1 THE RULES OF PROCEDURE

2 IN THE ADJUDICATION OF CASES IN THE

3 DEPARTMENT OF MIGRANT WORKERS
4
5 PART I
6 RULE I. – Common Provisions
7 SECTION 1. Title
8 SECTION 2. Jurisdiction
9 SECTION 3. Coverage
10 SECTION 4. Nature of Proceedings
11 SECTION 5. Applicability of the Rules of Court
12 SECTION 6. Prescription
13 RULE II. – Conciliation of Complaints
14 SECTION 7. Mandatory Conciliation of Complaints
15 SECTION 8. Conciliation Proceedings
16 SECTION 9. Non-appearance of Parties
17 SECTION 10. Administrative Sanction
18 SECTION 11. Confidentiality of the Conciliation Proceedings
19 RULE III. – Filing and Docketing of Complaints and Venue of Action
20 SECTION 12. Who May File
21 SECTION 13. Venue
22 SECTION 14. Contents of the Complaint
23 SECTION 15. On-Site Complaints
24 SECTION 16. Docket, Raffle, and Assignment of Cases
25 SECTION 17. Grounds for Outright Dismissal of Complaint
26 SECTION 18. Issuance of Show Cause Order/Summons/ Notice of Hearing
27
28 PART II. ACTION UPON COMPLAINT
29 RULE I. – Filing and Service of Pleadings, Judgments, and Other Papers
30 SECTION 19. Service of Show Cause Order/Summons/Notice of Hearing
31 SECTION 20. Proof of Completeness of Service of Show Cause
32 Order/Summons/Notice of Hearing
33 SECTION 21. Filing of Pleadings, Motions, and Other Papers
34 SECTION 22. Service of Pleadings, Motions, and Other Papers
35 SECTION 23. Service of Order/Resolution/Decision
36 SECTION 24. Proof of Completeness of Service of Order/Resolution/
37 Decision
38 RULE II. – Proceedings Before the Overseas Employment Adjudicator
39 SECTION 25. Clarificatory Conference and Written Interrogatories
40 SECTION 26. Filing of an Answer
41 SECTION 27. Appearances
42 SECTION 28. Motion for Extension
43 SECTION 29. Hearings
44 SECTION 30. Written Interrogatories
45 SECTION 31. Non-Appearance of Parties
46 SECTION 32. Motion to Re-Open a Case
47 SECTION 33. Discovery of Another Violation
48 SECTION 34. Discovery of Another Respondent
49 SECTION 35. Desistance, Recantation of Testimony, or Withdrawal of
50 Evidence
51 SECTION 36. Records of Proceedings
52 SECTION 37. Resolution of the Case
53 SECTION 38. Contents of Order
54 RULE III. – Remote Hearings
55 SECTION 39. Hearings through Videoconference
56 SECTION 40. Notices, Invitations, and Links for Videoconferencing
57 SECTION 41. Recording the Videoconferencing Hearing
58 SECTION 42. Suspension or Discontinuance of Videoconferencing
59 SECTION 43. Presentation of Evidence
60 SECTION 44. Minutes of the Proceedings
61 SECTION 45. On-Site Investigation and Conduct of Hearing
62 RULE IV. – Order of Preventive Suspension
63 SECTION 46. Issuance of Order of Preventive Suspension
64 SECTION 47. Imposition of Preventive Suspension on a Recruitment
65 Agency
66 SECTION 48. Imposition of Preventive Suspension on a Foreign
67 Principal/Employer
68 SECTION 49. Period to Resolve
69 RULE V. – Imposition of Penalties and Application of Mitigating,
70 Aggravating, or Exempting Circumstances
71 SECTION 50. Penalty When a Case Involves Five or More Workers
72 SECTION 51. Fines
73 SECTION 52. Mitigating, Aggravating, or Alternative Circumstances
74 SECTION 53. Habitual Commission of Less Serious Offenses
75 SECTION 54. Imposition of Penalty
76 SECTION 55. Exempting Circumstances
77 RULE VI. – Motion for Review
78 SECTION 56. Motion for Review
79 SECTION 57. Filing of a Comment
80 SECTION 58. Period to Resolve Motion
81 RULE VII. – Appeal
82 SECTION 59. Jurisdiction
83 SECTION 60. Period to Appeal
84 SECTION 61. Where to File Appeal
85 SECTION 62. Requirements for Appeal
86 SECTION 63. Transmittal of the Records
87 SECTION 64. Failure to Perfect an Appeal
88 SECTION 65. Period to Resolve Appeal
89 SECTION 66. Motion for Reconsideration
90
91 PART III. JUDGMENT AND SERVICE OF PENALTIES
92 RULE I. – Finality of Judgment
 93 SECTION 67. Entry of Judgment
94 SECTION 68. Transmittal of the Records
95 RULE II. – Execution of Judgment
96 SECTION 69. Stay of Execution
97 SECTION 70. Effect of Permanent Disqualification of Principal/Employer
98 SECTION 71. Service of Multiple Penalties
99 SECTION 72. Issuance, Form, and Contents of a Writ of Execution
100 SECTION 73. Motion to Quash Writ of Execution
101 SECTION 74. Enforcement of Writs
102 SECTION 75. Garnishment
103 SECTION 76. Return of Writ of Execution
104
105 PART IV. CLEMENCY/DELISTING
106 RULE I. – Where to File and Effect of Clemency
107 SECTION 77. Where to File
108 SECTION 78. Effect of Filing of a Motion for Clemency
109 SECTION 79. Availment of Clemency
110 RULE II. – Clemency of Foreign Principal/Employer and Overseas Filipino
111 Worker and Delisting of a Partner, Officer, or Director
112 SECTION 80. Grant of Clemency to a Principal/Employer
113 SECTION 81. Removal from the List of Derogatory Record
114 SECTION 82. Grant of Commutation of Penalty to an Overseas Filipino
115 Worker
116 SECTION 83. Grant of Clemency to an Overseas Filipino Worker
117
118 PART V.
119 RULE I. – Miscellaneous Provisions
120 SECTION 84. Automatic Disqualification of Principal/Employer
121 SECTION 85. Lifting of the Automatic Disqualification
122 SECTION 86. Temporary Disqualification of Overseas Filipino Worker
123 SECTION 87. Lifting of Temporary Disqualification of Overseas Filipino
124 Worker
125 SECTION 88. Effects of Orders of Preventive Suspension and Suspension
126 or Cancellation of License
127 SECTION 89. Inhibition of the Regional Director or Adjudicator
128 SECTION 90. Action on Motions/Interlocutory Orders
129 SECTION 91. Consolidation of Cases
130 SECTION 92. Motions in General
131 RULES II. – Final Provisions
132 SECTION 93. Transitory Provisions
133 SECTION 94. Separability Clause
134 SECTION 95. Repealing Clause
135 SECTION 96. Effectivity
136
137
138
139
140 THE RULES OF PROCEDURE
141 IN THE ADJUDICATION OF CASES IN THE
142 DEPARTMENT OF MIGRANT WORKERS
143
144 Pursuant to Section 8 of Republic Act No. 11641 also known as the Department of Migrant
145 Workers Act, the following rules of procedure governing adjudication proceedings are
146 hereby adopted and promulgated:
147
148 PART I
149
150 RULE I
151 Common Provisions
152
153 SECTION 1. Title. – This Rules shall be known as “The Rules of Procedure in the
154 Adjudication of Cases of the Department of Migrant Workers”, and shall be shortly
155 referred to as the “DMW Rules of Procedure”.
156
157 SECTION 2. Jurisdiction. – The Department shall exercise original and exclusive, and
158 appellate jurisdiction to hear and decide all cases which are administrative in character,
159 involving or arising out of: (1) violations of recruitment rules and regulations, including
160 refund of fees collected from Overseas Filipino Workers and any violation of the conditions
161 for the issuance of the license to recruit Overseas Filipino Workers; and (2) disciplinary
162 action cases that are administrative in character, excluding money claims.
