A flurry of memos, a hastily signed IRR, and an order for the POEA administrator to turn over all documents to the new secretary of the Department of Migrant Workers (DMW)—and the week isn’t over yet.
The overseas employment sector is in a state of shock.
It seems that Labor Secretary Silvestre Bello III and Executive Secretary Salvador Medialdea share the same interpretation of the law creating the new OFW department while DMW Secretary Abdulla “Dabs” Mama-o has his own interpretation. It boils down to how the law should be interpreted in relation to the powers and functions of the DMW secretary during the transition phase.
Secretary Mama-o was appointed DMW secretary on March 4, 2022.
On March 15, Labor Secretary Bello issued a memorandum addressed to Administrator Bernard Olalia of the POEA, Administrator Hans Cacdac of OWWA, Assistant Secretary Alice Visperas of ILAB, Executive Director Joel Maglunsod of NMP and Director Gerald Tan of the NRCO stating that all these agencies are to remain and continue to operate under the control and supervision of DOLE.
On March 16, the interim secretary issued Department Order No. 1 directing all agencies “consolidated and merged into and constituted as the Department of Migrant Workers” to abide by the provisions enumerating the powers and functions of the Office of the Secretary. It also said that all pertinent documents in relation to said powers and functions shall require the signature of the Secretary.
On March 22, the Office of the Executive Secretary wrote Secretary Mama-o to call the latter’s intention to certain provisions of RA 11641 creating the DMW, particularly on the two-year transition period from date of effectivity with the following conditions to be met:
1. An appropriation for the DMW in the 2023 General Appropriations;
2. An effective Implementing Rules and Regulations (IRR) of the DMW; and,
3. A staffing pattern of the DMW.
In his letter, Executive Secretary Medialdea wrote: “Please note that during the Transition Period, it is the Transition Committee, and not the Secretary alone, that is mandated and has the authority to facilitate the complete and full operation of the Department and promulgate the rules and regulations necessary to effectively implement the smooth and orderly transfer to the Department of the subsumed agencies.
Last Tuesday, the DMW secretary signed his version of the Implementing Rules and Regulations and had it published without the approval and knowledge of the other members of the Transition Committee. None of the Transition Committee members knew about the contents of the IRR to be signed and that it was to be signed on that day. Even the leaders of the recruitment industry and civil society organizations that belong to the Overseas Land-based Tripartite Consultative Council were not invited to the IRR signing.
Secretary Mama-o also issued an administrative order, published yesterday in a major newspaper, asking POEA Administrator Bernard Olalia to “cease and desist from exercising any and all powers and functions as Administrator of the POEA,” and to turn over all documents to the Office of the Secretary within 24 hours of receiving the order.
On the very same day the cease-and-desist order was issued, the Labor Secretary issued his own memorandum again addressed to the heads of agencies or units that would be consolidated into the DMW.
Caught in between the two secretaries are the staff and officials of the Philippine Overseas Employment Administration and by extension, its constituents: licensed agencies, both sea-based and land-based as well as our precious OFWs.
To get an expert’s opinion on this impasse, I decided to consult one of the framers of the DMW law, Senate Minority Floor Leader Franklin Drilon, who once served as Justice and Labor secretary.
On whether Secretary Mama-o can, on the basis of his presidential appointment, take over the existing functions of DOLE as it pertains to the mandate of the DMW, Senator Drilon replied:
“No. The existing functions of the Department of Labor and Employment with respect to migrant workers cannot be transferred to Sec. Mama-o as no department has been constituted yet.”
He also said that there is no vacancy to be filled as of yet because the department has yet to be constituted, thus there is no Office of the DMW Secretary that needs to be filled.
“To date, there is no position that the appointee may occupy as there is no Department to speak of yet. There are no plantilla positions that can be filled, as the staffing pattern has not yet been formulated. Similarly, there is no item which the Department Secretary can occupy, no personnel whom he can lead.”
The senator clarified that the staffing pattern that would include the item for the DMW Secretary must first be approved and it would be the Transition Committee that would be in charge of that.
“After a staffing pattern is submitted and approved, the Department Secretary may assume his position and become part of the Transition Committee, to take part in the discharge of its other functions,” he added.
So, here we are—one of the biggest sectors contributing to the national and even global economy caught in a war between and among Cabinet secretaries, with barely three months to go before a new administration gains power.
How sad.
Susan V. Ople heads the Blas F. Ople Policy Center and Training Institute, a nonprofit organization that deals with labor and migration issues. She also represents the OFW sector in the Inter-Agency Council Against Trafficking.