This guide is general information for workers and agencies in the Philippines. It is not legal advice. Laws and implementing rules change; consult the Department of Migrant Workers (DMW), OWWA, or a lawyer for specific cases.

1) Core Legal Framework

Migrant Workers and Overseas Filipinos Act (Republic Act No. 8042), as amended by RA 10022 and RA 11641 (which created the Department of Migrant Workers and consolidated POEA functions).
DMW Rules and Regulations on recruitment and placement of land-based and sea-based workers.
Anti-Trafficking in Persons Act (RA 9208 as amended by RA 10364) — prohibits acts such as confiscation of passports for coercion.
Labor Code and NLRC rules on money claims (primarily post-deployment) vs. DMW’s jurisdiction (pre-deployment recruitment violations).
DFA policies: the passport remains property of the Government of the Republic of the Philippines; withholding without lawful basis may constitute a violation.

2) Your Right to Get Your Passport Back

Agencies and employers cannot withhold your passport as leverage to force deployment or payment. Passports are government property; you are the rightful holder.
Withdrawing your consent to deploy does not strip you of the right to immediate passport release.
If an agency says it must “clear you” first or “wait for employer approval” before releasing your passport, that is not a valid legal reason to keep it.

Immediate steps if your passport is being held:

Ask for release in writing (see sample letter below). Give a firm but reasonable pickup time and bring valid ID.
Document everything: screenshots of messages, voice recordings (if lawful), names of staff, time/date of visits.
Escalate quickly if refused:
- File a DMW complaint for recruitment violation.
- Call the DMW 24/7 hotline (1348) or visit the nearest DMW Regional Office.
- If coercion/harassment is present, seek help from the PNP or barangay.
- Coordinate with DFA for guidance. In extreme cases where recovery is impossible, discuss options for cancellation and reissuance due to “withheld and irretrievable” status (you’ll need documentation of efforts and a police/barangay report).

3) Withdrawing From Deployment: What You Can (and Can’t) Be Charged

A. General principles

No fees beyond what the law and DMW rules allow. Recruiters can charge only lawful fees, and only if actually incurred and properly receipted.
No “penalty for backing out.” Clauses imposing blanket penalties, excessive “liquidated damages,” or training bonds designed to lock you in are generally unenforceable when they undermine your statutory rights.
Refunds if non-deployment isn’t your fault. When deployment fails due to agency/employer fault (e.g., job order canceled, visa denied for employer-side reasons), you may be entitled to a refund of placement fees and certain costs.

B. Placement fees (land-based)

Household Service Workers (HSWs) and many categories under bilateral protections: no placement fee.
Other land-based categories: placement fee capped at one (1) month of basic salary if the destination country permits worker-paid fees and Philippine rules allow it.
Seafarers: generally no placement fees; special maritime rules apply.

C. What agencies may recover if you voluntarily withdraw pre-deployment

Actual, necessary, and reasonable costs incurred for your deployment, supported by official receipts, such as:
- Medical exam, mandatory tests/clearances
- Skills assessment/certification (TESDA), when truly required
- Government processing (e.g., e-Registration, OEC once applicable), authentication, notarization
- Required training actually attended (e.g., PDOS/PEOS is typically free; beware “mandatory” trainings that are not)
- Visa fees paid for you
- Document translations/attestations actually processed
Not recoverable / red flags:
- “Penalty,” “back-out fee,” or generic liquidated damages
- Unreceipted sums, mark-ups, “handling” or “facilitation” charges
- Double-charging for employer-shouldered expenses (e.g., many countries require employers to pay visa, ticket, and certain onboarding costs)
- Charging for non-attended training or services not actually availed

Practical rule of thumb: If it wasn’t lawful, necessary, actually incurred, and officially receipted, it should not be deducted.

4) Common Scenarios and Outcomes

Worker withdraws after medical but before visa filing.
- Agency may deduct the medical fee (with receipt). Passport must be released immediately. No placement fee if not yet collected.
Worker withdraws after visa approval but before ticketing.
- Agency may seek recovery of visa fee and documented processing costs. No “penalty.” Passport must be released.
Agency cancels job order; worker still wants to go.
- Agency fault: worker entitled to refund of placement fee (if any), plus return of all original documents. Consider filing for damages if there was bad faith.
Employer backs out or fails to issue contract/permit on time.
- Employer/agency side: similar refund entitlements; agencies must not pass employer-side risk to the worker.
Agency refuses to release passport unless worker signs a “quitclaim” or pays a penalty.
- Coercive and improper. Demand release; complain to DMW; consider criminal/administrative action if threats or coercion are used.

5) Jurisdiction and Where to File

Department of Migrant Workers (DMW)
- Pre-deployment disputes, recruitment violations, illegal exactions, non-release of passport, unlawful fees.
- Remedies may include administrative sanctions versus agencies (suspension, cancellation of license), restitution/refund orders.
NLRC / Labor Arbiters
- Employment money claims arising from the employer-employee relationship, typically post-deployment (e.g., unpaid wages, illegal dismissal abroad), though coordination with DMW rules is common.
Criminal complaints
- Illegal recruitment (especially by non-licensees/multiple victims), trafficking, coercion, estafa—file with DOJ/City Prosecutor; seek PNP/NBI assistance.
DFA / Consular Affairs
- Guidance on passports; facilitation if passport is withheld; cancellation/reissuance processes when the passport cannot be retrieved from an unlawful holder.

