It is the policy of the Administration:cralaw



For the purpose of these Rules, the following terms are defined as follows:cralaw


SECTION 1.    Qualifications. — Only those who possess the following qualifications may be permitted to engage in the business of recruitment and placement of Filipino seafarers:cralaw

SECTION 2.    Disqualification. — The following are not qualified to engage in the business of recruitment and placement of Filipino seafarers.



SECTION 1.    Requirements for Licensing. — Every applicant for license to operate a manning agency shall submit a written application together with the following requirements:cralaw

SECTION 2.    Payment of Filing Fee. — Upon receipt of an application with complete requirements, the Administration shall require payment of a non-refundable filing fee of Ten Thousand Pesos (P10,000.00) and submission of proof of payment thereof. (Section 2, Rule II, Part II, Ibid.).

SECTION 3.    Action Upon the Application. — Within fifteen (15) calendar days from receipt of an application with complete requirements including proof of payment of the filing fee of Ten Thousand Pesos (P10,000.00), the Administration shall evaluate the pertinent documents, inspect the office premises of the applicant and determine whether or not to grant the application. Denial of an application will result to the forfeiture of the filing fee. (Section 3, Rule II, Part II, Ibid.).

SECTION 4.    Payment of Fees and Posting of Bonds. — Upon approval of the application, the applicant shall pay a license fee of Fifty Thousand Pesos (P50,000.00). It shall submit an escrow agreement in the amount of One Million Pesos (P1,000,000.00), confirmation of escrow deposit with a reputable bank and a surety bond of One Hundred Thousand Pesos (P100,000.00) from a bonding company acceptable to the Administration and accredited with the Insurance Commission.

Agencies with existing licenses shall, within four years from effectivity hereof, increase their Escrow Deposit to One Million Pesos (P1,000,000.00) at the rate of One Hundred Seventy-Five Thousand (P175,000.00) pesos per year.

The bonds and escrow shall answer for all valid and legal claims arising from violations of the conditions for the grant and use of the license and/or contracts of employment. The bonds and escrow shall likewise guarantee compliance with the provisions of these rules and pertinent Philippine laws and all liabilities which the Administration may impose. The surety bonds shall include the condition that notice to the principal is notice to the surety and that any final and executory judgment against the principal in connection with matters falling under POEA's/NLRC's jurisdiction shall be binding and conclusive on the surety. The surety bonds shall cover the validity period of the license. (Section 4, Rule II, Part II, Ibid.).

SECTION 5.    Provisional License. — Applicants for new license shall be issued a provisional license which shall be valid for a limited period of one (1) year within which the applicant should be able to comply with its undertaking to deploy 50 seafarers to its new principal. The license of a complying agency shall be upgraded to a full license entitling them to another three years of operation. Non-complying agencies will be notified of the expiration of their license. (Section 5, Rule II, Part II, Ibid.).

SECTION 6.    Validity of the License. — Except in case of a provisional license, every license shall be valid for four (4) years from the date of issuance unless sooner cancelled, revoked or suspended for violation of applicable Philippine law, these rules and other pertinent issuances. Such license shall be valid only at the place/s stated therein, subject to the conditions of the subsequent paragraph, and when used by the licensed person, partnership or corporation. (Section 6, Rule II, Part II, Ibid.).

SECTION 7.    Non-Transferability of the License. — No license shall be transferred, conveyed or assigned to any person, partnership or corporation. It shall not be used directly or indirectly by any person, partnership or corporation other than the one in whose favor it was issued.

In case of death of the sole proprietor, and in order to prevent disruption of operations and so as not to prejudice the interest of legitimate heirs, the license may be extended upon request of the heirs, to continue only for the purpose of winding up business operations. (Section 7, Rule II, Part II, Ibid.).

SECTION 8.    Change of Ownership/Relationship of Single Proprietorship or Partnership. — Transfer or change of ownership of a single proprietorship licensed to engage in maritime employment shall cause the automatic revocation of the license.

A change in relationship of the partners in a partnership duly licensed to engage in maritime employment, which materially interrupts the course of the business or results in the actual dissolution of the partnership, shall likewise cause the automatic revocation of the license. (Section 8, Rule II, Part II, Ibid.).

SECTION 9.    Upgrading of Single Proprietorship or Partnerships. — License holders, which are single proprietorships or partnerships, may convert into a corporation for purposes of upgrading or raising their capabilities to respond adequately to developments/changes in international shipping and to enable them to better comply with their responsibilities arising from the recruitment and deployment of seafarers.

The approval of merger, consolidation or upgrading shall automatically revoke or cancel the licenses of the single proprietorships, partnerships or corporations so merged, consolidated or upgraded. (Section 9, Rule II, Part II, Ibid.).

SECTION 10.    Derogatory Record After Issuance/Renewal of License. — The license of a single proprietorship and partnership shall be suspended until cleared by the Administration should any derogatory record be found to exist against the single proprietorship or any or all of the partners, as the case may be. The appointment of any officer or employee of any licensed agency may be cancelled or revoked at any time with due notice to the agency concerned, whenever said officer or employee is found to have any derogatory record, as herein contemplated. (Section 10, Rule II, Part II, Ibid.).

SECTION 11.    Appointment/Change of Officers and Personnel. — Every appointment of agents or representatives of a licensed agency shall be subject to prior approval or authority of the Administration. The acknowledgment or approval may be issued upon submission of or compliance with the following:cralaw


Every change in the composition of the board of directors of a corporation, appointment or termination of officers and personnel shall be registered with the Administration within thirty (30) calendar days from the date of such change. The agency shall be required to submit the minutes of proceedings duly certified by the SEC in case of election of new members of the board of directors with their bio-data, ID pictures and clearances.

The Administration reserves the right to deny the acknowledgment or appointment of officers, employees and representatives who were directly involved in recruitment irregularities. (Section 11, Rule II, Part II, Ibid.).

SECTION 12.    Publication of Change of Directors/Other Officers and Personnel/Revocation or Amendment of Appointment of Representatives. — In addition to the requirement of registration with and submission to the Administration, every change in the membership of the Board of Directors, termination for cause of other officers and personnel, revocation or amendment of appointment of representatives shall be published at least once in a newspaper of general circulation, in order to bind third parties. Proof of such publication shall be submitted to the Administration. (Section 12, Rule II, Part II, Ibid.).

SECTION 13.    Transfer of Business Address. — Any transfer of business address shall be effected only with prior authority or approval of the Administration. The approval shall be issued only upon formal notice of the intention to transfer with the following attachments:cralaw


A notice to the public of the new address shall be published in a newspaper of general circulation. (Section 13, Rule II, Part II, Ibid.).

SECTION 14.    Establishment of Extension Offices. — Extension offices may be established subject to the prior approval of the Administration. (Section 14, Rule II, Part II, Ibid.).

SECTION 15.    Renewal of License. — An agency shall submit an application for the renewal of its license on or before the expiration of the license. Such application shall be supported by the following documents:cralaw

SECTION 16.    Monitoring Compliance with Conditions of License. — The Administration shall monitor the compliance of agencies with their undertakings in connection with the issuance or renewal of the license. Appropriate sanctions shall be imposed for non-compliance with any of their undertakings. (Section 16, Rule II, Part II, Ibid.).

SECTION 17.    Non-expiration of License Pending Renewal. — Where the license holder has made timely and sufficient application for renewal, the existing license shall not expire until the application shall have been finally determined by the Administration. For this purpose, an application shall be considered sufficient if the applicant has substantially complied with the requirements for renewal. (Section 17, Rule II, Part II, Ibid.).

SECTION 18.    Action on Renewal of License. — Within forty-eight (48) hours from receipt of the application for renewal with the complete requirements, the Administration shall undertake evaluation and inspection and determine the grant or denial of the application. Application for renewal of license which fail to meet the requirements set by the Administration, shall be denied.

