JOINT MANUAL of OPERATIONS in Providing Assistance to Migrant Workers

7/21/2019 JOINT MANUAL of OPERATIONS in Providing Assistance to Migrant Workers

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JOINT MANUAL OF OPERATIONSIN PROVIDING ASSISTANCE TO MIGRANT WORKERS

AND OTHER FILIPINOS OVERSEAS

TITLE IRATIONALE

SECTION 1. STATE POLICY

It is a declared policy of the State to promote the welfare and well-being and protect

the rights of all Overseas Filipinos. Under Section 2 (a) of Republic Act (RA) 8042, the

Migrant Workers and Overseas Filipinos Act of 1995, as amended by Republic Act (RA)

10022, the State shall, at all times, uphold the dignity of its citizens whether in country or

overseas, in general, and Filipino migrant workers, in particular, continuously monitor

international conventions, adopt/be signatory to and ratify those that guarantee protection toour migrant workers, and endeavor to enter into bilateral agreements with countries hosting

overseas Filipino workers. Section 2 (b) also provides that 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.

To ensure efficient and effective delivery of services to Overseas Filipinos, RA 8042

as amended by RA 10022, mandates that a country team approach be adopted by all

Foreign Service Posts in the conduct of development diplomacy. Under Section 27 of thesaid law, the country team approach, as enunciated under Executive Order No. 74, series of

1993, shall be the mode under which Philippine embassies or their personnel will operate in

the protection of the Filipino migrant workers as well as in the promotion of their welfare. The

protection of the Filipino migrant workers and the promotion of their welfare, in particular,

and the protection of the dignity and fundamental rights and freedoms of the Filipino citizen

abroad, in general, shall be the highest priority concerns of the Secretary of Foreign Affairs

and the Philippine Foreign Service Posts.Section 28 also states that under the country-

team approach, all officers, representatives and personnel of the Philippine government

posted abroad regardless of their mother agencies shall, on a per country basis, act as one

country-team with a mission under the leadership of the Ambassador.

This Joint Manual of Operations in Providing Assistance to Migrant Workers and

Other Filipinos Overseas is promulgated to advance this policy and ensure efficient and

effective delivery of services to Overseas Filipinos, particularly those in distress, who require

prompt and proper assistance at all times.


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TITLE IILEGAL BASES

SECTION 2. INTERNATIONAL LAWS

1. Vienna Convention on Consular Relations (1963);

2. International Convention on the Protection of the Rights of All Migrants Workers

and Members of Their Families; and3. United Nations Convention on the Rights of the Child.

SECTION 3. NATIONAL LAWS AND OTHER ISSUANCES

1. Philippine Foreign Service Act of 1991 (RA 7157);

2. Migrant Workers and Overseas Filipinos Act of 1995 (RA 8042);3. An Act Amending RA 8042 (RA 10022);

4. Anti-Trafficking in Persons Act of 2003 (RA 9208);5. Expanded Anti-Trafficking in Persons Act of 2012 (RA 10364);6. Anti-Red Tape Act of 2007 (RA 9485);

7. Administrative Code of 1987 (EO 292);

8. Executive Order Directing the Adoption of the Country-Team Approach in the

Conduct of Development Diplomacy (EO 74, series of 1993);

9. Executive Order Directing the Deployment/Posting of Social Welfare Attachs

in Selected Diplomatic Posts (EO 287 series of 2004);

10. Executive Order Creating the Overseas Preparedness and Response Team

(EO 34, series of 2011); and

11. POLO Manual of Operations (DOLE AO No. 168, s. 2013).

TITLE IIIDEFINITIONS

SECTION 4. DEFINITION OF TERMS. For purposes of this Manual, the following terms andphrases shall mean:

1. Assistance to Nationals / Assistance to Overseas Filipinos (OF) All forms of

government assistance and protection services to migrant workers and other

Filipinos overseas extended through the Philippine Missions;

2. Center Migrant Workers and Other Overseas Filipinos Resource Center

(MWOFRC);

3. Complex CasesCases/issues/requests involving OFs that usually require the

concerted efforts of the Assistance to Nationals Unit, Philippine Overseas Labor

Office and Social Welfare Attach in the complete resolution of these cases;

4. DFADepartment of Foreign Affairs;


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5. DOHDepartment of Health;

6. DOLEDepartment of Labor and Employment;

7. DOLE-ILABInternational Labor Affairs Bureau of the DOLE;

8. DSWDDepartment of Social Welfare and Development;

9. DSWD-OPGOperations and Programs Group of the DSWD;

10. Evacuation The transfer of Overseas Filipinos In Distress from a place of

danger to a place of greater safety;

11. FPAForeign Placement Agency;

12. Illegal Recruitment The prohibited acts enumerated under Section 6 of RA

8042 as amended by RA 10022;

13. InterventionActions undertaken by the Philippine Mission within the bounds

of the laws of the host country and of the Vienna Conventions, in coordination

with local law enforcement authorities, that aim to mitigate the threat of grave

physical harm to Overseas Filipinos In Distress;

14. Irregular/Undocumented Filipino Migrant WorkersAny of the following, as per

Section 1 (u), Rule II of the Omnibus Rules and Regulations Implementing theMigrant Workers and Overseas Filipinos Act of 1995, as amended by RA

10022:

- Those who acquired their passports through fraud or misrepresentation;

- Those who possess expired visa or permits to stay;

- Those who have no travel document whatsoever;

- Those who have valid but inappropriate visa; and

- Those whose employment contracts were not processed by the Philippine

Overseas Employment Administration (POEA) or subsequently verified

and registered on-site by the Philippine Overseas Labor Office (POLO), if

required by law or regulation.

It also refers to those who are employed through means that do not conform to

the host country and Philippine labor and immigration laws;

15. One Country Team/One Country Team Approach The Government approach

whereby the representatives of the various Departments and agencies abroad

act together under the leadership of the Head of Post;

16. OUMWAOffice of the Undersecretary for Migrant Workers Affairs of the DFA;


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17. Overseas Filipino Worker or Migrant Worker 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. [Section 3 (a) of R.A. 8042, as

amended by R.A. 10022];

18. Overseas Filipinos All Filipino nationals and their dependents abroad,

including those who have retained or reacquired their Philippine citizenship;

19. Overseas Filipino In DistressAn Overseas Filipino, regardless of immigration

status, who has a medical, psychosocial or legal problem requiring treatment,

hospitalization, counseling, legal or any other kind of assistance in the country

where he or she is found;

20. OPRTOverseas Preparedness and Response Team;

21. OWWAOverseas Workers Welfare Administration;

22. OWWA-OOCS The Overseas Operations Coordination Service of the

OWWA;

23. Pandemics an epidemic occurring worldwide, or over a very wide area,

crossing international boundaries, and usually affecting a large number of

people;

24. PhilHealthPhilippine Health Insurance Corporation;

25. POEAPhilippine Overseas Employment Administration;

26. PRAPhilippine Recruitment Agency;

27. Private Rights Compensationthe compensation paid as a result of a crime or

accident, in accordance with Shariah (Islamic Law);

28. Regular/Documented Filipino Migrant Workers Those whose contracts of

employment have been processed by the POEA, or subsequently verified and

registered on-site by the POLO upon acquisition of work visa/authorization;

29. RepatriationThe return of an Overseas Filipino In Distress to the Philippines

in safety and dignity;

30. Trafficking in PersonsThe acts enumerated in the Expanded Anti-Trafficking

in Persons Act of 2012 (RA 10364);

31. URAF Unified Request for Assistance Form, The uniform intake sheet used

by all Philippine Missions to document requests for assistance from clients; and


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32. Wards Overseas Filipinos who are admitted to the Migrant Workers and Other

Overseas Filipinos Resource Center for temporary shelter.

TITLE IVGENERAL POLICIES

SECTION 5. MANPOWER COMPLEMENT

1. Assistance-to-Nationals Unit (ATNU)

a. The ATNU at the Foreign Service Post (Post) should be headed by a Consul

or Vice Consul who is designated as the Head of ATN by the Head of Post.

The ATNU is under the direct supervision of the Head of Post.

b. In cases where no Consul or Vice Consul is available to assume the position,

a competent senior staff officer (Foreign Service Staff Officer) may be

designated as Head of the ATNU.

c. The Head of ATNU is assisted by a Vice Consul, when applicable, or attachs

designated as ATN Officers, other staff officers and employees.

d. The Department of Foreign Affairs should ensure that Foreign Service Posts

have an adequate complement of Foreign Service officers, case officers,

translators/interpreters and locally-hired employees to man the ATNU toensure that case management efforts are at an optimum and sustainable

level.

