The document discusses the legal mandates and services provided by the Department of Foreign Affairs (DFA) for overseas Filipinos. It outlines that the DFA is mandated by the 1987 Constitution and other laws to protect overseas Filipinos. The DFA provides assistance-to-nationals services including repatriation assistance, legal aid, and welfare services. It also discusses Republic Act 11641 which establishes a new Department of Migrant Workers and clarifies that the DFA will continue assisting overseas Filipinos in countries without Migrant Workers Offices through existing funds.

1. Legal Mandates of ATN
The 1987 Philippine Constitution:
• The State affirms labor as a primary social economic force. It shall
protect the rights of workers and promote their welfare. (Art. II,
Sec. 18)
• The State shall afford full protection to labor, local and overseas,
organized and unorganized, and promote full employment and
equality of employment opportunities for all. (Art. XIII, Sec. 3)
Philippine Foreign Service Act of 1991 (RA 7157):
• Third pillar of the Philippine Foreign Policy: Protection of the rights
and promotion of the welfare and interest of Filipinos overseas
ASSISTANCE-TO-NATIONALS SERVICES
LEGAL MANDATES
1 OFFICE OF THE UNDERSECRETARY FOR
MIGRANT WORKERS’ AFFAIRS
DEPARTMENT OF FOREIGN AFFAIRS

2. Migrant Workers and Overseas Filipinos Act of 1995 (as amended)
• An act to institute the policies of overseas employment and establish a
higher standard of protection and promotion of the welfare of migrant
workers, their families and overseas Filipinos in distress
• Salient provisions of the law:
1. Codified Philippine policy on deployment of Overseas Filipinos;
2. Defined the crime of illegal recruitment;
3. Established the Office of the Undersecretary for Migrant Workers’
Affairs (formerly known as the Legal Assistant for Migrant
Workers Affairs); and
4. Established the Legal Assistance Fund for migrant workers and
overseas Filipinos in distress.
2 OFFICE OF THE UNDERSECRETARY FOR
MIGRANT WORKERS’ AFFAIRS
DEPARTMENT OF FOREIGN AFFAIRS
ASSISTANCE-TO-NATIONALS SERVICES
LEGAL MANDATES
Legal Mandates of ATN

3. Assistance-to-Nationals (ATN) Services
1. Whereabouts/Ascertaining
Condition/Welfare Check
2. Family Financial Support
3. Repatriation
4. Medical Repatriation
5. Shipment of Remains/ Cremated
Remains
6. Shipment of Personal
Belongings
7. Employment-related complaints
8. Jail Visitation
9. Compassionate Visit of the NOK
ASSISTANCE-TO-NATIONALS SERVICES
ASSISTANCE-TO-NATIONALS SERVICES
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MIGRANT WORKERS’ AFFAIRS
DEPARTMENT OF FOREIGN AFFAIRS
10. Request for ROD and other Civil Registry
Documents
11. Recommendation for Blacklisting
12. Monetary Claims/Blood Money
Negotiations
13. End-of-Service Benefits

4. Legal Assistance Services
1. Assistance to Detained OFWs and those Serving Prison Terms
2. Provision of Services of Lawyers/Counsel
ASSISTANCE-TO-NATIONALS SERVICES
LEGAL ASSISTANCE SERVICES
4 OFFICE OF THE UNDERSECRETARY FOR
MIGRANT WORKERS’ AFFAIRS
DEPARTMENT OF FOREIGN AFFAIRS

5. Special Assistance-to-Nationals Services
1. Monitoring of Death Penalty Cases
2. Piracy
3. Maritime Issues
4. Transnational Crime
(i.e. Trafficking in Persons, Illegal
Recruitment, Human Smuggling)
5. Child Custody / Parental Child
Abduction Cases
6. Assistance to Kidnapping and
Hostage Victims Crisis
Management
ASSISTANCE-TO-NATIONALS SERVICES
SPECIAL ASSISTANCE-TO-NATIONALS
SERVICES
5 OFFICE OF THE UNDERSECRETARY FOR
MIGRANT WORKERS’ AFFAIRS
DEPARTMENT OF FOREIGN AFFAIRS

