(b)
established Single Entry Assistance Desks at the POEA and its regional
offices, at the Overseas Workers Welfare Administration (OWWA) and its regional offices
and at the POLOs.104
(c)
allowed the conduct of SEnA for OFWs at the nearest POLO in the country of
destination or disembarkation or at the nearest DOLE Office or attached agency of preference
when in the country.105
Settlement agreement reached by the parties before the Single Entry Assistance Desk
Officer (SEADO) are final and immediately executory. It is binding on all DOLE offices and
attached agencies except when the settlement agreement is established to be contrary to law,
morals, public order and public policy. 106
The fairness/reasonableness of settlement agreements shall depend on the totality of
the circumstances, the degree of voluntariness and credibility of the consideration. 107
Concerns have been raised by many quarters about the implementation of SEnA for
OFWs, especially at the POLOs. In particular,
(a)
There appears to be an 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 Landbased Overseas
Filipino Workers of 2016.
While Section 3(e) of DOLE Department Order No. 151-16 excluded from the SEnA
violations of POEA Rules and Regulations involving serious offenses and offenses penalized
with cancellation of license, Section 139 of Rule II, Part VI of the 2016 Revised POEA Rules
and Regulations allows OFW money claims arising from violations of Sections 143(g) and
(h) of the 2016 Revised POEA Rules and Regulations to be subjected to SEnA proceedings
for the purpose of returning the full amount excessively/illegally collected.
Violations of Sections 143(g) and (h) of the 2016 Revised POEA Rules and
Regulations are both punishable with cancellation of the recruitment license at the first
instance, and therefore, should not have been included in the types of OFW money claims
that should be subject to SEnA proceedings.
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.
104
105
106
107
Section 5, Rule I of DOLE Department Order No. 151-16
Ibid., Section 2, Rule II
Ibid., Section 3, Rule V
Ibid., Section 1, Rule V
63
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