SPECIAL CASES: DOJ / BI Memo on Departure Formalities

GUIDELINES ON DEPARTURE FORMALITIES FOR INTERNATIONAL-BOUND PASSENGERS IN ALL AIRPORTS AND SEAPORTS IN THE COUNTRY

DOJ-BI Memorandum dated 03 January 2012

Pursuant to Republic Act No. 9208, otherwise known as the “Anti-Trafficking in Persons Act of 2003”, and its Implementing Rules and Regulations, Republic Act No. 8042, otherwise known as the “Migrant Workers and Overseas Filipinos Act of 1995”, as amended by Republic Act No. 10022 and other related laws, the following guidelines, providing for definite parameters in the strict enforcement of immigration departure formalities intended for the prevention of trafficking in persons, illegal recruitment, and other related offenses, are hereby promulgated for strict implementation/compliance by all concerned:

1. FOR FINAL INTERVIEW/QUALIFYING EXAM

Workers to undergo final interview/qualifying exam as required by their prospective employers shall present the Philippine Overseas Employment Administration’s (POEA) Special Exit Clearance. In the absence of thereof, passengers shall not be cleared for departure.

2. ON THE JOB TRAINING

Travelers intending to depart to another country for the purpose of on-the-job training shall present the following additional documents:

• i. School certification on the need for on-the-job training
• ii. Acceptance by the host company
• iii. Certificate of Overseas Training by the Commission on Higher Education (CHED)

3. For relatives requesting for compassionate visit

To an irregular worker abroad, a certification from Department of Foreign Affairs (DFA-OUMWA) must be secured.

LATEST MEMO FROM DOJ/BI-MANILA: Guidelines on Departure Formalities for OFWs

GUIDELINES ON DEPARTURE FORMALITIES FOR INTERNATIONAL-BOUND PASSENGERS IN ALL AIRPORTS AND SEAPORTS IN THE COUNTRY
Latest Memorandum Dated 03 January 2012

Pursuant to Republic Act No. 9208, otherwise known as the “Anti-Trafficking in Persons Act of 2003”, and its Implementing Rules and Regulations, Republic Act No. 8042, otherwise known as the “Migrant Workers and Overseas Filipinos Act of 1995”, as amended by Republic Act No. 10022 and other related laws, the following guidelines, providing for definite parameters in the strict enforcement of immigration departure formalities intended for the prevention of trafficking in persons, illegal recruitment, and other related offenses, are hereby promulgated for strict implementation/compliance by all concerned:

OVERSEAS FILIPINO WORKERS

• 1.First Time Overseas Filipino Workers

1.1 Travelers under this classification shall present the following documents as validated by the Labor Assistance Center (LAC):

• a) Passport
• b) Visa
• c) Airline/Sea craft Tickets
• d) Overseas Employment Certificate (OEC)

1.2 Allowable Visa Usage (Based on POEA Rules and Regulations)

Should there be any discrepancy in the actual job position/job title in the visa and in the Overseas Employment Certificate, travel may nevertheless be allowed provided that the POEA through its LAC, has validated and approved the variance based on the following:

• a) The visa category is related to the workers’ position or in line with the principal’s nature of business;
• b) The recruitment agency executes an Undertaking on Visa Usage; and
• c) The worker is aware of the visa discrepancy situation and has executed a Declaration of Awareness and Consent.

1.3 Instance When Visa Usage is NOT Allowed (Based on POEA Rules and Regulaions)

The use of Visa Usage Undertaking (VUU), however, does not, and can never, apply to Household Service Workers (HSW). The visa category should be strictly for household-based positions, otherwise, a traveler will not be cleared for departure and the aforementioned documents shall be confiscated for further investigation and appropriate action.

1.4 For Acts Involving Reprocessing of Contracts and Other Documents

OFWs in possession of “reprocessed” documents shall not be cleared for departure.

Based on R.A. No. 10022, the following constitute acts of reprocessing:

• 1. The job description/position as indicated in the work visa is different from all other pertinent documents such as the Overseas Employment Certificate, the PDOS Certificate, among others;
• 2. The actual job as promised or offered is different from the actual overseas work as indicated in the pertinent papers; and
• 3. The name of the employer or hiring company as indicated in the work visa and/or OEC are not one and the same.

All documents used under the afore-mentioned provision shall be confiscated and turned over to the POEA for further investigation and appropriate action.

• 2. Balik-manggagawa/ Returning Workers