163
164 SECTION 3. Coverage. – This DMW Rules of Procedure shall govern the adjudication
165 proceedings of all cases before the Department within its exclusive original and appellate
166 jurisdiction.
167
168 SECTION 4. Nature of Proceedings. – The technicalities of law and procedure and the
169 rules obtaining in the regular courts of law shall not strictly apply in the proceedings before
170 the Department, subject to the necessary due process requirements. Overseas
171 Employment Adjudicators (OEAs) may employ all reasonable means to ascertain the
172 facts of every case in accordance with justice and equity.
173
174 SECTION 5. Applicability of the Rules of Court. – In the absence of any applicable
175 provision in this DMW Rules of Procedure, the pertinent provisions of the Revised Rules
176 of Court of the Philippines and any prevailing jurisprudence may be applied in a suppletory
177 or analogous character and effect.
178
179 SECTION 6. Prescription. – All cases enumerated in this DMW Rules of Procedure shall
180 be barred, if not commenced or filed with the Department within three (3) years after such
181 cause of action accrued.
182
183
184
185
186 RULE II
187 Conciliation of Complaints
188
189 SECTION 7. Mandatory Conciliation of Complaints. – In compliance with the existing
190 rules and issuances on Single Entry Approach (SEnA) pursuant to R.A. No. 10396,
191 complaints involving an Overseas Filipino Worker, licensed recruitment and/or manning
192 agency, or principal/employer relating to overseas employment shall undergo mandatory
193 conciliation before docketing, unless otherwise provided by subsequent issuances of the
194 Department.
195
196 SECTION 8. Conciliation Proceedings. – Upon receipt of the Request for Assistance,
197 the Conciliator shall schedule a conference between the parties to discuss the possibility
198 of arriving at an amicable settlement.
199
200 Where an amicable settlement is reached, the assigned Conciliator shall sign as witness
201 and the Chief of the Alternative Dispute Resolution Division, or the appropriate officer in
202 the Regional Office which conducted the conciliation, as the case may be, shall attest to
203 the due execution thereof. The settlement shall be final and binding upon the parties.
204
205 Where efforts for amicable settlement fail, the conciliation proceedings shall be
206 terminated and the Request for Assistance shall be referred to the appropriate office for
207 action.
208
209 SECTION 9. Non-appearance of Parties. – The non-appearance of the requesting party
210 for two (2) consecutive settings for mandatory conciliation, despite due notice thereof, shall
211 be a ground for the termination of the Request for Assistance for lack of interest.
212
213 In case of non-appearance by the responding party for two (2) consecutive settings for
214 mandatory conciliation, the Conciliator shall immediately terminate the proceedings and
215 refer the Request for Assistance to the appropriate office for action.
216
217 SECTION 10. Administrative Sanction. – In case of unjustified failure by the
218 licensed recruitment and/or manning agencies, principal/employer, or an Overseas
219 Filipino Worker to abide by the terms of the approved settlement, the Undersecretary of
220 Licensing and Adjudication Services, upon motion of the aggrieved party or on its own
221 initiative, shall issue a Writ of Execution for the enforcement of the settlement agreement.
222
223 Failure of any party to comply with the terms of approved settlement despite the lapse of
224 thirty (30) days from the issuance of the Writ, shall warrant the documentary processing
225 suspension or temporary disqualification from participating in the overseas employment
226 program of the non-complying party, as the case may be, until compliance with or
227 satisfaction of the approved settlement. Such suspension or temporary disqualification
228 order shall be issued by the Department through the Undersecretary of Licensing and
229 Adjudication Services.
230
231 SECTION 11. Confidentiality of the Conciliation Proceedings. – Conciliation
232 proceedings are confidential in nature. No evidence or testimony introduced therein shall
233 be admissible as evidence in any other proceedings.
234
235 RULE III
236 Filing and Docketing of Complaints
237 and Venue of Action
238
239 SECTION 12. Who May File. – Any person, natural or juridical, who is aggrieved
240 by the commission of an offense as enumerated in the DMW Rules and Regulations may
241 file a complaint.
242
243 For this purpose, an aggrieved person is one who is prejudiced by the commission of any
244 act amounting to recruitment violation or grounds for disciplinary action.
245
246 The Department may initiate a complaint based on duly substantiated reports of violation
247 of the DMW Rules and Regulations and other issuances on overseas employment. The
248 report shall state clearly the facts constituting the offense, accompanied by all available
249 evidence and/or supporting documents relative thereto.
250
251 SECTION 13. Venue. – Complaints shall be filed in the Regional Office having
252 jurisdiction over the place where the worker was recruited or resides, or where the
253 principal office of the respondent agency or the residence of the worker-respondent is
254 situated, at the option of the complainant.
255
256 In case of multiple complainants, where two or more regional offices have jurisdiction over
257 the place where the workers were recruited or reside, or where the principal office or
258 residence of any of the respondents is situated, the venue shall be at the option of the
259 majority of the complainants. In case of disagreement, the Adjudication Bureau shall
260 determine the venue of the case.
261
262 SECTION 14. Contents of the Complaint. – The body of the complaint must
263 contain the following:
264
265 a. The complete name, complete address, email address, and contact number of the
266 complainant;
267 b. The complete name, complete address, and email address (if available) of the
268 respondent;
269 c. The specific complaint referred to in the classification of offenses;
270 d. The substance, cause/grounds of the complaint;
271 e. When and where the action complained of happened;
272 f. The amount of claim, if any; and
273 g. The relief/s sought.
274
275 The complaint shall be under oath and must be accompanied by:
276
277 a. Supporting documents;
278 b. Certificate of Failure to Conciliate;
279 c. Verification and Certification Against Forum Shopping;
280 d. OFW Information Sheet, if available.
281
282 SECTION 15. On-Site Complaints. – The Manual of Operations of the
283 POLO/MWO shall be observed for complaints within the coverage of this Rules that are
284 filed on- site.
285
286 The MWO shall endorse the complaint to the Adjudication Bureau containing the charged
287 violation/s, together with supporting documents, Verification/Certification Against Forum
288 Shopping, and Certificate of Failure to Conciliate.
289
290 Upon receipt of the complaint, the Case Records Management Division (CRMD) shall
291 determine the completeness of the document. If the documents are complete, the CRMD
292 shall docket the complaint and forward the same to the Regional Office for the conduct of
293 proceedings. Otherwise, the complaint shall be returned to the concerned MWO for the
294 completion of the complaint and its attachments.
295
296 For MWO-indorsed complaints, the following rules shall be observed:
297
298 a. Indorsements of purely Sworn Statements or Complaint-Affidavits executed by
299 complainant/s shall be treated as “Direct Filing” and shall be docketed as “Name of
300 Complainant/s versus Name of Respondent/s”;
301 b. Indorsements with any action/investigation taken on the part of the MWO shall be
302 treated as an In Re Proceeding;
303
304 Once docketed, the case shall be raffled among the OEAs in the Regional Offices.
305
306 SECTION 16. Docket, Raffle, and Assignment of Cases. – A complaint duly
307 received in the Regional Office shall be docketed and assigned to an OEA. In case the
308 Regional Office has more than one OEA, the complaint shall be raffled among them. If
309 the Regional Office has no OEA, the complaint shall be assigned to a pairing OEA nearest
310 the Regional Office that took cognizance of the case.
311
312 The office concerned shall request from the Case Records Management Division (CRMD)
313 through email, for the appropriate docket number. The request shall include the name of
314 OEA to whom the case is assigned and a copy of the complaint. The CRMD shall provide
315 the docket number accordingly.
316
317 SECTION 17. Grounds for Outright Dismissal of Complaint – The following are
318 the grounds for the outright dismissal of the complaint, without prejudice to the re-filing of
319 the same:
320
321 a. Improper Party;
322 b. Failure to state cause of action;
323 c. Failure to comply with the formal requirements and/or with any condition sine qua non
324 in the filing of a complaint; and
325 d. Non-appearance in the scheduled clarificatory conference/s.
