Title
Agency Accreditation and Affidavit of Responsibility
Law
Poea Memorandum Circular No. 67
Decision Date
Jul 15, 1992
Transferee agencies must submit an Affidavit of Responsibility to assume contractual obligations for workers recruited by former agencies, with accreditation contingent on compliance, regardless of ongoing conciliation proceedings.

Law Summary

Submission of Affidavit of Responsibility

  • Agencies applying for accreditation must submit an Affidavit of Responsibility.
  • This affidavit serves as proof of the agency's willingness to assume responsibility for contractual obligations in accordance with the governing rule.

Consequences of Refusal to Execute Affidavit

  • Failure or refusal to execute the Affidavit of Responsibility will result in denial of accreditation.

Effect of Pending Conciliation Proceedings on Accreditation

  • Pursuant to Section 7 of the same Rule, ongoing conciliation regarding obligations or money claims between contracting parties will not delay or prevent the Administration from acting on accreditation applications.
  • This applies if the application fulfills all accreditation requirements and public interest dictates prompt action.

Resolution of Unsettled Claims

  • In cases where conciliation does not result in a compromise or amicable settlement, concerned parties may pursue their claims through appropriate judicial or quasi-judicial fora.

Administrative Authority and Enforcement

  • The POEA Administrator enforces these provisions and directs strict compliance to ensure responsible accreditation and protection of workers' rights.

Summary of Key Points

  • Transferee agencies must assume obligations of former agencies.
  • Affidavit of Responsibility is mandatory for accreditation.
  • Accreditation can proceed despite pending conciliations if public interest demands.
  • Unresolved disputes can be litigated after conciliation fails.
  • Non-compliance leads to accreditation denial.

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