1. THE NEW OMNIBUS RULES AND
REGULATIONS IMPLEMENTING
THE MIGRANT WORKERS AND
OVERSEAS FILIPINOS ACT OF
1995, AS AMENDED BY REPUBLIC
ACT NO. 10022
2. Republic Act No. 10022
• R.A. 10022 is the new law that amends the
Migrant Workers and Overseas Filipinos Act
of 1995 or Republic Act No. 8042.
• It lapsed into law on 08 March 2010, and was
published on 23 April 2010.
3. Implementing Rules and Regulations R.A. 8042,
as amended by R.A. 10022
• Signed 8 July 2010 by DFA, DOLE, DOH, NLRC,
and IC.
• Published on 29 July 2010, takes effect on 13
August 2010.
• Defines the government’s Migration
Management Program, with specified measures
for the better protection of migrant workers.
• Identifies the government agencies involved in
this protective Migrant Management Program,
with specified roles for each agency.
4. Declaration of Policies
• Emphasis on stronger bilateral multilateral
relations with receiving countries, for better
protection of OFWs.
• Expanding free access of workers to free skills
and livelihood programs.
5. Definition of Terms
A. OFWs includes legal residents/immigrants
B. Seafarers
C. Employment Contract
D. Contracted workers
E. Head or manage
F. Joint and several liability
G. Bona fide NGOs
6. Refers to a person who is to be engaged, is engaged, or has
been engaged in a remunerated activity in a state of which
he or she is not a citizen; or on board a vessel navigating
the foreign seas other than a government ship used for
military or non-commercial purposes, or on an installation
located offshore or on the high seas.
A “person to be engaged in a remunerated activity” refers
to an applicant worker who has been promised or assured
employment overseas .
OFW or Migrant Worker
7. Criteria for Host Countries
to Guarantee OFW Protection
Host countries must have either: labor and social
laws that protect migrant workers OR ratified
multilateral conventions, declarations, or
resolutions OR bilateral agreements or
arrangements with the Philippine government.
In addition, the receiving country must have
“positive, concrete measures” to protect the rights
of OFWs.
8. Criteria for Host Countries
• Within 90 days from effectivity of IRR, the DFA shall issue
certifications on host countries that comply with the
aforementioned criteria. For destinations with no Philippine
embassies 120 days
• Status quo deployment till the 90 and 120 day periods
• Based on the DFA certification, the POEA Governing Board
shall issue a board resolution allowing deployment to
complying host countries.
• Based on the POEA Governing Board Resolution, relevant
POEA units shall process contracts and documents
pertaining to OFWs bound for complying host countries.
• Penalties for violation by government employees.
9. Liability of the Members of the POEA Governing
Board, Government Officials and Employees
• POEA Governing Board who actually voted in
favor of a Resolution allowing the deployment
of migrant workers without the DFA
certification shall suffer the penalties of
removal or dismissal from service with
disqualification to hold any appointive public
office for five (5) years.
10. • The government official or employee
responsible for the issuance of the permit or
for allowing the deployment of migrant
workers in violation and in direct
contravention of a Resolution by the POEA
Governing Board prohibiting deployment
shall be meted the same penalties.
Liability of the Members of the POEA Governing
Board, Government Officials and Employees
11. Illegal Recruitment
• Inclusion of additional acts of illegal recruitment,
such as reprocessing of OFWs for inexistent work;
and allowing a foreigner to head or manage a
licensed recruitment agency.
Head or manage refers to the following acts:
1. Control and supervise the operations of the agency or
branch thereof of which they are employed; or
2. Exercise the authority to hire or fire employees and lay
down and exercise management policies of the agency or
branch thereof.
12. Illegal Recruitment
• Inclusion of prohibited acts pertaining to:
a) OFW placement fee loans with interest rates over
8%;
b) refusal to condone or renegotiate a loan incurred
by an OFW if the he/she has been prematurely
terminated through no fault of his/her own; and,
c) compulsory and exclusive medical examination,
loan, and training arrangements.
13. • Increase of penalties for illegal recruitment from 6-12
years to 12-20 years imprisonment, increase in fines
from 200T-500T to 1M-2M; increase in fines and life
imprisonment for large scale illegal recruitment
• Affidavits and testimony of operatives or personnel from
DOLE, POEA who witnessed IR sufficient to prosecute
• DOJ prosecutors may allow collaboration with POEA
lawyers POEA may take the lead
• Officers having ownership responsible for commission of
IR criminally liable
Illegal Recruitment
14. Anti-Illegal Recruitment Programs
• Legal assistance to victims, prosecution of illegal
recruiters, operation and surveillance of illegal
recruitment activities
• Added capability of POEA lawyers to collaborate
with DOJ prosecutors in illegal recruitment cases
• Prosecution of cases with POEA operatives as key
witnesses, even if private complainant or victim has
desisted
• Institutionalizing the role of local government units
(LGUs) in the fight against illegal recruitment
15. Money Claims of OFWs
• Original and exclusive jurisdiction over money
claims of OFWs
• Inclusion of voluntary arbitration as an option for
OFWs covered by CBAs with voluntary arbitration
clauses
• NLRC to keep abreast with developments in the
global services industry
• Award of back salary for illegal dismissed OFWs
3-month option restored
16. The Role of POEA
• Regulate private sector through licensing and regulation
system
• Formulate and implement a system of promoting and
monitoring overseas employment
• Secure best possible terms and conditions for OFWs
needs of vulnerable sectors and peculiarities of land-
and sea-based
• Recruit and place workers G to G, “such other
employers as public interests may require” Foreign
Employers Guarantee Trust Fund
• Jurisdiction over pre-employment/recruitment violation
and disciplinary action cases
17. • Disqualification of employers who fail to satisfy
a final judgment by the NLRC, and those who
fail to honor Phil med exam results
• Automatic revocation of license to recruit
deployment of underage migrant worker,
making an OFW pay for compulsory insurance
premiums
• Increase of fine payments from P10,000 to
P50,000
The Role of POEA
18. • Continue and formulate and implement welfare
programs for OFWs and their families
• Ensure awareness of programs
• Welfare Officers on-site assistance,
conciliation
• Repatriation if agencies fail to repatriate, with
recourse to such agencies
• Supervise the NRCO
The Role of OWWA
19. Repatriation
• Primary responsibility for repatriation with the
principal or employer and licensed recruitment
agency
• Mechanisms for repatriation 48-hour notice
for agencies to repatriate, 15 days for countries
with exit visa requirements
• Suspension of documentary processing of
agencies that do not comply with the above-
stated notices.