326
327 The following are the grounds for the outright dismissal of the complaint with prejudice:
328
329 a. Prescription;
330 b. Misrepresentation in the Verification/Certification Against Forum Shopping;
331 c. Res judicata;
332
333 SECTION 18. Issuance of Show Cause Order/Summons/Notice of Hearing. –
334 Upon receipt of the duly docketed complaint, the OEA shall issue Show Cause
335 Order/Summons, directing the respondent to file a verified Answer, and not a motion to
336 dismiss.
337
338 A Notice of Hearing shall likewise be issued informing the parties of the scheduled
339 hearings.
340
341 PART II
342 Action upon Complaint
343
344 RULE I
345 Filing and Service of Pleadings, Judgments, and Other Papers
346
347 SECTION 19. Service of Show Cause Order/Summons/Notice of Hearing. –
348 The Show Cause Order/Summons/Notice of Hearing, including a copy of the
349 complaint/report and its supporting documents shall be served upon the respondent,
350 through personal service, registered mail, or accredited courier.
351
352 If, for justifiable reason, the respondent/s cannot be served through any of the foregoing
353 modes, service by electronic mail shall be made through the email address registered
354 with the Department or indicated in the complaint.
355
356 SECTION 20. Proof of Completeness of Service of Show Cause
357 Order/Summons/Notice of Hearing. – Personal service made to the registered office of
358 the licensed recruitment and/or manning agency shall be complete upon receipt by its
359 officer or personnel or agent.
360
361 If such service cannot be made to the licensed recruitment and/or manning agency, it shall
362 be made upon the person who customarily receives the correspondence at its registered
363 office.
364
365 Service by registered mail or through accredited courier to the registered office of the
366 licensed recruitment and/or manning agency, the registered address of the foreign
367 principal/employer, the registered office of the local agency to which the foreign
368 principal/employer is actively accredited or the Overseas Filipino Worker shall be deemed
369 complete upon receipt by the addressee or agent.
370
371 In case the office of the licensed recruitment and/or manning agency is closed and no
372 notice of change of address or cessation of operation has been filed, service to the last
373 known address duly registered with the Licensing and Regulations Bureau shall be
374 deemed complete.
375
376 Substituted service through electronic mail to the registered e-mail address of the
377 licensed recruitment and/or manning agency, foreign principal/employer, or Overseas
378 Filipino Worker shall be deemed complete at the time of the electronic transmission of the
379 document.
380
381 SECTION 21. Filing of Pleadings, Motions, and Other Papers. – The filing of
382 pleadings, motions, and other submissions, including editable soft copies, shall be made
383 by:
384
385 a. Submitting personally the original copies thereof to the concerned Regional Office;
386 b. Sending them by registered mail;
387 c. Sending them by accredited courier; or
388 d. Transmitting them by electronic mail or other electronic means to the official e-mail
389 addresses of the concerned Regional Office.
390
391 In the first mode, the actual date and hour of filing shall be indicated on the pleading. In
392 the second and third modes, the date of the mailing of motions, pleadings, and other court
393 submissions, as shown by the post office stamp on the envelope or the registry receipt,
394 shall be considered as the date of filing. The envelope shall be attached to the record of
395 the case. In the last mode, the date of electronic transmission shall be considered as the
396 date of filing.
397
398 The modes of filing via accredited courier and email shall not be applicable to initiatory
399 pleadings such as the Complaint or Notice of Appeal, which must be done personally or
400 by registered mail.
401
402 SECTION 22. Service of Pleadings, Motions, and Other Papers. – Service of
403 pleadings, motions, and other submissions to the adverse party shall be made personally,
404 or by registered mail or accredited courier, or by electronic mail.
405
406 The party filing a pleading shall serve the opposing party/ies with a copy thereof and its
407 supporting documents. No pleading shall be considered without proof of service to the
408 opposing party/ies except if filed simultaneously during a scheduled hearing before the
409 OEA.
410
411 SECTION 23. Service of Order/Resolution/Decision. – Upon rendition of
412 judgment or issuance of an interlocutory order, the Department, through its duly
413 authorized representative, shall serve a copy of the Order/Resolution/Decision upon the
414 parties and/or their counsel of record by personal service, or by registered mail or
415 accredited courier, or by electronic mail.
416
417 If a party is represented by counsel, the date of receipt by its counsel of a copy of the
418 Order/Resolution/Decision shall be the reckoning period to file a Motion for Review,
419 Appeal, or Motion for Reconsideration, as the case may be.
420
421 SECTION 24. Proof of Completeness of Service of Order/Resolution/Decision.
422 – Personal service is complete upon actual delivery of the copy of the Order, Resolution,
423 or Decision.
424
425 Service by registered mail or accredited courier is complete upon actual receipt by the
426 addressee.
427
428 However, if the actual delivery could not be completed and served to the addressee,
429 service of the Order, Resolution, or Decision is deemed complete upon showing of proof
430 that the Order, Resolution, or Decision has been sent to the last known registered address
431 of the addressee, or after thirty (30) days from the date of mailing, whichever is earlier.
432
433 RULE II
434 Proceedings Before the Overseas Employment Adjudicator
435
436 SECTION 25. Clarificatory Conference and Written Clarificatory Questions. –
437 Upon receipt of the assigned case, the OEA shall evaluate the case records. The OEA, at
438 his/her discretion, may schedule a clarificatory conference with the complainant to require
439 answers to written clarificatory questions.
440
441 SECTION 26. Filing of an Answer. – The verified Answer should be filed within
442 fifteen (15) calendar days from receipt of the Show Cause Order/Summons, attaching an
443 editable soft copy thereof and proof that a copy of the same was sent to the complainant.
444
445 SECTION 27. Appearances. – A party may appear personally in his/her own behalf
446 or through a duly authorized representative.
447
448 A lawyer appearing for a party shall submit his/her Entry of Appearance in writing with
449 proof of authority to represent which shall indicate his/her attorney’s roll number, PTR
450 number, IBP number for the current year, valid Mandatory Continuing Legal Education
451 (MCLE) Compliance, and complete address and email address. A lawyer appearing
452 without complying with the foregoing shall not be recognized as a representative of a
453 party.
454
455 The complete name and office address of counsel/representative of either party shall be
456 made part of the record and the adverse party or his/her counsel/representative shall be
457 properly notified. Any change in the address or email address of counsel/representative
458 shall likewise be put on record with notice served upon the adverse party or
459 counsel/representative.
460
461 Any change or withdrawal of counsel/representative shall be made in accordance with the
462 Rules of Court.
463
464 SECTION 28. Motion for Extension. – Only one motion for extension of time to
465 file an Answer shall be allowed. The OEA, upon receipt of such motion may, upon
466 meritorious grounds, grant a non-extendible period of ten (10) calendar days. However, if
467 the allegations in the complaint/report refer to facts or circumstances which occurred
468 abroad, thereby making it necessary to verify with the concerned principal/employer, a
469 longer period not exceeding fifteen (15) days may be granted. A ruling made by the OEA
470 on the motion shall be entered into the Minutes of the Proceedings.
471
472 An Answer filed out of time shall not be considered except upon motion and only on
473 meritorious grounds.
474
475 SECTION 29. Hearings. – After due notice, the OEA shall conduct a preliminary
476 conference to the parties for the purpose of discussing:
477
478 a. The possibility of an amicable settlement;
479 b. The simplification of the issues;
480 c. The possibility of obtaining stipulations or admissions of facts and of documents
481 to avoid unnecessary proof;
482 d. The names and number of witnesses to be presented;
483 e. The evidence to be presented and the purpose for its presentation;
484 f. The propriety of rendering judgment on the pleadings, or summary judgment, or
485 of dismissing the action should a valid ground exist; and
486 g. Such other matters that may aid in the prompt disposition of the action.
487
488 The OEA shall conduct the hearing and take full control of the proceedings. He/she may
489 freely examine the parties and witnesses with respect to the relevant matters at issue,
490 and ask clarificatory questions to help in the effective resolution of the issues in the case.
