DMW-DC-03-2026 — PROMULGATING THE RULES OF PROCEDURE IN THE ADJUDICATION OF CASES IN THE DEPARTMENT OF MIGRANT WORKERS

Mepartment of Aliarant Morkers Republic of the Philippines

Blas F. Ople Building,Ortigas Avenue cor. EDSA, Mandaluyong City 1550 Website:www.dmw.gov.phlEmail foornar phtHot 8722 11S2, 8722 TISS,8822 T59, 8724 3665 BAGONG PILIPINAS

DEPARTMENT CIRCULAR NO. 0 3

PROMULGATING THE RULES OF PROCEDURE

IN THE ADJUDICATION OF CASES IN THE DEPARTMENT OF MIGRANT WORKERS

WHEREAS,Republic Act No.11461 (R.A.No.11641) or the Department of Migrant Workers Act was signed into law on December 30,2021 and took effect on February 3, 2022;

WHEREAS, Section 8 (c) of R.A. No. 11641 provides that the Secretary shall have the power to issue orders, directives, rules, regulations, and other issuances, upon due consultation with stakeholders, to carry out policies, plans, programs, or projects pursuant to the provisions of R.A. No. 11641, and exercise such other powers as may be reguired to implement and realize the objectives of the said law;

WHEREAS, on April 4, 2022, the Implementing Rules and Regulations of the Department of Migrant Workers Act was issued operationalizing the provisions of R.Al No. 11641

WHEREAS, the last paragraph of Section 51 Rule XV of the Implementing Rules and Regulations of Republic Act No. 11641 stated that the "Department shall promulgate Rules of Procedure on Adjudication of Cases. The Undersecretary for Licensing and Adjudication, shall lead the monitoring and coordination of programs relative to the implementation of the Rules of Procedure on Adjudication of Cases.":

NOW, THEREFORE, in consideration of the foregoing, the DMW hereby issues and promulgates the attached Rules of Procedure in the Adjudication of Cases in the Department of Migrant Workers.

Issued on 12th day of February 2026 at Quezon City

HANS LEO J. CACDAC Secretary DEPARTMENT OF MIGRANT WORKERS Date:February 26,2026Time: 09:00 A.M RECEIVED By: _RICHIE M. GUEVARRA General Services Division istrative Se ME By: DMW General Services Division on _February 26, 2026 CONTROLLED AND DISSEMINATED

Department ot Aiarant Morkers Bas F.Oplc Buiding,Ortigas Avenue cor. EDSA,Mandaluyong City 1550 Republic of the Philippines

1c0 0767G RAGONG PILDINA

THE RULES OF PROCEDURE IN THE ADJUDICATION OF CASES IN THE DEPARTMENT OF MIGRANT WORKERS

Pursuant to Section 8 of Republic Act No. 11641, otherwise known as the Department

proceedings are hereby adopted and promulgated: of Migrant Workers Act, the following rules of procedure governing adjudication

PART I

Common Provisions RULE I

SECTION 1. Titie.- This Rules shall be known as "The Rules of Procedure in the Adiudication of Cases of the Department of Migrant Workers", and shall be referred ta as the "DMW Rules of Procedure"

SECTION 2. Jurisdiction.- The Department shall exercise original and exclusive and appellate jurisdiction to hear and decide all cases which are administrative in claims. character, involving or arising out of: (1) violations of recruitment rules and regulations including refund of fees collected from Overseas Filipino Workers and any violation of the conditions for the issuance of the license to recruit Overseas Filipino Workers;ang (2) disciplinary action cases that are administrative in character, excluding money

SECTION 3. Coverage. - This DMW Rules of Procedure shall govern the adjudication proceedings of all cases before the Department within its exclusive original, and appellate jurisdiction.

SEcTION 4. Nature of Proceedings.- The technicalities of law and procedure and the rules obtaining in the regular courts of law shall not strictly apply in the proceedings before the Department, subiect to the reguirements of due process. Overseas

facts of every case in accordance with justice and equity. Employment Adjudicators (OEAs) may employ all reasonable means to ascertain the

SECTION 5. Applicability of the Rules of Court. -- In the absence of any applicable provision in this DMW Rules of Procedure, the pertinent provisions of the Revised

suppletory or analogous character and effect. Rules of Court of the Philippines and any prevailing jurisprudence may be applied in a

SEcTION 6. Prescription.-All cases enumerated in this DMW Rules of Procedure shall be barred, if not commenced or filed with the Department, within three (3) years after such cause of action accrued.

Conciliation RULE I

SECTION 7. Mandatory Conciliation. - Unless otherwise provided by subsequent

compliance with the existing rules and issuances on Single Entry Approach (SEnA) Worker, licensed recruitment and/or manning agency, or principal/employer relating to overseas employment shall undergo mandatory conciliation before docketing, in pursuant to R.A. No. 10396. issuances of the Department, a Request for Assistance involving an Overseas Filipino

Assistance, the assigned Conciliator shall schedule a conference between the parties to discuss the possibility of arriving at an amicable settlement. SEcTiON 8. Conciliation Proceedings. - Upon receipt of the Request for

Where an amicable settlement is reached, the assigned Conciliator shall sign as witness and the appropriate officer shall attest to the due execution thereof. The settlement shall be final and binding upon the parties.

for action. Where efforts for amicable settlement fail, the conciliation proceedings shall be terminated, and the Request for Assistance shall be referred to the appropriate office

SECTION 9. Non-appearance of Parties. -- The non-appearance of the requesting interest. party for two (2) consecutive settings for mandatory conciliation, despite due notice thereof, shall be a ground for the termination of the Request for Assistance for lack of

for mandatory conciliation, the Conciliator shall immediately terminate the proceedings In case of non-appearance by the responding party for two (2) consecutive settings and refer the Request for Assistance to the appropriate office for action.

licensed recruitment and/or manning agencies, principal/employer, or an Overseas Filipino Worker to abide by the terms of the approved settiement, the Department Execution for the enforcement of the settlement agreement. SECTION 10. upon motion of the aggrieved party or on its own initiative, shall issue a Writ of Administrative Sanction. - In case of unjustified failure by the

in the overseas employment program of the non-complying party, as the case may be until compliance with or satisfaction of the approved settlement. Such suspension or temporary disqualification order shall be issued by the Department. Failure of any party to comply with the terms of approved settlement despite the lapse documentary processing suspension or temporary disqualification from participating of thirty (30) calendar days from the issuance of the Writ, shall warrant the

SECTION 11. Confidentiality of Conciliation Proceedings. -- Conciliatior

shall be admissible as evidence in any other proceedings. proceedings are confidential in nature. No evidence or testimony introduced therein

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Filing and Docketing of Complaints RULE It

and Venue of Action

may file a complaint. SECTION 12. by the commission of an offense as enumerated in the DMW Ruies and Regulations Who May File. -- Any person, natural or juridical, who is aggrieved

any act amounting to recruitment violation or grounds for disciplinary action. For this purpose, an aggrieved person is one who is prejudiced by the commission of

The Department may likewise initiate a complaint based on duly substantiated reports of violation of the DMW Rules and Regulations and other issuances on overseas accompanied by all available evidence and/or supporting documents relative thereto. employment. The report shall state clearly the facts constituting the offense, The same shall be referred to the Adiudication Bureau for evaluation and/or determination of the appropriate venue.

