DEPARTMENT OF MIGRANT WORKERS XII-PRESENTATION

DEPARTMENT OF MIGRANT WORKERS

1. THE
DEPARTMENT
OF
MIGRANT
WORKERS
Book 1: Pre-employment of the Labor Code of
the Philippines
February 16, 2004 at Notre Dame of Dadiangas University
AXEL JAY L. SANTANDER
Labor and Employment Officer III
Department of Migrant Workers RO XII

2. 2
Project analysis slide 4
•The Department of Migrant
Workers (DMW) is the newly-
formed executive department of
the government mandated to
protect the rights and promote the
welfare of Overseas Filipino
workers (OFWs).
•The Department was created by
virtue of Department of Migrant
Workers Act or the Republic Act
No. 11641, signed by then-
President Rodrigo Duterte on 30
December 2021.
The Department
Then-President Duterte signs the DMW Act. Photo Courtesy of PTV News

3. MERGER OF AGENCIES
1.POEA - as created under EO 247 and RA 8042, as amended
2.OUMWA – Office of the Undersecretary for Migrant Workers’ Affairs
of the DFA as provided under RA 8042, as amended
3.All POLO (Philippine Overseas Labor Offices) under the DOLE
4.ILAB – International Labor Affairs Bureau under the DOLE
5.NRCO – National Reintegration Center for OFWs under the OWWA
6.NMP – National Maritime Polytechnic under the DOLE
7.OSWA - Office of the Social Welfare Attache under the DSWD
ATTACHED AGENCY
OWWA – Overseas Workers Welfare Administration

4. 4
Project analysis slide 4
MANDATE
MANDATE
•The Department of Migrant Workers (DMW) is the primary agency tasked
to protect the rights and promote the welfare of OFWs. It shall formulate,
plan, coordinate, promote, administer, and implement policies, and
undertake systems for regulating, managing, and monitoring overseas
employment and reintegration of OFWs.
•It shall promote the empowerment and protection of migrant workers by
enabling and training them to gain appropriate skills and ensuring access
to continuous training and knowledge development. (Section 5, RA 11641)

5. 5
Project analysis slide 4
Mission and Vision
VISION
MISSION
•We commit to empower our migrant workers through digital
transformation of our processes and ensuring sustained ease of doing
business.
•We shall manage a national reintegration program to enhance their skills,
knowledge and competence, and facilitate their safe and productive
reintegration in their communities.
The DMW is the exclusive home in government of our OFWs and
their families that protects their rights, promotes their welfare, and
unleashes their potential to fulfill their destiny as co-architects of
national economic development

6. OUR DELIVERY MENU
2. Digitalization program in
cooperation with DICT & Ease
of Doing Business for Land-based and
Sea-based sectors
1. One Repatriation
Command Center
Hotline: 1348
[email protected]
3. Bilateral Labor Agreements
(BLA) - KSA, Singapore, Germany,
and Japan
4. OFW Children’s Clubs
Music and the Arts, How to Save,
Sports and Mental Wellness
ONE-REPAT (ORCC) DIGITALIZATION NEGOTIATIONS KIDS-CENTERED
Department of
Migrant Workers
ANG TAHANAN NG OFW

7. OUR DELIVERY MENU
6. Scholarships for children
of OWWA members
5. National Reintegration
Program
7. Anti-Illegal Recruitment
and Trafficking in Persons Campaign
8. OFW Hospital
REINTEGRATION SCHOLARS PROTECTION HEALTH
Department of
Migrant Workers
ANG TAHANAN NG OFW