6. Republic Act 11641
ASSISTANCE-TO-NATIONALS
(ATN) SERVICES
SECTION IN PRESENTATION
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MIGRANT WORKERS’ AFFAIRS
DEPARTMENT OF FOREIGN AFFAIRS
Department of Migrant
Workers (DWM) Act

7. The DFA under RA 11641
● The DFA will continue to provide assistance, through its Embassies
and Consulates, for areas WITHOUT a Migrant Workers Office (MWO).
● Presently there are only thirty-eight (38) MWOs compared to a total of
eighty-nine (89) Embassies and Consulates.
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MIGRANT WORKERS’ AFFAIRS
DEPARTMENT OF FOREIGN AFFAIRS

8. The DFA under RA 11641
● The DFA will continue to have primacy in the conduct of international
relations. This primacy would include taking the lead in the negotiation
of bilateral and multilateral agreements, initiatives, and programs,
including intergovernmental processes.
● The DFA, through its Embassies and Consulates, will continue to be
the main loci of contact between the Philippine Government and the
government of the host country. Under the One-Country Team
Approach, the officers and staff of the Migrant Workers Office would
be under the operational command of the Ambassador or the Consul
General, as well as whoever is designated as Acting Head of Post or
Officer-in-Charge in the absence of the Ambassador at an Embassy or
the Consul General at a Consulate General.
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MIGRANT WORKERS’ AFFAIRS
DEPARTMENT OF FOREIGN AFFAIRS

9. The DFA under RA 11641
● The exercise of the powers and functions of the DMW shall in no
way limit, restrict, or diminish the pursuit of an independent foreign
policy or the conduct of foreign relations and treaty negotiations by
the DFA. (Section 6, Republic Act 11641)
● Protection of the rights and promotion of the welfare of overseas
Filipinos is a pillar of Philippine foreign policy. The DFA shall
continue providing assistance to other Filipino nationals not covered
under this Act.(Section 6, Republic Act 11641)
○ Under Book IV, Title I, Chapter I, Section 3(9) of the
Administrative Code, the duty of the DFA to protect and
assist Philippine nationals abroad remains.
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MIGRANT WORKERS’ AFFAIRS
DEPARTMENT OF FOREIGN AFFAIRS

10. OFs to be assisted by DFA:
1. Filipino nationals who are immigrants in the host country, having permanently moved
from the Philippines with no intent of permanent return, and have already applied or
petitioned for this status, even if they are employed and remain Filipino citizens, if the
receiving country’s government institutions and/or local civil society organizations
are unable to assist them;
2. Filipino nationals who have gained permanent residency status in the receiving
country, if the receiving country’s government institutions and/or local civil society
organizations are unable to assist them;
3. 3. Filipino nationals who are also citizens of the receiving country (dual citizens), if
the receiving country’s government institutions and/or local civil society
organizations are unable to assist them;
4. Filipino nationals who are investors, business owners, or co-owners of businesses,
and are therefore not employees, in the host country, if the receiving country’s
government institutions and/or local civil society organizations are unable to assist
them;
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MIGRANT WORKERS’ AFFAIRS
DEPARTMENT OF FOREIGN AFFAIRS

11. OFs to be assisted by DFA:
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5. Filipino nationals who are employees of international organizations with
diplomatic accreditation, such as the United Nations and its various agencies, if
their respective international organizations are unable to assist them;
6. Filipino nationals who are engaged in international volunteer programs, if their
respective international volunteer organizations are unable to assist them;
7. Filipino nationals who are engaged in direct missionary work or in relation to
their religious membership (not as employees) under the auspices of the Roman
Catholic Church and its various religious congregations, the Protestant Christian
churches or communities, and similar engagements in other religions, if their
respective church or religious organization, institution or community is unable to
assist them;
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MIGRANT WORKERS’ AFFAIRS
DEPARTMENT OF FOREIGN AFFAIRS