2. Philippine Overseas Labor Office (POLO)

a. The POLO should be headed by either a Labor Attach II or a Labor Attach I

designated as the Head of POLO by the Secretary of the Department of

Labor and Employment (DOLE).

b. The Head of POLO is assisted by a Labor Attach I, when applicable, a

Welfare Officer, Technical Support Staff, Administrative Staff, and local hires

such as interpreters and drivers.

c. In case of absence or incapacity of the Head of POLO, the next ranking

officer shall act as the Officer-in-Charge of the POLO until the Secretary

designates a regular or acting Head of POLO. In cases where the next

ranking officer is an Administrative Staff (AS), s/he shall act as OIC, in so far

as administrative matters are concerned. No verification function and

disbursement of funds shall be undertaken by the AS, unless written

authorization is issued by the Secretary.


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d. The DOLE shall ensure that there is an adequate complement of officers,

staff, and locally-hired personnel to man the POLO to ensure that case

management efforts are at an optimum and sustainable level.

3. Social Service Office (SSO)

a. The SSO is managed and manned by a Social Welfare Attach (SWATT) or

Social Service Attach (SSA) and an Administrative Assistant (AA) from the

Department of Social Work and Development (DSWD). For posts without an

established SSO yet, the regular SWATT/SSA in the next nearest post shall

extend the basic social services and interventions of the SSO for overseas

Filipinos.

SECTION 6. SERVICES TO OVERSEAS FILIPINOS

1. Basic Assistance to Nationals (ATN) Services (DFA)

a. Repatriation, particularly of irregular/undocumented Overseas Filipinos;

b. Shipment of remains and personal belongings;

c. Blood Money Negotiations;

d. Verification of whereabouts and condition;

e. Assistance in criminal cases;

f. Assistance in immigration cases;

g. Assistance to victims of Illegal Recruitment and Trafficking in Persons;

h. Assistance to kidnapping and hostage victims;

i. Prison and hospital visitation, court hearings, and consular mission; and

j. Other types of necessary services, as determined by the Head of Post or

Head of Office.

2. Legal Services (DFA)

1. Assistance to detained and/or convicted OFWs, as may be appropriate;

2. Provision of services of lawyer/counsel; and

3. Basic information to walk-in clients on the host countrys laws, and criminal

and legal procedures.

3. Labor Services (DOLE/OWWA)

a. Assistance in employment-related complaints;

b. Welfare Assistance to include medical referrals, non-performance of family

obligations, ascertaining whereabouts, runaways, and other similar

grievances;

c. Repatriation, particularly of documented Overseas Filipino Workers;

d. Legal assistance, as applicable;

e. Death benefits, End-of-Service Benefits, and Insurance and other benefits

arising from the employer-employee relationship; and


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f. Counseling on nonperformance of family obligations.

4. Social Welfare Services (DSWD)

a. Psycho-social services

- Counseling;

- Psycho-social processing (PSP);

-Stress Debriefing;

- Value Inculcation/Emotional Healing;

- Play Therapy; and

- Pre-Marriage and Marriage Counseling.

b. Assistance to Individuals In Crisis Situations (AICS), particularly the

irregular/undocumented overseas workers:

-Food Assistance;

- Clothing Assistance;

- Provision of Hygiene Supplies;

- Transportation Assistance;

- Local Transportation Assistance; and

-Medical Assistance.

c. Capability-Building Activities;

d. Alternative Parental Care Services (adoption, foster care, legalguardianship);

e. Referral Services to concerned agency of host government, non-

government organizations, or other individuals/groups; and

f. Social Protection Services for Women and Children in Need of Special

Protection (CNSP), and other vulnerable groups.

5. Health Services (DOH/PhilHealth)

a. Medical services coordination; and

b. Medical Missions, as necessary

SECTION 7. OTHER SERVICES TO OVERSEAS FILIPINOS. The following onsite servicesare also available to the clients, as needed:

1. Passport Application/Renewal/Extension;

2. Authentication of Documents, Attestation and Notary Services;

3. Marriage Application and Solemnization;

4. Report of Birth, Report of Marriage, Report of Death;

5. Issuance of Travel Documents;


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6. Labor Documentation;

7. Issuance of Overseas Employment Certificates (OEC);

8. OWWA Membership Enrolment/Renewal; and

9. Information and education such as post-arrival orientation.

SECTION 8. JOINT ASSISTANCE DESK (JAD)

A Joint Assistance Desk (JAD), which shall act as a centralized clearance and referral team

shall be established at Post.

It shall be composed of representatives from the ATN Unit, and POLO. The JAD shall be

under the direct supervision of the Head of Post or his/her authorized representative, and

shall have the following functions:

1. Assist walk-in Overseas Filipinos In Distress or their Next-of-Kin (NOK) in

documenting their requests for assistance/cases and endorse the same to theconcerned officer;

2. Encode all cases received in the shared database system on a daily basis;

3. Manage and maintain the shared database system;

4. Follow-up the status of cases endorsed to case officers; and

5. Prepare and submit inventory of cases and actions taken to the Head of Post on

a weekly basis.

In cases where the Embassy and POLO are holding separate offices, the Embassy and

POLO focal personnel shall closely coordinate with each other and share data on cases

handled.

SECTION 9. JOINT CASE MANAGEMENT TEAM (JCMT)

A Joint Case Management Team (JCMT) shall be established at Post, which shall act as a

collegial body. It shall be composed of the following:

Team Leader: Consul General or Second-ranking officer

Co-Team Leader: Head of POLO

Members: Head of ATNU

Social Welfare Attach

Assistant Labor Attach

Welfare Officer

The JCMT shall be directly under the supervision of the Head of Post, and shall have the

following functions:


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1. Supervise/monitor the management of requests for assistance, cases and

issues brought to its attention. Corollary to this, it shall identify the unit that shall

be on top of the case, and which unit shall be responsible for providing regular

and timely updates to the client. The JCMT shall prepare for the Head of Post

consolidated reports of all cases based on updates/reports from ATNU, POLO

and SSO, for onward transmittal to DFA-OUMWA, DOLE-ILAB, OWWA-OOCS

and DSWD-OPG;

2. Ensure regular conduct of prison/detention center visits, hospital visits and

consular missions, as well as attendance to court hearings, as required and as

authorized by the host country. Corollary to this, it shall determine the

composition of the inter-agency team for each activity. It shall prepare post-

activity report for the Head of Post for onward transmittal to DFA-OUMWA,

DOLE-ILAB, OWWA-OOCS and DSWD-OPG;

3. In consultation with the Head of Post, undertake intervention activities to assistan OFW whose life is in danger, subject to the host countrys laws and

regulations, and in coordination with concerned authorities. For this purpose,

the JCMT shall endeavor to establish contacts and liaise with local authorities

and support organizations for information gathering and cooperative

relationships. It shall prepare a post-activity report for the Head of Post for

onward transmittal to DFA-OUMWA, DOLE-ILAB, OWWA-OOCS and DSWD-

OPG;

4. Supervise/monitor cases involving trafficking in persons, illegal recruitment, and

criminal cases involving capital punishment; and

5. Serve as a venue for consultative assessment of cases handled for

inputs/recommendations to policy formulation.

The JCMT shall meet regularly to discuss all matters brought to its attention, provided there

is a quorum. It may conduct special meetings, as the need arises.

SECTION 10. SHARED DATABASE SYSTEM

A shared database system shall be developed and maintained jointly by DFA, DOLE, andDSWD to include all data as prescribed in the Unified Request for Assistance Form (URAF).

The JAD shall be responsible in encoding the cases received, including pertinent information

and initial actions taken. However, the Case Officers from ATNU, POLO, and SSO shall

have access to the shared database system for the purpose of updating the status of the

cases. The JAD shall also encode and process information indicated in the prescribed

Prison Visit Form (PVF).

In order to protect the confidentiality of cases, the ATNU, POLO, and the SSO shall maintain

individual files, which will reflect the actions taken in the resolution of each case handled.


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These offices shall identify what cases shall be considered confidential for case and

database management.