491 The evidence to be presented by the parties may be limited by the OEA to ensure that
492 only those which are relevant and material to the issues at hand are litigated, and to aid
493 in the speedy and just dispensation of the case.
494
495 For gender-sensitive cases, hearings shall be conducted by gender-trained OEAs within
496 designated gender hearing areas.
497
498 SECTION 30. Written Interrogatories. – For cases involving complainants or
499 witnesses working overseas, the OEA shall employ all reasonable means to ascertain the
500 relevant facts and information. The OEA shall observe the following guidelines in sending
501 written interrogatories or questions to the on-site complainants and their witnesses,
502 through the MWO:
503
504 A. At any stage of the proceedings and before the case is submitted for resolution,
505 the OEA may, motu proprio or upon written request, allow written interrogatories
506 or questions to be answered by the on-site complainant and/or his/her witnesses;
507 B. The OEA shall prepare the questions that will be transmitted to the concerned
508 MWO to be propounded to the on-site complainant and/or his/her witnesses. The
509 concerned MWO shall exert all reasonable effort to ensure that the on-site
510 complainant and/or his/her witnesses shall answer the questions truthfully within
511 fifteen calendar (15) days from receipt of the written interrogatories;
512 C. Should the questions remain unanswered within fifteen (15) days from receipt of
513 the written interrogatories despite diligent efforts, the MWO shall immediately
514 inform the concerned OEA who shall proceed with the hearing and resolve the
515 case based on available records and evidence.
516 D. Upon receipt of the answers to the written interrogatories, the handling OEA shall
517 furnish the respondent(s) with a copy thereof, directing them to file their comments
518 within fifteen calendar (15) days from receipt of the notice. Respondents who fail
519 to file their comments within the prescribed period shall be deemed to have waived
520 their right to comment on the written interrogatories.
521
522 SECTION 31. Non-Appearance of Parties. – The OEA shall schedule at least two
523 (2) hearings. If the complainant fails to appear in all of the scheduled hearings despite
524 notice, the complaint shall be dismissed without prejudice to its re-filing within the
525 prescriptive period. If a case was refiled after it has been dismissed without prejudice, non-
526 appearance of the complainant shall cause the dismissal of the case with prejudice.
527
528 If the respondent licensed recruitment and/or manning agency fails to appear in all of the
529 scheduled hearings despite notice, the complaint shall be resolved based on the evidence
530 on record.
531
532 If the respondent foreign principal/employer or Overseas Filipino Worker fails to appear
533 in all scheduled hearings and to file the required Answer, and there is no indication that
534 said respondent received the Summons, the case shall be ordered archived and the
535 respondent shall be declared temporarily disqualified from participating in the overseas
536 employment program until the respondent submits to the jurisdiction of the Department.
537
538 If both parties failed to appear in all scheduled hearings, the complaint shall be dismissed
539 without prejudice.
540
541 SECTION 32. Motion to Re-Open a Case. – In case an Order is issued archiving
542 the case, the respondent may file a Motion to Re-Open a case and verified answer to
543 remove his name from the temporary watchlist.
544
545 The Movant must specify his/her email address where notices, resolution, or decision
546 may be served.
547
548 An Order shall be issued granting the motion to re-open and the case shall be assigned
549 to an OEA for the conduct of hearing, if necessary.
550
551 SECTION 33. Discovery of Another Violation. – When in the course of
552 investigation, another offense is discovered, the OEA shall issue the necessary
553 supplemental Show Cause Order or Summons or inform the respondent of the charge
554 discovered during the investigation and enter the same in the Minutes of the Hearing. The
555 OEA shall allow the respondent the requisite period within which to file an Answer to the
556 Supplemental Show Cause Order or Summons.
557
558 Failure to charge the newly discovered violation within the prescriptive period shall be a bar
559 to the commencement of another action based on said newly discovered violation.
560
561 SECTION 34. Discovery of Another Respondent. – When in the course of the
562 investigation, another licensed recruitment and/or manning agency, principal/employer or
563 Overseas Filipino Worker appears to have committed an offense related to the subject of
564 the investigation, the OEA shall implead said licensed recruitment and/or manning
565 agency, principal/employer or Overseas Filipino Worker in the pending case. For this
566 purpose, a Supplemental Show Cause Order or Summons shall be issued to the licensed
567 recruitment and/or manning agency, principal/employer or Overseas Filipino Worker in
568 accordance with this Rules.
569
570 Failure to implead the newly discovered respondent within the prescriptive period shall be
571 a bar to the commencement of an action against the licensed recruitment and/or manning
572 agency, principal/employer or Overseas Filipino Worker.
573
574 SECTION 35. Desistance, Recantation of Testimony, or Withdrawal of
575 Evidence. – Any desistance, recantation of testimony, or withdrawal of complaint or
576 evidence shall be made in affidavit form and affirmed before the OEA.
577
578 Provided, that any handwritten desistance, recantation of testimony, withdrawal of
579 complaint or other similar statement made by the complainant and affirmed before any
580 OEA shall have the same effect.
581
582 If the handwritten desistance, recantation of testimony, withdrawal of complaint or other
583 similar statement is affirmed before an OEA other than the handling hearing officer, the
584 same shall be immediately endorsed to the regional office where the case is pending.
585
586 The submission of Affidavit of Desistance, Recantation of Testimony, Withdrawal of the
587 complaint, or other similar statement by the complainant through the MWO and/or
588 Philippine Embassy/Consulate shall be subject for confirmation/authentication by the
589 concerned office.
590
591 Provided further that any withdrawal of complaint/desistance shall not bar the OEA from
592 proceeding with the investigation of the recruitment violation case/complaint for
593 disciplinary action. The case shall be resolved on the merits if there is substantial
594 evidence warranting the imposition of appropriate penalties.
595
596 SECTION 36. Records of Proceedings. – The records of all proceedings before
597 the OEA shall be chronologically arranged and appropriately paginated. The Minutes of
598 Proceedings shall be signed by the parties and shall form part of the records. In case the
599 parties refuse to sign, the refusal and reason/s given must be indicated by the OEA in the
600 minutes.
601
602 SECTION 37. Resolution of the Case. – Within six (6) months from the date of the
603 conduct of the last hearing or after the case is submitted for resolution, the OEA shall
604 submit his/her findings and recommendations to the Regional Director in the form of a
605 draft Order. The Regional Director shall render a decision within sixty (60) days from
606 receipt of the findings and recommendations.
607
608 SECTION 38. Contents of Order. – The Order issued by the Regional Director
609 shall be clear and concise and shall include the following:
610
611 a. facts of the case;
612 b. issue/s involved;
613 c. applicable laws or rules;
614 d. conclusions and reasons therefor; and
615 e. the specific sanction, remedy or relief granted.
616
617 In cases involving monetary awards for refund of fees or expenses, the
618 Order/Resolution/Decision shall specifically indicate the amount awarded, including
619 amount of interest, if any. The amount of interest shall be computed from the time of
620 collection up to the filing of the case.
621
622 RULE III
623 Remote Hearings
624
625 SECTION 39. Hearings through Videoconference. – In case a party is outside
626 the Philippines, he/she may request for the videoconference hearing provided that,
627 he/she shall have to communicate with the Regional Office concerned for his/her
628 availability to go to the MWO/Philippine Embassy/Consulate.
629
630 The hearings through videoconference to be conducted shall, as far as practicable, be
631 consistent with pertinent issuances of the Supreme Court.
632
633 SECTION 40. Notices, Invitations, and Links for Videoconferencing. – The
634 Regional Office concerned shall send out to the party litigants’ email addresses on record,
635 the invitation or link to the videoconferencing at least twenty-four (24) hours before the
636 scheduled hearing. The invitation or link must be treated with strict confidentiality and shall
637 not be shared by the party litigants with any other person.
638
639 SECTION 41. Recording the Videoconferencing Hearing. – The proceedings
640 through videoconferencing shall be recorded by the OEA. Participants and other persons
641 attending the videoconferencing hearing are strictly prohibited from recording any portion
642 of the proceedings through any means. However, litigants and their counsel may be
643 allowed to view the recording upon motion and approval of the OEA.
