QuestionsQuestions (OWWA MEMORANDUM OF INSTRUCTIONS NO. 006)
The fund was established by OWWA Memorandum of Instructions No. 006 dated July 2, 2010. It took effect immediately upon issuance.
It serves as a counterpart to the legal assistance fund administered by the DFA (through the Office of the Undersecretary for Migrant Workers), covering welfare case expenses pursued at worksites requiring legal services and related support.
It states that to avoid overlap with cases filed by the Assistance to Nationals Unit of Philippine embassies, the thrust is towards an offensive strategy in pursuing justice for the OFW.
To ensure the provision of free legal services to OFWs on-site, specifically to provide logistical support to pursue cases filed in appropriate courts in the worksite.
It covers cases involving OWWA active members on-site, elevated to proper courts after all administrative remedies are exhausted; it may also cover criminal cases where the OFW is the complainant.
Such cases should be endorsed to the Assistance to Nationals Unit (ANU) of the Philippine mission for proper disposition.
It covers cases involving OWWA active members on-site.
Not to exceed US$3,000.00 per case.
Labor cases involving two or more workers against the same employer shall be considered one case for the limitation of the counsel fee.
Court fees not exceeding US$500.00 per case.
Charges and other reasonable litigation expenses not to exceed US$3,000.00 per case.
It may cover travelling expenses of case officers traveling outside its post of origin, including reasonable transportation expenses, per diems, and hotel expenses in accordance with the UN daily subsistence allowance and/or actual expenses incurred, subject to existing rules and regulations.
Yes. It covers the actual cost of communication expenses connected with legal assistance cases.
In case of recovery, the total amount spent shall be reimbursed from the proceeds/judgment money, but not to exceed 30% of the total award or the proceeds of an amicable settlement, if applicable.
The Welfare Officer must request approval of the release of the amount needed for the case.
The request must include (1) case history/documentation and (2) certification from the POLO that administrative remedies have been exhausted, including access to pro-bono legal services, Shariah lawyer, or a lawyer charging on contingent cases, and that the case is meritorious.
The request is evaluated by the Legal Staff at the OWWA Head Office, which recommends appropriate action to the Administrator.
Funds are released to the Welfare Officer for proper disbursements, subject to the usual accounting and auditing procedures.
In all cases, recovery of legal fees must be included in the total compensation/damages that will be claimed from a damage suit filed by the worker.
An initial amount of Ten Million Pesos (Php 10,000,000.00) was allocated, to be released on a staggered basis or on a need basis and replenished when necessary.