TITLE VBASIC RULES AND PROCEDURES IN PROVIDING ASSISTANCE

To ensure delivery of prompt and efficient assistance and services to Overseas Filipinos in

Distress, the following rules and procedures shall be observed at Post:

SECTION 11. RECEIVING REQUESTS FOR ASSISTANCE

The procedure starts upon receipt of Request for Assistance (RA) from any of the following

clients/requesting party:

1. Overseas Filipinos In Distress;

2. Next-of-kin (NOK) of Overseas Filipino In Distress;3. DFA-OUMWA, DOLE, OWWA, DSWD, and other government offices, including

the Presidential Action Center and the Office of the Vice President;

4. Non-government organizations (NGOs), Civil Society Organizations (CSOs)

and the like;

5. Media; and

6. Other concerned parties.

All RAs shall be filed using the Unified Request for Assistance Form (URAF), indicating the

type of assistance requested and other pertinent information.

RAs filed either at the DFA-OUMWA, DOLE, OWWA, POEA, or DSWD shall be immediately

referred to the concerned Post for appropriate action.

For RAs emanating from phone calls, SMS (text), mails, emails or referrals, and received

directly at Post, the onsite personnel, who received the RA, shall act with dispatch by

accomplishing the URAF and endorsing it to the JAD for appropriate action. Post shall

acknowledge the receipt of RAs within 48 hours upon receipt.

In line with the provision stated in Paragraph b (1), Section 8 of Republic Act 9485,

otherwise known as the Anti-Red Tape Act of 2007, all RAs shall be acted upon by Post and

reported to Head Office (DFA-OUMWA, DOLE, OWWA, POEA or DSWD) and other

concerned parties not longer than five (5) working days in case of simple transactions, and

not longer than ten (10) working days in the case of complex transactions from the date the

request for assistance was received.

SECTION 12. INITIAL ASSESSMENT BY THE JAD. The JAD shall:

1. Validate the accuracy and completeness of the information in the URAF, and

ensure that the client, if walk-in, signed the URAF;


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2. Conduct an initial interview and ascertain the clients immediate needs, for

walk-in cases; and

3. Provide a general assessment of the RA, as to its nature.

SECTION 13. REFERRAL TO CONCERNED OFFICE/S

The JAD shall refer the RA to the concerned office/s based on the nature of assistance/

services needed.

1. All RAs involving criminal/potential criminal cases, and those falling under Basic

ATN and Legal Services of this Manual shall be endorsed to the ATNU.

2. If the RA is purely employmentrelated or falls under the Labor Services of this

Manual, it shall be referred to POLO.

3. If the RA requires psychosocial intervention or services that fall under Social

Welfare Services of this Manual, the case shall be referred to the SWATT/SSA.

4. If the RA is deemed to have a complex case/issue/request, it shall be referred

to the JCMT, which shall immediately conduct a case conference to determine

actions/interventions on the case.

5. Whenever the JAD receives information on a Filipino victim of trafficking in

persons, it shall refer the same to the ATNU/Police Attach for information

verification and additional data gathering.

SECTION 14. ENCODING OF RAs

The JAD shall, at the end of each day, encode into the shared database system all RAs

received, including a brief summary of actions taken.

SECTION 15. BASIC STEPS IN CASE HANDLING AND MANAGEMENT

Upon referral by the JAD, the concerned office shall:

1. Review the nature of the RA based on the information provided by the client in

the URAF, and assess her/his immediate need and desired relief;

2. Interview the client to validate the assistance needed;

3. As needed, request the client to execute a Sworn Statement (Sinumpaang

Salaysay)detailing her/his concerns and grievances:

- The client shall be assisted if, for any reason, she/he is not capable of making

her/his own affidavit;


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- The affidavit shall be made in a language known to the person, shall be read

to her/him in the presence of a witness before she/he signs the affidavit;

- The concerned officer shall ensure that the client understands the contents of

the affidavit and that she/he signs it voluntarily and knowingly;

4. For phoned-in, mailed, or referred RAs, validate the RA by contacting the

concerned persons, third parties and relevant local authorities;

5. Request the client to provide additional documents that may be required to

facilitate the RA, if necessary;

6. Explain to the client the actions to be undertaken by Post on the request,

including possible options and remedies available in response to her/his

request, and take the necessary action peculiar to the nature of the RA; and

7. If upon assessment of the concerned officer, client is in need of psychosocial or

other social welfare assistance, she/he may be referred to the SWATT/SSA,

who shall be provided with a photocopy of the Sinumpaang Salaysay (Sworn

Statement)of the client.

SECTION 16. FURTHER STEPS IN CASE HANDLING AND MANAGEMENT

Based on the nature of the RA, the concerned office shall undertake further actions, as may

be warranted.

1. ATN and Legal Cases by the ATNU

a. Make representations and coordinate with concerned local authorities to

address the issue;

b. With respect to legal cases against Overseas Filipino In Distress, verify the

nature of the case, place of detention, and case status;

c. Promptly report to the DFA-OUMWA and other concerned parties the

actions taken and updates on the case;

d. Recommend appropriate action to DFA-OUMWA who shall:

d.1. Inform the client or NOK of report/updates from the Foreign Service

Post;

d.2. Act on Posts recommendation;

d.3. Coordinate with other agencies/offices, as necessary depending on

the recommendations of Post; and

d.4. Request further actions from Post, as may be required.

e. Request for funding, if necessary


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e.1. Assistance-to-Nationals (ATN) Fund

When assistance to Overseas Filipinos In Distress, particularly

irregular/undocumented workers, necessitates funding, Post shall

request authority from DFA-OUMWA to extend assistance chargeableagainst the Assistance-to-Nationals (ATN) Fund, provided, that

concerned Post shall certify that all other available remedies, including

possible sources of funding, have been exhausted. A POLO certificate

that the irregular/undocumented worker in distress is a non-OWWA

member shall also be attached by Post to its request for ATN fund.

DFA-OUMWA shall make the appropriate endorsement of Posts

request to the Office of Financial Management Services (DFA-OFMS).

All requests shall be subject to existing rules and regulations,

particularly DFA Memorandum Circular No. 01-08 dated 10 January2008, and Memorandum Circular No. 01-08-A dated 01 February

2011, and to subsequent issuances of the DFA on the matter.

In all cases, the assistance from relatives and other private persons

shall be determined/explored, particularly in the case of

irregular/undocumented workers, prior to availing of the ATN Fund.

Assistance to legally-documented Filipino workers in distress requiring

funds shall be referred to the POLO. In Posts where there is no

POLO, Posts may advance the funds for the documented Filipinoworkers, upon proper coordination with DOLE/OWWA, subject to its

reimbursement.

e.2. Legal Assistance Fund (LAF)

The Legal Assistance Fund, created by virtue of RA 8042, as

amended by RA 10022, may be availed of by any distressed

Overseas Filipino, whether documented or not, who is unable to

engage the services of private counsel, and who is in a country where

there is no system of legal aid and public defenders, or where there is

no access to counsel de officio, or any lawyer provided by the foreign

host government.

The expenditures to be charged against the Fund shall include the

lawyers fees, costs for filing of cases against erring or abusive

employers abroad, bail bonds to secure the temporary release of

workers under detention, court fees, and other litigation expenses.

The utilization and disbursements of LAF shall be in accordance with

DFA Memorandum Circular No. 07-13, dated 15 April 2013, Revised


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Guidelines on the Utilization and Disbursement of the Legal

Assistance Fund, or subsequent issuances of the DFA on the matter.

To facilitate the approval of the fund request, Post shall ensure

submission to DFA-OUMWA of at least three (3) quotations from

reputable lawyers or law firms, as well as adequate supportingdocuments that would justify the amount requested.

In order to afford equal protection of the laws, considering the finite

nature of the fund and the number of Filipinos overseas,

disbursements of the LAF shall be capped for every applicant in the

amounts fixed in DFA Memorandum Circular No. 07-13, or in

subsequent issuances by the DFA on the matter.

The LAF shall not be used to cover payments for amicable settlement

of cases, and for blood money, damages, or other forms ofcompensation, attorneys fees, cost of suits, or fines ordered by court,

agency or tribunal to be paid by an overseas Filipino as penalty, or to

make restitution for his unlawful acts, or for debts he has incurred, or

guaranteed.

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.