644
645 SECTION 42. Suspension or Discontinuance of Videoconferencing. – The
646 OEA may, at any point during the videoconferencing, suspend the proceedings should
647 any technical issue tending to taint the regularity or fairness of the proceedings arise.
648 Should the said technical issue remain unresolved despite efforts to fix the same, the OEA
649 may altogether discontinue the proceedings. The same action shall be taken when
650 matters arise warranting the physical appearance of a litigant or witness. In all cases, the
651 reason/s for the suspension or discontinuance shall be reflected in the Minutes.
652
653 SECTION 43. Presentation of Evidence. – Evidence, unless already part of the
654 records of the case, shall be filed and served at least three (3) days prior to the scheduled
655 videoconferencing. The OEA may direct the party litigant or his/her counsel to share the
656 evidence on-screen, through document cameras, digital screen-sharing function of the
657 videoconferencing software or platform, and other electronic means.
658
659 SECTION 44. Minutes of the Proceedings. – In case any of the parties cannot
660 sign the minutes, the same shall be read to them and they shall signify their conformity
661 thereto. Such facts must be properly indicated by the OEA in the minutes. Records
662 of videoconferencing hearing shall not be available to the parties.
663
664 SECTION 45. On-Site Investigation and Conduct of Hearing. – Upon
665 determination of the Secretary, on-site investigation and conduct of hearing shall be
666 conducted pursuant to the guidelines to be issued by the Department.
667
668 RULE IV
669 Order of Preventive Suspension
670
671 SECTION 46. Issuance of Order of Preventive Suspension. – Pending
672 investigation of the recruitment violation or disciplinary action complaint, the erring
673 recruitment agency, foreign principal/employer, or Overseas Filipino Worker may be
674 suspended for a period not exceeding ninety (90) days, on the following grounds:
675
676 a. For the recruitment agency
677 1. There exists reasonable ground to believe that the continued operation of the
678 licensed recruitment and/or manning agency will lead to further violation or
679 exploitation of workers being recruited or deployed or will adversely affect
680 friendly relations with any country or will prejudice national interest; or
681 2. There is a prima facie evidence of a case for violation of this Rules and
682 Regulations pertaining to a serious or less serious offense where the evidence
683 of guilt is strong.
684
685 b. For a foreign principal/employer
686 1. When the evidence of guilt is strong; and
687 2. There is reasonable ground to believe that the continued deployment to the
688 principal/employer will result in further violation or exploitation of OFWs or any
689 of the grounds for the suspension of accreditation provided by Section 108 of
690 the Rules is present.
691
692 c. For a migrant worker
693 1. When the evidence of guilt is strong; and
694 2. The charge involves a serious offense.
695
696 SECTION 47. Imposition of Preventive Suspension on a Recruitment Agency.
697 – An Order of Preventive Suspension shall be imposed on a recruitment agency under
698 any of the following circumstances:
699
700 a. Upon docketing of a recruitment violation case and without prior notice and hearing,
701 when the worker is a minor at the time of deployment;
702 b. When recommended by any of the government agencies who are members of the
703 Inter-Agency Council Against Trafficking (IACAT) or the Presidential Task Force
704 Against Illegal Recruitment (PTFAIR) or by the Embassy or MWO; Provided, that the
705 recommendation is supported by a detailed report, and/or sworn statement/s of
706 worker/s or affidavits of witnesses, and other evidence; Provided further, that the
707 recruitment agency shall be given a non-extendible period of five (5) days from receipt
708 of the Show Cause Order within which to file an Answer/Explanation; or
709 c. When during the pendency of the investigation of the case and after the filing of the
710 Answer or lapse of the period of filing the same, it is determined that there is a
711 necessity for the issuance of OPS prior to the resolution of the case.
712
713 SECTION 48. Imposition of Preventive Suspension on a Foreign
714 Principal/Employer. – An Order of Preventive Suspension shall be imposed on a foreign
715 principal/employer under any of the following circumstances:
716
717 a. Upon docketing of the case, without need of a notice or hearing:
718 1. When there are five (5) or more complainants and the nature of the offense
719 involves a serious or less serious offense, if the circumstances so warrant;
720 2. When the worker involved is a minor at the time of deployment; or
721 3. When the worker dies or suffers severe physical/psychological maltreatment or
722 sexual abuse in the course of the employment.
723
724 b. When recommended by any of the government agencies who are members of the
725 Inter-Agency Council Against Trafficking (IACAT), Presidential Task Force Against
726 Illegal Recruitment (PTFAIR), or by the Embassy/ MWO; Provided, that the
727 recommendation is supported by a detailed report, and/or sworn statement/s of
728 worker/s or affidavits of witnesses, and other evidence; Provided further, that the
729 foreign principal/employer shall be given a non-extendible period of five (5) days from
730 receipt of the Summons within which to file an Answer/Explanation;
731 c. When during the pendency of the investigation of the case and after the filing of the
732 Answer or lapse of the period of filing the same, it is determined that there is a
733 necessity for the issuance of OPS prior to the resolution of the case; or
734 d. When the Foreign Placement Agency has direct or indirect participation in the above-
735 mentioned circumstances.
736
737 SECTION 49. Period to Resolve. – The Regional Director shall render a decision
738 within ninety (90) days from the date of receipt by the respondent/s of the Order of Preventive
739 Suspension. Otherwise, the suspension shall be deemed lifted through an Order without
740 prejudice to the outcome of the investigation.
741
742 RULE V
743 Imposition of Penalties and Application of Mitigating, Aggravating, or
744 Exempting Circumstances
745
746 SECTION 50. Penalty When a Case Involves Five or More Workers. – The
747 penalty of cancellation of license shall be imposed upon a respondent agency found liable
748 for committing a less serious or light offense against five (5) or more workers in a single
749 case. This provision shall not apply to consolidated cases unless there are five (5) or
750 more complainants in any of the consolidated cases.
751
752 SECTION 51. Fines and Service of Penalty. – In lieu of the penalty of suspension
753 of license of the recruitment and/or manning agency, the penalty of fine which shall be
754 computed at Fifty Thousand Pesos (PhP50,000.00) for every month of suspension may
755 likewise be imposed.
756
757 In case the penalty is fully served and/or the alternative penalty has been paid, a Lifting
758 Order shall be issued by the Department or its duly authorized representative.
759
760 SECTION 52. Mitigating, Aggravating, or Alternative Circumstances. – Except
761 when the imposable penalty is cancellation of license, the following mitigating,
762 aggravating, and alternative circumstances attendant to the commission of the offense
763 shall be considered in the determination of the penalties:
764
765 a. First offender;
766 b. Admission of guilt and voluntary restitution, where applicable;
767 c. Good faith;
768 d. Exemplary performance;
769 e. Habitual offender;
770 f. Prejudice to the offended party;
771 g. Gross negligence; or
772 h. Other analogous circumstances.
773
774 The party may invoke in the Complaint or Answer/Explanation the existence of any of the
775 above enumerated circumstances.
776
777 Provided that the Regional Director/OEA, on his/her own initiative, may consider the
778 existence of any of the foregoing, if the circumstances so warrant.
779
780 SECTION 53. Habitual Commission of Less Serious Offenses. – A licensed
781 recruitment and/or manning agency, which commits the same less serious offense, for
782 five (5) times or more, shall be considered a habitual offender. For this purpose, the
783 maximum of the penalty shall be imposed upon it.
784
785 SECTION 54. Imposition of Penalty. –When applicable, the penalty of
786 suspension may be imposed in accordance with the following:
787
788 a. The minimum of the penalty shall be imposed where only mitigating and no
789 aggravating circumstances are present.
790 b. The medium of the penalty shall be imposed where no mitigating and aggravating
791 circumstances are present.
792 c. The maximum of the penalty shall be imposed where only aggravating and no
793 mitigating circumstances are present.
794 d. Where aggravating and mitigating circumstances are present, paragraph (a) shall be
795 applied where there are more mitigating circumstances present; paragraph (b) shall
796 be applied when the circumstances equally offset each other; and paragraph (c) shall
797 be applied where there are more aggravating circumstances.
