QuestionsQuestions (POEA MEMORANDUM CIRCULAR NO. 56)
It is titled “Implementing Guidelines on the Mandatory Requirement of the Artist Record Book for Contract Processing of Performing Artists.” Its purpose is to set guidelines for the mandatory Artist Record Book requirement for processing employment contracts of performing artists.
It is pursuant to Section F of DOLE Department Order No. 3-C, Series of 1994, on the mandatory requirement of the Artist Record Book for contract processing of performing artists.
The circular provides that the mandatory requirement applies beginning October 1, 1994 (as stated in the implementing guidelines), for visas/COE approved after October 1, 1994.
A new or returning performing artist whose visa/Certificate of Eligibility (COE) was approved after October 1, 1994.
If the visa/COE was approved after October 1, 1994, the Artist Record Book is mandatory. If approved on or before October 1, 1994, the employment contract may be processed without an Artist Record Book (pipeline account).
It refers to the processing of an employment contract without requiring an Artist Record Book for visas/COEs approved on or before October 1, 1994.
Yes. The circular expressly states it applies to both “new or returning performing artists,” provided their visa/COE was approved after October 1, 1994.
No. The circular states contracts of new or returning performing artists whose visa/COE was approved on or before October 1, 1994 may be processed without an Artist Record Book.
The Artist Record Book is a mandatory requirement for contract processing for such a new or returning performing artist.
The processing of the employment contract of performing artists (new or returning) through POEA contract processing.
It advises for “guidance and strict compliance.”
It was adopted on 23 September 1994, by (SGD.) Felicisimo O. Joson, Jr., Administrator.
Section F is the legal basis for POEA to issue implementing guidelines on the mandatory Artist Record Book requirement for performing artists’ contract processing.
You must look to the approval date of the artist’s visa/COE. The requirement is based on whether the visa/COE was approved after October 1, 1994 (mandatory) versus on or before October 1, 1994 (no Artist Record Book needed).
The text does not expressly state retroactivity. It provides a rule tied to visa/COE approval dates: approvals on or before October 1, 1994 are allowed without an Artist Record Book under the pipeline account policy.