2. Trafficking in Persons / Illegal Recruitment

The ATNU shall assess, determine, and implement the appropriate course of

action, to include the following:

a. Ascertain the condition of the victim, and ensure that her/his human rights

are respected;

b. Undertake intervention activities, in coordination with local law enforcement

authorities, to remove the victim from the traffickers custody, as needed;

c. Secure custody of the victim, if local laws permit, and make representations

to prevent the victim from being treated as a criminal or being exposed to

further suffering or danger;

d. In Posts where the host government takes custody of the victim, undertake

representations for Post to be allowed to visit her/him and provide legal

assistance, if necessary;


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e. Develop partnerships, as appropriate, with the Filipino community, civil

society organizations or the host government to provide aid and social

services to the victim;

f. Coordinate with the POLO, SWATT/SSA and the Police Attach, if present

at Post, in the implementation of the action/intervention plan;

g. Request DFA-OUMWA for the use of Legal Assistance Fund to provide a

lawyer and other legal services to the victim for the prosecution of traffickers

in the host country, or to assist the victim in applying for social benefits, as

allowed by the host government;

h. Facilitate repatriation upon request of the victim. If victim is below 18 years

old, immediate repatriation is mandatory;

i. Prior to repatriation of the victim, forward all necessary documents andavailable security information on the trafficked person using the prescribed

forms adopted by the Inter-Agency Council Against Trafficking in Persons

(IACAT) to DFA-OUMWA for onward transmittal to IACAT. DFA-OUMWA

shall request the IACAT Task Force and other relevant agencies (DSWD,

DOLE, DOJ, NBI, etc.) to meet the victim upon arrival to assist her/him in

the prosecution of traffickers, and for the provision of social and other

services for the victims reintegration;

j. Orient the trafficked person on all the steps regarding departure,

transportation, and arrival assistance, such as:

j.1. Departure, transit, and arrival procedures from country of destination

to country of origin;

j.2. Transportation arrangement both in country of destination/origin;

j.3. Name, address, and contact numbers of focal persons (receiving

agency) or individuals to receive him/her at the airport/seaport; and

j.4. Name, address, and contact numbers of temporary shelter, housing,

or institution for accommodation upon arrival, if indicated.

k. Report to the JCMT actions taken and updates on the cases handled.

3. Rescue Operations

Post shall undertake relief and rescue operations to assist an OFW whose life

is in danger, upon reasonable verification of the OFWs situation and subject to

host country regulations. For this purpose, Post shall endeavor to establish

contacts and liaison with local authorities and support groups for information

gathering and cooperative relationships.


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4. Private Rights Cases

In cases where the OFW is facing a lawsuit as the accused or defendant, and

required to pay a claim against the private rights (blood money) of the victims

family, the primary responsibility for raising blood money compensation rests onthe family of the accused. The concerned Post, through the ATNU, and DFA-

OUMWA shall assist in the negotiations between the family of the accused and

the victims heirs on theamount of blood money to be paid.

The agreed amount shall be made in writing and shall be forwarded to the

appropriate ShariahCourt handling the case.

In cases where the OFW is the victim, and her/his family is demanding a private

rights claim from the accused or defendant, Post may provide assistance in

legal proceedings and facilitate the necessary documentation.

If the accused and the victim are both Filipinos, the DFA and Post shall extend

necessary assistance to facilitate in arriving at an amicable settlement.

5. Prison Visits

The ATN Officer shall exert best efforts to acquire updates on the status of

cases of Filipino detainees, and send reports on the progress of cases to DFA-

OUMWA for information of NOKs and other concerned parties.

The ATN officer, with the POLO officer and SWATT/SSA, shall, as a team,

conduct prison visits. Detainees shall be requested to accomplish the

prescribed Prison Visit Form (PVF), as may be allowed by jail authorities.

6. Temporary Shelter

If the Overseas Filipino In Distress needs temporary shelter, the JAD shall

endorse the case to the POLO for the latter to facilitate her/his accommodation

at the Center or alternative accommodation, in accordance with RA 8042, as

amended by RA 10022, DOLE AO 168, series of 2013, DOLE AO 262 & AO

262-A, series of 2013.

In Posts where there is no Center or in cases where the Overseas Filipino In

Distress, male or female, may not be accommodated thereat, JAD shall

endorse the case to POLO and/or ATNU, to seek the help of host government,

NGOs, CSOs religious groups, Filipino community leaders/members, or other

support organizations, subject to the laws of the host country.

Similarly, in Posts where there is no POLO, Post may seek the help of host

government, NGOs, religious organizations or Filipino community

leaders/members subject to the laws of the host country, or, in the absence of


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such remedies, secure appropriate accommodations for the OFW chargeable

against the ATN fund.

7. Household Service Workers (HSWs) and Other Vulnerable Workers

7.1. In cases of contract violation

Whenever requests for assistance are received, POLO shall respond with

dispatch. Addressing the complaint shall preferably be done in

coordination with the host countrys competent authority.

POLO shall provide right information and proper guidance, through

counseling, at the initial contact with the worker, particularly in handling

grievances from work and/or cultural adjustments. POLO shall ensure

that the worker is informed of her/his rights and options available in the

resolution of her/his complaint/problem.

POLO shall make representation and may call on the employer, agencies,

or entities concerned to conciliation meetings/proceedings, for the

purpose of settling the complaints or problems brought to its attention.

When a resolution is reached, the Case Officer may assist the parties in

drawing up a settlement agreement which shall be signed by the parties

and attested to by the Welfare Officer or the Labor Attach.

When initial conciliation/negotiation with the employer fails, POLO shallask the FPA and PRA to cooperate in getting the employer to honor

her/his obligation under the employment contract. It shall remind the FPA

and PRA of their joint and solidary obligation to settle the case.

If the FPA fails to cooperate in the resolution of the case, POLO shall

submit a detailed report, and recommend to the POEA the disqualification

of the employer and FPA from the Overseas Employment Program (OEP),

and the suspension of license or suspension of documentary processing

of the PRA. The detailed report shall include sworn statements and other

relevant documents. Written interrogatories may subsequently be

required from the complainant. The sworn statement/complaint must be

made in writing by the complainant, under oath, and must contain the

names and addresses of the complainant, as well as the respondents,

specific acts or omissions constituting the alleged offense, place and date

where the offense was committed, and the relief being sought. All

supporting documents must be attached to the complaint whenever

possible.

POLO may defer action on the verification of recruitment documents, until

the cause for such deferment has been satisfactorily addressed.


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POLO shall continue to exhaust all available remedies to amicably resolve

the issues/complaints. But in the event that conciliation may no longer be

possible and the worker decides to pursue her/his case onsite, POLO

shall advise the worker on the rules, requirements and procedures in the

host country. It shall assist the worker in filing the case at the appropriate

agency and shall continue to render assistance and monitor the case untilits final resolution.

In cases where there is an absconding complaint filed by the employer

against the worker, POLO shall make representations with the local

authorities, on behalf of the worker, such as the Immigration Office, when

the workers immediate presentation or personal appearance is legally

required for the resolution of the complaint/case.

In cases where the worker can no longer legally stay in the host country

during the pendency of the case, or opts to return to the country beforethe resolution of the case, the worker may be required to execute a

Special Power of Attorney authorizing the Post to pursue her/his claims,

where such authorization or substitution is allowed under the laws of the

host country.

During the pendency of the case, POLO shall require the insurance

company thru the PRA to provide the appropriate benefits due to the

worker in accordance with the provisions of RA 10022.

In case the worker requests transfer to another employer, and such isallowed or permitted by the law of the host country, POLO shall provide

the necessary assistance.

If POLO sees the need to provide psychosocial intervention, such as

stress debriefing and counseling, it may request the assistance of the

SWATT/SSA.

7.2. Medical Treatment

POLO shall provide referral assistance for the medical treatment of

physically or mentally-ill workers. If the worker left the accommodation/

employers residence, and is under POLOs custody, POLO shall require

the cooperation of the FPA/PRA in addressing the medical needs of the

worker, as part of its obligation under the joint and several liability rule.

In case of need for hospitalization, POLO shall refer the worker to an

appropriate hospital or medical institution. For emergency cases, POLO

shall call the host governments emergency assistance, if available.

If the client needs continuing medical treatment/hospitalization or

specialized medical equipment, POLO shall request the employer/FPA to


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shoulder the medical expenses, as the case may be. If the financial

support is not provided, POLO shall link up with other networks and other

sources for assistance. POLO shall notify directly the NOK regarding the

condition of the worker, or through the OWWA Central Office/ Regional

Office.

If the client needs surgical operation, a medical certificate attesting to the

need to undergo such shall be secured from the attending physician and

the NOK shall be notified. A written permission from the NOK allowing the

performance of the surgery shall be secured. In emergency cases that

require immediate operation, the doctors judgment call or decision shall

prevail.

