Question & AnswerQ&A (MEMORANDUM CIRCULAR NO. 162)
The purpose is to establish a common procedure for the repatriation of Overseas Filipino Workers (OFWs) and to improve the collection of the cost of tickets advanced by OWWA in accordance with Republic Act No. 8042 (Migrant Workers and Overseas Filipino Act of 1995).
OFWs or Migrant Workers are persons engaged or to be engaged in a remunerated activity in a foreign state where they are not legal residents or in a foreign-registered vessel, including those who have been promised such employment and suffer damage or injury acting on that promise.
Documented Migrant Workers are those authorized by the receiving country to enter, stay, and work legally, possessing valid passports and visas, with contracts processed by POEA if required, or registered by Filipino Workers Resources Center or POLOs.
Undocumented Filipinos are those not authorized by the host country to enter, stay, or work, including those with fraudulent passports, expired visas, no travel documents, or valid but inappropriate visas.
PTA is a travel document or arrangement that serves as a return ticket for OFWs, used in repatriation procedures.
POLO notifies POEA, which then advises the concerned agency. If the agency fails to provide the PTA or ticket within 48 hours, POEA informs OWWA who may advance the cost of repatriation with recourse to the agency or principal.
POEA may suspend the agency's license or impose other sanctions such as documentary suspension or garnishment. Sanctions remain until the agency reimburses OWWA for repatriation costs with legal interest.
OFWs are classified as balikmanggagawa, name hire/direct hire, government hire, or agency hire. OWWA advances costs for balikmanggagawa, name hire/direct hire, and government hire, while agency hire involves the responsible agency providing the PTA or repaying OWWA.
OWWA, in coordination with the DFA, facilitates repatriation when the OFW is undocumented or when the principal or agency cannot be identified or located. Costs are charged to the Emergency Repatriation Fund but reimbursement may still be required.
OWWA must maintain records of repatriated OFWs, PTA advances, itemized and total repatriation costs, payments by agencies, names of delinquent payers, and other relevant data.