SECTION 13. jurisdiction over the place where the worker resides or was recruited, or where the situated, at the option of the complainant. principal office of the respondent agency or the residence of the worker-respondent is Venue. -- Complaints shall be filed in the Regional Office having

cognizance of the case. complaint, the Regional Office where the complaint was first filed shall take Where two or more Regionai Offices can take cognizance of the venue of the

In case of multiple complainants, where two or more regional offices have jurisdiction. the venue shall be at the option of the majority of the complainants. In case of disagreement, the Adjudication Bureau shall determine the venue of the case.

SECTION 14. foliowing: Contents of the Complaint. -- The complaint must contain the

a. The complete name, compiete address, electronic mail address, and contact

b. The complete name, complete address, and electronic mait address (if available) number of the complainant:

d The specific offense/violation referred to in the classification of offenses; The substance, cause/grounds of the complaint; of the respondent;

e When and where the offense occurred; The amount of claim, if any; and T

C The relief/s sought.

The complaint shall be under oath and must be accompanied by:

Supporting documents; D. Certificate of Failure to Conciliate;

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C. Verification and Certification Against Forum Shopping: d OFW Information Sheet, if available.

Rules that are filed on-site. SECTION 15. Workers Office (MWO) shall be observed for complaints within the coverage of this On-Site Complaints. -- The Manual of Operations of the Migrant

The MWO shall endorse the complaint to the Adjudication Bureau containing the

Against Forum Shopping, and Certificate of Failure to Conciliate. charged violation/s, together with supporting documents, Verification/Certification

Upon receipt of the complaint, the Case Records Management Division (CRMD) shal. determine the completeness of the document. If the documents are complete, the CRMD shall docket the complaint and forward the same to the Regional Office for the conduct of proceedings. Otherwise, the complaint shall be returned to the concerned MWO for the completion of the complaint and its attachments.

For MWO-indorsed complaints, the following rules shall be observed:

a. Indorsements of purely Sworn Statements or Complaint-Affidavits executed by complainant/s shall be treated as "Direct Filing" and shall be docketed as "Name

b. Indorsements with any action/investigation taken on the part of the MWO shall be treated as an In Re Proceeding; of Complainant/s versus Name of Respondent/s"

Office. Once docketed, the case shail be raffled among the OEAs in the concerned Regional

the Regional Office has more than one OEA, the complaint shail be raffled among them. If the Regionai Office has no OEA, the complaint shall be assigned to a pairing SECTION 16. received in the Regional Office shall be docketed and assigned to an OEA. In case OEA nearest the Regional Office that took cognizance of the case. Docket, Raffle, and Assignment of Cases. -- A complaint duly

For this purpose, the assigned pairing OEA shall conduct the necessary proceedings.

the appropriate docket number. (CRMD), through electronic mail the docket number. The CRMD shall forthwith provide The office concerned shall request from the Case Records Management Division

SECTION 17. Grounds for Outright Dismissal of Complaint. -- The following are the grounds for the outright dismissal of the complaint, without prejudice to the re- filing of the same:

a. Improper Party: b. Failure to state cause of action: C Failure to comply with the formal requirements and/or with any condition sine qua

non in the filing of a complaint; and

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d. Non-appearance in the scheduled clarificatory conference/s

The following are the grounds for the outright dismissal of the complaint with prejudice:

a Prescription; b. C. Misrepresentation in the Verification/Certification Against Forum Shopping; and Res judicata.

-- Upon receipt of the duly docketed complaint, the OEA shall issue Show Cause SECTION 18. Issuance of Show Cause Order/Summons/Notice of Hearing

Order/Summons based on the charge/s indicated in the complaint within fifteen (15) working days from receipt of case/s from CRMD.

The respondent/s is/are directed to file a verified Answer, and not a motion to dismiss. otherwise such motion shall be treated as a mere scrap of paper.

hearings. A Notice of Hearing shall likewise be issued informing the parties of the scheduled

ACTION UPON COMPLAINT/REPORT PART ()

Filing and Service of Pieadings, Judgments, and Other Papers RULE:

SECTION 19. Service of Show Cause Order/Summons/Notice of Hearing. --

complaint/report and its supporting documents, shall be served upon the respondent/s The Show Cause Order/Summons/Notice of Hearing, including a copy of the through personal service, registered mail, or private courier.

If, for justifiable reason, the respondent/s cannot be served through any of the foregoing modes, service by electronic mail shall be made through the electronic mail address registered with the Department or indicated in the complaint.

of the licensed recruitment and/or manning agency shall be complete upon receipt by its officer or personnel or agent. SECTION 20. Order/Summons/Notice of Hearing. -- Personal service made to the registered office Proof of Completeness of Service of Show Cause

Filipino Worker shall be deemed complete upon receipt by the addressee or agent. licensed recruitment and/or manning agency, the registered address of the foreign principal/employer, the registered office of the local agency to which the foreign Service by registered mail or through private courier to the registered office of the principal/employer is actively accredited, or to the given address of the Overseas

In case the office of the licensed recruitment and/or manning agency is closed and no known address duly registered with the Licensing and Regulations Bureau shall be notice of change of address or cessation of operation has been filed, service to the last

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deemed complete.

Substituted service through electronic mail to the registered electronic mail address of

transmission. the licensed recruitment and/or manning agency, foreign principal/employer, or Overseas Filipino Worker shall be deemed complete at the time of its electronic

SECTION 21. Filing of Pleadings, Motions, and Other Papers. -- The filing of pleadings, motions, and other submissions, including soft copies in Microsoft Word format, shall be made by:

a Submitting personally the original copies thereof to the concerned Regional Office: b. C. Sending them by registered mail; Sending them by private courier; or d Transmitting them by electronic mail or other electronic means to the official

electronic mail addresses of the concerned Regionai Office.

