Establishment of OWWA Legal Assistance Fund for OFWs

The OWWA LAF is designed to provide free legal services to OFWs on-site.
The Fund is intended to provide logistical support to pursue cases in the appropriate judiciary institutions in the worksite.
Utilization of the OWWA LAF is directed toward effecting an offensive strategy in pursuing justice for the OFW.
The Fund is structured to avoid overlap with cases filed by the Assistance to Nationals Unit (ANU) of the Philippine Embassy, so that OWWA’s effort focuses on the specified thrust for OFW litigation.

The OWWA LAF covers cases involving OWWA active members on-site that are elevated to the proper courts after all administrative remedies have been exhausted.
The Fund covers cases involving legal officers and other services attendant to resolution of the case for welfare matters pursued at POLO worksites.
The OWWA LAF may cover criminal cases where the OFW is the complainant.
Criminal cases with a criminal component that are covered by the DFA LAF must be endorsed to the Assistance to the National Unit (ANU) of the Philippine Mission for proper disposition.
The Fund is used exclusively for the defined categories of legal assistance listed in the implementing mechanics section.

The OWWA LAF pays the fee for a competent private foreign counsel providing legal service not to exceed US Dollars 3,000.00 (US$3,000.00) per case.
For labor cases involving two or more workers against the same employer, the cases must be considered one case for purposes of the counsel fee limitation.
The OWWA LAF pays court fees not exceeding US DOLLAR 500.00 (US$500.00) per case.
The OWWA LAF pays charges and other reasonable litigation expenses not to exceed US Dollar 3,000.00 (US$3,000.00) per case.
The OWWA LAF pays travelling expenses of case officers traveling outside its post of origin, including reasonable transportation expenses, per diems, and hotel expenses in accordance with the UN daily subsistence allowance and or actual expenses incurred, subject to existing rules and regulations.
The OWWA LAF pays the actual cost of communication expenses in connection with legal assistance cases.
In case of recovery, the total amount spent must be reimbursed from the proceeds/judgment money, but the reimbursement is not to exceed 30% of the total award or the proceeds of amicable settlement, if applicable.

A Welfare Officer must request approval for the release of the amount needed for the case.
The Welfare Officer’s request must attach Case History/documentation.
The request must attach a POLO certification stating that administrative remedies have been exhausted, including access to pro-bono legal services, Shariah lawyer, or lawyer charging on contingent cases, and that the case is meritorious.
The request must be endorsed by the Head of the POLO to the OWWA Head Office for evaluation.
The request must be evaluated by the Legal Staff at the OWWA Head Office, which must recommend appropriate action to the Administrator.
For requests found to be meritorious, funds must be released to the Welfare Officer for proper disbursements, subject to usual accounting and auditing procedures.
The recovery of legal fees must be included in the total compensation/damages that will be claimed from a damage suit filed by the worker.

An initial budget amount of TEN MILLION PESOS (Php 10,000,000.00) is allocated for the program.
The initial allocation is released on a staggered basis or on a need basis.
The allocation must be replenished when necessary.