The Department of Justice (DoJ) has issued a legal opinion declaring the Agarang Kalinga at Saklolo para sa mga Overseas Filipino Workers na Nangangailangan (Aksyon) Fund available to all OFWs in need of assistance, regardless of their location.
Justice Secretary Jesus Crispin C. Remulla, in his opinion dated 16 September 2024, stated that the Aksyon fund is not limited to Filipinos stationed in Migrant Workers Offices (MWOs) abroad.
The opinion was sought by Department of Migrant Works (DMW) Secretary Hans Leo Cacdac, who expressed concern about the limited access of distressed OFWs to the Aksyon fund.
Cacdac cited Section 14 of Republic Act No. 11641, the DMW Act, which states that the Aksyon Fund provides legal and other forms of assistance to OFWs at Foreign Service Posts where MWO have been established and staffed.
Remulla said the clear intent of the fund is “to safeguard 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,” Remulla said.
The DoJ chief also mentioned Section 3(a) of RA 11641 provides that “the fund created under Section 14 of this Act to provide legal, medical, financial, and other forms of assistance to Overseas Filipino Workers including repatriation, shipment of remains, evacuation, rescue, and other analogous help or intervention to protect the rights of Filipino nationals.”
He added that Section 3(g) of the law defines an OFW as synonymous to a migrant worker and refers to “a Filipino who is to be engaged, is engaged in remunerated activity in a country of which he or she is not an immigrant, citizen, or permanent resident or is not awaiting naturalization, recognition, or admission, whether land-based or sea-based regardless of status.”
“As seen in the definition of the Aksyon Fund, 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,” said Remulla.
“This makes clear that RA No. 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.
At the same time, Remulla pointed out that Section 14 of RA 11641 “explicitly empowers the DMW Secretary, in collaboration with relevant stakeholders, to issue the necessary guidelines for the use of Aksyon Fund.”
Likewise, the DoJ chief said the provision clearly grants the DMW Secretary the authority to determine the specific scope of assistance, as well as establish the processes and criteria for accessing the Aksyon Fund.