DMW-DO-04-2023 — Guidelines on the Implementation of the Agarang Kalinga at Saklolo para sa mga OFW na nangangailangan (AKSYON) Fund

DEPARTMENT OF MIGRANT WORKERS

Administrative Services

Bepartment of Aligrant Mqrhersan 2. 2o me 1o.so am. Blas F. Ople Building, Ortigas Avenue cor. EDSA,Mandaluyong City 1501 Republic of the Philippines RECEIVED By: SHEENA'M. ACUESTA

DEPARTMENT ORDER NO. 0 4

Series of 2023

AGARANG KALINGA AT SAKLOLO PARA SA MGA OFW NA GUIDELINES ON THE IMPLEMENTATION OF THE

NANGANGAILANGAN(AKSYON) FUND

as the Department of Migrant Workers Act, the duty of the State to protect the rights and promote the welfare of Overseas Filipino Workers (OFWs) and their families is affirmed WHEREAS.pursuant to Section 2 of Republic Act No.11641,otherwise known

regardless of their legal status. by ensuring the provision of timely and responsive services to address their needs

Agarang Kalinga at Saklolo para sa mga OFWs na Nangangailangan (AKSYON) Fund to provide legal and other forms of assistance to OFWs. WHEREAS, Section 14 of the Department of Migrant Workers Act established the

guidelines for the proper and efficient utilization thereof. authority and responsibility to administer and manage the AKSYON Fund and issue WHEREAs,the Secretary of the Department of Migrant Workers is vested with the

conducted to gather adeguate inputs in the formulation of the guidelines and support the effective implementation and efficient use of the AKSYON Fund. WHEREAS, extensive consultations with relevant stakeholders have been

Affairs (DFA) for the provision of legal and other forms of assistance to OFWs in areas without an established Migrant Workers Office. WHEREAS, the DMW shall coordinate'closely with the Department of Foreign

utilization of the AKSYON Fund. The Guidelines provides for the coverage, availment Filipino Workers (OFWs) at Foreign Service Posts (FSPs) where the Migrant Workers procedures and administrative mechanisms to carry out the assistance to Overseas Offices (MWOs) have been established and staffed. WHEREFORE, this Guidelines is hereby issued to ensure the proper and efficient

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COVERAGE ARTICLEI

All OFWs,whether land-based or sea-based, documented or undocumented,regardless of immigration status, who need medical, financial, psycho-social, legal, rescue repatriation assistance, or any other kind of analogous interventions, including the transport of human remains are entitled to avail of the benefits or assistance provided for by the AKSYON Fund. The next kin of OFWs in distress or families left behind as defined herein can also avail of humanitarian assistance through the AKSYON Fund

DEFINITION OF TERMS ARTICLE I

For the purpose of this Guidelines, the following terms are hereby defined as -

AKSYON Fund -refers to the Agarang Kalinga at Saklolo para sa mga OFWs na Nangangailangan (AKSYON) Fund or the fund created under Section 14 of R.A. No. 11641 to provide legal, medical, financial, and other forms of assistance to Overseas Filipino Workers, including repatriation, shipment of remains,evacuation,rescue and any other analogous intervention to protect the rights and promote the welfare of Filipino migrant workers.

2. provincial or field offices and Migrant Workers Offices. Department - refers to the Department of Migrant Workers and its regional,

3 Employer-refers to a person,partnership or corporation that directly signs an

as well as repatriates hired Overseas Filipino Workers.It may also refer to the Foreign Piacement Agency (FPA) or the principal. employment contract and employs and pays salaries and benefits of workers,

4 Families left behind - refers to the next of kin of OFWs in distress.

5 FPA-refers to a Foreign Placement Agency for land-based workers,which is

country to engage in the recruitment of foreign workers for placement with their any single proprietor,partnership or corporation duly-licensed in the host clients.

6 Legal assistance - refers to MWOs' assistance to OFWs, including but not

appearance fees and other related fees, litigation expenses, posting of bail, immigration fees, penalties and fines as stated in the decisions/orders of the limited to hiring or engagement of lawyers, payment of attorney's fees penalties and incidental expenses as imposed by the host country. court and other appropriate agencies of the host country,and payment of other

7. LMA -refers to a Licensed Manning Agency for sea-based workers

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8.LRA-refers to a Private Recruitment Agency or Licensed Manning Agency

9 MWo- refers to the Migrant Workers Office or the overseas operating arm of

the Department.