In the first mode, the actual date and hour of filing shall be indicated on the pleading In the second and third modes, the date of the mailing of motions, pleadings, and other submissions, as shown by the post office stamp on the envelope or the registry receipt] shall be considered as the date of filing. The envelope shall be attached to the records

as the date of filing. of the case. In the last mode, the date of electronic transmission shall be considered

personally or by registered mail. initiatory pleadings such as the Complaint or Notice of Appeal, which must be done The modes of filing via private courier and electronic mail shall not be applicable to

SECTION 22. Service of Pleadings, Motions, and Other Papers. -- Service of pleadings, motions, and other submissions to the adverse party shall be made personally, or by registered mail or private courier, or by electronic mail.

the OEA. its supporting documents. No pleading shall be considered without proof of service tc the opposing party/ies except if filed simultaneously during a scheduled hearing before The party filing a pleading shall serve the opposing party/ies with a copy thereof and

SECTION 23. Service of Order/Resolution/Decision. -- Upon rendition of judgment or issuance of an interlocutory order, the Department, through its duly the parties and/or their counsel of record by personal service, registered mail, private courier, or electronic mail. authorized representative, shall serve a copy of the Order/Resolution/Decision upon

If a party is represented by counsel, the date of receipt by its counsel of a copy of the Reconsideration, as the case may be. Order/Resolution/Decision shall be the reckoning period to file an Appeal or Motion for

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SECTION 24. Proof of Completeness of Service of

the copy of the Order, Resolution, or Decision. In case of refusal of the addressee to Order/Resolution/Decision. - Personal service is complete upon actual delivery of

in the return/report and the service shall be deemed complete. receive, physical closure of the establishment or other similar reasons preventing the enforcement officer from effecting actual delivery, he/she shall state the reason thereof

addressee. If service by registered mail or private courier could not be completed, service of the Order, Resofution, or Decision is deemed complete upon showing of registered address of the addressee, or after thirty (30) calendar days from the date Service by registered mail or private courier is complete upon actual receipt by the proof that the Order, Resolution, or Decision has been sent to the last known of mailing, whichever is earlier.

Service through electronic mail to the registered electronic mail address of the licensed recruitment and/or manning agency, foreign principal/employer, or Overseas Filipino Worker shall be deemed complete at the time of its electronic transmission.

Proceedings Before the Overseas Employment Adjudicator (OEA) RULE II

a clarificatory conference with the complainant to answer clarificatory questions. the OEA shall evaluate the case records. The OEA, at his/her discretion, may schedule SECTION 25. Clarificatory Conference. -- Upon receipt of the assigned case

SECTION 26. fifteen (15) calendar days from receipt of the Show Cause Order/Summons, togethe Filing of an Answer. -- The verified Answer should be filed within

sent via electronic mail to the official electronic mail address of the concerned Regiona Office, and proof that a copy of the verified answer was sent to the complainant. with the soft copy of the same in Microsoft Word format contained in a flash drive o

behalf or through a duly authorized representative with Special Power of Attorney SECTION 27 (SPA). Appearances. - A party may appear personally in his/her own

A lawyer appearing for a party shall submit his/her Entry of Appearance in writing with SPA to represent, which shall indicate his/her attorney's roll number, PTR number, IBP

Compliance, and complete address and electronic mail address. A lawyer appearing without complying with the foregoing shall not be recognized as a representative of a party. number for the current year, valid Mandatory Continuing Legal Education (MCLE)

be made part of the record and the adverse party or his/her counsel/representative counsel/representative shall likewise be put on record with notice served upon the The complete name and office address of counsel/representative of either party shall shall be properly notified. Any change in the address or electronic mail address of adverse party or counsel/representative within five (5) calendar days.

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Any change or withdrawal of counsel/representative shall be made in accordance with the Rules of Court.

SECTION 28. Motion for Extension. -- Only one motion for extension of time to file verified Answer shall be allowed. The OEA, upon receipt of such motion may, upon meritorious grounds, grant a non-extendible period of fifteen (15) calendar days

An Answer filed out of time shall not be considered except upon motion and only on meritorious grounds.

conference to the parties for the purpose of discussing: SECTION 29. Hearings. -- After due notice, the OEA shall conduct a preliminary

a. The possibility of an amicable settlement: b. C. The simplification of the issues; The possibility of obtaining stipulations or admissions of facts and of documents

f. d e. The names and number of witnesses to be presented: The evidence to be presented and the purpose for its presentation; and Such other matters that may aid in the prompt disposition of the action. to avoid unnecessary proof;

The OEA shall conduct the hearing and take full control of the proceedings. He/she may freely examine the parties and witnesses with respect to the relevant matters at issue, and ask clarificatory questions to help in the effective resolution of the issues in the case. The evidence to be presented by the parties may be limited by the OEA to ensure that only those which are relevant and material to the issues at hand are litigated, and to aid in the speedy, impartial, and just dispensation of the case.

SECTION 30. for gender-sensitive cases, hearings shali be conducted by Gender Eguality, Disability Hearings for Gender-Sensitive Cases. -- Upon determination,

and Sociai Inclusion (GEDSI)-trained OEAs. At the determination of the OEA, Social

gender-sensitive cases. Welfare Officers of the Department may be requested to assist during the conduct of hearings. The Department shall provide the necessary support in the handling of

Documentary Evidence. -- A Regional Office may, upon request of the parties, refer- to another Regional Office the reception of documentary evidence. The receiving inclusion in the case records. SECTION 31. Regional Office shall endorse the evidence to the requesting Regional Office for Referral to Another Regional Office for Reception of

the relevant facts and information. The OEA shall observe the following guidelines in through the MWO: SECTION 32. witnesses working overseas, the OEA shall employ all reasonable means to ascertair taking testimonies under oath from the on-site complainants and their witnesses On-Site Testimonies. - For cases involving complainants or

A. At any stage of the proceedings and before the case is submitted for resolution,

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B. The OEA shall prepare the questions that will be transmitted to the concerned C. Should the questions remain unanswered within fifteen (15) calendar days from D. Upon receipt of the on-site testimonies, the handling OEA shall furnish the under oath from the on-site complainants and/or his/her witnesses; the OEA may, motu proprio or upon written request, allow taking testimonies MWO to be propounded to the on-site complainant and/or his/her witnesses. complainant and/or his/her witnesses shall answer the questions truthfully within fifteen (15) calendar days from receipt thereof; receipt thereof despite diligent efforts, the MWO shall immediately inform the concerned OEA who shall proceed with the hearing and resolve the case based The concerned MWO shall exert all reasonable effort to ensure that the on-site on available records and evidence;

respondent(s) with a copy thereof, directing them to file their comments within fifteen (15) calendar days from receipt of the notice. Respondents who fail to file their comments within the prescribed period shall be deemed to have waived their right to comment on the on-site testimonies.

SECTION 33. Appearance/Non-appearance of Parties. - The OEA shal

while the respondent licensed recruitment and/or manning agency fails to appear in schedule at least two (2) hearings. if the complainant appears during the hearing/s the evidence on record. all the scheduled hearings despite notice, the complaint shall be resolved based on

If the respondent foreign principal/employer or Overseas Filipino Worker fails to

archived and the respondent shall be declared temporarily disquatified from appear during the scheduled hearings and to file the required Answer, and there is no indication that said respondent received the Summons, the case shall be ordered participating in the overseas employment program until the respondent submits to the jurisdiction of the Department.

complaint shall be dismissed without prejudice to its re-filing within the prescriptive If the complainant fails to appear during the scheduled hearings despite notice, the period. If a case was refiled after it has been dismissed without prejudice, similar non- appearance of the complainant shall cause the dismissal of the case with prejudice.

If both parties failed to appear during the scheduled hearings, the complaint shall be dismissed without prejudice.

