Question & AnswerQ&A (POEA MEMORANDUM CIRCULAR NO. 14, S. 2005)
It applies to all Overseas Filipino Workers (OFWs), seafarers, foreign employers or principals who are respondents in a Disciplinary Action case under the 2002 and 2003 POEA Rules and Regulations governing recruitment and employment.
It refers to the suspension of a worker, seafarer, foreign employer or principal from participation in the overseas employment program for failure to file an answer within the prescribed period despite proper service of summons.
Failure of the respondent to file an answer within the prescribed period despite proper service of summons.
A copy of the summons shall be served at its official address and at the official address of its duly accredited or registered local agents.
The OEA shall notify the Docket and Enforcement Division using a Notice of Inclusion, and the respondent is temporarily disqualified from participation in the Overseas Employment Program.
There must be proof of proper service of summons to the respondent.
When the respondent or authorized representative files an answer or voluntarily submits to the jurisdiction of POEA, the OEA shall notify the Docket and Enforcement Division using a Notice for Delisting.
The POEA Administrator may exercise discretion in special circumstances to allow a temporarily disqualified respondent to participate in the Overseas Employment Program.
No, the temporary disqualification and its lifting are without prejudice to the final outcome of the investigation and the imposition of proper penalties.