Legal basis and prior measure
- Republic Act No. 10022 authorizes the POEA Governing Board, after consultation with the Department of Foreign Affairs (DFA), to impose a deployment ban in pursuit of national interest or when public welfare so requires.
- POEA Governing Board Resolution No. 14, Series of 2014 dated July 04, 2014 imposed a temporary suspension of processing and deployment of newly-hired OFWs to Guinea, Liberia and Sierra Leone.
- POEA Governing Board Resolution No. 14, Series of 2014 also allowed processing and deployment of vacationing/returning workers to the above-cited countries.
- The DFA, through a letter dated November 27, 2014, raised the crisis alert level for Guinea, Liberia and Sierra Leone from Alert Level 2 to Alert Level 3 (Voluntary Repatriation) effective December 01, 2014.
Triggering circumstance and intent
- The deployment ban is imposed because of the spread of the Ebola Virus Disease (EVD) in West Africa.
- The DFA’s Alert Level 3 (Voluntary Repatriation) includes instructions that Filipinos are to return to the Philippines.
- The resolution recognizes that the DFA’s Alert Level guidelines provide for an absolute deployment ban once Alert Level 3 is reached.
Coverage: where and who is banned
- The resolution imposes a total deployment ban covering all OFWs bound for Guinea, Liberia and Sierra Leone.
- The ban applies to OFWs irrespective of hiring category, since the resolution states it covers all OFWs bound for the named countries.
- The named countries covered are Guinea, Liberia and Sierra Leone.
- The ban is a deployment ban for OFWs bound for those countries.
Core operative rule: absolute deployment ban
- The Governing Board resolves to impose a total deployment ban for all OFWs bound for Guinea, Liberia and Sierra Leone.
- The ban is imposed as a result of the DFA’s effective December 01, 2014 raising of the crisis alert level to Alert Level 3 (Voluntary Repatriation).
- The resolution follows the DFA guidelines that require the DOLE to impose an absolute deployment ban at Alert Level 3.
- The practical effect required by the DFA’s guidelines is that Filipinos in the covered situation are instructed to return to the Philippines.
Transitory and effectivity mechanics
- The resolution is anchored on the transition from the earlier temporary suspension under POEA Governing Board Resolution No. 14, Series of 2014 (July 04, 2014) to a total deployment ban.
- The decisive trigger used for escalation is the DFA’s November 27, 2014 letter raising the crisis alert level effective December 01, 2014 to Alert Level 3 (Voluntary Repatriation).
- The resolution is adopted on December 08, 2014 and filed on January 05, 2015.