798
799 SECTION 55. Exempting Circumstances. – The following are considered as
800 legitimate reasons for an Overseas Filipino Worker not to depart for the worksite, or to
801 abandon or withdraw from employment:
802
803 a. Exposure to hazardous or demeaning working and living conditions;
804 b. Refusal of the principal to grant, release or remit wages and other benefits due the
805 worker;
806 c. War, plague or other calamities or other dangerous situations at the worksite as
807 determined by the Department;
808 d. Violation by the principal/employer of labor laws of the Philippines, the host country
809 or international labor laws; and
810 e. Other exceptional or humanitarian circumstances, upon submission of proof of
811 reimbursement of the actual expenses warranted by the Rules which were incurred
812 by the recruitment and/or manning agency.
813
814 RULE VI
815 Motion for Review
816
817 SECTION 56. Motion for Review. – Within the period to file an appeal, an
818 aggrieved party may file a motion for review, copy furnished to the opposing party, before
819 the Undersecretary for Licensing and Adjudication when any Regional Director exercising
820 quasi-judicial functions has acted with grave abuse of discretion in imposing the penalty
821 of cancellation or suspension of one (1) year. The aggrieved party shall allege the facts
822 with certainty and pray that judgment be rendered annulling or modifying the Order of the
823 Regional Director.
824
825 The filing of a Motion for Review shall not stay the execution of the judgment.
826
827 SECTION 57. Filing of a Comment. – Within ten (10) calendar days from receipt
828 of the Motion, the opposing party shall file his/her comment attaching a soft copy thereof and
829 proof that a copy of the Motion was sent to the movant.
830
831 SECTION 58. Period to Resolve Motion. – The Undersecretary shall resolve the
832 motion for review within three (3) months from the filing of the comment.
833
834 RULE VII
835 Appeal
836
837 SECTION 59. Jurisdiction. – The Secretary shall have exclusive jurisdiction over
838 appeals from the Orders of the Undersecretary for Licensing and Adjudication and the
839 Regional Directors.
840
841 The Secretary shall also assume jurisdiction on appeals from the previous decisions of
842 the Administrator of the former POEA, provided that the same are filed within the
843 reglementary period.
844
845 SECTION 60. Period to Appeal. – The party aggrieved by a decision of the
846 Undersecretary for Licensing and Adjudication and Regional Director or the previous
847 POEA Administrator may appeal the same within fifteen (15) calendar days from receipt
848 of a copy of the order/decision. No motion or request for extension of the period within
849 which to perfect an appeal shall be allowed.
850
851 A Motion for Reconsideration of the Order of the Regional Director or the POEA
852 Administrator shall be treated as an appeal.
853
854 SECTION 61. Where to File Appeal. – Appeals from the Orders/Decisions of the
855 Regional Director or the previous POEA Administrator shall be filed with the Regional
856 Office that issued the assailed Orders/Decisions, or the Adjudication Bureau,
857 respectively.
858
859 SECTION 62. Requirements for Appeal. – The appealing party shall file a Notice
860 of Appeal and Memorandum of Appeal, with proof of service upon the adverse party, if
861 any. The Memorandum of Appeal shall be verified and shall clearly point out the errors
862 of law and/or fact in the decision appealed from.
863
864 In case a fine and/or monetary award is imposed against the appealing party, the
865 appealing party shall also file a supersedeas bond in the amount of such fine, monetary
866 award, and/or alternative penalty of fine in lieu of suspension. The supersedeas bond
867 shall be in cash, or in a surety bond acceptable to the Department, and shall be valid until
868 the case is finally resolved.
869
870 To be acceptable, the following documents shall be attached to the surety bond submitted:
871
872 a. Certified copy of a valid certificate of accreditation and authority issued by the Office
873 of the Court Administrator of the Supreme Court containing the photograph of the
874 authorized agent;
875 b. Copy of the certificate of compliance with Circular No. 66 of the Insurance Commission
876 duly certified by the Insurance Commission; and
877 c. Corporate secretary’s certificate containing the specimen signatures of the agents
878 authorized to transact business with courts.
879
880 No motion to reduce an appeal bond shall be entertained by the Regional Director except
881 on meritorious grounds, and only upon the posting of a bond in a reasonable amount in
882 relation to the fine, and/or alternative penalty of fine in lieu of suspension imposed under
883 the decision appealed from.
884
885 In no case shall the monetary award be subjected to a reduction of appeal bond.
886
887 Non-compliance with the foregoing requirements shall be a ground for dismissal of the
888 Appeal.
889
890 SECTION 63. Transmittal of the Records. – From receipt of the appeal
891 seasonably filed, the concerned Regional Office shall transmit the entire records of the
892 case to the Office of the Secretary.
893
894 SECTION 64. Failure to Perfect an Appeal. – In case of failure to file an appeal
895 within the reglementary period, the order shall be deemed final and executory.
896
897 In case any of the requirements has not been complied with, the appeal shall not be given
898 due course by the Secretary or by his/her duly authorized representative.
899
900 An Order to such effect shall be issued by the Office of the Legal Service concerned.
901
902 SECTION 65. Period to Resolve Appeal. – The Appeal shall be resolved within
903 six (6) months from receipt of the answer of the appellee or upon the filing of the last
904 pleading or memorandum. The case shall be deemed submitted for resolution upon filing
905 of the last pleading or memorandum, if required.
906
907 SECTION 66. Motion for Reconsideration. – Motion for Reconsideration of any
908 decision, resolution or order of the Secretary shall not be entertained except when based
909 on palpable or patent errors,; provided that the motion is filed within ten (10) calendar
910 days from receipt of decision, resolution or order, with proof of service that a copy of the
911 same has been furnished to the adverse party; and provided further, that only one such
912 motion from the same party shall be entertained.
913
914 PART III
915 Judgment and Service of Penalties
916
917 RULE I
918 Finality of Judgment
919
920 SECTION 67. Entry of Judgment. – An Entry of Judgment shall be issued by the
921 Secretary or by his/her duly authorized representative, upon failure to file an appeal within
922 the reglementary period or to comply with any of the requirements for the perfection of an
923 appeal.
924
925 In case of appeal, the Secretary or his/her duly authorized representative shall issue an
926 Entry of Judgment either upon failure to file a Motion for Reconsideration within the
927 reglementary period or upon resolution of the Motion for Reconsideration, as the case may
928 be.
929
930 SECTION 68. Transmittal of the Records. – After the issuance of Entry of
931 Judgment, the Secretary or his/her duly authorized representative, as the case may be,
932 shall immediately transmit the entire records of the case to the Adjudication Bureau for
933 execution of judgment.
934
935 RULE II
936 Execution of Judgment
937
938 SECTION 69. Stay of Execution. – The Order rendered by the Regional Director
939 shall be stayed during the pendency of the appeal except when:
940
941 a. the penalty imposed is cancellation of license; or
942 b. the penalty imposed is suspension of license for one (1) year or more;
943 c. the penalty imposed is permanent disqualification against the principal/employer.
944
945 A Petition for Certiorari with the Court of Appeals or the Supreme Court shall not stay the
946 execution of the assailed order/decision of the Secretary or Regional Director unless a
947 restraining order is issued by said courts.
948
949 SECTION 70. Effect of Permanent Disqualification of Principal/Employer or
950 Worker. – The principal/employer or worker against whom the penalty of permanent
951 disqualification had been imposed through an Order, Decision or Resolution shall be
952 immediately disqualified from participating in the overseas employment program upon
953 receipt of proof of service of the Order, Decision or Resolution to the accredited Philippine
954 Recruitment Agency (PRA) or to the registered email address of the Principal/Employer,
955 unless cleared by the Department or the penalty imposed is lifted.
