QuestionsQuestions (POEA-OWWA JOINT CIRCULAR NO. 01, S. 2002)
To set a common procedure for repatriating OFWs when repatriation is needed, and to improve collection and payment of the cost of return tickets/PTAs advanced by OWWA, consistent with R.A. 8042.
As a person to be engaged, is engaged, or has been engaged in a remunerated activity in a state where he/she is not a legal resident, or in a vessel of foreign registry; including applicants who were promised/assured employment overseas and suffered damage/injury from such promise.
Documented workers are authorized to enter/stay/work under host country laws (e.g., valid passports/visas and employment processed by POEA if required, or registered by Filipino Workers Resource Center/POLO). Undocumented workers are not authorized (e.g., passports acquired through fraud, expired visas/permits, no travel documents, or inappropriate visas).
The POLO notifies the POEA to advise the concerned agency of the need for repatriation.
If the agency fails to provide the ticket or PTA within the specified 48-hour window from non-compliance, POEA must inform OWWA within 48 hours from the agency’s non-compliance.
If undocumented, POEA immediately advises DFA and copies OWWA. If documented, POEA classifies the deployment type (balik-manggagawa, name hire/direct hire, government hire, or agency hire) to determine who advances the PTA/ticket costs.
POEA immediately advises DFA and furnishes OWWA a copy of the need for repatriation.
OWWA advances the cost of PTA for those categories, without prejudice to reimbursement by the appropriate parties.
POEA immediately notifies the agency with a recourse to documentary suspension, garnishment, or other sanctions. The agency must provide the ticket/PTA to the Filipino Workers Resource Center or the appropriate Philippine Embassy and notify POEA of compliance; POEA then informs OWWA of the agency’s action.
POEA shall suspend the agency’s license or impose necessary sanctions. Upon POEA notice, OWWA advances costs with recourse to the agency/principal; the administrative sanction is not lifted until reimbursement to OWWA with legal interest.
OWWA’s claims may be satisfied by garnishing the agency’s bond upon order of POEA.
OWWA personnel at the jobsite, in coordination with DFA, causes repatriation. All repatriation costs borne by OWWA are chargeable to the Emergency Repatriation Fund under R.A. 8042, without prejudice to requiring reimbursement in appropriate cases.
OWWA advances the needed costs from the Emergency Repatriation Fund without prejudice to reimbursement by the deploying agency and/or principal, or the worker in appropriate cases.
The responsible officer at the foreign service post must immediately course the repatriation. Costs attendant to the activity are borne correspondingly by the agency/principal or by OWWA or DFA as the case may be.
OWWA takes charge of collection of PTA advances in close coordination with POEA.
POEA provides OWWA monthly lists of agencies with documentary suspension or other sanctions. The suspension/sanctions are not lifted unless clearance from OWWA is secured.
A record of (a) list of repatriated OFWs; (b) number of PTA advances; (c) itemized and total repatriation costs advanced by OWWA; (d) amount paid by agencies to OWWA; (e) names of delinquent payers; and (f) other relevant data.
It takes effect immediately.