Only applications for renewal submitted with complete requirements shall be processed. (Section 18, Rule II, Part II, Ibid.).

SECTION 19.    Late Filing of Renewal. — Any agency which failed to file an application for renewal of license may be allowed to renew within thirty (30) calendar days from expiry thereof and subject to the payment of a fine of P10,000.00. (Section 19, Rule II, Part II, Ibid.).

SECTION 20.    Escrow Deposit as Garnished. — As soon as an Order or Notice of Garnishment is served upon the bank, and the same is correspondingly earmarked, the deposit in escrow of an agency shall no longer be considered sufficient. The Administration shall forthwith serve upon the agency a notice to replenish its escrow deposit. (Section 20, Rule II, Part II, Ibid.).

SECTION 21.    Replenishment of Surety Bonds/Deposit in Escrow. — Within fifteen (15) calendar days from date of receipt of notice from the Administration that the bonds/deposit in escrow or any part thereof had been garnished, the agency shall replenish the same. Failure to replenish such bonds/deposit in escrow within the said period shall cause the suspension of the license. (Section 21, Rule II, Part II, Ibid.).

SECTION 22.    Release of Deposit in Escrow. — A licensed agency which voluntarily surrenders its license shall be entitled to the release of the deposit in escrow, only after posting a surety bond of similar amount valid for four (4) years from expiration of license and submission of the necessary clearances from the National Labor Relations Commission (NLRC) and the Administration. (Section 22, Rule II, Part II, Ibid.).

SECTION 23.    Classification, Ranking and Incentives. — The Administration shall undertake the classification and ranking of agencies. In recognition of their exemplary performance, the Administration shall issue guidelines for entitlement of agencies to schemes for incentives and rewards such as extension of validity of the license, express processing and in-house documentation. (Section 23, Rule II, Part II, Ibid.).


SECTION 1.    Inspection for Purposes of Issuance of License/Transfer of Office/Opening of Branch and other Facilities. — Before issuance of a license, the Administration shall conduct an inspection of the premises and pertinent documents of the applicant. Inspection shall likewise be conducted on the new premises in case of transfer of office or opening of branch or other facilities. (Section 1, Rule III, Part II, Ibid.).

SECTION 2.    Routine/Regular Inspection. — All agencies shall be subject to periodic inspection of offices or pre-departure orientation seminar (PDOS) venues by the Administration to determine compliance with existing rules and regulations. (Section 2, Rule III, Part II, Ibid.).

SECTION 3.    Spot Inspection. — Inspection may be conducted by the Administration upon receipt of a complaint or report of violation of existing rules and regulation. (Section 3, Rule III, Part II, Ibid.).

SECTION 4.    Authority to Inspect. — An authority to inspect shall be issued by the Administration before any inspection may be conducted.

Such authority, stating the purpose and subject of inspection, shall be presented to the agency before inspection. (Section 4, Rule III, Part II, Ibid.).

SECTION 5.    Scope of Inspection. — Depending on the purpose of inspection, the Administrator or his duly authorized representative may inspect the premises and require the presentation of necessary documents, records and books of account of the agency and examine the same. (Section 5, Rule III, Part II, Ibid.).

SECTION 6.    Inspection Program and Procedures. — The Administration shall conduct inspection in accordance with the Inspection Program and Procedures of the POEA. (Section 6, Rule III, Part II, Ibid.).

SECTION 7.    Violations Found in the Course of Inspection. — Violations found in the course of inspection such as non-compliance with existing rules and regulations, shall be ground for the imposition of appropriate sanction or for the denial of application for the issuance or renewal of license. Copy of the inspection report shall be endorsed to the appropriate unit for the conduct of necessary proceedings. (Section 7, Rule III, Part II, Ibid.).

SECTION 1.    Fees Chargeable to Principals. — Agencies shall charge from their principals manning fee to cover services rendered in the recruitment and deployment of seafarers.
However, manning agencies shall not charge any fee from the seafarers for their recruitment and deployment services. (Section 1, Rule IV, Part II, Ibid.).

SECTION 2.    Utilization and Accounting of Maritime Welfare Fund. — Contributions to the Maritime Welfare Fund shall be used to address welfare concerns of contributing seafarers and must be accounted for separately from the General Fund of OWWA. A report of receipts and disbursements shall be published annually in a newspaper of general circulation and be made available to contributing seafarers, manning agencies and shipowners. (Section 2, Rule IV, Part II, Ibid.).


SECTION 1.    Advertisement for Actual Job Vacancies. — Licensed manning agencies may advertise for actual job vacancies without prior approval from the Administration if covered by manpower requests of accredited foreign principals and projects. The. advertisements shall indicate the following information:cralaw

SECTION 2.    Advertisement for Manpower Pooling. — Licensed manning agencies may advertise for manpower pooling without prior approval from the Administration subject to the following conditions:cralaw


SECTION 3.    Foreign Advertisements for Maritime Employment. — Foreign principals/employers who wish to advertise job requirements using Philippine print media, broadcast or television may do so only through a POEA licensed agency.

Non-observance of this rule shall be considered as valid ground for cancellation of accreditation of the violating principals/employers. (Section 3, Rule V, Part II, Ibid.).

SECTION 1.    Standard of Medical Examination. — The agency shall ensure that the medical examination conducted is in accordance with the prescribed and acceptable international standard, and the requirements of the employer/principal. (Section 1, Rule VI, Part II, Ibid.).

SECTION 2.    When to Refer for Medical Examination. — The agency shall refer an applicant for medical examination to a DOH-accredited medical clinic/hospital after the agency has interviewed him and pre-qualified him for an existing position duly covered by an approved crew order by the Administration. (Section 2, Rule VI, Part II, Ibid.).


SECTION 1.    Departure. — All departing seafarers shall be monitored through the POEA Assistance Centers established by the Administration at international airports and other exit points in the country to ensure that they are properly documented before proceeding to their overseas job sites. Seafarers without proper documents shall not be cleared by the center. (Section 1, Rule VII, Part II, Ibid.).

SECTION 2.    Overseas Employment Certificate (OEC) Issuance at the Center. — Departing seafarers may secure overseas employment certificate at the labor assistance centers under such circumstances as may be determined by the Administration. POEA shall cease issuing OECs as soon as the computerized ID system is implemented. (Section 2, Rule VII, Part II, Ibid.).

SECTION 3.    Arrival. — The center shall support OWWA and other government agencies in providing assistance to arriving seafarers particularly those who are in distress. (Section 3, Rule VII, Part II, Ibid.).

SECTION 4.    POEA Clearance for Special Cases. — The POEA shall issue special clearances for travel abroad in accordance with guidelines which may be issued by the Administration. (Section 4, Rule VII, Part II, Ibid.).

SECTION 1.    Verification of Documents. — Manning documents of foreign principals and employers shall undergo verification at their principal place of business prior to registration with POEA. The Philippine Overseas Labor Office (POLO) nearest their principal place of business shall review and verify the documents with the view to establish the existence of the employing person/entity, its capability to hire the seafarer at the applicable rates and at desirable working conditions that are in conformity with the minimum standards prescribed by the Administration and/or with the labor laws and legislations of the country whose flag the ships will be flying and/or international maritime labor standards. (Section 1, Rule I, Part III, Ibid.).

SECTION 2.    Documentary Requirements for Verification. — The following documents shall be submitted to the POLO for verification:cralaw

SECTION 3.    Application for Registration of Foreign Principals and Enrolment of Ships. — Only duly licensed manning agencies may file an application for registration of principals.

Registered principals shall enroll ships through their agencies subject to the guidelines as may be determined by the Administration. (Section 3, Rule I, Part III, Ibid.).