6) Step-by-Step: How to Withdraw Properly

Make an informed decision. Review your contract, country rules, and timelines. If you’re an HSW or seafarer, remember the no-placement-fee baseline.
Notify the agency in writing.
- State that you are withdrawing consent to deploy and demand immediate release of your passport and originals.
- Ask for an itemized statement of any lawful, receipted costs they claim.
Retrieve your passport and documents.
- Bring a valid ID. Sign only a simple acknowledgment of document receipt. Avoid quitclaims that waive rights or impose penalties.
Settle lawful costs (if any).
- Pay only documented lawful amounts. Keep copies of all receipts. If the agency refuses receipts, do not pay and escalate.
Escalate disputes early.
- If there’s refusal to release your passport, inflated charges, or coercion, file a DMW complaint and consider criminal remedies if warranted.

7) Evidence Checklist

Recruitment agreement/offer, DMW-verified contract (if available)
Official receipts for any fees paid
Proof of medical/assessments performed (with dates and providers)
Visa or application records (submission, fees)
Written notices: your withdrawal letter, agency replies
Screenshots and call logs showing threats, refusal, or conditions for release
Barangay/police blotter if there is harassment or physical withholding

8) Negotiation Tips (Without Waiving Rights)

Ask for a line-item breakdown with corresponding OR numbers and amounts.
Offer to settle only the receipted, necessary, and lawful items.
Never agree to “penalties,” blanket quitclaims, or to leave your passport “on hold.”
If a compromise is reached, use a narrow settlement: “Payment of the following receipted items in full satisfaction of lawful pre-deployment costs; no waiver of statutory rights.”

9) Red Flags to Watch For

“Penalty for backing out,” “training bond,” or liquidated damages with no basis
Bundled charges without receipts (e.g., “processing ₱50,000”)
Passport withheld pending payment or new applicant replacement
For HSWs/seafarers: any placement fee demand
Collection of employer-shouldered costs (visa/ticket) where destination rules mandate employer payment
Demands to sign quitclaims waiving refund rights

10) Sample Documents

A. Withdrawal & Passport Demand Letter

[Date]

[Agency Name]
[Agency Address]
Attention: [Manager/Officer]

Subject: Withdrawal from Deployment and Demand for Immediate Release of Passport

I am [Your Name], applicant for [Position/Country]. I hereby withdraw my consent to deploy. 
Please release my passport and all original documents to me immediately on [Date/Time] at your office. 
Kindly provide an itemized statement of any lawful, necessary, and actually incurred costs supported by official receipts. 
I do not consent to any penalties, liquidated damages, or unreceipted charges.

If release cannot be made on the above schedule, please state your reason in writing today. 
Otherwise, I will seek assistance from the Department of Migrant Workers and other authorities.

Sincerely,
[Signature]
[Name]
[Contact Number]

B. Request for Itemized Costs (If You’re Willing to Review Deductions)

[Date]

Please provide within three (3) days a line-item breakdown of any costs you claim, each with:
(a) description and purpose; (b) date incurred; (c) official receipt number; (d) amount; (e) whether employer- or worker-shouldered under DMW rules and host-country law.

Absent this, I will treat any alleged charges as disputed and unlawful.

C. Computation Worksheet (Personal Use)

Medical exam: ₱____ (OR #____, Date ____)
Skills assessment/TESDA: ₱____ (OR #____, Date ____)
Visa fee: ₱____ (OR #____, Date ____)
Authentication/attestation: ₱____ (OR #____, Date ____)
Other lawful, necessary, receipted items: ₱____
Total claimed: ₱____
Disputed items (no OR / employer-shouldered / penalty): list here
Net payable (if any): ₱____

11) If You Already Paid: Getting Your Money Back

If deployment fails without your fault (agency/employer canceled; no job order) and you already paid a placement fee or agency-collected costs, you may seek refunds/restitution.
File a DMW complaint attaching receipts, proof of cancellation, and your demand letters.
Interest and additional damages may be available in cases of bad faith or unlawful exactions (evaluate with counsel).

12) Special Notes by Worker Category

HSWs: No placement fee. Be extra alert for “processing packages” that hide prohibited fees.
Healthcare professionals: Verify which costs are employer-shouldered under the host country (many require the employer to pay visa, credentialing, flight).
Seafarers: No placement fee; manning agencies follow maritime rules. Withholding of seafarers’ documents is likewise improper.
Direct hires: Additional approvals may apply; ensure that any “assistance fee” is lawful and receipted, and that you keep custody of your passport.

13) Quick FAQ

Q: Can the agency charge me a penalty for backing out? A: No. Only lawful, necessary, receipted actual costs may be settled. Penalties/liquidated damages meant to deter withdrawal are generally improper.

Q: They won’t release my passport unless I pay. A: That’s unlawful. Demand immediate release; escalate to DMW and law enforcement if needed.

Q: I signed a quitclaim—am I stuck? A: Not necessarily. Quitclaims that waive statutory rights or were signed under pressure can be challenged. Seek legal help.

Q: Who decides disputes before deployment? A: DMW handles recruitment violations and refunds/restoration related to agency practices; NLRC mainly handles employment money claims after deployment.

14) Handy Action Plan (One Page)

Decide & document your reasons to withdraw.
Send withdrawal + passport demand letter.
Pick up passport (bring ID); refuse quitclaims/penalties.
Request itemized, receipted costs; settle only lawful items.
Escalate to DMW if there’s refusal, overcharging, or coercion.
For threats/harassment, PNP/barangay; for persistent passport issues, DFA guidance.
Consider refund/complaint for any unlawful charges already paid.

Final Note

Withdrawing from overseas employment should never cost you your passport or expose you to unlawful “penalties.” Know the limits of allowable charges, insist on receipts, and use the DMW/DFA/PNP channels early if an agency resists.