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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Agarang Kalinga at Saklolo para sa mga OFWs na Nangangailangan (AKSYON) Fund, to the fund created under Section 14 of Republic Act No. 11641 (Department of Migrant Workers Act) to provide legal, medical, financial, and other forms of assistance to Overseas Filipino Workers including repatriation, shipment of remains, evacuation, rescue, and any other analogous help or intervention to protect the rights of Filipino nationals. (Section 3, par. a, R.A. No. 11641)
Under Department of Migrant Workers Department Order No. 04, series of 2023 (DMW D.O. No. 04-23), the AKSYON Fund shall provide legal and other forms of assistance to OFWs including:
- Legal Assistance to any OFW in distress;
- Medica Assistance to OFWs in distress in connection with their examination, treatment, hospitalization, rehabilitation and repatriation;
- Repatriation;
- Financial Assistance to families and/or children of OFWs in distress with pending cases onsite, including families of victims of trafficking in persons;
- Shipment and transport of human remains;
- Rescue and evacuation; or
- Any other analogous intervention including humanitarian assistance to protect the rights, interests and welfare of the workers and their families who are living with the OFWs in distress at the host country, including families of victims of trafficking in persons during the pendency of such cases.
Agarang Kalinga at Saklolo para sa mga OFWs na Nangangailangan Fund, or AKSYON Fund for short, refers to the fund created under Section 14 of Republic Act No. 11641 (Department of Migrant Workers Act) to provide legal, medical, financial, and other forms of assistance to Overseas Filipino Workers including repatriation, shipment of remains, evacuation, rescue, and any other analogous help or intervention to protect the rights of Filipino nationals. (Section 3, par. a, R.A. No. 11641)
The Secretary of the Department of Migrant Workers (DMW) is granted by the law the power to administer and manage the AKSYON Fund and other appropriations given to the DMW, as well as issue guidelines for the proper and efficient utilization thereof. (Section 8, par. f, R.A. No. 11641)
The law says:
“The Agarang Kalinga at Saklolo para sa mga OFWs na Nangangailangan (AKSYON) Fund is hereby established to provide legal and other forms of assistance to OFWs, separate from the funds managed by the DFA. The DFA shall retain ATN and Legal Assistance Funds for the benefit of other Filipinos overseas and for consular assistance services. An appropriate amount shall initially be provided for the AKSYON Fund in the General Appropriations Act of the year following its enactment into law and an appropriate amount for every year thereafter to provide assistance to OFWs at Foreign Service Posts where MWO have been established and staffed.” (Section 8, par. f, R.A. No. 11641)
In 2023, the DMW issued Department Order No. 04, series of 2023 (DMW D.O. 04-23) which provided for the Guidelines on the Implementation of the AKSYON Fund pursuant to the policies of the DMW to protect the rights and promote the welfare of Overseas Filipino Workers (OFWs) and their families by ensuring the provision of timely and responsive services to address their needs regardless of their legal status.
Under DMW D.O. No. 04-23, who are entitled to avail the benefits and assistance provide for by the AKSYON Fund?
The law says:
“All OFWs, whether land-based or sea-based, documented or undocumented, regardless of immigration status, who need medical, financial, psycho-social, legal, rescue, repatriation assistance, or any other kind of analogous interventions, including the transport of human remains are entitled to avail of the benefits or assistance provided by the AKSYON Fund. The next king of OFWs in distress or families left behind can also avail of humanitarian assistance through the AKSYON Fund.” (Article I, DMW D.O. No. 04-23)
What forms of assistance does the AKSYON Fund offers to OFWs?
Under DMW D.O. No. 04-23, the AKSYON Fund shall provide legal and other forms of assistance to OFWs as mandated by Section 14 of Republic Act No. 11641. These forms of assistance include:
- Legal Assistance to any OFW in distress;
- Medica Assistance to OFWs in distress in connection with their examination, treatment, hospitalization, rehabilitation and repatriation;
- Repatriation;
- Financial Assistance to families and/or children of OFWs in distress with pending cases onsite, including families of victims of trafficking in persons;
- Shipment and transport of human remains;
- Rescue and evacuation; or
- Any other analogous intervention including humanitarian assistance to protect the rights, interests and welfare of the workers and their families who are living with the OFWs in distress at the host country, including families of victims of trafficking in persons during the pendency of such cases.
Legal Assistance to OFWs in Distress
DMW D.O. No. 04-23 provides that that legal assistance made available to OFWs in distress may be in the form of referral or networking with lawyers, non-government organizations, and other service centers. Legal assistance shall include but shall not be limited to the following:
- Those arising from an employer-employee dispute, immigration case, police case, or other analogous legal proceeding including, among others, an action for tort or civil damages, immigration detention, other detention by foreign government authorities or other legal proceedings necessary for the OFW in distress to enforce his or her right, protect his or her liberty, or seek redress for injury, as provided under the laws of the foreign host country, under international law or Philippine law;
- In criminal cases where the OFW in distress is charged with an offense punishable by death or life imprisonment;
- Trafficking in persons, while cases are pending, including assistance to families, inclusive of reasonable costs for travel and expenses to and from countries or jurisdiction where trafficking occurs;
- In cases where both parties to a case are Filipinos, legal assistance shall be made available to the party who is on a prima facie basis aggrieve or has suffered an injustice, as may be evaluated and assessed by the MW Staff Officer or Welfare Officer and approved by the Migrant Worker Officer;
- Immigration cases for purposes of repatriation; and
- Other analogous cases subject to the evaluation and assessment of the MS Staff Officer and approval by the Migrant Worker Office or the Office of the Undersecretary for Foreign Employment and Welfare Services.
The provision on legal assistance to OFWs in distress may be availed of by:
a) Filing an application by the OFWs in distress with the Migrant Workers’ Office;
b) Initiative by the Migrant Workers’ Staff Officer;
c) Request for Assistance by an OFW’s families left behind; or
d) Administration of Oath by the Migrant Worker Officers.
Related Article/s:
Policies of the Department of Migrant Workers
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