12. OFs to be assisted by DFA:
8. Filipino nationals who are engaged under a government-recognized exchange visitor
program for cultural and educational purposes, if their mother government agency in
PH or the counterpart government agency is unable to assist them;
9. Filipino nationals who are bona fide students or trainees in the host country, including
those who traveled to sit in examinations or for interviews, if their respective
academic institution or hosting company or technical institution is unable to assist
them;
10. Filipino nationals who are in a foreign country to participate in international events,
including competitions (sports, cultural, academic, etc.), or are invited to become
guest lecturers, resource persons or trainors for a short duration, if their respective
organizers or hosts are unable to assist them;
11. Filipino nationals who are PH-based journalists, writers, or members of a media
production unit, or similar outfit, sent abroad by their employer or are free-lancing for
particular assignments or production purpose, if their employers or next-of-kin are
unable to assist them;
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MIGRANT WORKERS’ AFFAIRS
DEPARTMENT OF FOREIGN AFFAIRS

13. OFs to be assisted by DFA:
12. Filipino nationals who are bona fide tourists,
with every intent to return to PH and are not
engaged in remunerated activities in the
receiving country, if their tour company and
local government authorities in the receiving
countries are unable to assist them; and
13. Filipino nationals abroad who are not engaged
in remunerated activities in the receiving
country, such as non-working dependents of
citizens of the receiving country or of other
expatriate nationalities, if their respective
principals are unable to assist them.
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SPECIAL ASSISTANCE-TO-NATIONALS
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13 OFFICE OF THE UNDERSECRETARY FOR
MIGRANT WORKERS’ AFFAIRS
DEPARTMENT OF FOREIGN AFFAIRS

14. The DFA under RA 11641
● The Agarang Kalinga at Saklolo para sa mga OFWs na
Nangangailangan (AKSYON) Fund is hereby established to provide
legal and other forms of assistance to OFWs, separate from the
funds managed by the DFA. The DFA shall retain ATN and Legal
● Assistance Funds for the benefit of other Filipinos overseas and for
consular assistance services.(Section 14, Republic Act 11641)
● A sufficient sum shall be appropriated to
the DFA to perform functions of the MWO
in Foreign Service Posts where there is
yet no such office.
(Section 14, Republic Act 11641).
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MIGRANT WORKERS’ AFFAIRS
DEPARTMENT OF FOREIGN AFFAIRS

15. AKSYON Fund – Effects on DFA
● The DFA shall RETAIN the ATN and Legal Assistance Funds for the
benefit of other Filipinos overseas (i.e.non-OFWs) and for consular
assistance services (to both OFWs and non-OFWs). (Section 14,
Republic Act 11641)
● A sufficient sum shall be appropriated to the DFA to perform
functions of the Migrant Workers Office in Foreign Service Posts
where there is yet no such office. (Section 14, Republic Act 11641)
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15 OFFICE OF THE UNDERSECRETARY FOR
MIGRANT WORKERS’ AFFAIRS
DEPARTMENT OF FOREIGN AFFAIRS

16. AKSYON Fund – Effects on DFA
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SPECIAL ASSISTANCE-TO-NATIONALS
SERVICES
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MIGRANT WORKERS’ AFFAIRS
DEPARTMENT OF FOREIGN AFFAIRS
POSTS WITH MWO POSTS WITHOUT MWO
● MWO will take jurisdiction over OFWs.
Foreign Service Post (FSP) will take
jurisdiction over non-OFWs, (i.e. other OFs)
● Funding for assistance for OFWs would be
sourced from the AKSYON Fund managed
by the DMW. Funding for assistance for
non-OFWs would be source from the ATN
Fund and LAF, managed by the DFA.
● DFA’s FSP will take jurisdiction for both
OFWs and non-OFWs.
● Funding for assistance for both categories
of OFWs and non-OFWs would be sourced
from :
○ A sufficient sum shall be appropriated
to the DFA to perform functions of the
Migrant Workers Office in Foreign
Service Posts where there is yet no
such office. (Section 14, Republic Act
11641)
In both cases,the DFA shall use the ATN and LAF for consular assistance services to
OFWs and non-OFWs. (Section 14, Republic Act 11641)

17. ASSISTANCE-TO-NATIONALS SERVICES
SPECIAL ASSISTANCE-TO-NATIONALS
SERVICES
17 OFFICE OF THE UNDERSECRETARY FOR
MIGRANT WORKERS’ AFFAIRS
DEPARTMENT OF FOREIGN AFFAIRS