20. Migrant Workers and Other Filipino
Resource Center
• Requiring additional personnel (psychologist,
Shari’a or human rights lawyer, social worker)
based on conditions set by the law
• Under POLO-Labor Attache supervision
• Defining bona fide NGOs in the Center as
recognized active partners by the Philippine
embassy
21. National Reintegration Center
for OFWs
• Institutionalizing the NRCO that strengthens the
erstwhile Replacement and Monitoring Center
• Tasked to provide OFWs the mechanism for
reintegration into Philippine society, serve as a
promotion house for their local employment, and
tap their skills and potentials for national
development.
22. Regulation of Medical Clinics
and Medical Examination of OFWs
• Protect OFWs from abusive practices by medical
clinics, regarding fees and procedures in
accordance with international standards
• Disqualification of foreign employers who do not
honor valid medical results
• DOH to issue pertinent specific guidelines within
sixty (60) days
23. Role of DFA
• Assistance to nationals as a pillar of Philippine
foreign policy
• International, bilateral initiatives to protect
OFWs
• One Country Team Approach
24. Role of DFA-OUMWA
• Legal Assistant for Migrant Workers Affairs
• Over-all coordination of all legal assistance
services to OFWs
• Legal Assistance Fund payment of attorney’s
fees to foreign lawyers for representing OFWs
facing criminal and labor cases, as well cases
filed against erring or abusive foreign employers
25. Compulsory Insurance
• Coverage of agency-hired workers for accidental death, natural
death, permanent total disablement, repatriation costs, subsistence
allowance benefit, money claims, compassionate visit, medical
evacuation, and medical repatriation
• Payment of premiums by the recruiter cancellation of license if
payment passed on to OFW
• For accidental or natural death, permanent total disablement
payment to OFW or beneficiaries without any contest and without
necessity of proving fault or negligence on the part of the insured
OFW
• Inter-agency committee headed by the Insurance Commission to
craft necessary rules and regulations on underwriting, premium
costs, a uniform standard policy, etc. rules to be issued within 30
days from 13 August 2010
26. Documentary Stamp Tax
• Exemption on remittances upon showing of
proofs of entitlement POEA Overseas
Employment Certificate or OWWA Membership
Certificate
• BIR to issue Revenue Regulations
27. POEA and OWWA Boards
• More transparent procedure for selection of
sectoral members (sea-based, land-based,
women) to the Boards
• Selection and Screening Committees
• Includes OFW representative selection to Boards
of GOCCs (e.g. Philhealth, Pag-Ibig)
28. Funding
Agencies or departments charged with carrying
out provisions of the Act shall include their
respective programs in implementation of the
Act for GAA
29. DEROGATORY RECORD
Refers to the existence of negative information
such as, but not limited to, illegal recruitment,
falsification, swindling or estafa, and/or conviction
for crimes involving moral turpitude
30. ENTITIES PROHIBITED FROM ENGAGING IN
RECRUITMENT
• Travel agencies and sales agencies of airline companies;
• Officers or members of the Board of any corporation or
members in a partnership engaged in the business of a
travel agency;
• Corporations and partnerships, when any of its officers,
members of the board or partners, is also an officer,
member of the board or partner of a corporation or
partnership engaged in the business of a travel agency;
31. ENTITIES PROHIBITED FROM ENGAGING IN RECRUITMENT
• Persons, partnerships or corporations which have
derogatory records, such as but not limited to the following;
1.Those certified to have derogatory record or information
by the NBI or by the Anti-Illegal Recruitment Branch of
the POEA;
2.Those against whom probable cause or prima facie
finding of guilt for illegal recruitment or other related
cases exists;
3.Those convicted for illegal recruitment or other related
cases and/or crimes involving moral turpitude;
32. ENTITIES PROHIBITED FROM ENGAGING IN RECRUITMENT
• Any official or employee of the DOLE, POEA,
OWWA, DFA, DOJ, DOH, BI, IC, NLRC, TESDA, CFO,
NBI, PNP, Manila International Airport Authority,
Civil Aviation Authority of the Philippines, and
other government agencies involved in the
implementation of the Act, regardless of the status
of his/her employment.
• Any of the above mentioned relatives within the 4th
civil degree of consanguinity or affinity.
33. ENTITIES PROHIBITED FROM ENGAGING IN RECRUITMENT
• Persons or partners, officers and directors of
corporations whose licenses have been
previously cancelled or revoked for violation of
recruitment laws.
