Legal basis and program intent
- The guidelines implement Board Resolution No. 109 dated 03 June 1991, which authorizes an increase in burial assistance for beneficiaries of overseas contract workers.
- The Burial Assistance Program provides monetary assistance to help beneficiaries defray OCWs burial and other related expenses.
- The assistance is granted over and above similar and other benefits due the OCWs under the overseas employment contract.
- The program is directed to beneficiaries of overseas contract workers whose deaths fall within the program conditions.
Program nature and coverage
- The Burial Assistance Program applies to deaths of OCWs who are landbased or seabased.
- The program includes Balik-Manggagawa who are paying premiums for insurance coverage deaths by presumption in the case of seamen officially reported as “missing at sea”.
- Deaths covered by the program must have occurred on or after 01 May 1982.
- The covered death must have occurred during employment overseas or within six months after termination of overseas employment/arrival from abroad.
- Deaths occurring beyond the six-month period may be considered as special cases when the required criteria are met.
Burial assistance amounts granted
- PHP 10,000 is granted for deaths occurring on or after January 1, 1989.
- PHP 5,000 is granted for deaths occurring from May 1, 1982 to December 31, 1988.
- The PHP 5,000 amount is also applied to seamen declared missing and presumed dead within May 1, 1982 to June 30, 1991.
- The PHP 5,000 amount is also applied to deaths that occur after six months from termination of overseas employment/arrival from abroad when approved as special cases.
- The burial gratuity is increased to PHP 10,000 effective July 1, 1991 for the above-cited instances.
- Balik-Manggagawa OCWs who are entitled to insurance benefit and are covered by the program receive burial assistance of PHP 10,000.00.
Entitlement and contribution requirement
- Beneficiaries must show proof that the deceased had at least one (1) recorded contribution to the OWWA fund.
- Entitlement requires that the OCW is not covered by the OWWA insurance program that commences on July 1, 1991.
- The submission of documentary proof of entitlement is required through the application process and attached supporting documents.
Special cases beyond six months
- Deaths occurring beyond the six-month period are considered as special cases if any of the following criteria/conditions is met.
- Special case criterion includes deaths caused by an illness or injury suffered abroad or deaths caused by contract-related illness or injury.
- Special case criterion includes poverty or indigency of the deceased OCW’s family as confirmed by OWWA’s investigation.
- Special case criterion includes a situation where the OCW’s family has not availed of any monetary benefit from OWWA at the time of application for the burial gratuity.
Beneficiaries and priority of claim
- The beneficiaries of the Burial Assistance Program are determined in the following order of priority:
- Surviving Spouse
- Children
- Parents
- A person outside the priority classes who defrayed the burial expenses is entitled to the monetary assistance upon presentation of proofs acceptable to OWWA.
Application procedure and required documents
- Claimants must accomplish and submit the application forms personally or by mail to the Social Benefits of the OWWA Secretariat and/or the nearest Regional OWWA Units.
- Application forms are available at the Social Benefits of the OWWA Secretariat and at the Regional OWWA Units.
- Claimants must attach two (2) copies of the documents to the accomplished application forms.
- Required attachments include the original and xeroxed copies of the death certificate.
- For seamen officially reported as “missing at sea” and presumed dead, the claim must attach an official report from the manning agent/shipowner/charterer or Philippine foreign mission.
- For claimants belonging to tribal/cultural communities, the claim must include:
- a joint affidavit of two (2) disinterested persons who administered burial rites to establish the death of the OCW; and
- in lieu of birth/marriage certificate, a joint affidavit of disinterested persons in the community to establish the claimant’s relationship to the deceased.
- Claims must attach the applicable employment document processed and approved by POEA, consisting of one of the following: Employment contract or Notice of Employment (NOE) or Travel Exit Pass (TEP) or Overseas Employment Certificate (OEC) or Information Sheet of deceased OCW.
- Claims for land-based OCWs must attach a passport; claims for seamen must attach a Seaman Service Record Book (SSRB) or a Certificate of period of overseas employment issued by either local or foreign employer.
- Claims must attach 1" x 1" I.D. pictures of the claimant (2 copies).
- For special cases, claims must attach the appropriate medical certificate issued by the attending physician or an Investigation Report re indigency of the deceased OCW’s family.
Contests, adjudication, and decision finality
- Questions or contests on claims between or among beneficiaries are adjudicated by the Legal Department of the OWWA Secretariat.
- The decision of the Legal Department of the OWWA Secretariat for the Burial Assistance Program is final and executory.
Revisions and supersession
- MOI No. 004-94 revises MOI No. 061 (series of 1989) and MOI No. 123 (series of 1991) by establishing the revised guidelines on burial assistance.
- MOI No. 004-94 supersedes both MOI No. 061 (series of 1989) and MOI No. 123 (series of 1991) upon effectivity.