Title
Repatriation Assistance Program for OFWs
Law
Owwa Memorandum Of Instructions No. 003, S. 1997
Decision Date
Feb 13, 1997
The OWWA Memorandum of Instructions No. 003, S. 1997 establishes comprehensive guidelines for the immediate repatriation of Overseas Filipino Workers (OFWs) in emergency situations, ensuring their safe return without prior determination of responsibility, while creating an Emergency Repatriation Fund to cover associated costs.
repatriation
migrant workers
labor law

Legal basis and program mandate

  • The memorandum is issued pursuant to Sections 15 and 16 of Republic Act No. 8042 (Migrants Workers and Overseas Filipinos Act of 1995).
  • The memorandum implements the statutory repatriation assistance mandate for migrant workers in emergency situations.
  • The memorandum operates in consonance with the Implementing Rules and Regulations issued by the Secretary of Labor and Employment for Republic Act No. 8042.
  • The memorandum requires coordination with the Department of Foreign Affairs (DFA) and, in appropriate situations, international agencies.
  • The memorandum ties repayment and enforcement to the role of the Philippine Overseas Employment Administration (POEA) and the National Labor Relations Commission (NLRC) under Republic Act No. 8042.

Policy objective and intent

  • The memorandum establishes a repatriation program that ensures immediate repatriation of migrant workers in meritorious cases without prior determination of ultimate responsibility.
  • The program is designed to prevent migrant workers from being stranded abroad and to avoid the negative consequences of delay.
  • The memorandum directs OWWA to implement and administer repatriation assistance through specified guidelines and procedures.

Program objective and functions

  • The memorandum requires the program to facilitate compliance of the Local Agency/Principal with immediate repatriation duties, including transport of personal belongings up to the allowable free baggage allowance of the carrier.
  • The memorandum requires referral assistance for migrant workers seeking refund of repatriation costs they advanced personally to the Local Agency/Principal/Employer.
  • The memorandum requires OWWA to undertake repatriation in cases of war, armed conflicts, hostilities, epidemic, disasters or calamities, whether natural or man-made, and similar events.
  • The memorandum requires coverage even where the principal or recruitment agency cannot be identified, while still allowing reimbursement.

Coverage and target beneficiaries

  • The memorandum covers all Filipino Migrant Workers who need immediate/emergency repatriation.
  • The memorandum covers all validated requests for repatriation for whatever cause, with no prior determination of ultimate responsibility.
  • The memorandum requires that OFWs receiving emergency assistance be repatriated immediately through OWWA.

Implementing units and roles

  • The memorandum designates the Field Services Office (FSO) through the Workers Assistance Division (WAD) as a lead unit for actual repatriation activities.
  • The memorandum designates Regional OWWA Units (ROUs) as lead implementing units in their respective areas.
  • The memorandum designates the Overseas Operations Coordinating Center (OOCC) through the Philippine Overseas Labor Officers (POLOs) as lead units for overseas coordination during repatriation.
  • The memorandum assigns WAD responsibility for all cases within Metro Manila, and coordination with other ROUs and Overseas Posts.
  • The memorandum assigns the Internal Management Services Office (IMSO) overall fund management of the Emergency Repatriation Fund (ERF), including maintenance of the subsidiary book of accounts.
  • The memorandum assigns the Plans and Programs Office (PPO) to monitor and conduct timely evaluation of the program.
  • The memorandum assigns FSO and its Director to approve immediate repatriation where required in the process flow.

Emergency repatriation fund creation

  • The memorandum requires creation of an Emergency Repatriation Fund (ERF) as mandated by Republic Act No. 8042.
  • The ERF is created under the administration control and supervision of OWWA.
  • The ERF begins with an initial amount of One Hundred Million Pesos (P100,000,000.00) advanced from existing OWWA funds as provided in OWWA Board Resolution No. 96-010 dated 19 August 1996.
  • Thereafter, ERF funding must be provided yearly in the General Appropriations Act, and the appropriated amount must never be less than the amount advanced by OWWA, including outstanding balances.
  • The memorandum provides that ERF creation includes maintenance of a subsidiary account to maintain interest income through investment.