10.MW Officer-refers to the Head of the Migrant Workers Office.

11.MWOOSB-refers to the Migrant Workers Offices Operations Support Bureau

12.MW Staff Officer- refers to the duly-hired or duly-engaged personnel of the

MWO tasked to provide welfare and protection services to the OFWs.

13.Overseas Filipino Worker(OFW)-refers to a Filipino who is to be engaged

naturalization, recognition, or admission, whether land-based or sea-based regardless of status; excluding a Filipino engaged under a government- is engaged, or has been engaged in remunerated activity in a country of which he or she is not an immigrant, citizen, or permanent resident or is not awaiting recognized exchange visitor program for cultural and educational purposes.

covers a person who has been contracted for overseas employment but has yet to leave the Philippines, regardless of status, and includes Overseas Contract Workers".The term "OFW" is synonymous to Migrant Worker" For purposes of this Guidelines, a person engaged in remunerated activity

14.OFWs in distress -refers to an Overseas Filipino Worker,whether land-based

or sea-based, documented or undocumented, regardless of immigration

abuse or exploitation, such as victims of illegal recruitment and/or trafficking in status,who has a medical, psychosocial,or legal problem,or is experiencing

persons,or whose human rights are being violated,or is in a country in actual or potential war,civil unrest,pandemic or other analogous circumstances and situations, and reguires medical treatment, hospitalization, counseling, legal

kind of analogous intervention, including the repatriation of human remains. representation, rescue, food and accommodation, repatriation, or any other

15.OFWs with Pending Cases-refers to OFWs who have pending cases before judicial,quasi-judicial bodies, tribunals,or offices at the host country,including but not limited to labor disputes or problems, immigration problems, cases of exploitation and other crimes.

16.OWWA - refers to the Overseas Workers Welfare Administration and its

regional, provincial or field offices.

17.PRA-refers to a Philippine Recruitment Agency for land-based workers

18.Principal- refers to the employer or to a person, partnership or corporation

engaging and employing seafarers through a licensed manning agency.

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19.Regional Offices- refers to the Department's regional, provincial, or field offices in the different administrative regions of the country.

20.Reguest for Assistance -refers to legal,medical,repatriation and other forms

of assistance for OFWs in distress from the OFW himself or herself, families

community leaders and/or organizations, among others. left behind,other government agencies,non-government organizations,media and other social platforms,OFW advocates,civil society organizationsFilipino

21.Seafarer - refers to an OFW who is engaged in employment in any capacity

defined under relevant maritime conventions,and shall also include cruise ship on board a merchant marine vessel plying international waters or other sea- fishers onboard commercial fishing vessels on international waters or as based craft of similar category. For purpose of this Guidelines,it shall include

the high seas, and other persons similarly situated. personnel, yacht crew, those serving on mobile off-shore and drilling units in

FUND ADMINISTRATION ARTICLE II

The Fund shall be administered by the Undersecretary for Foreign Employment and Welfare Services pursuant to Section 9b(4) of RA 11641. As Fund Administrator, the Undersecretary shall authorize disbursements from the Fund upon recommendation of

the Secretary. the concerned Head of the Migrant Workers Office (MWO) and/or upon endorsement of

The approved amount of assistance may be released in full or in tranches based on the recommendations of the concerned Head of MWO for all assistance at post, or of the

OFWs in the Philippines. Fund Administrator in the case of financial assistance to children/families of distressed

FORMS AND SCOPE OFASSISTANCE ARTICLE IV

Section 1. Forms of Assistance. The Fund shall provide legal and other forms of assistance to OFWs as mandated by Section 14,RA 11641. These forms of assistance include:

a. Legal assistance to any OFW in distress, who is a party to a civil, criminal, labor or other dispute at the host country and who is unable to

engage the services of a private counsel in a country where there is no system of legal aid or public defenders nor access to counsel de officio or any lawyer provided by the host government.

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and shall determine the authorized amount of legal fees,scope of services and other pertinent matters relative to the legal representation for and in behalf of the OFWs in distress. The MWO shall be authorized to retain the services of a lawyer or law firm

Legal assistance may be in the form of referral or networking with lawyers, non-government organizations,and other service centers. The MWO is authorized to enter into partnership agreements in the provision of legal assistance.