The POLO, through the Welfare Officer, shall closely monitor the workers

condition.

If it is necessary to file a case based on the medical findings, the POLO

shall coordinate with the ATN officer who shall then report to the police

authority.

The POLO shall monitor the case/condition of the client and provide

regular report to ILAB/POEA/OWWA.

7.3. Confined OFW

Upon receipt of information that a Filipino worker has been admitted to ahospital, the POLO shall call the hospital immediately to inquire about

the patients condition.

The POLO shall visit the worker in the hospital at the earliest opportunity

and thereafter monitor the patients health condition.

The POLO shall coordinate with the workers NOK on-site or in the

Philippines to report/provide update on the condition of the worker.

If worker is abandoned by employer, the POLO shall inform the Foreign

Placement Agency (FPA) or the Philippine Recruitment Agency (PRA)

about the condition of the worker.

If hospitalization requires intervention of Philippine Embassy/Consulate,

the POLO shall inform the ATN officer and/or the Head of Mission at

once

8. Social Welfare Intervention

The SWATT/SSA, after undertaking initial action on the RA pursuant to Section

15 of this Manual, shall:


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a. Conduct an interview and assessment to determine the clients needs;

b. Provide psychosocial intervention such as counseling, stress debriefing,

values formation/healing sessions;

c. Provide appropriate social welfare services based on the assessed needs in

coordination with concerned members of the country team;

d. In cases where the ATN and POLO need augmentation support, the

SWATT/SSA may also provide the following assistance to individuals in

crisis situation on a case to case basis:

d.1. Immediate provision of food, clothing and toiletries;

d.2. Local transportation assistance;

d.3. Transportation assistance for repatriation, especially repatriation ofundocumented Filipino children, including children born out of

wedlock; and

d.4 Medical assistance.

e. Assist in the conduct of marriage and pre-marriage counseling in

accordance with Article 16 of the Family Code, and as may be instructed by

the Head of Post;

f. Arrange alternative parental care placement/repatriation of abandoned, or

neglected Filipino children, as necessary;

g. Conduct activities responsive to the needs of OFs in distress; and

h. If upon assessment of the SWATT/SSA, client is in further need of POLO

and ATN services, she/he may refer the case to the concerned offices

providing a copy of the Sinumpaang Salaysay.

9. Repatriation

The repatriation of migrant workers and Overseas Filipino in Distress shall be

made with utmost consideration for their safety and well-being, guided by

existing Philippine laws and regulations, and taking into account relevant rules

and policies of the host government.

A. General Guidelines and Policies

1. Repatriation of Regular / Documented Workers

1.1. Primary Responsibility for Repatriation. The repatriation of an

OFW or her/his remains, and the transport of her/his personal


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effects shall be the primary responsibility of the principal,

employer, or local agency that deployed the worker abroad.

1.2. Responsibility for Repatriation Costs. Notwithstanding the

provision for repatriation covered by the compulsory insurance

provisions of R.A. No. 10022, the primary responsibility torepatriate 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, without a prior determination of

the cause of the termination of the workers employment.

However, after the worker has returned to the country, the

principal or local agency may recover the cost of repatriation

from the worker, if the termination of employment was due solely

to the workers fault.

In case of failure of the employer and/or agency to provide for

the repatriation expenses, the repatriation of active OWWA

members, upon notice from POEA, shall be advanced by

OWWA from its repatriation funds, without prejudice to

reimbursement by the Philippine Recruitment Agency (PRA).

The administrative sanction imposed by POEA on non-

complying PRA shall not be lifted until the PRA reimburses the

OWWA of the cost of repatriation with legal interest.

In Posts where there is no POLO, Post may facilitate andadvance the repatriation costs, subject to prior coordination with

OWWA and written authority from the DFA.

1.3. Responsibility for Obtaining Exit Visa/Permit. In case there is a

need to secure an exit visa for the repatriation of the worker, the

employer or principal shall be primarily responsible for securing

the exit visa at no cost to the worker and shall have fifteen (15)

days from notice to secure such exit visa/permit. The PRA

involved in the workers recruitment, processing, and/or

deployment shall coordinate with the principal or employer in

securing the visa.

1.4. Sanction Against Failure to Obtain Exit Visa/Permit. If the

principal and/or agency fails to secure the exit visa/permit within

a period of 15 days from receipt of POEA notice, the POEA shall

suspend the documentary processing of the agency, or impose

sanctions as it may deem necessary.

1.5. Repatriation in Certain Circumstances. The following workers

situations shall also be compelling reasons for the POLO to

undertake immediate repatriation of OFWs:


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- There is danger to life and limb of the Filipino worker;

- Stranded OFW has neither a supportive employer who could

be identified/located, nor a chance to be legally employed by

a new employer; and

- Other situations which demand immediate repatriation of

Filipino Migrant Workers, as may be determined by the

POLO.

1.6. Request for Repatriation Tickets. All requests for repatriation

tickets from employers, Foreign Placement Agency (FPA),

PRAs, POEA, OWWA and other legitimate sources shall be

approved by the Head of POLO. The POLO shall always

prioritize the repatriation of Center wards and the resolution oftheir respective complaints and cases.

1.7. Repatriation Team. The Head of POLO shall officially designate

an organic staff as head of the repatriation team which shall

accompany to the airport all Center wards for repatriation.

2. Repatriation of Irregular / Undocumented Overseas Filipinos

If subject is irregular/undocumented, the concerned Post shall request

authority from DFA-OUMWA to extend assistance for her/hisrepatriation and for the transport of her/his personal effects,

chargeable against the ATN Fund. Post shall certify that it has

exhausted all the available remedies, including possible sources of

funding prior to making such request. DFA-OUMWA shall make the

appropriate endorsement to the Office of Financial Management

Services (DFA-OFMS).

Upon receipt of the flight details of the person to be repatriated, the

ATN Officer at DFA-OUMWA shall coordinate with OWWA, DSWD,

DOH, and IACAT, as necessary.

3. Repatriation of Medically-Ill Overseas Filipinos

Pursuant to provisions of RA 10022, and its omnibus rules and

regulations, repatriation under medical supervision shall be

undertaken by the insurance provider at such time that the

regular/documented worker is medically cleared for travel by the

attending physician and the commercial carrier.

In cases when it is more expedient to repatriate the medically-ill

worker through arrangements made by POLO, following repatriation


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policies stipulated in RA 8042, as amended by RA 10022, and this

Manual, the Head of POLO shall see to it that proper medical

clearances are secured before the repatriation of medically-ill worker,

and that only trained paramedic and/or licensed medical personnel, or

any POLO officer or staff with prior authority from the DOLE

Secretary, shall be allowed to accompany/escort said medically-illworker in her/his flight to Manila or point of destination.

For medical repatriation of irregular/undocumented Overseas Filipino,

ATNU shall likewise secure proper medical clearances from the

attending physician and the airline prior to repatriation. It shall also

ensure that only trained paramedic and/or licensed medical personnel

accompany the medically-ill Filipino, if medical escort is required. Any

officer or staff of Post shall be permitted to accompany the medically-

ill Filipino, if non-medical escort is allowed by the attending physician,

provided that a written authority is obtained from the concernedmother agency.

4. Mandatory Repatriation of Underage Migrant Workers.

Upon discovery or upon being informed of the presence of Overseas

Filipino whose actual age falls below the minimum age requirement for

overseas employment, and upon reasonable verification of said

information, the responsible officer at Post shall immediately report the

same and recommend immediate repatriation to the Head of Post.

Subsequent actions shall be governed by relevant provisions ofexisting laws, practices at Post, arrangements between DOLE and

DFA, and related repatriation guidelines and procedures.

Upon receipt of the flight details of the person to be repatriated, the

ATN Officer at OUMWA shall coordinate with DOJ, as necessary.

5. Repatriation of Filipino Detainees

In cases when a Filipino detainee has served her/his sentence in jail

and her/his repatriation has been referred to the Embassy/Consulate,

the ATN Officer shall facilitate her/his repatriation following existing

rules and procedures, and arrangements between DOLE and DFA.

Post shall send a report to DFA-OUMWA and DOLE/OWWA/POEA,

including her/his flights details. DFA-OUMWA shall inform the NOK,

and coordinate with OWWA for airport assistance.

The cost of airfare for repatriation, immigration penalties, and other

related expenses of a detained Overseas Filipino, who has served

her/his sentence and released from detention, after exhausting all

possible remedies, may be charged against the ATN Fund, in

accordance with existing DFA rules and regulations. In which case,


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the concerned Post shall obtain from POLO a certification that the

overseas Filipino is a non-active OWWA member.