SECTION 34. archiving the case, the respondent may file in the Regional Office a Motion to Re-Open Motion to Re-Open a Case. - In case an Order is issued

a case with an attached verified Answer and proof of service to the complainant to remove the respondent's name from the temporary watchlist.

A motion to re-open filed by a representative shall be accompanied by a Special Power of Attorney (SPA).

decision may be served. The respondent must specify the electronic mail address where notices, resolution, or

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If the motion filed is compliant with the requirements, an Order shall be issued by the Regionai Director granting the same copy-furnished the Enforcement Division of the Adjudication Bureau and the case shall be assigned to an OEA for the conduct of hearing, if necessary.

SECTION 35. Discovery of Another Vioiation. -- When in the course of the

supplemental Show Cause Order or Summons to inform the respondent of the charge discovered during the proceedings and enter the same in the Minutes of the Hearing. The OEA shall allow the respondent the reguisite period within which to file an Answer to the Supplemental Show Cause Order or Summons. proceedings, another offense is discovered, the OEA shall issue the necessary

Failure to charge the newly discovered violation within the prescriptive period shall be a bar to the commencement of another action based on said newly discovered violation.

SECTION 36. Discovery of Another Respondent. -- When in the course of the

or Overseas Filipino Worker appears to have committed an offense related to the subject of the proceedings, the OEA shall implead said licensed recruitment and/or proceedings, another licensed recruitment and/or manning agency, principal/employer

the licensed recruitment and/or manning agency, principal/employer or Overseas For this purpose, a corresponding Show Cause Order or Summons shall be issued to Filipino Worker in accordance with this Rules. manning agency, principal/employer or Overseas Filipino Worker in the pending case

manning agency, principal/employer or Overseas Filipino Worker. be a bar to the commencement of an action against the licensed recruitment and/or Failure to implead the newly discovered respondent within the prescriptive period shal

Evidence. -- Any desistance, recantation of testimony, or withdrawal of complaint or evidence shall be made in an affidavit form and affirmed before the OEA. SECTION 37. Desistance, Recantation of Testimony, or Withdrawal of

Provided, that any handwritten desistance, recantation of testimony, withdrawal of complaint or other similar statement made by the complainant and affirmed before any OEA shall have the same effect as that of a notarized affidavit.

is pending. other similar statement is affirmed before an OEA other than the handling hearing If the handwritten desistance, recantation of testimony, withdrawal of complaint or officer, the same shall be immediately endorsed to the regional office where the case

the complaint, or other similar statement by the complainant through the MWO and/or The submission of Affidavit of Desistance, Recantation of Testimony, Withdrawal of Philippine Embassy/Consulate shall be subject for confirmation/authentication by the concerned office.

Provided further that any withdrawal of complaint/desistance shall not bar the OEA

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from proceeding with the investigation of the recruitment violation case/complaint for disciplinary action. The case shall be resolved on the merits if there is substantial evidence warranting the imposition of appropriate penalties.

before the OEA shall be chronologically arranged and appropriately paginated. The records. In case the parties refuse to sign, the refusal and reason/s given must be Minutes of Proceedings shall be signed by the parties and shall form part of the SECTION 38. indicated by the OEA in the minutes. Records of Proceedings. -- The records of all proceedings

SECTION 39. Resolution of the Case. -- Within one hundred eighty (180) calendar days from the date of the conduct of the last hearing or after the case is

to the Regional Director in the form of a draft Order. The Regional Director shall render a decision within ninety (90) calendar days from receipt of the findings and submitted for resolution, the OEA shall submit his/her findings and recommendations

recommendations.

In cases of outright dismissal of complaint under Section 17, the OEA shall submit his/her findings and recommendations to the Regional Director in the form of a drafl Order within ninety (90) calendar days from receipt of the OEA of the case records The Regional Director shall render a decision within thirty (30) calendar days from receipt of the findings and recommendations.

SECTION 40. Contents of Order. -- The Order issued by the Regional Director shall be clear and concise and shall include the following:

b. a Issuels involved; Facts of the case;

C. Applicable laws or rules; d. e. The specific sanction, remedy or relief granted. Conclusions and reasons therefor; and

Remote Hearings RULE H

the Philippines, he/she may request for a videoconference hearing provided that SECTION 41. Hearings through Videoconference. -- In case a party is outside

he/she shall have to communicate with the OEA concerned for his/her availability to go to the MWO/Philippine Embassy/Consulate.

a videoconference hearing. hearings, he/she may, upon verified motion based on meritorious grounds, request for In case an OFW is in the Philippines but unable to physically attend his/her scheduled

A verified motion requesting for the conduct of videoconference hearing must be filed at least five (5) working days prior to the scheduled hearings.

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If the motion is found to be meritorious, the OEA shatl schedule the videoconference in a manner that would be most convenient to all the parties.

The hearings through videoconference to be conducted shall, as far as practicable, be consistent with pertinent issuances of the Supreme Court.

SECTION 42. Notices, Invitations, and Links for Videoconference. -- The Regional Office concerned shall send out to the party litigants' electronic mail addresses on record, the invitation or link to the videoconference at least twenty-four (24) hours before the scheduled hearing. The invitation or link must be treated with strict confidentiatity and shall not be shared by the party litigants with any other person.

through videoconference shall be recorded by the OEA. All other participants attending to view the recording upon motion and approval of the OEA. the videoconference hearing are strictly prohibited from recording any portion of the SECTION 43. proceedings through any means. However, litigants and their counsel may be allowed Recording the Videoconference Hearing. -- The proceedings

SECTION 44. OEA may, at any point during the videoconference, suspend the proceedings should Suspension or Discontinuance of Videoconference. -- The

Minutes of the Proceedings. Should the said technical issue remain unresolved despite efforts to fix the same, the OEA may altogether discontinue the proceedings. The same action shall be taken when matters arise warranting the physical appearance of a litigant or witness. In all cases, the reason/s for the suspension or discontinuance shall be reflected in the any technical issue tending to taint the regularity or fairness of the proceedings arises

to the scheduled videoconference. The OEA may direct the party litigant or his/her the records of the case, shall be filed and served at least three (3) calendar days prior counsel to share the evidence on-screen, through document cameras, digital screen- SECTION 45. Presentation of Evidence. -- Evidence, unless already part of

sharing function of the videoconference software or platform, and other electronic means.

must be properly indicated by the OEA in the Minutes of the Proceedings. shall be read to the parties and they shall signify their conformity thereto. Such facts SECTION 46. Minutes of the Proceedings. -- The Minutes of the Proceedings

SECTION 47. On-Site Investigation and Conduct of Hearing. -- Upon determination of the Secretary, on-site investigation and conduct of hearing shall be conducted pursuant to the guidelines to be issued by the Department.