Legal assistance shall include but shall not be limited to the following cases

1. Those arising from an employer-employee dispute, immigration case, police case, or other analogous legal proceeding including, among others,an action for tort or civil damages, immigration detention, other

or her liberty, or seek redress for injury, as provided under the laws of necessary for the OFW in distress to enforce his or her right, protect his detention by foreign government authorities or other legal proceedings the foreign host country, under international law or Philippine law;

2.In criminal cases where the OFW in distress is charged with an offense

punishable by death or life imprisonment;

3. Trafficking in persons,while cases are pending, including assistance to their families, inclusive of reasonable costs for travel and expenses to

and from countries or jurisdictions where trafficking occurs;

4.In cases where both parties to a case are Filipinos,legal assistance

shall be made available to the party who is on a prima facie basis aggrieved or has suffered an injustice, as may be evaluated and

the Migrant Worker Officer; assessed by the MW Staff Officer or Welfare Officer and approved by

5. Immigration cases for purposes of repatriation; and

6.Other analogous cases subject to the evaluation and assessment of the the Undersecretary for Foreign Employment and Welfare Services MW Staff Officer and approval by the Migrant Worker Officer/Office of

b. Medical assistance to OFWs in distress in connection with their examination, treatment,hospitalization, rehabilitation and repatriation

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c.Repatriation;

d. Financial assistance to the family and/or children of OFWs in distress

with pending cases onsite, including families of victims of trafficking in persons;

e. Shipment and transport of human remains;

f. Rescue and evacuation; or

g. Any other analogous intervention, including humanitarian assistance, tol

protect the rights, interests and welfare of the workers and their families

families of victims of trafficking in persons during the pendency of such TIP cases. who are living with the OFWs in distress at the host country, including

PROCEDURES FOR AVAILMENT ARTICLEV

provision of legal assistance to OFWs in distress. Section 2.Provision of Legal Assistance.The following procedures shall guide the

a) Filing of application by OFWs in distress with the MWO

1. Filing of applications, inclusive of pertinent documents,may be done either in

person or virtually, through email or through other forms of communication by the OFW in distress,with the MWO where the OFW is located

2. The MW Staff Officer shall assess and evaluate the submitted application and of three (3) days, unless the case of the OFW in distress requires extreme urgency. submit his/her recommendation to the Migrant Worker Officer and the Undersecretary for Foreign Employment and Welfare Services within a period

3. Upon approval, the Migrant Worker Officer shall endorse the necessary legal

assistance to the retained lawyer or law firm, and communicate the action taken to the requesting OFW in distress.

4. The accountable officer of the MWO shall prepare the necessary documentation

for the payment of legal fees for approval by the Migrant Worker Officer.

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b) Initiative by the MW Staff Officer

1.The MW Officer handling the case of an OFW in distress may recommend the provision of legal assistance to the Migrant Worker Officer. In applicable cases, the MW Staff Officer shall observe the guidelines on conciliation-mediation prior

to such recommendation.

2. The period for evaluation by the MW Staff Officer shall be within three (3) days from receipt of the request for assistance(RFA),unless the case of an OFW in

distress reguires extreme urgent intervention.

3. Upon approval of the request, the Migrant Worker Officer in cases outside the to the requesting OFW in distress. Philippines or the Undersecretary for Foreign Employment and Welfare assistance to the retained lawyer or law firm,and communicate the action taken Services in cases within the Philippines, shall endorse the need for legal

c) Request for Assistance from Families Left Behind

1. Filing of requests for assistance may be done by the families left behind at the

DMW or OWWA, either in person or through email or other forms of communication, inclusive of pertinent documents.

2. Within twenty-four (24) hours from receipt of the request for assistance, the

DMW or OWWWA officer shall transmit the reguest for assistance through official correspondence or email to the concerned MWO where the OFW in distress is Iocated.

3. The period for evaluation by the MW Staff Officer shall be within three (3) days

from receipt of the request for assistance (RFA), unless the case of an OFW in distress reguires extreme urgent intervention.

