Title
Abolition of GAMCA Monopoly and Decking System
Law
Dfa-doh-dole-doj Joint Memorandum Circular No. 2015-0016
Decision Date
Jul 16, 2015
A Philippine law abolishes the GAMCA decking and referral system, allowing overseas Filipino workers to undergo pre-employment medical examinations at any DOH-accredited clinic and testing center, while prosecuting violators of the law.
A

Purpose of the Circular

  • Abolish the monopolistic GAMCA decking and referral system.
  • Broaden PEME conduct to all DOH-accredited clinics for OFWs bound for GCC states.
  • Enforce prosecution on persons/entities violating legal provisions.

Coverage of Agencies

  • Target government agencies involved in migrant worker welfare enforcement: Department of Health (DOH), Philippine Overseas Employment Administration (POEA), Department of Justice (DOJ), and Department of Foreign Affairs (DFA).

Guidelines to Enforce Law and Abolish the GAMCA System

  • DOH’s Health Facilities and Services Regulatory Bureau (HFSRB) to revoke or suspend licenses of offending clinics and permit PEME in all accredited centers.
  • HFSRB to ensure compliance of clinics with international health standards and regulate fees to prevent overpricing.
  • POEA to suspend/revoke licenses of recruitment agencies and disqualify foreign employers involved in the banned system.
  • DOJ Task Force Against Illegal Recruitment to investigate, conduct preliminary inquiries, and prosecute violations.
  • DFA to coordinate with foreign posts and foreign governments, especially GCC health authorities, to ensure compliance.

Legal Clauses

  • Separability Clause ensures invalid provisions do not affect the rest.
  • Repealing Clause abolishes inconsistent or contradictory prior rules and regulations.
  • Effectivity upon complete and proper publication.

Important Legal Concepts

  • Upholding the freedom of OFWs to choose medical clinics, preventing merchantization of their medical examination process.
  • Enforcement through multi-agency collaboration to protect migrant workers' rights.
  • Preventing monopolistic practices that harm Filipino migrant workers and violate enacted laws.

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