6. Shipment of Human Remains

ATNU shall facilitate and coordinate the shipment of the humanremains, as well as the required documentation.

In case of death of documented workers, the insurance provider,

through the employer/PRA, shall arrange and pay for the shipment

costs of the workers remains. It shall also render any assistance

necessary, 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 certificate,

purchasing the minimally necessary casket or air transport container,as well as retrieval of the remains from site of death and delivery to

the receiving funeral home. This provision shall be without prejudice

to the stipulations of RA 10022, and its omnibus rules and regulations

holding the principal, employer, or agency primarily responsible for the

shipment of human remains, especially so when the worker is no

longer covered by an insurance, at the time of death. The POLO shall

ensure that arrangements for the early shipment of the human

remains are undertaken by monitoring the required obligations of the

insurance provider, employer, principal or agency. In Posts where

there is no POLO, ATNU shall coordinate with the employer andagency.

The ATNU shall handle the shipment of human remains in the case of

irregular/undocumented migrant workers.

The NOK of the deceased Filipino, whether regular/documented or

irregular/undocumented at the time of death, shall be assisted by

DFA-OUMWA to accomplish and submit a Letter of Acceptance of

Human Remains and other documentary requirements, as may be

required by the host government.

B. Procedures for Repatriation

1. Procedures for Repatriation of Regular / Documented Workers

The Labor Attach shall make the necessary negotiation, coordination

and arrangements with the employer, FPA, PRA and local authorities

for the exit requirements, repatriation ticket, airport/travel assistance,

and other documents, whenever needed.


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The Labor Attach shall keep track of the status of all repatriation

requests and shall submit a monthly report to the Secretary, through

ILAB, copy furnished the Repatriation Unit, Adjudication Office of the

POEA, the OWWA Repatriation and Assistance Division (RAD) and

the Overseas Operations Coordination Service (OOCS).

The report shall basically contain ticket and fund utilization, names of

repatriated workers, names of supportive and non-supportive

employers and their agencies, best practices applied, if any, and other

information relevant to enforcement and enhancement of the

repatriation system.

1.1. If the employer/agency provides the ticket and all exit

requirements:

a. POLO shall notify the worker of her/his repatriationschedule;

b. POLO shall inform OWWA, through RAD, of the flight

details and other assistance requested in connection with

the repatriation of the migrant worker;

c. POLO shall likewise coordinate with concerned

DOLE/OWWA Regional Office, if necessary; and

d. Upon endorsement of repatriated worker/s to welcomingfamily member, relative or friend, or upon final guidance

to worker who shall travel home by herself/himself,

OWWA-RAD shall document the closure of the

repatriation case in its official files and inform concerned

POLO accordingly.

1.2. If the employer fails or refuses to cooperate for the repatriation of

the worker:

a. POLO shall require the FPA and PRA to facilitate the

provision of repatriation ticket and exit visa/permit, under the

principle of joint and several liability;

b. POLO may defer action on the verification of recruitment

documents of the FPA/PRA until it positively acted on the

repatriation request;

c. POLO shall exert effort to secure other necessary exit

requirements from concerned local authorities, and

simultaneously notify POEA of the employer or FPAs failure

to cooperate;


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d. Upon receipt of report from POLO, the POEA shall:

d.1 Issue a notice to the concerned PRA to provide the

POLO within 48 hours the required plane ticket of the

worker, or within 15 days in cases where exit visa isrequired;

d.2. Suspend, if warranted, the documentary processing of

the agency and its principal/employer, if it fails to

provide the plane ticket within 48 hours from receipt of

the notice, or to secure the exit visa within the 15-day

notice; and

d.3. Advise OWWA, through RAD, of the failure of the PRA

and its principal/employer to comply with theirobligation, and as such, to immediately advance the

cost and effect the repatriation of the worker.

e. Upon receipt of notice from POEA of the failure of the agency

to provide the required ticket, OWWA shall:

e.1. Immediately advance the cost of repatriation, with

recourse to the agency or principal;

e.2. Inform concerned POLO of the issuance of ticket; and

e.3. Closely monitor the progress of the workers

repatriation.

f. The POLO, upon receipt of the plane ticket, shall

acknowledge receipt of the same to the POEA, copy

furnished OWWA.

g. POLO shall advise the worker of her/his flight details.

h. POLO shall coordinate with OWWA, through RAD, the

scheduled arrival of the OFW for post-repatriation services

such as airport assistance, temporary shelter, and local

transportation.

i. POLO shall likewise coordinate with concerned

DOLE/OWWA Regional Office, if necessary; and

j. Upon endorsement of repatriated worker/s to welcoming

family member, relative or friend, or upon final guidance to

worker who shall travel home by herself/himself, OWWA-


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RAD shall document the closure of the repatriation case in its

official files and inform concerned POLO accordingly.

1.3. Where the principal/agency of the worker cannot be identified or

located, or had ceased operations, and the worker is in need and

without means:

a. POLO, in coordination with the Embassy/Consulate, shall

cause the repatriation in appropriate cases. All costs

attendant to repatriation borne by the OWWA may be

charged to the OWWA repatriation fund, without prejudice to

the OWWA requiring the agency/employer/insurer or the

worker to reimburse the cost of repatriation.

2. Procedures for Repatriation of Irregular / Undocumented Overseas

Filipinos

a. The concerned Post shall request authority from DFA-OUMWA

to extend assistance in the repatriation of

irregular/undocumented Overseas Filipinos, chargeable against

the ATN Fund. Post shall certify that it has exhausted all the

available remedies, including possible sources of funding prior to

making such request. DFA-OUMWA shall make the appropriate

endorsement to the Office of Financial Management Services

(DFA-OFMS); and

b. Upon receipt of the flight details of the person to be repatriated,

the ATN Officer at DFA-OUMWA shall coordinate with OWWA,

DSWD, DOH, and IACAT, as necessary.

3. Procedures for Repatriation of Medically-Ill

a. As soon as the Overseas Filipino is medically cleared for travel

by the attending physician, Post shall facilitate arrangements for

repatriation, in accordance with existing Philippine laws and

repatriation policies, subject to host government rules and

procedures; and

c. Post shall coordinate with OWWA-RAD and NOK the required

medical services, such as ambulance transportation and

hospitalization, for the medically-ill Overseas Filipino upon

her/his arrival in the Philippines.

4. Procedures for Repatriation of Underage Migrant Worker


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a. Post shall verify the information concerning the underage

migrant worker, and gather additional information surrounding

her/his deployment;

b. Post shall immediately report to DFA, DOLE, DSWD, OWWA,

POEA, and DOJ/IACAT about the deployed underage migrantworker;

c. Upon receipt of report from Post, POEA shall take the necessary

action against the recruitment/manning agency that deployed the

underage migrant worker, such as cancellation of license and

imposition of fine, pursuant to relevant Philippine laws;

d. POLO shall, without delay, repatriate the underage migrant

worker, pursuant to existing Philippines laws and repatriation

guidelines and procedures, and arrangements between DOLEand DFA; and

e. Post shall coordinate with DFA-OUMWA, OWWA-RAD, and

POEA the scheduled arrival of the underage migrant worker for

post-repatriation services such as airport assistance, temporary

shelter, local transportation, and referral to concerned agencies

such as DOJ/IACAT, for further interventions, as may be

required.

5. Procedures for Repatriation of Human Remains

a. The shipment of human remains of a documented overseas

Filipino worker and the transport of her/his personal effects shall

be coordinated with POLO for appropriate action. In Posts

where there is no POLO, ATNU shall coordinate with the

employer and agency. In cases where the employer or agency

does not cooperate, Post may advance the shipment costs,

subject to prior coordination with OWWA and written authority

from the DFA;

b. If the subject is irregular/undocumented, the concerned Post

shall request authority from DFA-OUMWA to charge the

shipment costs against the ATN Fund. Post shall certify that it

has exhausted all the available remedies, including possible

sources of funding prior to making such request. DFA-OUMWA

shall make the appropriate endorsement to the Office of

Financial Management Services (DFA-OFMS);

c. Upon notice of death, Post, within a reasonable period of time,

shall issue a Report of Death and forward it to the Office of


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Consular Affairs, which in turn shall transmit it to the Philippine

Statistics Authority for registration of death in its Civil Registry;

d. Post shall further authenticate the death certificate, mortuary

certificate, quarantine certificate, or other certificates necessary

for the shipment of remains;

e. The NOK of the deceased Filipino shall be required by DFA-

OUMWA to accomplish and submit a Letter of Acceptance of

Remains and such other documentary requirements, as may be

required by the host government. In case the NOK would

choose to bury the remains within the host country, a duly

notarized Affidavit of Consent to Bury shall be submitted to DFA-

OUMWA, which in turn shall forward this to the concerned Post;

f. Post shall issue a No Objection Certificate to the concernedemployer upon submission of necessary documents, such as

copies of the passport, residence ID, Death Report from the

hospital, Medical Report, Police Report in case of accident, and

other documents as may be further required, if applicable;

g. The employer, upon advise of Post, shall secure the clearances

required by the host government before acquiring the services of

a cargo/airline company for the actual shipment of remains and

inform Post of the flight details; and

h. Upon receipt of the flight details, the ATN Officer at DFA-

OUMWA shall coordinate with OWWA, DSWD, or DOH, Bureau

of Quarantine, as necessary.