Order of Preventive Suspension RULE IV

investigation of the recruitment violation or disciplinary action complaint, the erring SECTION 48 recruitment/manning agency, foreign principal/employer, or Overseas Filipino Worker Issuance of Order of Preventive Suspension. -- Pending

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may be suspended by the Department for a period not exceeding ninety (90) calendar days, on the following grounds:

a. For the recruitment/manning agency 1. There exists reasonable ground to believe that the continued operation of

2. the licensed recruitment and/or manning agency will lead to further violation friendly relations with any country, or will prejudice national interest; and There is a prima facie evidence of a case for violation of the DMW Rules and or exploitation of workers being recruited or depioyed, or will adversely affect

Regulations pertaining to a serious or less serious offense.

b. For a foreign principal/employer 1. There exists reasonable ground to believe that the continued deployment to

the principal/employer will result in further violation or exploitation of OFWs; and 2 There is a prima facie evidence of a case for violation of the DMW Rules and

Regulations.

c. For a migrant worker 1. There is a prima facie evidence of a case for violation of the DMW Rutes and the dignity of the Republic of the Philippines. Regulations pertaining to a serious offense and there is reasonable ground the life of other overseas workers, public health, morality, human dignity, or to believe that the continued deployment of the worker shall be harmful to

Recruitment/Manning Agency. -- An Order of Preventive Suspension (OPS) shall be imposed on a recruitment/manning agency under any of the following circumstances: SECTION 49. Impositionof Preventive Suspension on

a. Upon docketing of a recruitment violation case, and without prior notice and

hearing: 1. When the worker is a minor or below the prescribed minimum age 2 When there are five (5) or more complainants, if the circumstances so reguirement at the time of deployment;

3 When there is a report of Human Trafficking or illegal Recruitment case endorsed by members of the Inter-Agency Council Against Trafficking warrant; or the Embassy, or MWO. Provided, that is supported by a detailed report, and (IACAT), or the Presidential Task Force Against Illegal Trafficking (PTFAIR)

evidence. sworn statement/s of worker/s or affidavit/s of witness/es, and other

b. C. When during the pendency of the investigation of the case and after the filing of When based on the recommendation of the endorsing office, it is determined that there is a necessity for the issuance of an OPS prior to the resolution of the case. the recruitment/manning agency shall be given a non-extendible period of five (5) calendar days from receipt of the Show Cause Order within which to file an Answer/Explanation; or

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the Answer or lapse of the period for filing the same, it is determined that there is a necessity for the issuance of an OPS prior to the resolution of the case.

Principal/Employer. -- An Order of Preventive Suspension (OPS) shall be imposed SECTION 50. on a foreign principal/employer under any of the following circumstances: Imposition of Preventive Suspension on a Foreign

a Upon docketing of the case, without need of a notice or hearing: N When there are five (5) or more complainants, if the circumstances so

2. When the worker involved is a minor or below the prescribed minimum age warrant;

3. 4 When the worker dies or suffers severe physical, psychological, or sexual When there is a report of Human Trafficking or lllegal Recruitment case (IACAT), or the Presidential Task Force Against illegal Trafficking (PTFAIR)) the Embassy, or MWO. Provided, that is supported by a detailed report, and abuse in the course of the employment; or sworn statement/s of worker/s or affidavit/s of witness/es, and other evidence. reguirement at the time of deployment: endorsed by members of the Inter-Agency Council Against Trafficking

C. b. When based on the recommendation of the endorsing office, it is determined that When during the pendency of the investigation of the case and after the filing of there is a necessity for the issuance of an OPS prior to the resolution of the case the recruitment/manning agency shali be given a non-extendible period of five (5) calendar days from receipt of the Show Cause Order within which to file an Answer/Explanation;

d When the Foreign Placement Agency has direct or indirect participation in the the Answer or iapse of the period for fiting the same, it is determined that there is a necessity for the issuance of an OPS prior to the resolution of the case; or

above-mentioned circumstances.

recommendations to the Regional Director in the form of a draft Order resolving the case on the merits. The Regional Director shall render a decision from receipt of the findings and recommendations. SECTION 51. Period to Resolve. -- The OEA shall submit his/her findings and

the respondent/s of the Order of Preventive Suspension. Otherwise, the suspension investigation The Order shall be issued within ninety (90) calendar days from the date of receipt by shall be deemed lifted through an Order, without prejudice to the outcome of the

Imposition of Penalties and Application of Mitigating, Aggravating, or Exempting Circumstances RULE V

penalty of cancellation of license may be imposed upon a respondent agency found SECTION 52. Penalty When a Case Involves Five or More Workers. -- The

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five (5) or more complainants in any of the consolidated cases. liable for committing a less serious or light offense against five (5) or more workers in a singie case. This provision shall not apply to consolidated cases unless there are

suspension of license of the recruitment and/or manning agency, the penalty of fine, suspension, may likewise be imposed. SECTION 53. which shall be computed at Fifty Thousand Pesos (PhP50,000.00) for every month of Fines and Service of Penalty. -- in lieu of the penalty of

Bureau. The payment of fines and judgment award imposed shall be made to the Adiudicatior

In case the penalty is fully served and/or the alternative penalty has been paid, a Lifting Order shall be issued by the Department or its duly authorized representative.

SECTION 54. Accessory Penalties. -- The following accessory penalties may be imposed:

d. Other accessory penalties as may be deemed just and equitable. b. Refund of actual documentation costs; a. Refund of placement and recruitment fees; c. Return of documents or refund of the cost of the documents; and

In case of refund of placement and recruitment fees, the Order/Resolution/Decision the issuance of Writ of Execution, and/or the same has been voluntarily paid by the shall specifically indicate the amount awarded, including legal interest, if any. The lega interest shall be computed from the time of the finality of the Order up to the time of respondent, whichever comes first.

the penalties: Except when the imposable penalty is cancelfation of license or permanent disqualification, the following mitigating, aggravating, and alternative circumstances attendant to the commission of the offense shall be considered in the determination of SECTION 55. Mitigating, Aggravating, or Alternative Circumstances.

b. a C. Exemplary performance; Admission of guilt and voluntary restitution, where applicable: First time offender:

d. e. Habitual offender; or Other analogous circumstances.

the above The party shall invoke in the Complaint or Answer/Explanation the existence of any of enumerated circumstances. Failure to raise attendant

deemed a waiver thereof. mitigating/aggravating/alternative circumstances in the complaint/answer shall be

SECTION 56. Habitual Commission of Less Serious Offenses. -- A licensed recruitment and/or manning agency which commits the same less serious offense five

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(5) times or more shall be considered a habitual offender. For this purpose, the maximum of the penalty shall be imposed upon it.

suspension may be imposed in accordance with the following: SECTION 57. Imposition of Penalty. -When applicable, the penalty of

a The minimum of the penalty shall be imposed where only mitigating and no

b. aggravating circumstances are present. The medium of the penaity shall be imposed where no mitigating and aggravating

C. The maximum of the penalty shall be imposed where only aggravating and no circumstances are present.

mitigating circumstances are present. d Where aggravating and mitigating circumstances are present, paragraph (a) shall be applied where there are more mitigating circumstances present; paragraph (b) shall be applied when the circumstances equaily offset each other; and paragraph (c) shall be applied where there are more aggravating circumstances.