4. Upon approval of the request, the Migrant Worker Officer in cases outside the Services in cases within the Philippines, shall endorse the need for legal Philippines and/or the Undersecretary for Foreign Employment and Welfare

to the requesting OFW in distress. assistance to the retained lawyer or law firm,and communicate the action taken

d) Administration of Oath

to administer oaths free of charge. availment of the Fund for legal assistance, Migrant Worker Officers are authorized To expedite the process in the preparation of supporting documents relative to the

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Section 3.Medical Assistance and Repatriation of Physically or Mentally Ill OFWs

to OFWs in distress and/or facilitate their repatriation when warranted in distress. The following procedures shall be followed in providing medical assistance

1.The MW Staff Officer or Welfare Officer receives the request for medical

assistance or repatriation of the physically or mentally ill OFW. The request may come from the OFW, NOK or other referring client, either in person through email or other forms of communication.

2. The MW Staff Officer or Welfare Officer shall evaluate the request and report

his or her recommendation to the Migrant Worker Officer within three(3) days

to the requesting party. from receipt of the RFA.The action taken shall be communicated accordingly

3 Upon receipt of the report, the Migrant Worker Officer shall refer the OFW in

MW Officer or Welfare Officer shall conduct hospital or home visitations and monitor the condition of the OFW in distress. distress to the appropriate medical institution for assistance and treatment. The

O In the event that the LRA or employer will not shoulder the medical bills of the

OFW in distress and in instances when the OFW in distress is no longer covered by mandatory insurance under Republic Act No.8042,as amended by Republic Act No. 10022 and other applicable health insurance arrangements at the host country,or by a Collective Bargaining Agreement,or pursuant to the provisions of the Maritime Labor Convention, International Guidelines on Medical Repatriation, or Flag State or Port State regulations, the MW Staff Officer or Welfare Officer shall recommend that the said costs be charged to the AKSYON Fund.

5 Once a fit to travel clearance has been issued by the attending physician in the

host country,the MW Staff Officer or Welfare Officer shall coordinate with the

but not limited to oxygen installation, stretcher cases, medical escort and expenses related to the medical repatriation of the OFW in distress, such as ambulance conduction. LRA or employer to facilitate the issuance of the exit visa,plane ticket and other

6. In the event that the LRA or employer is uncooperative or refuses to shoulder

the costs of the medical repatriation, the MW Staff Officer or Welfare Officer shall recommend to advance the said costs using the AKSYON Fund to the Migrant Worker Officer, for the latter's endorsement to the Undersecretary for Foreign Employment and Welfare Services, subject to reimbursement of the costs by the LRA or employer and the imposition of appropriate administrative sanctions against the LRA or employer before the DMW.

Any costs pertaining to medicine, use of medical devices or equipment, laboratory fees,and transportation going to and from the hospital onsite, and

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OFW in distress shall be covered by the AKSYON Fund. related fees in connection with the post repatriation of physically or mentally ill

In the event that a physically or mentally ill and repatriated OFW in distress

Inter-Agency Medical Repatriation Assistance Program (MRAP) through the requires hospitalization in the Philippines, the OFW shall be endorsed to the Department of Health (DOH).

Section 4.Regular Repatriation of OFW in distress with their personal effects

1. The MW Staff Officer or Welfare Officer receives the request for repatriation

The MW Staff Officer or Welfare Officer shall evaluate the request and report from the OFW in distress, the NOK or other referring client, either in person his or her recommendation to the Migrant Worker Officer within three (3) days through email or other forms of communication.

from receipt of the RFA, unless the case of the OFW in distress requires extreme urgency. The action taken shall be communicated accordingly to the requesting party.

3. Upon receipt of the report, the Migrant Worker Officer shall inform the LRA andl

employer on the request for repatriation in order to facilitate the processing of the reguired travel documents, such as the exit visa, immigration documents and plane ticket.

4. In the event that the LRA or employer is uncooperative or refuses to issue the required plane ticket or shoulder the costs of repatriation, the MW Staff Officer reimbursement of the costs by the LRA or employer and the imposition of or Welfare Officer shall recommend to advance the said costs using the AKSYON Fund to the Migrant Worker Officer for endorsement to the Undersecretary for Foreign Employment and Welfare Services, subject to

appropriate administrative sanctions against the LRA or employer before the DMW.

Section 5. Transport of shipment of human remains of the OFW in distress

1. The MW Staff Officer or Welfare Officer receives the request for repatriation of

the remains of the OFW in distress from the NOK or a referring party,either in person, through email or other forms of communication.

