Question & AnswerQ&A (DFA-DOH-DOLE-DOJ Joint Memorandum Circular No. 2015-0016)
The main purpose is to abolish the monopoly and the decking and referral system of GCC-approved medical centers association (GAMCA) in the Philippines, enabling overseas Filipino workers (OFWs) to choose any DOH-accredited medical clinic for their pre-employment medical examinations required by GCC member-states.
The GAMCA decking and referral system is a procedure where OFWs must register personal information at the GAMCA office in Manila and then be referred or scheduled to a specific GAMCA-accredited medical center, which constitutes a compulsory and exclusive arrangement.
It violates Section 6, subparagraph (c.4) and Section 16, subparagraphs (c.3) and (c.4) of R.A. 8042 as amended by R.A. 10022, which prohibit compulsory exclusive arrangements and monopolies in conducting medical examinations for OFWs.
Every Filipino migrant worker has the freedom to choose any of the DOH-accredited or DOH-operated clinics for their medical examination, ensuring their rights as a patient are respected.
The Department of Health (DOH), Philippine Overseas Employment Administration (POEA), Department of Justice (DOJ), and Department of Foreign Affairs (DFA) are covered as implementing agencies.
The DOH's Health Facilities and Services Regulatory Bureau may suspend or revoke their licenses and allow pre-employment medical examinations at all DOH-accredited clinics instead.
The Health Facilities and Services Regulatory Bureau of DOH shall establish a schedule of fees to be charged by all medical clinics and testing centers for pre-employment medical examinations for OFWs.
The Department of Labor and Employment, through POEA, may suspend or revoke the license of recruitment agencies and disqualify foreign employers from participating in overseas employment programs.
The DOJ's Task Force Against Illegal Recruitment will conduct investigations and prosecute persons or entities involved in the illegal decking and referral system.
The DFA directs its foreign service posts to inform and seek cooperation from host governments regarding compliance with RA 8042 and its amendments, particularly about PEME of Filipino migrant workers.