Question & AnswerQ&A (OWWA MEMORANDUM OF INSTRUCTIONS NO. 004-94)
The Burial Assistance Program provides monetary assistance to beneficiaries of Overseas Contract Workers (OCWs), both landbased and seabased, to help defray burial and other related expenses. This assistance is in addition to other benefits due under the overseas employment contract.
The program covers deaths of OCWs, including Balik-Manggagawa who pay their insurance premiums, deaths by presumption for seamen officially reported as missing at sea, occurring from May 1, 1982 during employment overseas or within six months after termination of employment or arrival from abroad. Deaths beyond six months may be covered as special cases if certain criteria are met.
For deaths occurring on or after January 1, 1989, the amount is P10,000. For deaths from May 1, 1982 to December 31, 1988, the amount is P5,000. Seamen declared missing and presumed dead in this period also receive P5,000. Since July 1, 1991, burial gratuity was increased to P10,000 for eligible cases.
Beneficiaries must prove that the deceased OCW had at least one recorded contribution to the OWWA fund and that the OCW was not covered by the OWWA insurance program which started on July 1, 1991.
Special cases are those where: (a) death caused by illness or injury abroad or related to the contract; (b) poverty or indigency of the OCW's family confirmed by OWWA; or (c) the family has not availed of any monetary benefit from OWWA at application time.
The beneficiaries, in order of priority, are: (a) surviving spouse, (b) children, and (c) parents. If another family member paid for burial expenses, they may claim the assistance upon presenting acceptable proof.
Claimants must submit a duly accomplished application form along with documents such as death certificate (original and copy), proof of missing at sea status (if applicable), joint affidavit for tribal communities, employment contract or POEA documentation, passport or SSRB or certificate of employment period, relevant birth/marriage certificates, claimant's I.D. photos, and medical or investigation reports for special cases.
Applications must be submitted either personally or by mail to the Social Benefits Office of the OWWA Secretariat or to the nearest Regional OWWA Unit.
Disputes among beneficiaries on burial assistance claims shall be adjudicated by the Legal Department of the OWWA Secretariat, whose decision is final and executory.
The MOI took effect immediately upon adoption on February 17, 1994. It supersedes MOI No. 061, series of 1989 and MOI No. 123, series of 1991.