legitimate reasons for an Overseas Filipino Worker not to depart for the worksite, or to abandon or withdraw from employment: SECTION 58. Exempting Circumstances. -- The following are considered as

a b. Refusal of the principal to grant, release or remit wages and other benefits due Exposure to hazardous or demeaning working and living conditions;

C. War, plague or other calamities or other dangerous situations at the worksite as the worker:

d. Violation by the principal/employer of iabor laws of the Philippines, the host determined by the Department; country or international labor laws: and

Other exceptional or humanitarian circumstances, upon submission of proof of

incurred by the recruitment and/or manning agency. reimbursement of the actual expenses warranted by the Rules which were

RULE VI Appeal

over appeals from the Orders of the Undersecretary for Licensing and Adjudication SECTION 59. Services and the Regional Directors. Jurisdiction. -- The Secretary shall have exclusive jurisdictior

of the Administrator of the former POEA, provided that the same are filed within the The Secretary shalt also assume jurisdiction on appeals from the previous decisions

reglementary period.

SECTION 60. Period to Appeal. -- The party aggrieved by an Order/Decision

be allowed. No motion or request for extension of the period within which to perfect an appeal shall may appeal the same within fifteen (15) calendar days from receipt of a copy thereof.

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A Motion for Reconsideration shall be treated as an appeal and should therefore comply with the requirements on appeal.

the Regional Director, Undersecretary for Licensing and Adjudication Services or the former POEA Administrator shall be filed with the Office of the Legal Service or the SECTION 61. Regional Office concerned. Where to File Appeal. -- Appeals from the Orders/Decisions of

the errors of law and/or fact in the Order/Decision appealed from. SECTION 62. Notice of Appeal and Memorandum of Appeal, with proof of service upon the adverse party, if any. The Memorandum of Appeal shall be verified and shall clearly point out Requirements for Appeal. -- The appealing party shall file a

In case a fine and/or monetary award is imposed against the appealing party, the appealing party shall also file a supersedeas bond in the amount of such fine, monetary shall be in cash, or in a surety bond acceptable to the Department, and shall be valid until the case is finally resolved. No Motion to Reduce Bond shall be entertained by award, and/or alternative penalty of fine in ieu of suspension. The supersedeas bond the Department.

To be acceptable, the following documents shall be attached to the surety bond submitted:

b a Copy of the certificate of compliance with Circular No. 66 of the Insurance Certified copy of a valid certificate of accreditation and authority issued by the Office of the Court Administrator of the Supreme Court containing the photograph of the authorized agent;

C Corporate secretary's certificate containing the specimen signatures of the agents Commission, dufy certified by the Insurance Commission; and

authorized to transact business with courts.

Failure to comply with the requirements for Appeal shall not toll the running of the period for perfecting an appeal.

Non-compliance with the foregoing requirements shail be a ground for dismissal of the Appeal.

counsel/representative shall be made in accordance with the Rules of Court. SECTION 63. Appearance on Appeal. -- Any change or withdrawal of

without complying with the foregoing shali not be recognized as a representative of a In case of a collaborating counset, he/she must submit an Entry of Appearance in writing with SPA to represent as a collaborating counsel, which shall indicate his/her Compliance, and complete address and electronic mail address. A lawyer appearing party. attorney's rofl number, PTR number, iBP number for the current year, valid MCLE

SECTION 64. Grounds for Appeal. -- The appeal may be entertained only on

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any of the following grounds:

b. a If made on questions of law; and/or If serious errors in the findings of facts are raised which, if not corrected, would

cause grave or irreparable damage or injury to the appellant.

and shall be verified. It shall clearly point out the errors of law and/or fact in the decision appealed from

evaluation of the appeal, admit new or additional evidence submitted by the parties. substantial justice and only on meritorious grounds, the Secretary may, in the SECTION 65. Admissibility of New Evidence on Appeal. -- In the interest of

SECTION 66. been seasonably filed, the concerned Office shall transmit the entire records of the Transmittal of the Records. -- Upon notice that an Appeal has

case to the Office of the Legal Service.

SECTION 67. Failure to Perfect an Appeal. -- In case of failure to file an appeal within the reglementary period, the Order shali be deemed final and executory.

In case any of the requirements has not been complied with, the appeal shall not be

duly authorized representative. given due course. An Order to such effect shall be issued by the Secretary or his/her

SECTION 68. Comment on Memorandum of Appeal. -- The appellee may file

file a Comment within the said period may be construed as a waiver to file the same. with the Legal Service a comment to appellant's Memorandum of Appeal, not later than ten (10) calendar days from receipt thereof. Failure on the part of the appellee to

SECTION 69. Period to Resolve Appeal. -- The case shall be deemed

receipt of the last pleading or memorandum. submitted for resolution upon filing of the last pleading or memorandum, if required. The Appeal shall be resolved within one hundred eighty (180) calendar days from

SECTION 70. Motion for Reconsideration. -- Motion for Reconsideration of

based on palpable or patent errors; provided that the motion is filed within ten (10) that a copy of the motion has been furnished to the adverse party; and provided further. any decision, resolution or order of the Secretary shail not be entertained except when calendar days from receipt of such decision, resolution or order, with proof of service

that only one such motion from the same party shall be entertained.

PART [I JUDGMENT AND SERVICE OF PENALTIES

Finality of Judgment RULE 1

SECTION 71. Entry of Judgment. -- An Entry of Judgment shall be issued by

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the Secretary or by his/her duly authorized representative, upon failure to file an appeal within the reglementary period or to comply with any of the requirements for the perfection of an appeal.

reglementary period or upon resolution of the Motion for Reconsideration, as the case In case of appeal, the Secretary or his/her duly authorized representative shall issue an Entry of Judgment either upon failure to file a Motion for Reconsideration within the may be.

Judgment, the Secretary or his/her duly authorized representative, as the case may be, shall immediately transmit the entire records of the case to the Adjudication Bureau for execution of judgment. SECTION 72. Transmittal of the Records. -- After the issuance of Entry of

Execution of Judgment RULE Ii

the pendency of the appeal except when: SECTION 73. Stay of Execution. -- The original Order shall be stayed during

a b the penalty imposed is suspension of license for one (1) year or more; or the penalty imposed is cancellation of license:

C. the penalty imposed is permanent disqualification against the principal/employer.

A Petition for Certiorari shall not stay the execution of the assailed Order/Decision unless a restraining order is issued.

lifted. Worker. -- In case the penalty of permanent disqualification is imposed against a in the list of persons or entities disgualified from participating in the overseas employment program unless cleared by the Department or the penalty imposed is principal/employer or worker through an Order, Decision or Resolution, the Regiona Office shall transmit to the Adjudication Bureau the copy of such Order, Decision or Resolution and proof of transmittal of the same to the concerned respondent. Upon receipt, the Adjudication Bureau shall immediately include the concerned respondent SECTION 74. Effect of Permanent Disqualification of Principal/Employer or

for two (2) or more offenses, service of the penalties shali be in the following manner: SECTION 75. Service of Multiple Penalties. -- If the respondent is found liable

a. the penalty of cancellation/disqualification is appealed, the penalty of suspension cannotbe served simultaneously with the execution of the If the penalties consist of both cancellation/disqualification and suspension and cancellation/disqualification pending appeal.

