Title
Rules on OFW On-Site Complaints and Interrogatories
Law
Dole Department Order No. 87-08
Decision Date
Jan 9, 2008
DOLE Order No. 87-08 establishes a clear process for Overseas Filipino Workers (OFWs) to file complaints and seek redress for violations of POEA Rules and Regulations, including the requirement of written complaints, investigations by POLO, and the use of written interrogatories in cases where the respondent cannot appear in person.
written interrogatories
jurisdiction
affidavit

Policy and governing intent

  • DOLE Department Order No. 87-08 establishes rules for OFW on-site complaints for violations of POEA Rules and Regulations.
  • DOLE Department Order No. 87-08 establishes guidelines for written interrogatories to on-site complainants and their witnesses through the POLO.
  • DOLE Department Order No. 87-08 directs the POLO to assist on-site complainants in preparing affidavits and receiving supporting evidence.

Definitions and parties covered

  • Overseas Filipino Worker (OFW) refers to the complainant/workers who execute on-site complaints against a foreign employer, a Philippine recruitment agency, and/or fellow OFWs.
  • POLO refers to the Philippine Overseas Labor Office that receives and processes the on-site complaint and related records.
  • POEA refers to the Philippine Overseas Employment Administration, including its Adjudication Office and OE Adjudicator handling the case.
  • Respondents include the foreign employer, Philippine recruitment agency, and fellow OFWs named in the on-site complaint.

How an OFW on-site complaint is filed

  • Any aggrieved OFW at the jobsite may execute a written and under oath complaint for violation of POEA Rules and Regulations against the foreign employer, Philippine recruitment agency, and fellow OFWs.
  • The on-site complaint must be filed with the Philippine Overseas Labor Office that has jurisdiction over the work site of the complainant.
  • The complaint must be in affidavit form, subscribed and sworn to before a Philippine Embassy or Consular official duly authorized to administer oath.
  • The complaint must contain, at minimum:
    • the name and address of the complainant;
    • the name/s and address of the respondent/s;
    • a statement under oath of the facts constituting the alleged violation;
    • the names and address of the complainant's witnesses; and
    • the specific relief sought.
  • The complaint must be accompanied by available supporting documents and a certification of non-forum shopping.
  • The POLO must assist on-site complainants in preparing affidavits and in receiving supporting evidence.
  • Filing is without prejudice to the on-site conciliation procedure.

Endorsement and initial notice by POLO/POEA

  • Upon receipt of the on-site complaint and all available supporting evidence, the POLO must endorse the entire case records properly paginated to the POEA for appropriate action.
  • The POLO’s endorsement must include:
    • an endorsement letter with recommendation addressed to the POEA Administrator, signed by the POLO officer; and
    • a table of contents identifying by pages all documents contained in the folder.
  • Immediately upon receipt of the records, the POEA must notify and furnish the respondents with a copy of the complaint-affidavit, supporting affidavits, and documentary evidence.
  • The respondents must be directed to file an answer within the period provided under the pertinent rules.

POEA docketed cases and written interrogatories

  • For cases involving complainants or witnesses working overseas, the POEA Adjudication Office must employ all reasonable means to ascertain the relevant facts and information.
  • The POEA Adjudication Office must follow the guidelines in sending written interrogatories or questions to on-site complainants and their witnesses through the POLO.
  • At any stage of the proceedings and before the case is submitted for resolution, the OE Adjudicator may motu proprio or upon written request allow written interrogatories or questions to be answered by the on-site complainant and/or witnesses.
  • The OE Adjudicator must prepare the questions to be transmitted to the concerned POLO for propounding to the on-site complainant and/or witnesses.
  • The concerned POLO must exert all reasonable effort to ensure truthful answers within fifteen (15) calendar days from receipt of the written interrogatories.
  • If the questions remain unanswered within fifteen (15) calendar days from receipt despite diligent efforts, the POLO must immediately inform the concerned OE Adjudicator, who must then proceed with the hearing and resolve the case based on the available records and evidence.
  • After receipt of the answers to the written interrogatories, the handling OE Adjudicator must furnish the respondent(s) a copy of the answers and direct them to file comments within fifteen (15) calendar days from receipt of the notice.
  • Respondents who fail to file comments within the prescribed fifteen (15) calendar days must be deemed to have waived their right to comment on the written interrogatories.

Penalties, sanctions, and enforcement consequences

  • Failure of respondents to file comments within fifteen (15) calendar days from receipt of notice must result in waiver of the right to comment on the written interrogatories.
  • If on-site interrogatories remain unanswered within fifteen (15) calendar days despite diligent efforts, the adjudicator must proceed to hearing and resolve the case based on available records and evidence.

Transitory and procedural provisions

  • The Order provides a complete procedural pipeline for overseas evidence-gathering: on-site complaint execution, POLO reception and endorsement, POEA notification to respondents, and written interrogatories through POLO.
  • The Order states its own effectivity rule through a publication-based timeline: fifteen (15) days after completion of publication in a news paper of general circulation.

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