956
957 SECTION 71. Service of Multiple Penalties. – If the respondent is found liable for
958 two (2) or more offenses, service of the penalties shall be in the following manner:
959
960 a. If the penalties consist of both cancellation/disqualification and suspension and the
961 penalty of cancellation/disqualification is appealed, the penalty of suspension cannot
962 be served simultaneously with the execution of the cancellation/disqualification
963 pending appeal.
964 b. If the penalties consist only of suspension, they shall be served successively. In case
965 the same penalty/ies of suspension are rendered against the same respondent in
966 different cases before different Regional Offices, the suspensions shall likewise be
967 served successively.
968
969 In this regard, the Enforcement Division shall maintain a system of monitoring of the
 970 successive service and/or implementation of penalties.
971
972 c. Without prejudice to the enforcement of a penalty, if the same consists of suspension
973 with the alternative penalty of fine and/or accessory penalty of fine, the respondent
974 may exercise the option to pay the full amount thereof by filing a written manifestation
975 to the Enforcement Division of the Adjudication Bureau within fifteen (15) days from
976 receipt of the decision/resolution. Provided, that if the penalty is imposed subsequent
977 to the cancellation of the license of the respondent by virtue of a final judgment in
978 another case, the alternative penalty of fine shall be instead enforced by garnishing
979 the corresponding amount from the escrow deposit.
980
981 Failure of the respondent to file a written manifestation shall be deemed a waiver of the
982 exercise of the option to pay the full amount of the alternative penalty of fine, in which case,
983 the penalty of suspension shall be executed unless stayed by an appeal seasonably filed.
984
985 SECTION 72. Issuance, Form, and Contents of a Writ of Execution. – A Writ of
986 Execution may, upon motion or motu proprio, be issued by the Undersecretary for
987 Licensing and Adjudication or his/her duly authorized representative to enforce the Order
988 or Decision of the Regional Director or Office of the Secretary. The Writ of Execution must
989 be issued in the name of the Republic of the Philippines, requiring the Enforcement Officer
990 to execute the Orders/Resolutions/Decisions of the Regional Director or the Office of the
991 Secretary or his/her duly authorized representative, as the case may be.
992
993 The Writ of Execution must contain the dispositive portion of the Order, Resolution or
994 Decision sought to be executed. It must require the Enforcement Officer to serve the writ
995 upon the losing party or upon any other person required by law to obey the same before
996 proceeding to satisfy the judgment.
997
998 Execution shall proceed against the escrow deposit of the losing recruitment agency or
999 the supersedeas bond, if applicable.
1000
1001 In case the license of the respondent agency has been cancelled and the escrow deposit
1002 is already insufficient, the prevailing party shall file his/her claim before the appropriate
1003 forum.
1004
1005 A Writ of Execution shall not be necessary for the enforcement of Orders or Decisions in
1006 the following cases:
1007
1008 a. For the return of travel and other related documents. A copy of the Order or Decision
1009 served upon the losing party or upon any other person required by law to obey such
1010 Order of Decision is sufficient; and
1011 b. Where the agency had earlier posted a cash bond in relation to an appeal. Certified
1012 copies of the final and executory Order and official receipt of the cash bond shall be
1013 sufficient basis for the preparation of the voucher for the release of the amount to be
1014 refunded, or for the confiscation/forfeiture of the amount equivalent to the fine.
1015
1016 The Writ of Execution shall be valid and effective for a period of sixty (60) calendar days
1017 from issuance thereof.
1018
1019 Thereafter, an alias Writ of Execution may, upon motion or motu proprio, be issued by the
1020 Adjudication Bureau to enforce the Order or Decision of the Regional Director or Office
1021 of the Secretary.
1022
1023 SECTION 73. Motion to Quash Writ of Execution. – Within five (5) days from
1024 receipt of a copy of Writ of Execution, the judgment debtor may file a Motion to Quash the
1025 Writ of Execution on meritorious ground. The filing of such motion shall not stay the
1026 execution of the writ, unless a cash or surety bond is posted equivalent to the judgment
1027 award and/or fine which shall answer for the same in the event that the motion is denied.
1028
1029 An Order denying a Motion to Quash the Writ of Execution is final and no further motions
1030 of similar nature shall be entertained.
1031
1032 SECTION 74. Enforcement of Writs. – In executing an Order or Decision, the
1033 Enforcement Officer shall be guided by the applicable rules concerning enforcement of
1034 decisions under the Revised Rules of Court.
1035
1036 SECTION 75. Garnishment. – By virtue of the Writ of Execution, the Enforcement
1037 Officer shall issue a Notice of Garnishment to the person/entity having in possession or
1038 control of the escrow deposit belonging to the licensed recruitment and/or manning
1039 agency, directing said person/entity not to deliver, transfer or otherwise dispose of such
1040 escrow deposit except to the above-mentioned enforcement officer.
1041
1042 In cases where several Writs of Execution are issued against the same licensed
1043 recruitment and/or manning agency, satisfaction of the claims of Overseas Filipino Workers
1044 against the escrow deposit shall be on a "first come, first serve" basis, irrespective of the
1045 date of filing of the case or date of the decision or date of the Writ of Execution; Provided,
1046 that where the Orders of Garnishment are served simultaneously, the escrow deposit shall
1047 be given pro-rated among the claimants.
1048
1049 In case of fine and/or alternative penalty of fine imposed against a cancelled/delisted
1050 agency, the escrow deposit of losing party shall be subjected to garnishment if the latter
1051 requests for the withdrawal of its escrow deposit.
1052
1053 SECTION 76. Return of Writ of Execution. – The Enforcement Officer
1054 implementing the Writ of Execution shall submit his/her return immediately upon the
1055 satisfaction of the judgment award. However, regardless of the outcome of
1056 implementation, the enforcement officer shall submit the return not later than sixty (60)
1057 calendar days from date of issuance thereof. The return shall state the mode of service,
1058 the name of the person or entity served and the date of receipt. The return shall also
1059 indicate legibly the full name of the officer who served the writ. The return shall form part of
1060 the records of the case.
1061
1062 PART IV
1063 Clemency/Delisting
1064
1065 RULE I
1066 Where to File and Effect of Clemency
1067
1068 SECTION 77. Where to File. – A foreign principal/employer imposed with
1069 permanent disqualification, or a partner, officer or a director of a recruitment and/or manning
1070 agency whose license has been cancelled may file a Motion for Clemency or a Motion to
1071 Delist Name from Derogatory Record, respectively, with the Adjudication Bureau and
1072 shall be endorsed to the appropriate office.
1073
1074 The Overseas Filipino Worker may file the Motion for Clemency/Commutation of Penalty
1075 with the DMW Regional Office where the OFW resides and the same shall be endorsed
1076 to the appropriate office.
1077
1078 SECTION 78. Effect of Filing of a Motion for Clemency. – The filing of a Motion
1079 for Clemency shall be deemed a waiver of the right to appeal, or an automatic withdrawal
1080 of a pending appeal.
1081
1082 SECTION 79. Availment of Clemency. – The grant of clemency under this Rules
1083 may be availed of only once.
1084
1085 In case of denial, no Motion for Reconsideration shall be entertained. However, the
1086 movant may file another motion for clemency only after the lapse of one year from the date
1087 of such denial.