Primary responsibility, liability determination, and emergency action

  • The memorandum requires that repatriation of the worker or remains and transport of personal effects is the primary responsibility of the principal or agency that recruited or deployed the worker abroad.
  • The memorandum requires that all repatriation costs are borne by the principal or agency concerned.
  • The memorandum provides that the NLRC has exclusive jurisdiction over the ultimate determination of liability of repatriation by the Agency/Employer or the OFW.
  • The memorandum directs OWWA, coordinating with DFA and, where appropriate, international agencies, to undertake repatriation in war/hostility/armed conflict situations and in epidemics, disasters, calamities, and similar events.
  • The memorandum requires repatriation in emergencies without prejudice to reimbursement by the responsible principal or agency, with reimbursement provided within sixty (60) days notice.

Emergency criteria and additional triggers

  • The memorandum treats the following as emergency situations and uses them as criteria for POLOs to undertake immediate repatriation on any possible means:
    • There is danger to life and limb of the OFW.
    • The OFW is stranded with no employer to work with.
    • The OFW is mentally or physically ill.
    • The OFW is underage as provided under Section 16 of Republic Act No. 8042.
    • Other situations that demand immediate repatriation of the OFW.
  • The memorandum allows OWWA to cause repatriation when the principal or agency:
    • cannot be identified,
    • cannot be located, or
    • has ceased operations,
    • subject to the requirements under emergency repatriation operations.

POLO/POEA/agency duties and ticket timelines

  • The memorandum requires that when the employment agency fails to provide the ticket within 48 hours from receipt of notice, POEA shall suspend the license of the agency or impose such sanctions as POEA deems necessary.
  • The memorandum requires POEA, upon notice of repatriation from the foreign post, to act so that OWWA can advance costs with recourse to the agency or principal.
  • The memorandum states that the administrative sanction is not lifted until the agency reimburses OWWA of the repatriation cost with legal interest.
  • The memorandum requires agency reimbursement to OWWA within fifteen (15) working days upon receipt of a Reimbursement Demand Letter (RDL) from OWWA.
  • The memorandum provides that failure to reimburse within the fifteen (15) working days period grounds OWWA to take legal action in addition to POEA’s license suspension.

Repatriation cost definition and allowable charges

  • The memorandum defines repatriation cost as all attendant cost of repatriation including the following:

  • For Live OFWs, repatriation cost includes:

    • Airfare.
    • Exit Visa.
    • Penalties.
    • Travel expenses of Escorts (for medical repatriation).
    • Other reasonable expenses supported by receipts.

  • For Deceased OFWs, repatriation cost includes:

    • Airway Bill.
    • Mortuarial Charges.
    • Customs Duties.
    • Quarantine Obligations.
    • Packaging Cost.
    • Clearance Cost.
    • Other reasonable expenses supported by receipts.

ERF chargeability and timing of charges

  • The memorandum provides that all repatriation costs borne or advanced by OWWA are chargeable to the ERF subject to reimbursement from appropriate parties.
  • The memorandum provides that repatriation expenses incurred by OWWA after effectivity of the Act on August 16, 1995 are also chargeable to the ERF.

OFW refund policy and validation requirement

  • The memorandum requires that all OFWs needing emergency repatriation assistance must be repatriated by OWWA immediately.
  • The memorandum provides that OFWs are not entitled to refund from the ERF for repatriation cases that do not pass the validation process by the POLOs.

Assistance for refunds of self-advanced costs

  • The memorandum requires WAD/ROU to facilitate the timely release of OFW claims for refund by providing a checklist of documentary requirements.
  • The memorandum requires WAD/ROU to assist in the preparation of documentary requirements submitted by the OFW.
  • The memorandum requires WAD/ROU to provide a referral letter to the NLRC for the OFW’s refund claim.

Reports, databases, and monitoring cadence

  • The memorandum requires the FSO to maintain a database of OFWs assisted on the program, including tickets issued and utilized.
  • The memorandum requires the FSO to regularly prepare reports for all concerned parties.
  • The memorandum requires the IMSO to prepare monthly reports on collection for advances and other financial reports for program implementation.
  • The memorandum requires the PPO to prepare quarterly consolidated Program reports for the Administrator and the OWWA Board of Trustees.
  • The memorandum requires the PPO to monitor and timely evaluate program performance and consolidates reports from implementing units into quarterly program reports for the Administrator and the Board.
  • The memorandum requires program evaluation one year upon implementation and as necessary thereafter.

