Law Summary

Introduction

This document outlines the guidelines for the issuance and use of the Artist Record Book (ARB) as per the Philippine Overseas Employment Administration (POEA) Department Order No. 3-C, dated May 31, 1994. It serves to standardize the training, testing, certification, and deployment of performing artists.

Artist Record Book Definition

• Legal Principle: The ARB is an official document attesting to a performing artist's competence as per specified job roles.
• Key Definitions:
  • Artist Record Book (ARB): A document containing an artist's training, academic qualifications, skills tests, and overseas employment history.
• Important Details:
  • Must include personal data of the artist.

Eligibility for the Artist Record Book

• Legal Principle: Only performing artists meeting specific criteria can obtain an ARB.
• Key Requirements:
  • Artists must possess a Competency Certificate from the National Manpower Youth Council (NMYC).
  • Interim requirement: A booking confirmation from a foreign employer/promoter and licensed agency is necessary.
  • Exemptions from academic and skills tests may apply if authorized by the Secretary of Labor and Employment.

Procedures for Issuance of the Artist Record Book

• Legal Principle: The process involves multiple steps to ensure eligibility and documentation.
• Key Procedures:
  1. NMYC transmits necessary documents to the POEA, including:
     • Academic and Skills Training Certificates.
     • A certified Performing Artist Information Sheet.
     • Two passport-sized photos.
  2. Artists must present original documents, including the Certificate of Competency and booking confirmation.
  3. A fee of ₱300 is required for processing the ARB.
  4. The artist's signature and thumbprints are collected upon issuance.
  5. Notification of ARB approval is sent, contingent upon employment contract approval by the POEA.

Use of the Artist Record Book

• Legal Principle: The ARB is mandatory for various employment processes.
• Key Requirements:
  • Valid ARB is required for:
    • Deployment processing by the POEA.
    • Pre-departure showcases.
    • Exit clearances at NAIA and other points.
  • If an artist changes management, the ARB must be amended by the POEA with clearance from the original training center or agency.

Grounds for Suspension or Cancellation of the Artist Record Book

• Legal Principle: ARB validity is three years and subject to revocation under specified conditions.
• Key Grounds for Action:
  • Falsification of documents or false statements.
  • Acquiring multiple ARBs without proper disclosure.
  • Tampering with the ARB.
  • Use of the ARB in violation of POEA regulations.
• Consequences:
  • Individuals involved in violations may be placed on POEA's watchlist or blacklist.
  • Lists of suspended or canceled ARBs and blacklisted individuals will be disseminated to relevant agencies.

Miscellaneous Provisions

• Legal Principle: Transition period for implementation and mandatory requirements.
• Important Timeframe:
  • The ARB becomes mandatory for contract processing starting October 1, 1994.

Key Takeaways

• The Artist Record Book (ARB) is essential for performing artists seeking overseas employment.
• Eligibility is contingent on holding a Competency Certificate and a booking confirmation.
• A structured procedure for obtaining the ARB is in place, including documentation and fees.
• The ARB is necessary for deployment and various processing requirements.
• Violations of the ARB policies may lead to suspension, cancellation, and potential blacklisting.