1088
1089 RULE II
1090 Clemency of Foreign Principal/Employer and Overseas Filipino Worker and
1091 Delisting of a Partner, Officer, or Director
1092
1093 SECTION 80. Grant of Clemency to a Principal/Employer. – The Secretary or
1094 any his/her duly authorized official, upon motion, may grant clemency to a
1095 principal/employer after determination of compliance by the movant of the following
1096 conditions:
1097
1098 a. the respondent is a first-time offender;
1099 b. the respondent has only one case involving not more than five (5) workers for which
1100 it has been ordered disqualified as certified by the Adjudication Bureau;
1101 c. the respondent did not commit a serious offense;
1102 d. the claims against respondent have been settled;
1103 e. the offended party has pardoned the respondent; and
1104 f. the principal/employer has the capacity to provide decent employment for Overseas
1105 Filipino workers.
1106
1107 SECTION 81. Removal from the list of Derogatory Record. – The Secretary or
1108 any duly authorized official, upon motion, may delist a partner, officer, director, or
1109 employee of a recruitment and/or manning agency whose name is in the list of persons
1110 with derogatory record due to the cancellation of the agency’s license, after determination
1111 of compliance by the movant with the following conditions:
1112
1113 a. the licensed recruitment and/or manning agency has only one (1) case involving not
1114 more than five (5) workers for which the license has been cancelled as certified by the
1115 Adjudication Bureau;
1116 b. the partner, officer, director, or employee must prove that he/she did not participate in
1117 the commission of the charged violation;
1118 c. proof of the full satisfaction of the awards on the case, if any;
1119 d. the complainant/s had condoned the acts of the licensed recruitment and/or manning
1120 agency;
1121 e. the partner, officer, director, or employee has not participated in the overseas
1122 employment program for at least four (4) years from the time of cancellation of
1123 license;
1124 f. submission of NBI clearance; and
1125 g. proof of publication in a newspaper of general circulation of the movant’s intent to
1126 apply for re-admission to the overseas employment program.
1127
1128 SECTION 82. Grant of Commutation of Penalty to an Overseas Filipino
1129 Worker. – The Secretary or any duly authorized official, upon motion, grant commutation
1130 of penalty to an Overseas Filipino Worker meted with suspension from participation in the
1131 overseas employment program provided that the following conditions are met:
1132
1133 a. The OFW is a first-time offender;
1134 b. There is a settlement of claims or the complainant has condoned the acts of
1135 respondent, if applicable.
1136
1137 SECTION 83. Grant of Clemency to an Overseas Filipino Worker. – The
1138 Secretary or any duly authorized official, upon motion, grant clemency to an Overseas
1139 Filipino Worker who is penalized with permanent disqualification or suspension from
1140 participation in the overseas employment program, provided, that the following conditions
1141 exists:
1142
1143 a. The offense committed does not involve a serious offense, or crime involving
1144 moral turpitude, misrepresentation or theft;
1145 b. There is a settlement of claims or the complainant has condoned or pardoned the
1146 acts of respondent;
1147 c. In case of suspension, the respondent should have served at least 50% of the period
1148 of penalty imposed; and
1149 d. The respondent should not have been granted any commutation of penalty.
1150
1151 PART V
1152
1153 RULE I
1154 Miscellaneous Provisions
1155
1156 SECTION 84. Automatic Disqualification of Principal/ Employer. – The name
1157 of the principal/employer shall be automatically included in the list of disqualified
1158 principal/employer without further proceedings, in case a final and executory judgment
1159 issued by the National Labor Relations Commission (NLRC) against the
1160 principal/employer shall not have been satisfied. An Order to this effect shall be issued by
1161 the Adjudication Bureau Director.
1162
1163 For this purpose, any party shall furnish the Adjudication Bureau with certified true copies
1164 of the Order stating the judgment award and the sheriff’s return indicating the failure of
1165 the principal/employer to fully satisfy the final and executory judgment against it.
1166
1167 SECTION 85. Lifting of the Automatic Disqualification. – The automatic
1168 disqualification referred to in the preceding section shall be lifted upon full satisfaction of
1169 the judgment award, as evidenced by certified true copies of the sheriff’s return indicating
1170 full compliance/satisfaction of the judgment award by the principal/employer.
1171
1172 SECTION 86. Temporary Disqualification of Overseas Filipino Worker. – An
1173 Overseas Filipino Worker against whom a Warrant of Arrest or a Hold Departure Order was
1174 issued by a competent authority shall be disqualified to participate in the overseas
1175 employment program.
1176
1177 For this purpose, any party shall furnish the Adjudication Bureau with certified true copies
1178 of the Warrant of Arrest or Hold Departure Order.
1179
1180 SECTION 87. Lifting of Temporary Disqualification of Overseas Filipino
1181 Worker. – The temporary disqualification referred to in the preceding section shall be
1182 lifted upon furnishing the Adjudication Bureau with proof that the Warrant of Arrest or Hold
1183 Departure Order is already lifted or with certified true copies of the proof of dismissal of
1184 the case or any Order granting provisional liberty to an accused, as the case may be.
1185
1186 SECTION 88. Effects of Orders of Preventive Suspension and Suspension or
1187 Cancellation of License. – An Order of Preventive Suspension and Suspension or
1188 Cancellation of License shall have the effect of suspending or terminating all activities of
1189 the recruitment and/or manning agency which fall under the definition of recruitment and
1190 placement, including the processing of pending contracts of applicant workers. The
1191 suspension or cancellation shall not, however, affect the transfer of accreditation of the
1192 principal/employer to another licensed recruitment and/or manning agency.
1193
1194 SECTION 89. Inhibition of the Regional Director or Adjudicator. – The Regional
1195 Director or OEA, upon motion or motu proprio, shall inhibit from the case on the ground
1196 of conflict of interest within the purview of existing laws, or on such other justifiable
1197 grounds.
1198
1199 In case of inhibition by the OEA, the case shall be assigned to a designated pairing OEA
1200 or raffled among remaining OEAs, as the case may be, through an order issued by the
1201 concerned Regional Director.
1202
1203 In case of inhibition by the Regional Director, the case shall be assigned to the designated
1204 pairing Regional Director, through an Order issued by the Undersecretary for Licensing
1205 and Adjudication Services.
1206
1207 SECTION 90. Action on Motions/Interlocutory Orders. – Within the period required to
1208 file an Answer, the OEA shall have the authority to rule on motions for extension of time
1209 to file pleadings, resetting and other similar motions, and sign orders pertaining thereto.
1210
1211 SECTION 91. Consolidation of Cases. – Where there are two (2) or more cases
1212 involving the same parties and/or issues are filed, the case which was filed last may, upon
1213 written motion and with notice to all parties, be consolidated with the first, if practicable.
1214
1215 The Adjudication Bureau shall issue the necessary order to consolidate the cases and
1216 assign the same to the proper OEA to whom the first case was assigned/raffled.
1217
1218 SECTION 92. Motions in General. – All Motions shall be in writing, except those
1219 made in the course of a hearing, and shall state the relief sought and the grounds upon
1220 which it is based.
1221
1222 Except those motions requiring immediate action, all motions shall be scheduled for
1223 hearing, if necessary.
1224
1225 RULE II
1226 Final Provisions
1227
1228 SECTION 93. Transitory Provisions. – All actions, claims, or causes of action
1229 accruing prior to the effectivity of this Rules of Procedure shall be governed in accordance
1230 with the laws in force at the time of their accrual.
1231
1232 POEA cases and DMW docketed cases that are still pending resolution or proceedings
1233 prior to the promulgation of this Rules of Procedure shall be referred to the Adjudication
1234 Bureau for proper disposition. Jurisdiction over these cases shall be assumed by the
1235 Undersecretary for Licensing and Adjudication Services.
1236
1237 On the other hand, after the promulgation of this Rules of Procedure, newly docketed
1238 cases, shall be assumed and decided by the respective Regional Directors, within a
1239 specified time as may be determined by the Secretary.
1240
1241 SECTION 94. Separability Clause. The provisions of this Rules of Procedure are
1242 declared to be separable, and if any provision or the application thereof is held invalid or
1243 unconstitutional, the validity of the other provisions shall not be affected.
1244
1245 SECTION 95. Repealing Clause. – Upon effectivity of this Rules, and unless
1246 expressly provided, all resolutions, orders, memorandum circulars, and issuances,
1247 including those previously issued by the former Secretary of Labor or by the POEA
1248 Administrator which are inconsistent herewith are hereby repealed, amended, or modified
1249 accordingly.
1250
1251 SECTION 96. Effectivity. – This Rules shall take effect fifteen (15) days from
1252 publication in a newspaper of general circulation and from filing with the Office of the
1253 National Administrative Registry of the University of the Philippines Law Center.
1254
1255
1256
1257 Signed this day of 2024, at City of Mandaluyong, Philippines.
1258
1259
1260
1261 HANS LEO J. CACDAC
1262 Officer-In-Charge