SECTION 4.    Documentary Requirements for Registration of Principals. — The following verified documents shall be submitted to the POEA, through the Philippine licensed manning agent for registration of the principal:cralaw

SECTION 5.    Approval and Validity of Registration. — The Administration shall issue to the agency a registration certificate for its principal after the approval of the request for registration.

The registration of the principal shall be valid for a period of four (4) years from the date of issuance, unless sooner revoked by the Administration on the following grounds:cralaw

Provisional registration may be granted for a period of ninety (90) days for a principal that substantially meets the registration requirements.

The expiration of the agency's license shall not cause the automatic expiration or cancellation of the registration which shall only be suspended until the renewal of the license.

Registered principals shall enroll ships through their agencies subject to the guidelines as may be determined by the Administration. (Section 5, Rule I, Part III, Ibid.).

SECTION 6.    Renewal of Registration. — The registration shall be renewed upon request by the agency provided that the documents required for initial registration are still valid. (Section 6, Rule I, Part III, Ibid.).

SECTION 7.    Multiple Registration of Principals. — A principal may be registered to a maximum of three (3) manning agencies provided that a uniform wage and compensation package shall be adopted by the principal for all seafarers employed through the agencies taking into consideration the type of the vessel and its operations. (Section 7, Rule I, Part III, Ibid.).

SECTION 8.    Transfer of Registration of Principal and/or Enrolment of Vessel. — The registration of a principal and/or enrolment of vessel may be transferred to another agency provided such transfer shall not involve diminution of wages and benefits of the seafarers hired through the previous agency; and provided further that the transferee agency shall assume full and complete responsibility over all contractual obligations of the principal to the seafarers originally recruited and processed by the former agency. Prior to the transfer of registration, the Administration shall notify the previous agency and principal of such application for transfer. (Section 8, Rule I, Part III, Ibid.).

SECTION 9.    Action on Application for Transfer of Registration of Principals and/or Enrolment of Vessel With Outstanding Obligations. — Claims for money or enforcement of obligations arising out of business relations between principals and their existing agencies may be conciliated by the Administration. However, the pendency of the conciliation shall not prevent the Administration from acting on the request for transfer of registration, if public interest so requires. (Section 9, Rule I, Part III, Ibid.).


SECTION 1.    Accreditation of Principals and Enrolment of Ships. — In the absence of a Philippine Overseas Labor Office in the principal place of business of the foreign principals, employers or vessel owner/operator/manager to verify the manning documents, accreditation shall be conducted at the POEA.

Only duly licensed manning agencies may file an application for accreditation of principals and enrolment of ships.

Accredited principals shall enroll ships through their agencies subject to the guidelines as may be determined by the Administration. (Section 1, Rule II, Part III, Ibid.).

SECTION 2.    Documentary Requirements for Accreditation. — An agency applying for accreditation of its principals shall submit the following:cralaw


SECTION 3.    Authentication of Documents. — Authentication of documents of foreign principals shall be undertaken by any of the following:cralaw


The manning agreement and special power of attorney required for accreditation may be signed by the authorized officials of both the hiring company and its local agent in the presence of any member of the POEA Directorate or those officers of the Administration who are authorized to administer oath. The Administration shall charge attestation fees as may be allowed by the Secretary. (Section 3, Rule II, Part III, Ibid.).

SECTION 4.    Parties to the Agreement. — Parties to the manning agreement are the duly authorized representative of the manning agency and the direct principal of the seafarers to be recruited. (Section 4, Rule II, Part III, Ibid.).

SECTION 5.    Multiple Accreditations of Principals. — A principal may be accredited to a maximum of three (3) manning agencies provided that a uniform wage and compensation package shall be adopted by the principal for all seafarers employed through the agencies taking into consideration the type of the vessel and its operations. (Section 5, Rule II, Part III, Ibid.).

SECTION 6.    Approval and Validity of Accreditation. — The Administration shall issue to the agency an accreditation certificate for its principal after the approval of accreditation request.

The accreditation of the principal shall be valid for a period of four (4) years from the date of issuance, unless sooner revoked by the Administration on the following grounds:cralaw


The expiration of the agency's license shall not cause the automatic expiration or cancellation of the accreditation which shall only be suspended until the renewal of the license.

Provisional accreditation may be granted for a period of ninety (90) days for a principal that substantially meets the accreditation requirements. (Section 6, Rule II, Part III, Ibid.).

SECTION 7.    Transfer of Accreditation of Principal and/or Enrolment of Vessel. — The accreditation of a principal and/or enrolment of vessel may be transferred to another agency provided such transfer shall not involve diminution of wages and benefits of the seafarers hired through the previous agency; and provided further that the transferee agency shall assume full and complete responsibility to all contractual obligations of the principals to its workers originally recruited and processed by the former agency. Prior to the transfer of accreditation, the Administration shall notify the previous agency and principal of such application for transfer. (Section 7, Rule II, Part III, Ibid.).

SECTION 8.    Transfer of Vessel Due to Sale or Change of Management. — In case of sale of vessel or change of management necessarily involving a change in principal, the agency of the new principal automatically assumes full and complete responsibility over the seafarers originally recruited and deployed by the previous agent, if the seafarers opt to sign an employment contract with the new principal. Otherwise, the agency which originally recruited and employed the seafarers shall retain full and complete responsibility over the contractual obligation of its principal.

Other cases or modes of transfer of accreditation/registration and/or vessel not covered herein shall be subject to guidelines to be determined by the Administration. (Section 8, Rule II, Part III, Ibid.).

SECTION 9.    Action on Application for Transfer of Accreditation of Principal and Enrolment of Ships with Outstanding Obligations. — Claims for money or enforcement of obligations arising out of business relations between principals and their existing manning agents that would involve the transfer of accreditation of principal and/or enrolment of ships may be conciliated by the Administration. However, the pendency of the conciliation should not prevent the Administration from acting on the request for transfer of accreditation and enrolment of ship, if public interest so requires. (Section 9, Rule II, Part III, Ibid.).

SECTION 10.    Renewal of Accreditation. — The Accreditation shall be renewed upon request by the agency provided that the documents required for initial accreditation are still valid. (Section 10, Rule II, Part III, Ibid.).

SECTION 11.    One-Stop Processing Center. — A one-stop processing center shall be established to facilitate the delivery of all governmental activities pertaining to maritime employment which shall include among others, the electronic linking of data bases of government agencies involved in the issuance of certificates and other documents to seafarers. (Section 11, Rule II, Part III, Ibid.).


SECTION 1.    Enlistment of Philippine Overseas Shipping Enterprises and Enrollment of Philippine Flagships. — Philippine overseas shipping enterprises may enlist their companies and enroll their ships trading overseas upon submission of the following documents:cralaw


SECTION 2.    Action Upon the Application. — The Administration shall issue certificate of enlistment to the Philippine shipping company within twenty-four (24) hours from receipt of application provided all the requirements are met by the applicant. (Section 2, Rule III, Part III, Ibid.).

SECTION 3.    Validity Period of Enlistment. — Enlistment shall be co-terminus with its MARINA accreditation. (Section 3, Rule III, Part III, Ibid.).

SECTION 4.    Requisites for Renewal. — The applicant shall submit an application for renewal of enlistment, which shall be acted upon by the Administration within four (4) hours from receipt of application upon submission of the following:cralaw



SECTION 1.    Documentation of Seafarers. — The following requirements shall be submitted for the documentation of seafarers:cralaw

SECTION 2.    Payment of Processing Fees. — The required processing fees shall be paid to the Administration upon submission of the request for processing. (Section 2, Rule IV, Part III, Ibid.).

SECTION 3.    Period to Deploy. — An agency shall deploy its hired seafarers within sixty (60) days from the date of issuance of the overseas employment certificate. (Section 3, Rule IV, Part III, Ibid.).