b If the penalties consist only of suspension, they shall be served successively. In

case the same penalty/ies of suspension are rendered against the same respondent in different cases before different Regional Offices, the suspensions

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shatl likewise be served successively.

the successive service and/or implementation of penalties. In this regard, the Enforcement Division shall maintain a system of monitoring of

Without prejudice to the enforcement of a penaity, if the same consists of within fifteen (15) calendar days from receipt of the decision/resolution. Provided, suspension with the alternative penalty of fine and/or accessory penalty of fine. the respondent may exercise the option to pay the full amount thereof by filing a written manifestation to the Enforcement Division of the Adjudication Bureau

fine shall be instead enforced by garnishing the corresponding amount from the respondent by virtue of a final judgment in another case, the alternative penalty of that if the penalty is imposed subseguent to the cancellation of the license of the escrow deposit.

Failure of the respondent to file a written manifestation shall be deemed a waiver of

which case, the penalty of suspension shall be executed unless stayed by an appeal seasonably filed. the exercise of the option to pay the full amount of the alternative penalty of fine, in

SECTION 76. Issuance, Form, and Contents of a Writ of Execution. -- A Writ of Execution may, upon motion or motu proprio, be issued by the Undersecretary for

requiring the Enforcement Officer to execute the Orders/Resolutions/Decisions of the Licensing and Adjudication Services or his/her duly authorized representative to enforce the Order or Decision of the Regional Director or Office of the Secretary. The Writ of Execution must be issued in the name of the Republic of the Philippines

Regional Director or the Office of the Secretary or his/her duly authorized representative, as the case may be.

The Writ of Execution must contain the dispositive portion of the Order, Resolution or

before proceeding to satisfy the judgment. Decision sought to be executed. It must require the Enforcement Officer to serve the writ upon the losing party or upon any other person required by law to obey the same

Execution shall proceed against the escrow deposit of the losing recruitment agency. or the supersedeas bond, if applicable.

In case the license of the respondent agency has been cancelled and the escrow

appropriate forum. deposit is already insufficient, the prevailing party shall file his/her claim before the

in the following cases: A Writ of Execution shall not be necessary for the enforcement of Orders or Decisions

a For the return of travel and other related documents. A copy of the Order or

Decision served upon the losing party or upon any other person required by law

b. Where the agency had earlier posted a cash bond in relation to an appeal. to obey such Order of Decision is sufficient; and

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bond shall be sufficient basis for the preparation of the voucher for the release of equivalent to the fine. the amount to be refunded, or for the confiscation/forfeiture of the amount Certified copies of the final and executory Order and official receipt of the cash

The Writ of Execution shall be valid and effective for a period of sixty (60) calendar days from issuance thereof.

Thereafter, an alias Writ of Execution may, upon motion, be issued by the Adjudication Bureau to enforce the Order or Decision of the Regional Director or Office of the Secretary.

the judgment award and/or fine which shall answer for the same in the event that the days from receipt of a copy of Writ of Execution, the judgment debtor may file a Motion to Quash the Writ of Execution on meritorious ground. The filing of such motion shalt not stay the execution of the writ, unless a cash or surety bond is posted equivalent to motion is denied. SECTION 77. Motion to Quash Writ of Execution. -- Within five (5) calendar

An Order denying a Motion to Quash the Writ of Execution is final and no further motions of similar nature shall be entertained.

of decisions under the Revised Rules of Court. Enforcement Officer shall be guided by the applicable rules concerning enforcement SECTION 78. Enforcement of Writs. -- In executing an Order or Decision, the

Enforcement Officer shall issue a Notice of Garnishment to the person/entity having in possession or control of the escrow deposit belonging to the licensed recruitment and/or manning agency, directing said person/entity not to deliver, transfer or otherwise dispose of such escrow deposit except to the above-mentioned enforcement officer. SECTION 79. Garnishment. -- By virtue of the Writ of Execution, the

In cases where several Writs of Execution are issued against the same licensed the escrow deposit shall be given pro-rated among the claimants. recruitment and/or manning agency, satisfaction of the claims of Overseas Filipino Workers against the escrow deposit shall be on a "first come, first served" basis, irrespective of the date of filing of the case or date of the decision or date of the Writ of Execution; Provided, that where the Orders of Garnishment are served simultaneously,

agency, the escrow deposit of the losing party shall be subjected to garnishment if the latter requests for the withdrawal of its escrow deposit. In case of fine and/or alternative penalty of fine imposed against a cancelled/delisted

implementing the Writ of Execution shall submit his/her return immediately upon the satisfaction of the judgment award. However, regardless of the outcome of implementation, the enforcement officer shail submit the return not later than sixty (60) calendar days from date of issuance thereof. The return shall state the mode of SECTION 80. Return of Writ of Execution. -- The Enforcement Officer

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service, the name of the person or entity served and the date of receipt. The return shall also indicate legibly the full name of the officer who served the writ. The return shall form part of the records of the case. CLEMENCY/DELISTING/COMMUTATION PART IV

Where to File and Effect of Filing RULE

SECTION 81. Where to File. -- A foreign principal/employer imposed with permanent disqualification, or a partner, officer or a director of a recruitment and/or manning agency whose license has been cancelled may file a Motion/Petition for Clemency or a Motion/Petition to Delist Name from Derogatory Record, respectively. with the Adjudication Bureau. Similarly, an Overseas Filipino Worker may file a Motion/Petition for Clemency/Commutation of Penalty with the Adjudication Bureau.

SECTION 82. of a Motion/Petition for Clemency shall be deemed a waiver of the right to appeal, or an automatic withdrawal of a pending appeal. Effect of Filing of a Motion/Petition for Clemency. -- The filing

Rules may be availed of only once. SECTION 83. Availment of clemency. -- The grant of clemency under this

In case of deniai, no Motion for Reconsideration shall be entertained. However, the movant may file another motion/petition for clemency only after the lapse of one year from the date of such denial.

Clemency, Delisting, and Commutation of Penalty RULE I

SECTION 84. Secretary and/or his/her duly authorized representative, upon motion/petition, may Grant of Clemency/Delisting from Derogatory Record. -- The

grant clemency/delisting from derogatory record, after determination of compliance by the movant/petitioner of the following conditions:

I. Foreign Principal/Employer: b. the respondent has only one case involving not more than five (5) workers a. the respondent is a first-time offender; C. the respondent did not commit a grave misconduct or gross negligence for which it has been ordered disqualified as certified by the Adjudication Bureau;

d. the claims against respondent have been settled or the offended party has Ieading to serious injury, illness, and/or death of the worker;

e. pardoned the respondent; and the principal/employer has the capacity to provide decent employment for Overseas Filipino Workers.

