(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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