SECTION 4.    Cancellation of the Seafarer's Documents. — If the deployment of the seafarer does not materialize within thirty (30) days from the lapse of the period to deploy, the agency shall report the non-deployment and reasons thereof and apply to the Administration for cancellation of the seafarer's processed documents.

If the deployment of the seafarer does not materialize due to his fault, the agency may charge the seafarer for actual expenses incurred in connection with his documentation and processing, duly supported by official receipts. (Section 4, Rule IV, Part III, Ibid.).

SECTION 5.    In-House Processing Facility. — The Administration shall extend to qualified manning agencies an in-house processing facility for the documents of seafarers who are scheduled for deployment. Agencies that qualify to enjoy the privilege shall comply with the documentary requirements.

The agencies shall be subject to regular audit and/or inspection by the Administration to ensure compliance with the prescribed guidelines on in-house processing facility and shall be required to submit a monthly report on the utilized or missing overseas employment certificates to the Administration.

The Administration reserves the right to recall the privileges and incentives being enjoyed by an agency should there be an established case of violation of POEA rules and regulations. Automatic preventive suspension shall be imposed in case of violation of the prescribed guidelines. (Section 5, Rule IV, Part III, Ibid.).


SECTION 1.    Standard Employment Contracts. — The Administration, through tripartite consultation involving the seafarers and the private sector, shall determine, formulate and establish minimum separate and distinct standard employment contracts for seafarers in accordance with accepted international standard and maritime practice. These standard employment contracts, which shall be reviewed periodically to keep them attuned to international requirements and demands, shall be the minimum requirement in every individual contract approved by the Administration. (Section 1, Rule I, Part IV, Ibid.).

SECTION 2.    Freedom to Stipulate. — Parties to the individual employment contract are allowed to stipulate and mutually agree to other terms and conditions more than the minimum standards; provided that the stipulation are mutually beneficial to both parties and are not contrary to law, public policy and morals. (Section 2, Rule I, Part IV, Ibid.).

SECTION 1.    Acts Constituting Illegal Recruitment. — Illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a 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.
It shall likewise include the following acts committed by any person whether or not a holder of a license or authority:cralaw

SECTION 2.    Independent Administrative Action. — The institution of criminal action is without prejudice to any administrative action against the licensee or holder of authority cognizable by the Administration, which could proceed independently of the criminal action. (Section 2, Rule I, Part V, Ibid.).
SECTION 3.    Anti-Illegal Recruitment Programs. — The Administration shall adopt policies and procedures, prepare and implement programs toward the eradication of illegal recruitment activities such as but not limited to the following:cralaw


Whenever necessary, the Administration shall coordinate with other appropriate entities in the implementation of said programs. (Section 3, Rule I, Part V, Ibid.).

SECTION 4.    Legal Assistance. — The Administration shall provide free legal assistance to victims of illegal recruitment and related cases including but not limited to legal advice, assistance in the preparation of complaints and supporting documents, institution of criminal actions and whenever necessary, provide counseling assistance during preliminary investigation and hearings. (Section 4, Rule I, Part V, Ibid.).

SECTION 5.    Receiving Complaints for Illegal Recruitment. — Victims of illegal recruitment and related cases may file with the Administration a report or complaint in writing and under oath for assistance purposes.
In regions outside the National Capital Region, complaints and reports involving illegal recruitment may be filed with the appropriate regional office of the Administration or the Department. (Section 5, Rule I, Part V, Ibid.).

SECTION 6.    Action on the Complaint/Report. — Where the complaint/report alleges that illegal recruitment activities are on-going, surveillance shall be conducted. If illegal recruitment activities are confirmed, issuance of closure order may be recommended to the Administrator through the Director of the Licensing and Regulation Office (Director-LRO).

If sufficient basis for criminal action is found, the case shall be immediately forwarded to the appropriate office for such action. (Section 6, Rule I, Part V, Ibid.).

SECTION 7.    Surveillance. — The Administrator and/or designated official in the DOLE regional offices may, on his own initiative, conduct surveillance on the alleged illegal recruitment activities.

Within two (2) days from the termination of surveillance, a report supported by an affidavit, shall be submitted to the Director-LRO or the Regional Director concerned as the case may be. (Section 7, Rule I, Part V, Ibid.).

SECTION 8.    Issuance of Closure Order. — The Secretary or the Administrator or the DOLE Regional Director of the appropriate regional office outside the National Capital Region, or their duly authorized representatives may conduct an ex-parte preliminary examination to determine whether the activities of a non-licensee constitute a danger to national security and public order or will lead to further exploitation of job seekers. For this purpose, the Secretary, Administrator or Regional Director concerned or their duly authorized representatives, may examine personally the complainants and/or their witnesses in the form of searching questions and answers and shall take their testimony under oath. The testimony of the complainant/s and/or witnesses shall be reduced in writing and signed by them.

If upon preliminary examination or surveillance, the Secretary, Administrator or DOLE Regional Director is satisfied that such danger or exploitation exists, a written order may be issued for the closure of the establishment being used for illegal recruitment activity.

In case of a business establishment whose license or permit to operate a business was issued by the local government, the Secretary, Administrator or Regional Director concerned shall likewise recommend to the granting authority the immediate cancellation/revocation of the license or permit to operate its business. (Section 8, Rule I, Part V, Ibid.).

SECTION 9.    Implementation of Closure Order. — Closure order shall be served upon the offender or the person in charge of the establishment subject thereof. The closure shall be effected by sealing the establishment and posting a notice of such closure in bold letters in a conspicuous place in the premises of the establishment. Whenever necessary, the assistance and support of the appropriate law enforcement agencies may be requested for this purpose. (Section 9, Rule I, Part V, Ibid.).

SECTION 10.    Report on Implementation. — A report on the implementation of the closure order executed under oath, stating the details of the proceedings undertaken shall be submitted to the Director-LRO or the Regional Director concerned, as the case may be, within two (2) days from the date of implementation. (Section 10, Rule I, Part V, Ibid.).

SECTION 11.    Institution of Criminal Action. — The Secretary, Administrator or the Regional Director concerned, or their duly authorized representatives or any aggrieved person, may initiate the corresponding criminal action with the appropriate office.
Where a complaint is filed with the Administration and the same is proper for preliminary investigation, it shall file the corresponding complaint with the appropriate officer, with the supporting documents. (Section 11, Rule I, Part V, Ibid.).

SECTION 12.    Motion to Lift a Closure Order. — A motion to lift a closure order which has already been implemented may be entertained only when filed with the LRO within ten (10) calendar days from the date of implementation thereof. The motion shall clearly state the grounds upon which it is based, attaching thereto the documents in support thereof. A motion to lift which does not conform with the requirements herein set forth shall be denied. (Section 12, Rule I, Part V, Ibid.).

SECTION 13.    Who May File. — The motion to lift a closure order may be filed only by the following:cralaw


SECTION 14.    Grounds for Lifting/Re-Opening. — Lifting of the closure order and/or reopening of the office closed or padlocked may be granted on any of the following grounds:cralaw


Lifting of a closure order is without prejudice to the filing of a criminal complaint with the appropriate office against the person alleged to have conducted illegal recruitment activities. (Section 14, Rule I, Part V, Ibid.).

SECTION 15.    Appeal. — The order of the Administrator denying the motion to lift may be appealed to the Secretary within ten (10) calendar days from the service of receipt hereof. (Section 15, Rule I, Part V, Ibid.).

SECTION 16.    Re-Padlocking of Office. — Where a re-opened office is subsequently confirmed to be used for illegal recruitment activities, a new closure order shall be issued which shall no longer be subject to a motion to lift. (Section 16, Rule I, Part V, Ibid.).


SECTION 1.    Jurisdiction. — The Administration shall exercise original and exclusive jurisdiction to hear and decide all cases which are administrative in character, involving or arising out of violation of recruitment laws, rules and regulations or violation of the conditions for issuance of license to recruit seafarers, including refund of fees collected from seafarers. (Section 1, Rule II, Part V, Ibid.).