8. MANDATE: In-Charge of Managing Labor Migration of Filipino Workers
CORE FUNCTIONS
Industry Regulation
Licensing of Recruitment Agencies
Continuing Education of Recruitment Agencies (PLOS & CAEP)
Conciliation and/or Adjudication of Cases
Employment Facilitation
Accreditation of Foreign Employers and Placement Agencies
Processing of Employment Contracts and Documentation of Workers
Monitoring of Labor Market and Conduct of Market Research
Placement of Workers through
the Government-to-Government Arrangement
Workers’ Protection
Bilateral/Multilateral Negotiation for Better Employment Terms
Education of the Public on OE and Legal Process
Implementation of the
Anti-Illegal Recruitment Program
Provision of Legal Assistance to Workers

9. REINTEGRATION PROGRAMS
AND SERVICES

10. Livelihood Program for OFWs
Reintegration (LPOR)
Categories:
Balik Pinay! Balik Hanapbuhay! Program
Livelihood Development Assistance Program

11. Qualification:
A livelihood grant intervention intended to bring about improved socio-economic well-being of
undocumented OFWs amounting to Php 10,000.00
The program specifically prioritizes distressed returning women OFWs.
Livelihood Program for
OFW Reintegration (LPOR)
BALIK PINAY! BALIK
HANAPBUHAY!
(SPECIAL PROGRAM FOR RETURNING WOMEN
MIGRANT WORKERS)

12. Qualification:
A livelihood grant intervention intended to bring about improved socio-economic well-being of
undocumented OFWs amounting to Php 10,000.00
Eligible beneficiaries for the LDAP are those who are undocumented and in vulnerable
circumstances.
Livelihood Program for
OFW Reintegration (LPOR)
LIVELIHOOD
DEVELOPMENT ASSISTANCE
PROGRAM

13. The program aims to gain back the Filipino workers overseas,
particularly the OFW LET passers and reverse out migration by
enhancing their skills and providing them with the option to stay
in the Philippines to work as public school teachers.
Qualifications:
•OFW LET Passers
•OFW who have arrived home for not more than three (3) years based on the current year
Sa ‘Pinas, Ikaw ang
Ma’am/Sir Program (SPIMS)

14. Financial Awareness Seminar–Small Business
Management Training (FAS-SBMT)
Financial Education
Are training programs being offered by NRCO as a
prerequisite for the availing of our livelihood/loan
programs.

15. A grant assistance that aims to support the formation, enhancement, or restoration of
livelihood projects/undertakings of OFW organizations. The amount of grant shall be
based on the project requirement up to a maximum of Php 1 million for duly
registered OFW organizations.
Tulong Pangkabuhayan Para
sa Pag-Unlad ng Samahang
OFWs (Tulong PUSO)

16. LAW ON ILLEGAL RECRUITMENT

17. Understanding IR
IR Defined
Republic Act No. 8042, Migrant Workers and Overseas Filipinos Act of 1995, as amended
by Republic Act No. 10022, defines illegal recruitment as:
•any act of canvassing, enlisting, transporting,
contracting, hiring, utilizing, or procuring workers and
includes contract services, referring, advertising, or
promising for employment abroad, whether for profit or
not, when undertaken by non-licensee or non-holder of
authority. Provided, That any such non-licensee or non-
holder who, in any manner, offers or promises for a fee
employment abroad to two or more persons shall be
deemed so engaged. …
Keyword: CETCHUP CRAP

19. Understanding IR
Abug without first securing a license to operate a recruitment agency, promises
employment in Saudi Arabia to four separate individuals in consideration of a fee. Thus,
he was charged before the RTC for violation of RA 8042 as amended by RA 10022 for
recruiting workers for overseas employment without a license to recruit workers for
overseas employment. Abug, in his defense, interposed that he cannot be charged of
violating said act as he was accused of illegally recruiting only one person in each of
the four informations. Under the proviso in Article 13(b), he claimed, there would be
illegal recruitment only "whenever two or more persons are in any manner promised or
offered any employment for a fee. ".
CASE:

20. Understanding IR
The number of persons dealt with is not an essential ingredient of the act of recruitment
and placement of workers. Any of the acts mentioned in the law will constitute
recruitment and placement EVEN IF ONLY ONE prospective worker is involved. The
proviso merely lays down a rule of evidence that where a fee is collected in
consideration of a promise or offer of employment to two or more prospective workers,
the individual or entity dealing with them shall be deemed to be engaged in the act of
recruitment and placement. The words "shall be deemed" create that presumption.
(People vs. Panis, GR No. L-58674-77)
Supreme Court Decision

21. Understanding IR
CASE:
Ganda was introduced by her Aunt, to a certain Col., a police officer who happened
to mention that his wife, Sison can facilitate papers for workers in Australia. Ganda
and her Aunt then proceeded to Col’s home in Las Piñas. There, they met Sison and
she briefed Ganda on the requirements for working as a fruit picker in Australia.
During that meeting, Sison introduced Ganda to another man who related that he was
able to go to Australia with Sison's help. She also showed Ganda pictures of other
people she had supposedly helped to get employment in Australia. Having been
convinced for employment abroad, Ganda paid the alleged placement fee. However,
Sison’s promises became empty promises. Ganda filed a case for illegal recruitment
against Sison.
Sison, countered that she was also a victim of illegal recruitment and that she was
merely sought by Ganda to facilitate her application for an Australian visa and not
for deployment.

22. Understanding IR
Supreme Court Decision
Simply put,
 illegal recruitment is "committed by persons who, without
authority from the government, give the impression that they have the
power to send workers abroad for employment purposes.“ Illegal
recruitment may be undertaken by either non-license or license holders.
Non-license holders are liable by the simple act of engaging in recruitment
and placement activities, while license holders may also be held liable for
committing the acts prohibited under Section 6 of RA 8042.
To prove illegal recruitment, it must be shown that "the accused gave the
complainants the distinct impression that she had the power or ability to
deploy the complainants abroad in a manner that they were convinced to
part with their money for that end. (People vs. Sison, GR No. 187160, 9Aug.
2017)

23. Understanding IR
Lorna, Aida and Fe was approached by their neighbor, Pedro.
They were invited to apply for overseas employment
 in Dubai.
Pedro, upon payment of a fee, brought them to Viva Agency.
They were not able to depart as their employer allegedly did
not arrive. Consequently, they filed a case for illegal
recruitment against Pedro. Pedro raised the defense that he
was not engaged in recruitment. The complainants approached
him and as a good neighbor and friend, he brought them to the
Viva Agency because he knew the owner of the said agency
and his act does not constitute illegal recruitment.
Case

24. Understanding IR
The act of referral, which is included in recruitment,
 is "the act of 
passing along or
forwarding of an applicant
 
for employment after an initial interview of a selected
applicant for employment to a selected employer, placement officer or
bureau.“Rodolfo vs . People, GR No. 146964.
Supreme Court Decision

25. Understanding IR
An illegal recruitment case has been filed against Vivi girl. Vivi girl claimed that he
cannot be convicted of illegal recruitment because of the absence of receipts indicating
that complainants did pay him fees in consideration of his services.
Case

26. Understanding IR
Absence of a document or receipt evidencing the recruitment activities strengthens not
weakens the case for illegal recruitment. People vs. Pabalan 262 SCRA 574
Supreme Court Decision

27. 1.Simple Illegal Recruitment – Absence of
circumstance which will qualify the crime of illegal
recruitment as an offense of economic sabotage
2.Illegal Recruitment Committed in Large Scale – if it is
committed against three (3) or more persons
individually or as a group
3.Illegal Recruitment Committed by a Syndicate – if it is
carried out by a group of three (3) or more persons
conspiring and/or confederation with one another
Kinds of IR
Understanding IR

