QuestionsQuestions (POEA Governing Board Resolution No. 28)
Republic Act No. 10022 authorizes the POEA Governing Board, after consultation with the Department of Foreign Affairs (DFA), to impose a ban on the deployment of Filipino migrant workers in pursuit of national interest or when public welfare so requires.
POEA Governing Board Resolution (GBR) No. 14, Series of 2014 (dated 04 July 2014) imposed a temporary suspension on processing and deployment of newly-hired OFWs to Guinea, Liberia, and Sierra Leone, while allowing processing and deployment of vacationing/returning workers.
Guinea, Liberia, and Sierra Leone.
Effective 01 December 2014, the Crisis Alert Level in Guinea, Liberia, and Sierra Leone was raised from Alert Level 2 to Alert Level 3 (Voluntary Repatriation).
The resolution states that the guidelines for Alert Level 3 provide that DOLE shall automatically impose an absolute deployment ban, and Filipinos there will be instructed to return to the Philippines.
It indicates that DFA input is required for the POEA Governing Board to act on deployment bans, especially when the basis involves foreign country conditions affecting public welfare.
The spread of Ebola Virus Disease (EVD) in the specified West African countries, which was considered an extremely contagious disease and a threat to public welfare.
GBR No. 28 imposes a total deployment ban for all OFWs bound for the covered countries, not limited only to newly-hired workers.
The dispositive portion: “to impose a total deployment ban for all OFWs bound for Guinea, Liberia and Sierra Leone.”
It was adopted on 08 December 2014 and filed on 05 January 2015. Dates matter for determining effectivity/coverage and for legal challenges, compliance periods, and record-keeping.
Secretary of Labor and Employment Rosalinda Dimapilis-Baldoz, Chairperson of the Governing Board.
It indicates a complete prohibition on deployment (processing and deployment), as opposed to a temporary suspension or limited allowance for specific categories of workers.
It explains that the Crisis Alert Level was raised from Alert Level 2 to Alert Level 3 due to continued spread of EVD and the decision to pull out Filipino peacekeepers from UNMIL, leading to a stricter, total ban.
DFA provides crisis alerts and guidelines for the foreign situation; POEA/DOLE acts on deployment measures pursuant to RA 10022 and the DFA’s alert-level directives.
In this case, it refers to protecting Filipinos and the public from the risks posed by an extremely contagious disease (EVD) in the destination countries.