SECTION 2.    Grounds for imposition of administrative sanctions:cralaw



SECTION 1.    Who May File a Complaint. — Any aggrieved person may file a complaint in writing and under oath for violation of the provisions of the Labor Code, POEA rules and regulations and other issuances relating to recruitment.

For this purpose, an aggrieved person is one who is prejudiced by the commission of a violation.

However, the Administration, on its own initiative, may conduct proceedings based on reports of violation of the Labor Code, these rules and other issuances, subject to preliminary evaluation. (Section 1, Rule III, Part V, Ibid.).

SECTION 2.    Venue. — Any complaint arising out of recruitment violation or violation of the conditions of license may be filed with the Adjudication Office of this Administration or in the nearest POEA Regional Centers/Extension Units or the DOLE Regional Office exercising territorial jurisdiction over the place where the complainant was recruited at the option of the complainant. The office to which complaint was first filed shall take cognizance of the case.

Where the complainant was recruited within the National Capital Region, the complaint shall be filed with the Adjudication Office of the Administration.

In the case of reports received by the Administration, the same shall be investigated by the Adjudication Office, this Administration or at the appropriate Regional Office/POEA Regional Center/Extension Unit.

However, the venue of cases filed with the Adjudication Office may be transferred to the Regional Office/POEA Regional Center/Extension Unit before the respondent files its answer and upon request of either party and upon approval by the Administration.

For purpose of hearing and receiving of evidence, the DOLE Regional Office exercising territorial jurisdiction over the place where the complainant was recruited may be deputized by the Secretary of Labor to take cognizance of the case for submission of its findings and recommendations to the Administrator. (Section 2, Rule III, Part V, Ibid.).

SECTION 3.    Contents of Complaint. — All complaints must contain, among others, the following:cralaw


The complaint shall be under oath and shall, whenever possible, be accompanied by supporting documents, together with a certificate of non-forum shopping. (Section 3, Rule III, Part V, Ibid.).

SECTION 4.    Docket and Assignment of Cases. — Complaints duly received shall be docketed and raffled for investigation and hearing. (Section 4, Rule III, Part V, Ibid.).


SECTION 1.    Answer. — Upon receipt of the complaint, the Administration shall issue an order, attaching thereto a copy of the complaint and supporting documents, if any, directing the respondents to file a verified Answer and not a Motion to Dismiss within ten (10) calendar days from receipt, attaching proof that a copy was sent to the complainant. (Section 1, Rule IV, Part V, Ibid.).

SECTION 2.    Failure to File Answer. — In case of failure to file Answer, the investigation/hearing shall proceed ex-parte.

An Answer filed out of time shall not be admitted except on meritorious grounds and upon motion. (Section 2, Rule IV, Part V, Ibid.).

SECTION 3.    Motion for Extension. — Only one motion for extension of time to file Answer shall be allowed. The Overseas Employment Adjudicator, upon receipt of such motion, may, upon meritorious grounds, grant a non-extendible period of ten (10) calendar days, except where allegations in the complaint refer to facts or circumstances which occurred abroad making it necessary to verify with the concerned foreign principal, a longer period may be granted. A ruling on the motion may be made by the Overseas Employment Adjudicator during the proceedings and entered in the minutes or sent by personal service or by registered mail. (Section 3, Rule IV, Part V, Ibid.).

SECTION 4.    Proof and Completeness of Service. — The contents of the return shall be proof of the facts stated therein. Service by registered mail is complete upon receipt by the addressee or agent; but if the addressee or agent fails to claim his mail from the postmaster, service shall take effect after the date of the last notice. Where the present location of the addressee is unknown, service made at the last known address shall be sufficient. (Section 4, Rule IV, Part V, Ibid.).

Personal service made to any officer or personnel of the manning agency shall likewise be sufficient.

SECTION 5.    Nature of Proceedings. — The proceedings shall comply with the requirements of due process without strictly adhering to the technicalities of procedure and evidence applicable to judicial proceedings. The Overseas Employment Adjudicator may avail himself of reasonable means to ascertain the facts of the case. (Section 5, Rule IV, Part V, Ibid.).

SECTION 6.    Preliminary Hearing. — The Overseas Employment Adjudicator shall set the date, time and place of the preliminary hearing with due notice to the parties with the end view of arriving at an amicable settlement and for purposes of simplifying the issues, marking of evidence and stipulation of facts. (Section 6, Rule IV, Part V, Ibid.).

SECTION 7.    Clarificatory Questions. — At any stage of the proceedings and prior to the submission by the parties of the case for resolution, the Overseas Employment Adjudicator may initiate clarificatory questions to the parties or their witnesses to further elicit relevant facts or information.

The Overseas Employment Adjudicator may set a hearing where the parties shall be given an opportunity to be present but without right to examine or cross-examine. If the parties so desire, they may submit questions to the Overseas Employment Adjudicator who may ask the question to the parties or witnesses concerned. (Section 7, Rule IV, Part V, Ibid.).

SECTION 8.    Service of Order to Appear/To Produce Documents. — The Administration shall issue an order to appear/to produce documents. The process server who personally served the order to appear/to produce documents, notice order, resolution or decision shall submit his return within five (5) calendar days from the date of his service thereof, stating legibly in his return his name, the mode/s of service, the name/s of the other person/s served and the date/s of receipt. If no service was effected, the serving officer shall state the reason therefore. The return shall form part of the records of the case. (Section 8, Rule IV, Part V, Ibid.).

SECTION 9.    Failure or Refusal to Obey Order To Appear/To Produce Documents. — The license of an agency whose officers or employers fail or refuse to comply with an order to appear/to produce documents without justifiable reason shall be suspended until otherwise lifted. This is without prejudice to the outcome of the investigation where the proper penalty may be imposed. (Section 9, Rule IV, Part V, Ibid.).

SECTION 10.    Summary Judgment. — Should the Overseas Employment Adjudicator find, upon consideration of the complaint, answer and evidence submitted, that resolution/decision may be rendered, the case shall be deemed submitted and a summary judgment shall by issued. (Section 10, Rule IV, Part V, Ibid.).

SECTION 11.    Effects of Withdrawal of Complaint/Desistance. — The withdrawal/desistance of the complaining witness shall not bar the Administration from proceeding with the investigation of the recruitment violation/s. The Administration shall resolve the case on the merits and impose the appropriate penalties. (Section 11, Rule IV, Part V, Ibid.).

SECTION 12.    Resolution of the Case. — Except in cases of preventive suspension, the Overseas Employment Adjudicator shall, within ninety (90) calendar days from the filing of the case, submit his findings and recommendations in the form of a draft order. (Section 12, Rule IV, Part V, Ibid.).

SECTION 13.    Who May Issue Orders/Resolutions. — The Administrator may issue orders of reprimand, suspension of documentary processing, suspension, cancellation or revocation of license, or dismissal on the merits of the case.

All other orders or resolutions shall be signed by the Director of the Adjudication Office. (Section 13, Rule IV, Part V, Ibid.).

SECTION 14.    Contents of Orders/Resolutions. — Orders/Resolutions issued by the Administration shall be clear and concise and shall include a brief statement of the following:cralaw


SECTION 15.    Suspension of Documentary Processing. — The Administration may order the suspension of the processing of documents of a respondent agency for violation of any provision of these Rules, POEA Orders and other issuances. This is without prejudice to the outcome of the investigation wherein the proper penalty may be imposed. (Section 15, Rule IV, Part V, Ibid.).

