Aksyon Fund available to all distressed OFWs–DOJ chief

WELCOME HOME / MARCH 12, 2024 DMW Officer-in-Charge Hans Leo Cacdac (2nd from right) and Health Secretary Ted Herbosa (right) welcomes seafarer EJ Paul Chumasera (in wheelchair) together with his 10 fellow companions during their arrival at the Ninoy Aquino International Airport (NAIA) terminal 3 in Paranaque City via Ethiopian Air flight ET644 on Tuesday, March 12, 2024. The 11 OFW's are part of the bulk carrier True Confidence which was attacked by Houti rebels at the Gulf of Aden. INQUIRER PHOTO / GRIG C. MONTEGRANDE

The Department of Justice (DOJ) has clarified that the Aksyon Fund from the Department of Migrant Workers (DMW) is intended to assist all overseas Filipino workers (OFWs), regardless of their location or status.

In a legal opinion dated Sept. 19, Justice Secretary Jesus Crispin Remulla said that the fund is accessible to all OFWs, not just those at Migrant Workers Offices (MWOs) abroad.

The clarification stemmed from the worries expressed by Migrant Workers Secretary Hans Leo Cacdac about Section 14 of Republic Act No. 11641, or the Department of Migrant Workers Act, which could potentially limit access to the Agarang Kalinga at Saklolo para sa mga OFW na Nangangailangan (Aksyon Fund) only to OFWs at Foreign Service Posts with MWOs.

Cacdac noted that this provision could exclude distressed OFWs who are either about to depart the Philippines or have been repatriated due to unforeseen circumstances such as pandemics, wars, or becoming victims of illegal recruitment and human trafficking.

However, Remulla emphasized that the fund’s main goal is to protect the rights of all OFWs.“Excluding repatriated OFWs and those who have yet to depart the country would defeat the fundamental purpose for which the fund was established,” he said.

To align with the law’s intended objectives, Section 14 must be read in conjunction with the definitions of the Aksyon Fund and OFWs provided by Sections 3(a) and 3(g) of RA 11641, according to the DOJ chief.

“The provision of assistance comes without restriction or qualification, and the term ‘OFW’ encompasses even those who have not yet left the country, regardless of status,” Remulla said.

“This makes it clear that RA 11641, in establishing the Aksyon Fund, intends for it to be available to all OFWs in need of assistance, whether they are abroad, have returned to the country, or have yet to depart,” he added.

Remulla further pointed out that the law explicitly empowers the DMW secretary to issue necessary guidelines for the fund’s use, giving the DMW chief authority to determine the specific scope of assistance.

Earlier in August, the DMW, through Department Order No. 05 Series of 2024, increased its financial assistance for distressed OFWs and their families to up to P100,000, from the previous range of P30,000 to P50,000.

According to the order, the amount of financial aid from the Aksyon Fund will depend on the individual situations of the concerned OFWs and their families.

A financial assistance of P100,000 is available for the next of kin of OFWs who passed away in the host country due to natural or accidental causes, or for those who died within one year of returning to the Philippines.

For OFWs suffering from severe illnesses, injuries, or mental health conditions, or those who have experienced abuse or exploitation resulting in physical or psychological harm, as well as those displaced due to war or political unrest, financial aid of P75,000 is available.

Those severely affected or displaced due to economic downturns, company bankruptcies, involuntary separation from employment, illegal recruitment, human trafficking, or natural calamities can receive P50,000.

This also applies to the next of kin of incarcerated OFWs serving their sentences.