6. Procedures for Repatriation of Filipino Detainees

a. Post shall, upon endorsement of the Filipino detainees

repatriation by the host government, arrange her/his repatriation

following existing guidelines, and arrangements between DOLE

and DFA;

b. Post shall send a report to DFA-OUMWA and

DOLE/OWWA/POEA, including her/his flight details;

c. DFA-OUMWA shall inform the NOK, and coordinate with OWWA

for airport assistance.

SECTION 17. ASSISTANCE FROM OTHER ATTACHS/REPRESENTATIVES OFPARTNER-AGENCIES


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The Embassy/Consulate shall, whenever necessary, coordinate with the Attachs or

Representatives of the Department of National Defense/Armed Forces of the Philippines

(DND/AFP), Department of Interior and Local Government/Philippine National Police

(DILG/PNP), and Department of Health, who shall have the following roles and

responsibilities:

1. Military Attach

a. Serve as military adviser to the Head of Post, particularly on the protection

of Filipino nationals within the receiving country; and

b. Extend to the Head of Post such assistance as may be required of him by

reason of his professional training and experience.

2. Police Attach

a. Provide technical advice to the Head of Post on law enforcement matters,

as well as the protection of nationals within the receiving country;

b. Advice the Head of Post on courses of action for various security threat

levels for embassy staff and expatriates; and

c. Coordinate with the police authorities of the receiving country, in cases

where Filipino nationals are confronted with police-related problems.

3. Representatives from DOH/Philhealth

a. Coordinate with the Philippine Embassy/Consulate in ensuring that benefits

of all PhilHealth enrolled Overseas Filipinos are made available and

accessible;

b. Upon recommendation by the DFA, deploy medical teams to conduct health

missions at the Posts, where there are large concentrations of Overseas

Filipinos, or where there is a public health emergency, for purposes of

providing various health services to them.

SECTION 18. RECORDING AND REPORTING OF REQUESTS FOR ASSISTANCE

Apart from the requests for assistance recorded by the JAD in the shared database system,

each concerned office at Post shall maintain a system of recording and reporting of all

requests received. Each office shall designate from among its staff, a Records Officer/

Docket Officer who shall have the following responsibilities:

1. Organize and maintain the case records/files;

2. Prepare reports on cases and other special reports, as may be required;

3. Prepare a short list of critical or very important cases for immediate attention/

monitoring;


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4. Generate other information/data for planning and policy formulation; and

5. Consolidate and update requests/cases with the JAD.

ATNU, POLO, SSO and other partner agencies shall submit urgent reports on critical/high

profile cases to the Head of Post and their respective Departments. All partner agencies

shall be provided timely access to these urgent and critical reports. Urgent reports shallcontain, among others, the names of Overseas Filipinos involved, contact details of their

NOK in the Philippines, the nature of the case and initial actions taken, and the

recommendation/s of Post.

Post shall submit updates/progress report and terminal report on these cases to the Head of

Post and respective Department Secretaries.

TITLE VI

MIGRANT WORKERS AND OTHER OVERSEAS FILIPINOS RESOURCE CENTER

SECTION 19. ESTABLISHMENT OF THE CENTER

Migrant Workers and Other Overseas Filipinos Resource Centers (MWOFRC or the Center)

shall be established in countries where there are large concentrations of migrant workers, as

determined by the Secretary of Foreign Affairs and the Secretary of Labor and Employment.

The location of the Center shall be jointly approved by the two Secretaries, taking into

account the inputs of the concerned Philippine Embassy or Consulate, the situation of the

migrant workers, and the relevant laws, regulations and policies of the host country.

The concerned Philippine Embassy shall inform the Foreign Ministry on the proposed

establishment of the Center within, proximate to, or outside the premises of the Philippine

Embassy or Consulate, and shall endeavor to secure the appropriate recognition for the

Center.

SECTION 20. SERVICES OF THE CENTER. The Center shall provide the followingservices:

1. Counseling and legal services;

2. Welfare assistance including the procurement of medical and hospitalization

services;

3. Information, advisory programs to promote social integration such as post-arrival

orientation, settlement and community networking services and activities for

social interaction;

4. Registration of irregular/undocumented workers to bring them within the purview

of RA 8042, as amended by RA 10022;


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5. Implementation of DOLE and OWWA programs;

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

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

workers;

8. Orientation program for returning workers and other migrants;

9. Monitoring of the daily situations circumstances and activities affecting migrant

workers and other Overseas Filipinos;

10. Ensuring that labor and social welfare laws in the receiving country are fairly

applied to migrant workers and other overseas Filipinos; and

11. Conciliation of disputes arising from employer-employee relationship.

SECTION 21. USAGE OF THE CENTER. The Center shall be used for the following:

1. As a temporary shelter for Overseas Filipinos In Distress who shall be admitted

based on criteria for admission set forth in this Manual;

2. Toprovide a multi-purpose hall for developmental activities, such as reintegration

preparedness seminars, skills trainings, Filipino Community (FILCOM) meetings

and other FILCOM activities, which will benefit migrant workers and other

overseas Filipinos. The shelter and multi-purpose hall shall be two separatefacilities within the premises of the Center. If there is limited space in the Center,

and the law of the host country permits, either one may be outside the Center;

and

3. Forother purposes, as may be determined by the Head of Post and the Labor

Attach.

SECTION 22. ADMINISTRATION AND OPERATIONS OF THE CENTER

The POLO, through the Labor Attach, shall supervise and coordinate the operations of the

Center, and shall keep the Head of Post informed and updated on all matters affecting it,

through a monthly written report.

The Labor Attach shall immediately advise the Head of Post, who shall have oversight

functions over the operations of the Center, of any unusual/out-of-the-ordinary occurrence at

the Center.

The Labor Attach shall coordinate and supervise the preparation of an annual activity plan

for the Center, which will include continuing skills training, reintegration programs and

wellness activities, to be submitted to the Head of Post, the DOLE Secretary, OWWA

Administrator, and DSWD Secretary.


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A Center Coordinator shall be assigned by the Labor Attach from the POLO, subject to the

approval of the DOLE Secretary, to manage the daily operations and orderly maintenance of

the Center. In the performance of this function, she shall:

1. Strictly enforce the House Rules and Regulations;

2. Monitor the status of wards using a prescribed Daily Report;

3. Coordinate with the Welfare Officer/ATN Officer on the provision of assistance for

medical emergencies and illness of wards;

4. Assist in the implementation of social and developmental programs and activities

for wards;

5. Prepare and submit to the Head of POLO a weekly custodial report of wards;

6. Prepare a monthly report on the Center operations; and

7. Maintain the following logbooks:

a. Record of admission and discharge of wards;

b. Record of POLO/Embassy/Consulate personnel and visitors entering and

leaving the Center; and

c. Record of arrival in and departure from the Center of the wards.

The Center Coordinator may be assisted by an Assistant Center Coordinator, also to be

designated by the Labor Attach, whenever necessary.

The SWATT/SSA, if present at Post, shall provide psychosocial services to the wards of the

Center, in coordination with and upon request of Head of POLO or ATNU.

SECTION 23. MANAGEMENT POLICY COMMITTEE

A Management Policy Committee shall be formed at Post to promulgate policies, rules and

regulations in addition to what has been set forth in this Manual, for the orderly operation

and maintenance of the Center. It shall be composed of the following:

Co - Chairpersons: Second Highest Ranking Officer of the Embassy or Consulate

and Head of POLO

Vice-Chairperson: Assistant Labor Attach, if available, or Welfare Officer

Members: ATN Officer

Welfare Officer

Social Welfare Attach/Social Service Attache


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It shall meet monthly or whenever necessary, and shall ensure that these policies, rules and

regulations are implemented.