SECTION 16.    Preventive Suspension. — Pending investigation of the recruitment violation/s, the license of the respondent agency may be suspended for a period not exceeding the imposable penalties under the revised schedule of penalties, on the following grounds:cralaw


The Administrator may issue an order lifting or modifying the order of preventive suspension as the circumstances may warrant. Where an Order of Preventive Suspension is issued by the Administration, the Overseas Employment Adjudicator shall, within sixty (60) calendar days from filling of the case, submit his findings and recommendation in the form of a draft order. (Section 16, Rule IV, Part V, Ibid.).

SECTION 17.    Effects of Orders of Suspension, Revocation or Cancellation of License. — An order of suspension, cancellation or revocation of license shall have the effect of suspending or terminating all activities of the agency which fall under the definition of recruitment and placement. (Section 17, Rule IV, Part V, Ibid.).

SECTION 18.    Fines. — The Administrator may also impose additional fines for failure to comply with a final order. (Section 18, Rule IV, Part V, Ibid.).


SECTION 1.    Classification of Offenses. — Administrative offenses are classified into serious, less serious and light, depending on their gravity. The Administration shall impose the appropriate administrative penalties for every recruitment violation.

Money claims arising from recruitment violation may be awarded in addition to the administrative penalties imposed. (Section 1, Rule V, Part V, Ibid.).

SECTION 2.    Imposition of Fines. — In addition or in lieu of the penalty of suspension of license, the Administration may impose the penalty of fine which shall be computed at P10,000.00 for every month of suspension. (Section 2, Rule V, Part V, Ibid.).

SECTION 3.    Mitigating, Aggravating or Alternative Circumstances. — In the determination of the penalties to be imposed, mitigating, aggravating and alternative circumstances attendant to the commission of the offense shall be considered.


SECTION 4.    Manner of Imposition. — When applicable, the imposition of the penalty may be made in accordance with the manner provided below:cralaw

SECTION 5.    Penalty for Cases Involving Five or More Complainants. — A respondent found guilty of committing an offense, regardless of the number or nature of charges, against five (5) or more complainants shall be imposed the penalty of cancellation of license. (Section 5, Rule V, Part V, Ibid.).

SECTION 1.    Jurisdiction. — The Secretary shall have exclusive jurisdiction to act on appeals/petitions for review of recruitment violation cases and other related cases decided by the Administration. (Section 1, Rule VI, Part V, Ibid.).

SECTION 2.    Period to Appeal. — The party aggrieved by a decision of the Administration may appeal the same to the Secretary of Labor and Employment within fifteen (15) calendar days from receipt of a copy of the decision. Failure of the aggrieved party to perfect his appeal within the reglementary period shall render the decision of the Administration final and executory. (Section 2, Rule VI, Part V, Ibid.).

SECTION 3.    Requirements for Appeal. — The appealing party shall file a Notice of Appeal and an Appeal Memorandum with the Adjudication Office or the Regional Office of the Administration, as the case may be. In case a fine and/or a monetary award is imposed against the appealing party, he shall also file a supersedeas bond in the amount of such fine and/or monetary award, in cash or in surety bond posted by a surety company acceptable to the Administration. The Appeal Memorandum shall clearly point out the errors of law and/or fact in the decision appealed from and shall be verified. Any appeal which does not comply with these requirements shall not be acted upon and the Administration shall issue forthwith an order for the execution of the decision for which the appeal is sought. (Section 3, Rule VI, Part V, Ibid.).

SECTION 4.    Transmittal of the Records of the Case on Appeal. — Within twenty-four (24) hours from receipt of the appeal seasonably filed with the corresponding requirements, the Adjudication Office, shall transmit the entire records of the case to the Office of the Secretary of Labor and Employment. (Section 4, Rule VI, Part V, Ibid.).

SECTION 5.    Stay of Execution. — The decision of the Administration shall be stayed during the pendency of the appeal; Provided that where the penalty imposed carries the maximum penalty of twelve months suspension or cancellation of license, the decision shall be immediately executory despite the pendency of the appeal.

Provided further that where the penalty imposed is suspension of license for one month or less, the decision shall be immediately executory and may only be appealed on ground of grave abuse of discretion. (Section 5, Rule VI, Part V, Ibid.).

SECTION 6.    Period to Resolve the Appeal. — Appeals from the decision of the Administrator shall be resolved by the Office of the Secretary for Labor and Employment within sixty (60) calendar days from receipt of the transmittal of the entire records of the case. (Section 6, Rule VI, Part V, Ibid.).


SECTION 1.    Issuance of Writ of Execution. — Unless otherwise provided in these Rules, after the Order has become final and executory, the Administration upon motion or on its own initiative, shall issue a writ of execution requiring the Enforcement Officer to enforce a monetary award or fine imposed in the decision. (Section 1, Rule VII, Part V, Ibid.).

SECTION 2.    Form and Contents of a Writ of Execution. — The writ of execution must be issued in the name of the Republic of the Philippines, requiring the Enforcement Officer to execute the Orders of the Administrator or the Secretary or his duly authorized representative, as the case may be.

The writ of execution must contain the dispositive portion of the order or 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 before proceeding to satisfy the judgment.

Execution shall proceed against the assets of the losing party in the following order:cralaw

A writ of execution shall not be necessary for the enforcement of Orders in the following cases:cralaw


The writ of execution shall be valid and effective for a period of sixty (60) calendar days from issuance thereof. (Section 2, Rule VII, Part V, Ibid.).

SECTION 3.    Motion to Cancel Writ of Execution. — Within five (5) days from receipt of a copy of Writ of Execution, the judgment debtor may file a Motion to Cancel the Writ of Execution on meritorious ground. The filing of such motion shall not stay the execution of the writ unless a cash or surety bond is posted equivalent to the judgment award which shall answer for the claims in the event that the motion is denied.

An Order denying a Motion to Quash the Writ of Execution is final and no further motions of similar nature shall be entertained. (Section 3, Rule VII, Part V, Ibid.).

SECTION 4.    Enforcement of Writs. — In executing an Order, the Enforcement Officer shall be guided strictly by the Manual of Instructions for Enforcement Officers of the POEA which the Administration will adopt. (Section 4, Rule VII, Part V, Ibid.).

SECTION 5.    Garnishment. — In cases where several writs of execution are issued against the same agency, satisfaction of the claims of the workers against the escrow deposit or surety bond 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, the escrow or surety bond shall be pro-rated among the claimants. (Section 5, Rule VII, Part V, Ibid.).

SECTION 6.    Return of Writ of Execution. — The Enforcement Officer implementing the writ of execution shall submit his return immediately upon the satisfaction of the claim. Regardless, however, of the outcome of his implementation, he shall submit his return not later than sixty (60) calendar days from the date of issuance thereof. The return shall state the mode/s of service, the name/s of the person/s served and the date/s of receipt. The return shall also indicate legibly the full name of the serving officer. The return shall form part of the records of the case. (Section 6, Rule VII, Part V, Ibid.).

SECTION 7.    Execution Pending Petition for Certiorari. — Once a petition for certiorari has been filed with and given due course by the appellate court the execution of the order insofar as the monetary award to private claimant is concerned shall be stayed. (Section 7, Rule VII, Part V, Ibid.).

SECTION 1.    Jurisdiction. — The Administration shall exercise original and exclusive jurisdiction to hear and decide disciplinary action cases against seafarers, foreign employers, and principals which are administrative in character. (Section 1, Rule I, Part VI, Ibid.).

SECTION 2.    Venue. — Any complaint involving disciplinary action cases shall be filed with the Adjudication Office of the Administration. (Section 2, Rule I, Part VI, Ibid.).


SECTION 1.    Grounds for Disciplinary Action and their Penalties. — Commission by a seafarer of any of the offenses enumerated below or of similar offenses shall be a ground for disciplinary action for which the corresponding penalty shall be imposed:cralaw

SECTION 2.    Who May File. — Any person may file with the Administration a complaint in writing and under oath for disciplinary action against a seafarer.

