D. In order to address the perceived problems concerning disability and death benefits of landbased OFWS, it is recommended that the provisions of R. A. 8042, as amended, as well as the POEA-SEC for landbased OFWs, be reviewed in order to provide for joint and solidary liability of the foreign employer and the local recruitment agency for compensation and benefits in case of work-related injury, illness or death of the landbased OFW similar to, or comparable to, that of the seabased OFWs. E. In order to address the perceived problems in the implementation of the SEnA Process for OFWs, it is recommended that: 1. The apparent conflict between the Section 3(e) of DOLE Department Order No. 151-16 and Section 139 of Rule II, Part VI of the Revised POEA Rules and Regulations Governing the Recruitment and Employment of Land-based Overseas Filipino Workers of 2016 be resolved. In any case, even assuming that SEnA proceedings should be allowed solely for the the purpose of returning to the OFW the full amount excessively/illegally collected, the settlement agreement negotiated through SEnA should not result in the dismissal or weakening of the administrative and/or criminal cases filed against the erring recruitment agency and its directors and officers. 2. The SEADO should ensure, in case that the foreign employer has possession of the OFW’s passport and other identity documents, that the foreign employer shall immediately turn over possession of the same to the OFW without any conditions prior to the formal SEnA proceedings before the POLO. Should the employer and/or recruitment agency use the turnover of the OFW’s passport and identity documents and issuance of the exit visa as bargaining chips in the SEnA negotiations, such fact should be indicated in the minutes of the SEnA proceedings and the signed compromise agreement, if any, should not bar the OFW from filing money claims case before the NLRC upon his/her return to the Philippines. 3. In order to address the lack of legal advice/assistance of OFWs during the SEnA conferences before the POLOs, it is recommended that a program or policy be instituted in order to provide the OFW access to virtual or online legal advice/assistance through the services of the Public Attorney’s Office, the Integrated Bar of the Philippines, legal aid clinics, pro-bono lawyers or through the OFW’s counsel of choice. 69