28. PENALTIES
Simple Illegal Recruitment-Any person found guilty of illegal recruitment shall suffer the penalty
of imprisonment of not less than twelve (12) years and one (1) day but not more than twenty (20)
years and a fine of not less than One Million Pesos (Php1,000,000.00) nor more than Two Million
Pesos (Php2,000,000.00).
Syndicated and Large Scale Illegal Recruitment-Life imprisonment and a fine of not less than
Two Million Pesos (Php2,000,000.00) nor more than Five Million Pesos (Php5,000,000.00)
Provided, however, that the maximum penalty shall be imposed if the person illegally recruited is
less than eighteen (18) years of age or committed by a non-licensee or non-holder of authority.
Other Prohibited Acts -Any person found guilty of any of the prohibited acts shall suffer the
penalty of imprisonment of not less than six (6) years and one (1) day but not more than twelve
(12) years and a fine of not less than Five Hundred Thousand Pesos (Php500,000.00) nor more
than One Million Pesos (Php1,000,000.00).

29. PENALTIES
If the offender is an alien, he or she shall, in addition to the penalties herein prescribed, be deported
without further proceedings.
In every case, conviction shall cause and carry the automatic revocation of the license or registration
of the recruitment/manning agency, lending institutions, training school or medical clinic

30. •Criminal action shall be filed with the RTC
of the province or city where the offense was
committed; or
•Where the offended party actually resides at
the time of the commission of the offense.
VENUE OF ACTION

31. •Simple Illegal recruitment shall prescribe in five (5)
years.
•Illegal recruitment cases involving economic sabotage
shall prescribe in twenty (20) years.
•Recruitment Violations / Money Claims shall prescribe
in three (3) years.
PRESCRIPTIVE PERIOD

32. How to go about
applying for
OVERSEAS
EMPLOYMENT

33. PRIVATE RECRUITMENT/MANNING
AGENCIES
NAME HIRE/DIRECT HIRE
GOVERNMENT/IN-HOUSE PLACEMENT
OF HIRING
Modes
e -Registration
•DMW’s online registration facility on the net  
•Open to all Filipino applicants aspiring for overseas
employment thru the DMW's Government Placement
Bureau

34. DOCUMENTSBasic
BIO-DATA/RESUME
BIRTH CERTIFICATE (authenticated by PSA)
HIGH SCHOOL/COLLEGE DIPLOMA &
TRANSCRIPT OF RECORDS (authenticated by
DepEd or CHED)
EMPLOYMENT CERTIFICATE

35. DOCUMENTS
Other
MARRIAGE CONTRACT
(for married female applicants)
NCMF (National Commission on Muslim Filipinos)
CERTIFICATE
(for MusIim applicants)
TRAINING CERTIFICATE
MARRIAGE CONTRACT
(for married female applicants)
NCMF (National Commission on Muslim Filipinos)
CERTIFICATE
(for MusIim applicants)
TRAINING CERTIFICATE

36. PROCESSINGFor
EMPLOYMENT CONTRACT
(verified and/or authenticated at the post)
WORKING VISA/PERMIT
PASSPORT
PRE-DEPARTURE ORIENTATION
SEMINAR (PDOS) by OWWA
MEDICAL EXAMINATION
EMPLOYMENT CONTRACT
(verified and/or authenticated at the post)
WORKING VISA/PERMIT
PASSPORT
PRE-DEPARTURE ORIENTATION
SEMINAR (PDOS) by OWWA
MEDICAL EXAMINATION

37. FOR AGENCY HIRE
PLACEMENT FEE
Equivalent to 1 month salary (except for HSW,
Seafarers, and countries not requiring placement fees
such as Canada, New Zealand, UK, etc. )
PROCESSING FEE
DMW PHP 200
OWWA Membership Contribution USD 25
PhilHealth Insurance Premium
PAG-Ibig
PHP
PHP
2400/yr
200/mo
DOCUMENTATION COST
Not more than P10,000
Cost

38. DOCUMENTATION
COST
Allowable &
CHARGEABLE
TO OFW
PASSPORT
NBI / POLICE / BARANGAY CLEARANCE
BIRTH CERTIFICATE
AUTHENTICATION
PHILHEALTH
TRADE TEST (if necessary)
INOCULATION (if required by host country)
MEDICAL EXAMINATION
If the recruitment agency extends documentation services, the
worker shall pay only the actual cost(s) of the document(s) and should
be covered by official receipt(s).