The Administration may, on its own initiative, conduct proceedings against a seafarer on the basis of verifiable or official reports. (Section 2, Rule II, Part VI, Ibid.).

SECTION 3.    Contents and Form of Complaint. — All complaints shall be under oath and must contain, among others, the following:cralaw


All supporting documents must be attached to the complaint, whenever possible. (Section 3, Rule II, Part VI, Ibid.).

SECTION 4.    Exempting Circumstances. — The following considerations shall be legitimate reasons for the refusal of a seafarer to depart for the worksite, or to abandon or withdraw from employment:cralaw


SECTION 5.    Temporary Disqualification from Maritime Employment. — A respondent seafarer subject of a pending complaint for disciplinary action, as provided for in Section 1 (A&B), Rule II, Part VI of these Rules, or those against whom a warrant of arrest or hold departure order is issued by competent authority shall be disqualified from maritime employment program until jurisdiction over the respondent is properly acquired by the Administration. (Section 5, Rule II, Part VI, Ibid.).

SECTION 6.    Effect of Filing an Answer. — Upon filing of an answer, the respondent shall be qualified for maritime employment without prejudice to the outcome of the investigation wherein the proper penalty may be imposed. (Section 6, Rule II, Part VI, Ibid.).

SECTION 7.    Disqualification of Maritime Employment. — A seafarer against whom suspension or disqualification has been imposed through a final order, decision, or resolution shall be disqualified from maritime employment unless cleared by the Administration or the penalty imposed had been lifted. (Section 7, Rule II, Part VI, Ibid.).

SECTION 8.    Preventive Suspension. — A seafarer may be preventively suspended when the evidence of guilt is strong and the charge involves a serious offense. (Section 8, Rule II, Part VI, Ibid.).


SECTION 1.    Grounds for Disciplinary Action Against Foreign Principals/Employers:cralaw


SECTION 2.    Who May File. — Any aggrieved person may file a complaint in writing and under oath for disciplinary action against a principal/employer with the Administration.

The Administration may, on its own initiative, conduct proceedings against principals/employers based on verifiable or official reports. (Section 2, Rule III, Part VI, Ibid.).

SECTION 3.    Contents and Form of Complaint. — All complaints shall be under oath and must substantially contain the following:cralaw

All supporting documents must be attached to the complaint, whenever possible. (Section 3, Rule III, Part VI, Ibid.).

SECTION 4.    Temporary Disqualification. — A foreign employer/principal against whom a complaint for disciplinary action has been filed shall be temporarily disqualified from participating in the maritime employment program until the respondent submits to the jurisdiction of the Administration. (Section 4, Rule III, Part VI, Ibid.).

SECTION 5.    Effect of Filing an Answer. — Upon filing of an answer, the respondent employer shall be qualified to participate in the maritime employment program without prejudice to the outcome of the investigation wherein the proper penalty may be imposed. (Section 5, Rule III, Part VI, Ibid.).

SECTION 6.    Preventive Suspension. — A principal/employer may be suspended from participating in the overseas employment program pending investigation of the disciplinary action case when the evidence of guilt is strong and there is reasonable ground to believe that the continued deployment to the principal/employer will result to further violation or exploitation of seafarers.

The OE Adjudicator shall, within sixty (60) calendar days from the filing of the case, submit his findings and recommendations in the form of a draft order. (Section 6, Rule III, Part VI, Ibid.).

SECTION 7.    Disqualification of Foreign Employers/Principals. — Foreign employers/principals against whom the penalty of suspension or disqualification has been imposed through a final order, decision or resolution shall be disqualified from participating in the maritime employment unless cleared by the Administration or the penalty imposed is lifted. (Section 7, Rule III, Part VI, Ibid.).


SECTION 1.    Jurisdiction on Appeal. — The Secretary shall have the exclusive jurisdiction to act on appeals of disciplinary action cases decided by the Administration. (Section 1, Rule IV, Part VI, Ibid.).

SECTION 2.    When to File. — Appeals shall be filed with Office of the Secretary with proof of service to the Administration and the adverse party within fifteen (15) calendar days from receipt by the parties of their respective copies of the Order. (Section 2, Rule IV, Part VI, Ibid.).


SECTION 1.    Records of Proceedings. — The Overseas Employment Adjudicator shall summarize in writing all the records of all proceedings before him, including the substance of the evidence presented. The minutes of proceedings shall be signed by the parties and shall form part of the records. Where any of the parties refuse to sign, the refusal and reason/s given must be indicated by the Overseas Employment Adjudicator in the minutes, which must be chronologically arranged and appropriately paged. (Section 1, Rule V, Part VI, Ibid.).

SECTION 2.    Appearances. — An attorney appearing for a party is presumed to be properly authorized for that purpose.

Appearances may be made orally or in writing. In both cases, the complete name and office address of both parties shall be made of record and the adverse party or his counsel/representative properly advised.
Any change in the address of counsel/representative should be filed with the records of the case and furnished the adverse party or counsel.

Any change or withdrawal of counsel/representative shall be made in accordance with the Rules of Court. (Section 2, Rule V, Part VI, Ibid.).

SECTION 3.    Action on Motions. — The OE Adjudicator shall have the authority to rule on motions which may be done in writing or orally during the proceedings/conferences. (Section 3, Rule V, Part VI, Ibid.).

SECTION 4.    Consolidation of Cases. — Where there are two (2) or more cases pending before different OE Adjudicators, involving the same respondent/s and issues, the case which was filed last may be consolidated with the first to avoid unnecessary cost or delay. Such cases shall be handled by the OE Adjudicator to whom the first case was assigned. (Section 4, Rule V, Part VI, Ibid.).

SECTION 5.    Discovery of Another Offense. — When in the course of investigation another offense is uncovered, the Administration may issue the necessary show cause order or inform the respondent/s of the change/s during the investigation and enter the same in the minutes. The Administration shall allow the parties the requisite period within which to file an Answer. (Section 5, Rule V, Part VI, Ibid.).

SECTION 6.    Discovery of Another Respondent. — When in the course of the investigation, another agency or person is found to have committed a violation, the OE Adjudicator shall automatically implead said agency or person in the records of case subject of investigation. For this purpose, a show cause order shall be issued to the agency or person in accordance with the Rules. (Section 6, Rule V, Part VI, Ibid.).

SECTION 7.    Prescription. — All recruitment violation cases enumerated in these Rules shall be barred if not commenced or filed with the Administration within three (3) years after such cause of action accrued.
Likewise, disciplinary action shall be barred if not commenced or filed with the Administration within three (3) years after such cause of action occurred. (Section 7, Rule V, Part VI, Ibid.).

SECTION 8.    Disqualification of Erring Bonding Companies. — Bonding companies found not to be complying with orders issued against the surety bond, shall be recommended to the Licensing and Regulation Office for disqualification. (Section 8, Rule V, Part VI, Ibid.).

SECTION 9.    Applicability of the Rules of Court. — The Revised Rules of Court of the Philippines shall, whenever practicable, supplement these Rules in similar or analogous character in proceedings brought before the Administration. (Section 9, Rule V, Part VI, Ibid.).

SECTION 1.    Voluntary arbitration. — Unresolved disputes involving seafarers and their employers-principals with Collective Bargaining Agreements, arising from the interpretation or implementation of the Standard Employment Contract, the Shipping Article, Collective Bargaining Agreement and the interpretation, enforcement of company personnel policies at the worksite and other employer-employee relations cases involving Filipino seafarers, on the one hand, and the employers, principals and contracting partners, on the other hand, including but not limited to contractual, disciplinary action and other tort cases, shall be submitted to voluntary arbitration for resolution.

Where the parties, although they have no existing collective bargaining agreement, agrees to adopt voluntary arbitration as an option to settle their conflicts, the POEA shall assist them in submitting their respective cases to voluntary arbitration. (Section 1, Rule I, Part VII, Ibid.).

