

(e) Subsistence allowance benefit, with at least One Hundred United

States Dollars (US$100) per month for a maximum of six (6) months
Copyright 1994-2018 CD Technologies Asia, Inc. Labor and Social Legislation 2017 50
 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; cDTaSH

(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.

SECTION 3. Duty to Disclose and Assist. —

It shall be the duty of the recruitment/manning agency, in collaboration

with the insurance provider, to sufficiently explain to the migrant worker, before
his/her departure, and to at least one of his/her beneficiaries the terms and benefits
of the insurance coverage, including the claims procedure.

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 Also, in filing a claim with the insurance provider, it shall be the duty of the
recruitment/manning agency to assist the migrant worker and/or the beneficiary
and to ensure that all information and documents in the custody of the agency
necessary for the claim must be readily accessible to the claimant.

SECTION 4. Qualification of Insurance Companies. —

Only reputable private insurance companies duly registered with the IC,
which are in existence and operational for at least five (5) years, with a net worth
of at least Five Hundred Million Pesos (Php500,000,000.00) to be determined by
the IC, and with a current year certificate of authority shall be qualified to provide
for the worker's insurance coverage. Insurance companies who have directors,
partners, officers, employees or agents with relatives, within the fourth civil
degree of consanguinity or affinity, who work or have interest in any of the
licensed recruitment/manning agencies or in any of the government agencies
involved in the overseas employment program shall be disqualified from providing
this workers' insurance coverage. It shall be the duty of the said directors, partners,
officers, employees or agents to disclose any such interest to the IC and POEA.

SECTION 5. Requirement for Issuance of OEC. —

The recruitment/manning agency shall have the right to choose from any of
the qualified insurance providers the company that will insure the migrant worker
it will deploy. After procuring such insurance policy, the recruitment/manning
agency shall provide an authenticated copy thereof to the migrant worker. It shall
then submit the certificate of insurance coverage of the migrant worker to POEA
as a requirement for the issuance of Overseas Employment Certificate (OEC) to
the migrant worker. In the case of seafarers who are insured under policies issued
by foreign insurance companies, the POEA shall accept certificates or other proofs
of cover from recruitment/manning agencies: Provided, that the minimum
coverage under sub-paragraphs (a) to (i) are included therein. For this purpose,
foreign insurance companies shall include entities providing indemnity cover to
the vessel.

SECTION 6. Notice of Claim. —

Any person having a claim upon the policy issued pursuant to

subparagraphs (a), (b), (c), (d) and (e) of Section 2 of this Rule shall present to the
insurance company concerned a written notice of claim together with pertinent
supporting documents. The insurance company shall forthwith ascertain the truth
and extent of the claim and make payment within ten (10) days from the filing of
the notice of claim.

SECTION 7. Documentary Requirements for Accidental or Natural

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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 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. acSECT

SECTION 8. Documentary Requirement for Repatriation Claim. —

For repatriation under subparagraph (d) of Section 2 of this Rule, a

certification which states the reason/s for the termination of the migrant worker's
employment and the need for his/her repatriation shall be issued by the Philippine
foreign post or the Philippine Overseas Labor Office (POLO) located in the
receiving country. Such certification shall be solely for the purpose of complying
with this section.

SECTION 9. Documentary Requirements for Subsistence Allowance

Benefit Claim. —

For subsistence allowance benefit under sub-paragraph (e) of Section 2 of

this Rule, the concerned Labor Attaché or, in his absence, the embassy or consular
official shall issue a certification which states the title of the case, the names of the
parties and the nature of the cause of action of the migrant worker.

SECTION 10. Settlement of Money Claims. —

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 For the payment of money claims under sub-paragraph (f) of Section 2 of
this Rule, the following rules shall govern:

(1) After a decision has become final and executory or a

settlement/compromise agreement has been reached between the
parties at the NLRC, the Labor Arbiter shall, motu proprio or upon
motion, and following the conduct of pre-execution conference,
issue a writ of execution mandating the respondent
recruitment/manning agency to pay the amount adjudged or agreed
upon within thirty (30) days from receipt thereof;

(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.

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 SECTION 11. Disputes in the Enforcement of Insurance Claims. —

Any question or dispute in the enforcement of any insurance policy issued

under this Rule shall be brought before the IC for mediation or adjudication.

Notwithstanding the preceding paragraph, the NLRC shall have the

exclusive jurisdiction to enforce against the recruitment/manning agency its
decision, resolution or order that has become final and executory or a
settlement/compromise agreement reached between the parties.

SECTION 12. Liability of Recruitment/Manning Agency. —

In case it is shown by substantial evidence before the POEA that the

migrant worker who was deployed by a licensed recruitment/manning agency has
paid for the premium or the cost of the insurance coverage or that the said
insurance coverage was used as basis by the recruitment/manning agency to claim
any additional fee from the migrant worker, the said licensed recruitment/manning
agency shall lose its license and all its directors, partners, proprietors, officers and
employees shall be perpetually disqualified from engaging in the business of
recruitment of overseas workers. Such penalty is without prejudice to any other
liability which such persons may have incurred under existing laws, rules or
regulations. cCHITA

SECTION 13. Foreign Employers Guarantee Fund. —

For migrant workers recruited by the POEA on a

government-to-government arrangement, the POEA Foreign Employers Guarantee
Fund referred to under Section 5, Rule X of these Rules shall be answerable for
the workers' monetary claims arising from breach of contractual obligations.

SECTION 14. Optional Coverage. —

For migrant workers classified as rehires, name hires or direct hires, they
may opt to be covered by this insurance coverage by requesting their foreign
employers to pay for the cost of the insurance coverage or they may pay for the
premium themselves. To protect the rights of these workers, the DOLE and POEA
shall provide them adequate legal assistance, including conciliation and mediation
services, whether at home or abroad.