2. The MW Staff Officer or Welfare Officer shall evaluate the request and report

his or her recommendation to the Migrant Worker Officer within three (3) days

to the requesting party. from receipt of the RFA. The action taken shall be communicated accordingly

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3. After verifying the location and other conditions relative to the human remains LRA or employer and the NOK for the latter's submission of the letter of of the OFW in distress,and after obtaining appropriate clearances from the host country, the MW Staff Officer or Welfare Officer shall coordinate with the acceptance and other pertinent documents to the DMW.

4. The Migrant Worker Officer shall direct the LRA or employer to facilitate the

repatriation of the human remains of the OFW in distress, including his or her personal effects and domestic transfer to the residence of the receiving NOK.

5. In the event that the LRA or employer is uncooperative or refuses to shoulder the costs of repatriation of human remains of the OFW in distress to the effects, the MW Staff Officer or Welfare Officer shall recommend to shoulder residence of the receiving NOK, including transport of his or her personal

the costs of repatriation using the AKSYON Fund to the Migrant Worker Officer for endorsement to and to the Undersecretary for Foreign Employment and Welfare Services, subiect to~the reimbursement of costs from the LRA or

sanctions against the LRA or employer before the DMW. employer, if applicable, and the imposition of appropriate administrative

6. The funeral, cremation and other related expenses pertaining to deceased OFWs in distress shall be charged to the AKSYON Fund.

Section 6. Financial assistance for families and/or children of OFWS in distress with pending cases onsite.

a. Qualifications and Procedure

Families and/or Children of OFWs in distress with pending cases onsite shall be provided financial assistance, subject to the following conditions:

1. The Financial Assistance shall be Ten Thousand Pesos (Php10.000.00 fol

one (1 child each from a qualified OFW in distress with a pending case onsite

2. The beneficiary, who must be below 20 years of age at the time of the in distress. availment of the financial assistance,must be a child or dependent of the OFw

3. For funding purposes, all MWOs shall submit a master list of qualified dependents to the DMW for indorsement to the respective Regional Offices.

4. The Regional Offices shall evaluate the indorsed master list of qualified

dependents together with other related documents and submit their recommendations to the Undersecretary for Foreign Employment and Welfarel Services for approval.

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5. The financial assistance payment shall be in the form of cash,check, or other

allowable remittance channels

ARTICLEVI MONITORING,EVALUATION AND REPORTORIAL REQUIREMENT

Section 7.Reporting.The MWOs shall submit daily reports on the number of processed and approved applications and the amounts of legal and other forms of assistance provided, among others, to the MWOOB.

as may be deemed necessary by the Secretary. Section 8. Monitoring and Evaluation. All reports shall be consolidated and evaluated by the MWOOB and shall be submitted to the Secretary of DMW through the report to the Secretary on the implementation of this Guidelines every thirty (30)days or Undersecretary for Foreign Employment and Welfare Services who shall provide a written

FUND SOURCE ARTICLE VII

The AKSYON Fund shall be sourced from the General Appropriations Act to provide assistance to OFWs in distress at Foreign Services Posts where MWOs have been established and staffed, subject to the usual accounting and auditing rules and regulations.

address requests for assistance of OFWs in distress.In excess of the amount allocated Every MWO shall be allocated a revolving fund from the AKSYON Fund to immediately

DMW Secretary, through the Undersecretary for Foreign Employment and Welfare Services. the Migrant worker Officer shall recommend approval of the additional funding to the

RULE-MAKING AUTHORITY ARTICLEVIII

stakeholders, issue circulars or issuances to further elaborate or implement Section 14 of The Secretary of the Department of Migrant Workers may, after due consultation with

R.A. No. 11641.

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MISCELLANEOUS PROVISIONS ARTICLE IX

Section 9.Repealing Clause.All other laws, decrees,orders, rules and regulations or parts thereof inconsistent with this Guidelines are hereby repealed or modified accordingly.

Section 10.Separability Clause.Should any provision herein be subsequently declared unconstitutional, the same shall not affect the validity or legality of the other provisions.

Section 11. Effectivity. This Guidelines shall take effect fifteen 15 days after its complete publication in two (2) newspapers of general circulation and the filing of three (3) certified copies with the University of the Philippines Law Center - Office of the National Administrative Register.

Approved this2 7 day of Ft bA Ry 2023

MARIA SUSANAN Secretary

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