SECTION 2.    Finality of Settlement/Decision. — Any settlement reached by the parties in the course of the arbitration shall be final and binding upon them. Where such amicable settlement is not agreed upon, the Voluntary Arbitrator chosen by the parties shall resolve the conflict on the basis of the evidence and issue his decision which shall likewise be final and binding upon the parties.

SECTION 3.    Implementing Guidelines. — The Administration shall issue the necessary implementing guidelines to carry out this provision. (Section 2, Rule I, Part VII, Ibid.).

SECTION 1.    Repatriation of Seafarers. — The repatriation of the seafarer and the transport of his personal belongings shall be the primary responsibility of the principal and/or agency which recruited or deployed the seafarer overseas. All costs attendant to the repatriation shall be borne or charged to the principal and/or agency concerned. Likewise, the repatriation of remains and transport of the personal belongings of the deceased seafarer and all costs attendant thereto shall be borne by the principal and/or the agency. However, in cases where the termination of the employment is due solely to the fault of the seafarer, the principal or agency shall not in any manner be responsible for the repatriation of the former and/or his belongings. (Section 1, Rule II, Part VII, Ibid.).

SECTION 2.    Repatriation Costs When Employment is Terminated. — The principal or agency shall advance the cost of plane fare without a prior determination of the cause of the termination of the seafarers' employment. However, the principal/agency may recover the cost of repatriation from the seafarer upon his return to the Philippines if termination of employment is due solely to seafarers' fault. (Section 2, Rule II, Part VII, Ibid.).

SECTION 3.    Repatriation Procedure. — When the need for repatriation arises and the principal fails to provide for the costs, the Philippine Embassy/Consulate/Overseas Labor Office at worksite shall simultaneously notify the Administration and OWWA of such need. The Administration shall require the agency to provide the plane ticket or a pre-paid ticket advice to the Philippine Embassy/Consulate Overseas Labor Office and to report its compliance to the Administration which shall advise OWWA accordingly. (Section 3, Rule II, Part VII, Ibid.).

SECTION 4.    Administrative Sanction for Non-Compliance. — If the employment agency fails to provide the ticket or pre-paid advice within 48 hours from receipt of notice, the Administration shall suspend the documentary processing of the agency or impose such sanctions, as it deem necessary. The Administration may request OWWA to advance the costs of repatriation with recourse to the agency and/or employer. The administrative sanction shall be lifted after the agency or employer shall have reimbursed OWWA of the costs of repatriation. (Section 4, Rule II, Part VII, Ibid.).


SECTION 1.    Declaration of War Risk Areas. — In order to protect seafarers from the hazards of war or war-like operations, the Administration shall, pursuant to prior declaration by the competent authorities, declare specific areas, territorial waters or portions of the high seas as war risk. (Section 1, Rule III, Part VII, Ibid.).

SECTION 2.    War Risk Premium Pay. — Seafarers who sail for work on areas declared by the Administration as war risk areas shall be entitled to premium pay or its equivalent, the form of which shall be determined by the Administration. (Section 2, Rule III, Part VII, Ibid.).

SECTION 1.    Education Program. — In accordance with the policy of full disclosure, the Administration shall provide a comprehensive and integrated education program on seafarers' employment and shall be undertaken in partnership with other relevant organizations and government entities. Such education program shall cover all stages of recruitment and employment. (Section 1, Rule IV, Part VII, Ibid.).

SECTION 2.    Program Development Administration and Linkages. — The Administration shall develop and administer the program in partnership with concerned government agencies, industry associations, civic-oriented groups and non-government organizations. (Section 2, Rule IV, Part VII, Ibid.).

SECTION 3.    Information Campaign. — The Administration shall conduct a nationwide, multi-media and sustainable grassroots information campaign to create public awareness on the realities of employment involving seafarers. (Section 3, Rule IV, Part VII, Ibid.).

SECTION 4.    Orientation of Licensed Manning Representatives. — The Administration shall provide orientation programs to officers and staff of licensed manning agencies. (Section 4, Rule IV, Part VII, Ibid.).

SECTION 5.    Responsibility of Agencies Relative to PDOS. — It shall be the responsibility of every licensed manning agency to provide an appropriate and comprehensive pre-departure orientation seminar to their selected seafarers before deployment to ensure that their documents are in order, they are well-informed on travel, arrival and remittance procedures as well as what to do and where to ask for assistance for any post-arrival problem. (Section 5, Rule IV, Part VII, Ibid.).


SECTION 1.    Research Studies. — The Administration, in coordination with other entities, shall conduct periodic researches and studies on labor supply especially as it relates to the monitoring of the supply of seafarers vis-à-vis the demand for them in international shipping. (Section 1, Rule V, Part VII, Ibid.).

SECTION 2.    Manpower Development Program. — The Administration shall extend technical support and establish linkages with government agencies and other concerned sectors in the development and provision of assistance programs in the training of seafarers. (Section 2, Rule V, Part VII, Ibid.).

SECTION 3.    Training Programs and Standards. — The Administration shall coordinate with private entities, government agencies and employers concerned in the formulation of training programs and standards. (Section 3, Rule V, Part VII, Ibid.).

SECTION 1.    Transfer of Welfare Services Provisions to OWWA. — All provisions pertaining to the welfare of seafarers shall be transferred to OWWA upon effectivity of these rules. In the meantime, POEA shall continue to perform welfare services. (Section 1, Part VIII, Ibid.).


SECTION 1.    Authority to Administer Oaths. — The Administrator, or any person designated by him to handle cases or disputes, shall have the authority to administer oaths and require the attendance of witnesses or the production of any book, paper, correspondence, memoranda and other documents relevant or material to the case or inquiry. (Section 1, Part IX, Ibid.).

SECTION 2.    Construction. — These Rules shall be liberally construed to carry out the objectives of the Constitution, the Labor Code of the Philippines and the laws pertaining to overseas employment and to assist the parties in obtaining just, expeditious and inexpensive settlement of disputes.
All doubts in the implementation or interpretation of these Rules shall be resolved in favor of labor. (Section 2, Part IX, Ibid.).

SECTION 3.    Transfer of Cash Bond. — Manning agencies shall be allowed to withdraw their existing cash bonds so that the same may be used to comply with the escrow deposit requirement under Section 4, Rule II, Part II of these Rules. (Section 3, Part IX, Ibid.).

SECTION 4.    Separability Clause. — The provisions of these Rules and Regulations 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. (Section 4, Part IX, Ibid.).

SECTION 5.    Repealing Clause. — All policies, issuances, rules and regulations inconsistent with these Rules and hereby repealed or modified accordingly. (Section 5, Part IX, Ibid.).

SECTION 6.    Effectivity. — These Rules shall take effect fifteen (15) days from publication in a newspaper of general circulation. (Section 6, Part IX, Ibid.).

Done in the City of Manila, Republic of the Philippines, this 23rd day of May 2003.


   chanroblesvirtualawlibrary

              (Sgd.) ROSALINDA DIMAPILIS-BALDOZ    (Sgd.) LUZVIMINDA L. ELBINIAS
                       Board Member                          Board Member

                  (Sgd.) EZEKIEL T. ALUNEN     (Sgd.) VICENTE F. ALDANESE, JR.
                         Board Member                  Board Member



As far as PDOS are concerned, the Labor Secretary issued on August 19, 2002, Department Order No. 025-02 which promulgates Self-Defense Orientation for Women Migrant Workers.  This issuance is in line with the state policy of providing special interventions for the empowerment of women migrant workers and in order to equip them with adequate skills and information.  Consequently, all women migrant workers shall be provided with self-defense orientation in their pre-departure orientation program regardless of their job and destination.  The Overseas Workers Welfare Administration is further instructed to develop, implement and monitor such orientation.