SECTION 15. Formulation of Implementing Rules and Regulations. —

Within thirty (30) days from the effectivity of these Rules, and pursuant to
Section 37-A of the Act, the IC, as the lead agency, shall, together with DOLE,
NLRC, and POEA, in consultation with the recruitment/manning agencies and
legitimate non-government organizations advocating the rights and welfare of
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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; ASHECD

9. Administrative monitoring and supervision; and

10. Other matters deemed necessary.

Within five (5) days from effectivity of these Rules, the IC shall convene
the inter-agency committee to commence the formulation of the aforesaid
necessary rules and regulations.

SECTION 16. Assessment of Performance of Insurance Providers. —

At the end of every year, the DOLE and the IC shall jointly make an
assessment of the performance of all insurance providers, based upon the report of
NLRC and POEA on their respective interactions and experiences with the
insurance companies, and they shall have the authority to ban or blacklist such
insurance companies which are known to be evasive or not responsive to the
legitimate claims of migrant workers. The DOLE shall include such assessment in
its year-end report to Congress.

SECTION 17. Automatic Review. —

The foregoing provisions on mandatory insurance coverage shall be subject

to automatic review through the Congressional Oversight Committee immediately
after three (3) years from the effectivity of the Act in order to determine its
efficacy in favor of the covered OFWs and the compliance by
recruitment/manning agencies and insurance companies, without prejudice to an
earlier review if necessary and warranted for the purpose of modifying, amending
and/or repealing these subject provisions.

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 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;

(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 CcHDaA

(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
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under subsection (d).

Within thirty (30) days from the submission of the final list referred to
under subsection (e), the President shall select and appoint from the list the
representatives to the POEA/OWWA Governing Boards.

The members shall have a term of three (3) years and shall be eligible for
reappointment for another three (3) years. In case of vacancy, the President shall,
in accordance with the provisions of the Act, appoint a replacement who shall
serve the unexpired term of his/her predecessor.

All other government agencies and government-owned or controlled

corporations which require at least one (1) representative from the overseas
workers sector to their respective boards shall follow all the applicable provisions
of this section, subject to the respective Charters, Implementing Rules and
Regulations, and internal policies of such agencies and corporations.

The existing members of the Governing Boards of POEA and OWWA

representing the women, land-based, or sea-based sectors shall serve the remaining
portion of their three-year terms. Thereafter, their positions shall be deemed
vacant, and the process of selection of their 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.

SECTION 2. Report to Congress. —

In order to inform the Philippine Congress on the implementation of the

policy enunciated in Section 4 of the Act, the DFA and the DOLE shall submit
separately to the said body a semi-annual report of Philippine foreign posts 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;

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 (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.

SECTION 3. Effect on Failure to Report. —

Any officer of the government who has the legal duty to report, yet fails to
submit the aforesaid Report to Congress, without justifiable cause, shall be subject
to an administrative penalty of dismissal from the service with disqualification to
hold any appointive public office for five (5) years.

SECTION 4. Government Fees, Administrative Costs and Taxes. —

All fees for services being charged by any government agency on migrant
workers prevailing at the time of the effectivity of this Rule shall not be increased.
All other services rendered by the DOLE and other government agencies in
connection with the recruitment and placement of and assistance to migrant
workers shall be rendered free. The administrative cost thereof shall not be borne
by the worker.

The migrant worker shall be exempt from the payment of travel tax and
airport fee upon proper showing of the Overseas Employment Certificate (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

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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.

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.

SECTION 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. STADIH

The fund of One Hundred Fifty Million Pesos (P150,000,000.00) shall be

sourced from the proceeds of Lotto draws.

SECTION 6. Creation of the Scholarship Fund Committee. —

There is hereby created a Scholarship Fund Committee to be composed of

representatives from the DOLE, DOST, POEA, OWWA, TESDA and two (2)
representatives of migrant workers to be appointed by the Secretary of Labor and
Employment.

SECTION 7. Functions of the Scholarship Fund Committee. —

(a) To set the coverage, criteria and standards of admission to the

Scholarship Program;

(b) To determine the amount of availment;

(c) To monitor and evaluate the program;

(d) To identify/accredit training and testing institutions; and

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

the Fund.

SECTION 8. Implementing Agency. —

The OWWA shall be the Secretariat of the Scholarship Fund Committee.

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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. EcDTIH

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 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

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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.

SECTION 2. Effectivity of Compulsory Insurance Requirement. —

All OFWs who were issued Overseas Employment Certificates prior to the
effectivity of the necessary rules and regulations referred to under Section 15 of
Rule XVI shall not be covered by the compulsory insurance requirement.

RULE XXI

Final Provisions

SECTION 1. Repealing Clause. —

All Department Orders, Circulars and implementing Rules and Regulations

inconsistent with these Omnibus Rules and Regulations are hereby repealed or
amended accordingly.

SECTION 2. Effectivity. —

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

DONE in the City of Manila, this 8th day of July, 2010.

(SGD.) ALBERTO G. ROMULO

Secretary
Department of Foreign Affairs

(SGD.) ROSALINDA DIMAPILIS-BALDOZ

Secretary
Department of Labor and Employment

(SGD.) ENRIQUE T. ONA

Secretary
Department of Health

(SGD.) GERARDO BENJAMIN C. NOGRALES

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 Chairman
National Labor Relations Commission (NLRC)

(SGD.) VIDA T. CHIONG

Officer-in-Charge
Insurance Commission

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 Endnotes

1 (Popup - Popup)
EO 83-2012

2 (Popup - Popup)
PD 442
PD 442 as amended
RA 8042
RA 9422
RA 10022

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