39. FEES AND COST
CHARGEABLE TO
PRINCIPAL/EMPL
OYER VISA and/or WORK PERMIT FEE
AIRFARE
DMW PROCESSING FEE
OWWA Membership Contribution
Unless otherwise provided by law, regulations, or bilateral agreement or
arrangement, the principal/employer shall be responsible for the above
CHARGEABLE TO
AGENCY
INSURANCE FEE

40. FOR NAME HIRECost
NO PLACEMENT FEE
PROCESSING FEE
DMW USD 100
OWWA Membership
Contribution
USD 25
PhilHealth Insurance
Premium
PAG-Ibig
PHP
PHP
2400/yr
200/mo

41. EXIT PERMIT
PROOF OF PAYMENT
(POEA Processing Fee, OWWA
Membership Contribution, & PhilHealth
Insurance Premium
TRAVEL TAX EXEMPTION
AIRPORT TERMINAL FEE
EXEMPTION

42. 10 REMINDERS
TO AVOID
ILLEGAL
RECRUITMENT

43. 43
1.
Wag basta maniwala sa
mga advertisement at
job post sa Facebook.
Lalo na yung may
hinihingi agad na pera.
SCAM yan!

44. 44
2.
Mag-apply lang sa DMW o
sa mga recruitment agency
na may valid license. I-
check sa website ng DMW
kung may lisensiya ang
ahensiya.
agency

45. 45
3.
Bawal mag-recruit ang
mga consultancy firm,
training center, travel
agency atbp.
ILLEGAL yan!

46. 46
4.
Bago makipag-transaksiyon,
i-check muna sa website ng
DMW kung ang alok na
trabaho ay may approved na
job order sa DMW. 

47. 47
5.
Makipag-usap lang sa mga
authorized na
representative ng mga
licensed na recruitment
agency. Kunin ang pangalan
at i-check ang ID nila.

48. 48
6.
Makipag-transaksiyon lang
sa opisina ng licensed recruitment
agency. Kung nag-apply sa mga job
fair, maaaring iverify sa local
authorities o PESO kung may permit
ang recruiters.

49. 7.
Kailangan 24 years old
pataas ang mga nag-aapply
na Household Service
Worker o Domestic Helper.
49

50. 50
8.
Kung may babayarang placement fee,
hindi ito dapat lalampas sa isang
buwang halaga ng sweldo. WALANG
PLACEMENT FEE ang Domestic Helper,
Seaman, o mga papunta sa Canada,
USA, New Zealand. I-check sa DMW
kung may placement fee na dapat
bayaran.
one
month
salary

51. 51
9.
Magbayad lang ng placement
fee kung mayroon ng pirmadong
kontrata. Dapat may resibo ang
binayaran. NO CONTRACT -
NO PAYMENT, NO RECEIPT –
NO PAYMENT.

52. 52
10.
Siguraduhing makakakuha ng
karampatang VISA o WORK
PERMIT. Hindi pwede ang
student, tourist o visit visa.
HINDI LEGAL YAN!

54. 54
If overseas employment is
your ultimate option, take
advantage of a complete
understanding how to go
about it and prevent from
being victimized
in the process.
MAGING ALERTO! HUWAG
MAGPALOKO!

55. HOW TO CONTACT DMW-RO XII?
DMW RO XII
(MONDAYS TO FRIDAY 8:00AM - 5:00PM)
1348 DMW-OWWA 24/7
HOTLINE Nos: 0919-067-4015
FB PAGE: DMW XII Koronadal
WEBSITE: www.dmw.gov.ph
EMAIL: [email protected]
TELEPHONE NOS:
[phone]