QuestionsQuestions (OWWA MEMORANDUM OF INSTRUCTIONS NO. 003, S. 1997)
It is issued pursuant to Sections 15 and 16 of Republic Act No. 8042 (Migrant Workers and Overseas Filipinos Act of 1995) and in line with its Implementing Rules and Regulations, to ensure the immediate repatriation of OFWs in meritorious/emergency cases, without prior determination of ultimate responsibility.
To (1) facilitate immediate repatriation (including remains and transport of personal belongings up to carrier free baggage allowance) by the local agency/principal; (2) provide referral assistance for refund of repatriation costs shouldered by OFWs; and (3) undertake repatriation in emergencies (war, hostilities, armed conflict, epidemic, disasters/calamities, similar events), without prejudice to reimbursement by responsible parties.
All Filipino migrant workers who need immediate/emergency repatriation; specifically, all validated repatriation requests without prior determination of ultimate responsibility.
Field Services Office (FSO) via Workers Assistance Division (WAD) and Regional OWWA Units (ROUs), and Overseas Operations Coordinating Center (OOCC) via Philippine Overseas Labor Officers (POLOs).
IMSO is responsible for overall fund management of the ERF, including maintenance of the subsidiary book of accounts, and preparing/maintaining financial records for monitoring and collection.
An initial amount of P100,000,000.00 is advanced from existing OWWA funds pursuant to OWWA Board Resolution No. 96-010 (19 August 1996). Thereafter, it is provided for in the General Appropriations Act each year, with an amount not less than the initial advanced amount plus outstanding balances.
The principal or agency which recruited/deployed the OFW abroad, including costs attendant to repatriation of the worker or remains and transport of personal effects.
The National Labor Relations Commission (NLRC) has exclusive jurisdiction in the ultimate determination of liability of repatriation by the agency/employer or the OFW.
No. The program ensures immediate repatriation without prior determination of ultimate responsibility to prevent OFWs from being stranded abroad.
War, armed conflicts/hostilities, epidemics, disasters or calamities (natural or man-made), and similar events. Additionally, criteria for POLOs to undertake immediate repatriation include: (a) danger to life and limb; (b) stranded OFW with no employer; (c) mentally or physically ill OFW; (d) underage OFW as provided in Section 16 of RA 8042; and (e) other situations demanding immediate repatriation.
OWWA personnel at the jobsite, in coordination with the DFA, shall cause repatriation subject to the item on emergency repatriation (V-3).
POEA must notify the agency within 24 hours of repatriation need. The agency must provide the plane ticket or PTA within 48 hours through FWRC/appropriate embassy and notify POEA of compliance, after which POEA notifies OWWA.
POEA suspends the agency license or imposes sanctions within 24 hours and advises OWWA through WAD to advance the cost and effect repatriation. OWWA advances with recourse to the agency/principal; administrative sanction remains lifted only upon reimbursement with legal interest.
Agency/principal must reimburse within 15 working days upon receipt of a Reimbursement Demand Letter (RDL). Failure to pay is ground for OWWA to take legal action, aside from suspension of license.
Repatriation cost includes attendant costs with supporting receipts. For live OFWs: airfare, exit visa, penalties, travel expenses of escorts (for medical repatriation), and other reasonable expenses. For deceased OFWs: airway bill, mortuarial charges, customs duties, quarantine obligations, packaging and clearance costs, and other reasonable expenses.
No. The MOI provides a “no refund” policy from the ERF for emergency assistance recipients; all other repatriation cases not passing the POLO validation process are also not subject to refund from the ERF.
The WAD/ROU provides a checklist of documentary requirements and assists in preparing them, plus a referral letter to the NLRC. The OFW must apply and submit two copies of required documentary requirements as prescribed by the NLRC for the claim for refund.
Requests may be filed with ROUs/WAD/foreign posts. The Philippine mission welfare officer verifies need and coordinates with employer; POEA notifies the agency, which must issue ticket/PTA within 48 hours. If agency fails, POEA sanctions and OWWA advances costs. WAD secures approvals and submits TPO/costs to Administrator for approval. FSO facilitates dispatch of PTA and release of costs. WAD updates case folder and coordinates reconciliation/payment of PTA and collection of advances via IMSO.
It takes effect immediately.