A counterpart Management Policy Committee shall be formed at the Home Office to monitor

the operations of all Centers at Posts. The Committee shall be composed of representatives

from DFA-OUMWA, DOLE-ILAB, OWWA, DSWD, and DOH.

SECTION 24. CRITERIA FOR ADMISSION

It shall be the duty of the Welfare Officer to assess the admissibility of an applicant to the

Center, taking into consideration the rules and policies on the admission of distressed

overseas Filipinos at the Center. The criteria for admission are the following:

1. The applicant should be a female Filipino citizen in distress;

2. She must have a pending or on-going employment contract-related problem;

3. She must have left her accommodation and has nowhere else to go; and

4. She must have reported to the Center within 48 hours after leaving her

accommodation, unless she has a legitimate reason for failing to appear at the

Center within the prescribed period, or cleared by the Head of Post/POLO.

Female OFWs charged or arrested for a criminal offense, and subsequently released to the

Philippine Embassy/Consulate on a second party custody arrangement, and those involved

in other ATN cases, may be admitted to the Center, subject to the approval of the Head ofPost/POLO.

OFWs, who have warrants of arrest, shall be endorsed to the ATNU for appropriate action.

OFWs with mental and physical problems, requiring professional care, must be

endorsed/referred immediately to an appropriate health service provider.

Request for readmission of OFWs, who previously left the Center in violation of the rules,

shall be subject to clearance and approval of Head of Post/POLO.

A separate Center for males shall be established, as may be allowed by the rules and

regulations of the host government, and subject to availability of funds.

SECTION 25. PROCEDURE FOR ADMISSION. The following admission procedure shall beobserved at Post:

1. The applicant must fill out the required Application for Center Admission, which

contains both the general and country-specific rules and regulations of the

Center;


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2. The Welfare Officer shall evaluate the application based on the established

criteria for admission and house rules at Post, with the safety and well-being of

the applicant and the rest of the Center wards as primordial consideration. The

Welfare Officer shall recommend approval/disapproval to the Head of Post/POLO

or his authorized representative. Approval or denial of application must be

communicated immediately to the applicant;

3. Upon approval of admission, the Welfare Officer shall immediately endorse the

accomplished Application for Center Admission to the Center Coordinator, who

shall brief the new ward on Center rules and regulations;

4. The new ward shall be made to sign her Conforme to the House Rules, indicating

that she understands and will abide by the rules and regulations of the Center,

and that violation of these rules shall be a ground for disciplinary action and/or

discharge from the Center; and

5. The Center Coordinator shall maintain a recording system which shall include the

date and time of admission, brief statement of personal circumstances including

health condition and special medical attention required, inventory of wards

personal belongings at the time of admission, and the date and time of discharge

from the Center.

SECTION 26. CENTER RULES AND REGULATIONS

To maintain order and discipline inside the Center for the overall safety and security of the

wards, and to enhance the operations of the Center, the following general rules andregulations are prescribed:

1. An inventory of the wards belongings shall be accomplished upon admission as

ward in the Center;

2. To prevent the loss or damage of important personal belongings, occurrence of

conflict among Center wards, and the imprudent use of such personal effects, all

appliances, gadgets and valuables of the ward shall be registered upon

admission and turned over to the Center Coordinator for safekeeping. The

inventory of turned-over belongings shall be signed by the ward for conformity. A

copy of the inventory shall be provided to the ward, and another copy shall be

kept among the records of the Center Coordinator, for reference when returning

the belongings to the ward upon discharge. For this purpose, the Center

Coordinator shall take adequate measures to secure the personal belongings of

the wards entrusted to the Center for safekeeping;

3. Upon their admission at the Center, the wards shall be profiled accordingly, and

the Center shall facilitate necessary seminars and skills training/upgrading in

preparation for their personal, social and economic reintegration when they return

to the Philippines;


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4. The wards shall be prohibited from engaging in any work inside or outside the

Center, whether full time or part time, whether with or without remuneration, while

under the custody of the Center. Likewise, they shall not be allowed to work in

the households of the Embassy/Consulate, and POLO officers and other staff, or

do personal errands for any of them, or for the Center Coordinator;

5. No ward shall be allowed/permitted to perform volunteer work in the offices of the

Embassy/Consulate and the POLO;

6. Only the designated female Center Coordinator shall be allowed to reside at the

Center. No member of her family shall reside at the Center;

7. The Head of POLO shall conduct weekly dialogues with the Center wards for

purposes of case updating, and to address their needs and other concerns.

Highlights of the meeting shall be reported to the Secretary;

8. The Center shall always maintain a First Aid kit for their wards and personnel;

and

9. Activities at the Center shall be geared towards the enhancement of values and

skills of the wards.

SECTION 27. DISCHARGE OF WARD FROM THE CENTER

Non-HSW wards shall be discharged from the Center upon resolution of their case, which

may result in either their return to the employer, transfer to another employer, or repatriationto the Philippines, as may be allowed under the host country laws, and consistent with

Philippine rules and regulations.

An HSW ward may be discharged from the Center only upon resolution of her case, or when

her custody is legally required by the host government authority, or when she is bound to be

repatriated to the Philippines.

Other wards may be discharged subject to the respective House Rules of each Post.

SECTION 28. PROCEDURE FOR DISCHARGE

The following procedures in the discharge of ward from the Center shall be observed at

Post:

1. The ward for discharge shall present her belongings for inspection. She must

take with her all her belongings upon departure from the Center;

2. The Center Coordinator shall return all the personal belongings of the ward that

were deposited to the Center for safekeeping. The ward shall duly acknowledge

the return thereof and shall sign the Discharge Form, which shall form part of her

case file; and


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3. A Discharge Report, indicating how the wards case was settled/terminated , shall

be prepared and signed by the appropriate unit/officer, and shall form part of the

wards record/file.

SECTION 29. USE OF MULTI-PURPOSE HALL BY THE FILCOM AND NGOS

Members of the Filipino Community (FILCOM) or non-government organizations (NGOs), or

Civil Society Organizations (CSOs) shall be permitted to use the Multipurpose Hall of the

Center for their activities, subject to the following conditions:

1. The requesting party shall submit a letter of request addressed to the Head of

POLO, at least one month in advance from the date of the intended activity,

specifying the name of the group, a directory of the officers, the activity that they

wish to conduct, as well as the date and time of the activity. The letter request

must also indicate the duration of the activity and the expected number ofparticipants or attendees;

2. The letter request shall also specify the Center facilities/equipment to be used

provided the same are available (i.e., projector, desktop/laptop, whiteboard and

marker, sound system, and the like). The requesting party shall be liable for any

damage or breakage resulting from the use of such facilities/equipment;

3. The requesting party shall obtain the prior approval of the Head of POLO;

4. The FILCOM/NGO shall sign Conforme that it will abide by the rules and policieson the use of the Center facilities, which shall include among others:

a. Ensuring that activities or meetings are conducted without violating any laws,

rules and regulations of the Philippines and the host country, including the

latters religious beliefs and cultural traditions;

b. Ensuring that such activities shall not hamper, disrupt or interfere with the

normal operations of the Center, Embassy/Consulate and the POLO; and

c. Ensuring that the Multipurpose Hall is clean and orderly after the activity.

5. Organizations or persons, whose use of the Center may pose conflict of interest,

or raise issues or possible security or political concerns, shall not be allowed to

use the Center facilities; and

6. The Head of POLO and the Center Coordinator shall be responsible for the

scheduling of the use of the Center facilities by the FILCOM/NGO.


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SECTION 30. REPORT ON CENTER OPERATIONS

The Head of POLO shall submit to the Office of the Secretary, copy furnished the Head of

Post, quarterly reports on all matters relating to the Center operations. The report shall

include, but not limited to the following:

1. Registry of Overseas Filipinos In Distressed admitted to the Center, date of

admission and duration of stay at the Center;

2. Case profiling to include nature and status of cases, names of deploying

agencies, and employers / principals;

3. List of trainings, seminars, and other projects conducted by the POLO at the

Center and the number of p

JOINT MANUAL of OPERATIONS in Providing Assistance to Migrant Workers

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Transcript of JOINT MANUAL of OPERATIONS in Providing Assistance to Migrant Workers