How to Claim Repatriation Assistance for OFWs via DSWD and OWWA

The repatriation of Overseas Filipino Workers (OFWs) is a shared responsibility of several Philippine government agencies, primarily governed by Republic Act No. 8042 (Migrant Workers and Overseas Filipinos Act of 1995), as amended by Republic Act No. 10022, and further bolstered by the creation of the Department of Migrant Workers (DMW) under Republic Act No. 11641.

While the DMW now serves as the primary executive department, the Overseas Workers Welfare Administration (OWWA) and the Department of Social Welfare and Development (DSWD) maintain critical roles in providing financial, legal, and psycho-social reintegration assistance.


I. Legal Basis and Mandate

Under Philippine law, the state is mandated to afford full protection to labor, local and overseas.

  • OWWA: Acts as the principal agency for the welfare of member-OFWs, managing the Emergency Repatriation Fund (ERF).
  • DSWD: Provides auxiliary social services under the "Assistance to Individuals in Crisis Situations" (AICS) program, often serving as a secondary safety net for distressed or undocumented OFWs who may not qualify for full OWWA benefits.

II. Repatriation via the Overseas Workers Welfare Administration (OWWA)

The OWWA provides the most comprehensive repatriation package, covering airfare, airport assistance, and temporary shelter.

1. Eligibility

  • Active Members: OFWs with updated OWWA membership contributions.
  • Inactive Members/Non-members: In cases of war, epidemic, or disasters, OWWA may still facilitate repatriation, though costs may be recovered from the recruitment agency or the employer.

2. Grounds for Assistance

  • Termination of contract without just cause.
  • Physical, mental, or sexual abuse by the employer.
  • Medical emergencies or illness.
  • Outbreak of war, civil unrest, or natural disasters in the host country.
  • Death of the OFW (repatriation of remains).

3. Documentary Requirements

To claim post-arrival assistance or reimbursement, the following are typically required:

  • Accomplished OFW Information Sheet.
  • Passport (original and photocopy) or Travel Document.
  • Proof of Employment (Contract, payslips, or OEC).
  • Proof of Membership (for financial grants).
  • Affidavit of Undertaking/Statement explaining the circumstances of the repatriation.

4. Procedure

  1. On-Site Request: The OFW or their family contacts the Migrant Workers Office (MWO)—formerly POLO—at the nearest Philippine Embassy or Consulate.
  2. Validation: The Labor Attaché verifies the claim and coordinates with the employer/agency for ticket provision.
  3. Emergency Repatriation Fund (ERF): If the agency/employer fails to provide a ticket within 48 hours, OWWA uses the ERF to fly the OFW home.
  4. Arrival Assistance: Upon landing at NAIA/regional airports, OWWA officers provide transportation to their home province or temporary stay at the OWWA Halfway House.

III. Assistance via the Department of Social Welfare and Development (DSWD)

The DSWD steps in primarily through its Social Welfare Attachés (SWAs) abroad and the Assistance to Individuals in Crisis Situations (AICS) program domestically.

1. Scope of Assistance

  • Financial Assistance: A one-time grant for transportation, medical, or burial expenses.
  • Psycho-social Counseling: Mandatory for victims of trafficking or physical abuse.
  • Referral System: Linking the OFW to local government units (LGUs) for livelihood programs.

2. Documentary Requirements

  • Valid ID (Passport or any government-issued ID).
  • Clinical Abstract/Medical Certificate (if for medical reasons).
  • Certificate of Indigency (from the Barangay, if claiming AICS).
  • Referral Letter from the MWO or DFA (if applicable).

3. Procedure

  1. Screening: The OFW visits the DSWD office at the airport or the Sustainable Livelihood Program (SLP) desk at their local DSWD Field Office.
  2. Intake Interview: A Social Worker conducts an assessment to determine the level of "crisis."
  3. Release of Grant: Depending on the assessment, a cash voucher or guarantee letter is issued for immediate needs.

IV. Distinctions in Liability: Agency vs. Government

A critical legal nuance in Philippine repatriation is the Primary Liability of the Recruitment Agency.

  • Section 15 of RA 8042: The repatriation of the worker and the transport of their personal belongings shall be the primary responsibility of the agency which recruited or deployed the worker overseas.
  • The "Fly Now, Pay Later" Rule: If the agency refuses to pay, the government (OWWA/DMW) pays for the repatriation immediately, but the agency's license may be suspended, and the government will seek reimbursement from the agency’s compulsory insurance or performance bond.

V. Summary Table of Benefits

Type of Assistance Provider Coverage
Airfare/Transport OWWA / Agency Full cost of ticket to the Philippines.
Airport Assistance OWWA / DMW Meet-and-greet, immigration assistance.
Financial Grant DSWD (AICS) Cash for immediate post-arrival needs.
Reintegration Card DMW / OWWA Access to "Balik Pinas, Balik Hanapbuhay" grants.
Legal Assistance DMW (Legal Assistant for Migrant Workers Affairs) Filing cases against abusive employers or agencies.

VI. Conclusion on Legal Remedies

OFWs who are forced to pay for their own repatriation despite being in a distressed situation have the legal right to file for reimbursement against their recruitment agency before the National Labor Relations Commission (NLRC). The "no-fault" nature of repatriation in cases of war or disaster ensures that the state must act first and litigate costs later, prioritizing the safety of the Filipino citizen above all administrative hurdles.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.