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II. Partner, officer, director, or employee of a recruitment and/or manning agency whose license has been cancelled: a. the licensed recruitment and/or manning agency has only one (1) case d. b. G the partner, officer, director, or employee must prove that he/she did not involving not more than five (5) workers for which the license has been proof of the full satisfaction of the awards on the case, if any; the complainant/s had condoned the acts of the licensed recruitment and/or cancelled as certified by the Adjudication Bureau: participate in the commission of the charged violation;

e the partner, officer, director, or employee has not participated in the overseas manning agency;

I employment program for at least six (6) years from the time of cancellation of license; submission of NBI clearance; and g. proof of publication in a newspaper of general circulation of the movant's/petitioner's intent to apply for re-admission to the overseas employment program.

meted with suspension from participation in the overseas employment program motion/petition, grant commutation of penalty to an Overseas Filipino Worker (OFW) Worker. - The Secretary and/or his/her duly authorized representative, upon provided that the following conditions are met: SECTION 85. Grant of Commutation of Penalty to an Overseas Filipino

b. There is a settlement of claims or the complainant has condoned the acts of a The OFW is a first-time offender; respondent, if applicable.

Secretary and/or his/her duly authorized representative, upon motion/petition, grant clemency to an Overseas Filipino Worker (OFW) who is penalized with permanent disgualification or suspension from participation in the overseas employment program, provided, that the foilowing conditions exists: SECTION 86. Grant of Clemency to an Overseas Filipino Worker. -- The

a The offense committed does not involve a serious offense, or crime involving

b. C There is a settlement of claims or the complainant has condoned or pardoned In case of suspension, the respondent should have served at least 50% of the moral turpitude, misrepresentation or theft; the acts of respondent;

d. The respondent should not have been granted any commutation of penalty. period of penalty imposed; and

from the derogatory list/watchlist together with documentary evidence justifying the falling in the preceding sections, the movant may file a motion to remove the name relief sought for. SECTION 87. Removal from the Derogatory List. -- in all other cases not

The Secretary and/or his/her duly authorized representative shall issue an Order

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granting or denying such Motion.

PART V

Miscellaneous Provisions RULE i

issued by the National Labor Relations Commission (NLRC) against the principal/employer without further proceedings, in case a final and executory judgment issued by the Adjudication Bureau Director. name of the principal/employer shall be automaticafly included in the list of disgualified SECTION 88. principal/employer shall not have been fully satisfied. An Order to this effect shall be Automatic Disqualification of Principal/Employer. - The

For this purpose, any party shall furnish the Adjudication Bureau with certified true copies of the Order stating the judgment award and the sheriff's return indicating the failure of the principal/employer to fully satisfy the final and executory judgment against it.

SECTION 89. Lifting of the Automatic Disgualification. - The automatic

of the judgment award, as evidenced by certified true copies of the sheriffs return indicating full compliance/satisfaction of the judgment award by the principal/employer. disqualification referred to in the preceding section shall be lifted upon full satisfaction

SECTION 90. Temporary Disqualification of Overseas Filipino Worker. -- An

was issued by a competent authority shall be disgualified to participate in the overseas employment program. Overseas Filipino Worker against whom a Warrant of Arrest or a Hold Departure Order

of the Warrant of Arrest or Hold Departure Order. For this purpose, any party shall furnish the Adjudication Bureau with certified true copies

Worker. -- The temporary disqualification referred to in the preceding section shall be Hold Departure Order is already lifted or with certified true copies of the proof of dismissal of the case or any Order granting provisional liberty to an accused, as the case may be. lifted upon furnishing the Adjudication Bureau with proof that the Warrant of Arrest or SECTION 91. Lifting of Temporary Disqualification of Overseas Filipino

Cancellation of License. -- An Order of Preventive Suspension, Suspension, or SECTION 92. Cancellation of License shall have the effect of suspending or terminating all activities Effects of Orders of Preventive Suspension, Suspension, or

of the recruitment and/or manning agency which fall under the definition of recruitment The suspension or canceliation shall not, however, affect the transfer of accreditation and placement, including the processing of pending contracts of applicant workers. of the principal/employer to another licensed recruitment and/or manning agency

SECTION 93. Inhibition of the Overseas Employment Adjudicator. -- The

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of interest within the purview of existing laws, or on such other justifiable grounds. OEA, upon motion or motu proprio, shall inhibit from the case on the ground of conflict

OEAs, as the case may be, through an Order issued by the Adjudication Bureau. The case shall be assigned to a designated pairing OEA or raffled among remaining

For this purpose, the assigned OEA or the OEA to whom the case is raffled shall conduct the hearing.

same parties and/or issues are filed, the case which was filed iast, may, motu proprio practicable. SECTION 94. Consolidation of Cases. -- When two (2) or more cases involving the or upon written motion and with notice to all parties, be consolidated with the first, if

assign the same to the proper OEA to whom the first case was assigned/raffled. The Adjudication Bureau shall issue the necessary Order to consolidate the cases and

those made in the course of a hearing, and shall state the relief sought and the grounds SECTION 95. upon which it is based. Motions in General. -- All Motions shall be in writing, except

Except those motions requiring immediate action, all motions shall be scheduled for hearing, if necessary.

Final Provisions RULE I

accruing prior to the effectivity of this Rules of Procedure shall be governed in accordance with the laws in force at the time of their accrual. SECTION 96. Transitory Provisions. -- All actions, claims, or causes of action

Undersecretary for Licensing and Adjudication Services. Cases docketed before the effectivity of R.A. No. 11641 which are still pending after the issuance of this Rules shall be referred to the Adjudication Bureau for proper disposition. Jurisdiction over these cases shall continue to be assumed by the

On the other hand, all other cases shall be transferred to the respective Regional Offices for proper disposition pursuant to R.A. No. 11641.

cases shall still be signed by the Undersecretary for Licensing and Adjudication, Pending the publication of this Rules, issuance of corresponding transition guidelines, and physical transfer of cases to the regional offices, Orders resolving and disposing supervision over regional operations under R.A. No. 11641. maintaining the status quo until further orders, consistent with the authority of control and

SECTION 97. Separability Clause. -- The provisions of this Rules of Procedure

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are declared to be separable, and if any provision or the application thereof is held invalid or unconstitutional, the validity of the other provisions shall not be affected.

expressly provided, all resolutions, orders, memorandum circulars, and issuances, which are inconsistent herewith are hereby repealed, amended, or modified accordingly. SECTION 98. Repealing Clause. -- Upon effectivity of this Rules, and unless

days from publication in a newspaper of general circulation, and upon filing with the Office of the National Administrative Registry of the University of the Philippines Law Center. SECTION 99. Effectivity. - This Rules shall take effect fifteen (15) calendar

Signed this 12th day of February 2026, at Quezon City, Philippines.

HANS LEO J. CACDAC Secretary

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