Fund management and disbursement controls

  • The memorandum requires the IMSO to manage the ERF, including maintaining the subsidiary book of accounts.
  • The memorandum requires quarterly financial reports to be made available for monitoring purposes and budget allocation from the GAA.
  • The memorandum requires IMSO to ensure proper representation with appropriate authorities for annual fund reimbursement from the GAA.
  • The memorandum directs IMSO to conduct semi-annual selection of Travel Agencies through a standard bidding process to ensure expeditious and cost-efficient processing of PTA/Tickets.

Process flow: request, verification, and repatriation

  • The memorandum allows the request for repatriation by the OFW, relative or representative, NGO, or other government offices to be filed with the ROUs, WAD, or foreign posts.
  • The memorandum allows WAD to take up cases coming from other ROUs for coordination with the foreign post, while the foreign post and WAD update the concerned ROU for proper advice to the OFW’s family.
  • The memorandum requires the Welfare Officer and/or any responsible officer at the foreign post to verify the need for repatriation and then facilitate representation with the OFW’s foreign employer.
  • The memorandum requires that if the employer fails to provide repatriation, the foreign post shall simultaneously notify OWWA and POEA.
  • The memorandum requires POEA to notify the concerned agency within 24 hours after receiving the repatriation need.
  • The memorandum requires the agency, within 48 hours, to provide the Plane Ticket or Prepaid Ticket Advice (PTA) through the FWRC or the appropriate Philippine Embassy, and to notify POEA of compliance.
  • The memorandum requires POEA to notify OWWA of the agency’s action.
  • The memorandum provides that if the agency fails to provide the ticket or PTA within the prescribed period, POEA must suspend the license or impose necessary sanctions and, within 24 hours, advise OWWA through WAD to advance the cost and effect repatriation.
  • The memorandum requires that when the agency fails to issue the PTA within 48 hours, WAD must secure approval of immediate repatriation from the FSO Director.
  • The memorandum requires that once immediate repatriation is approved by the FSO Director, the Ticket Purchase Order (TPO) and a request for other costs are forwarded to the Administrator for approval.
  • The memorandum requires that after approval of the TPO and other costs, the FSO facilitates processing dispatch of the PTA and the release of other costs.
  • The memorandum requires WAD to inform the foreign post of dispatch of the PTA and closely monitor developments.
  • The memorandum requires POLOs to have accountability over tickets issued and to closely monitor their utilization, with monthly reconciliation reporting to FSO using a form prepared by PPO.
  • The memorandum requires WAD, upon notice from the foreign post of repatriation details, to coordinate with the concerned ROU for airport assistance and to ensure retrieval of used ticket and forwarding to IMSO for payment of PTA and collection of advances.
  • The memorandum requires WAD to update and close the OFW case folder for filing and future reference.

Process flow: PTA payment and documentation basis

  • The memorandum requires WAD to prepare a disbursement voucher and forward it to IMSO for payment of dispatched PTAs within fifteen days, based on:
    • used airline ticket/jacket/standard traffic document for the return flight to the Philippines or certification from the carrier’s legal department; and
    • certification from the responsible officer of the Philippine Mission, preferably by the OWWA Welfare Officer, confirming the OFW was indeed needing repatriation.
  • The memorandum requires that the FSO maintain a database of PTAs indicating pertinent information including name, flight details, and changes from original data.

Process flow: collection of advances by OWWA

  • The memorandum requires IMSO to collect from the concerned recruitment agency based on the travel agency’s statement of account and the Philippine Mission certification confirming the OFW’s need for repatriation.
  • The memorandum requires the RDL for collection to be signed by either the Administrator or the IMSO Director.
  • The memorandum requires IMSO to maintain a database on collections, including the aging of accounts.
  • The memorandum requires IMSO to endorse to the Legal Department all collection cases beyond fifteen (15) working days from receipt of the RDL by the recruitment agency.

Process flow: referral of OFW claims for refund

  • The memorandum provides that OFWs who shouldered repatriation costs may seek refund assistance through ROUs/WAD by accomplishing an application form and submitting two (2) copies of documentary requirements to be prescribed by the NLRC.
  • The memorandum requires WAD/ROUs to prepare an official referral letter signed by the WAD Chief or the ROU Supervisor, as applicable, addressed to the NLRC Head Office/Regional Office.
  • The memorandum requires WAD/ROUs to monitor all OFW claims endorsed to the NLRC.

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